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 29, 2003 No. 62 House of Representatives The House met at 2 p.m. and was ers and sisters. Bless our constituents jobs, then why are they for a little itty called to order by the Speaker pro tem- and colleagues, our friends and loved bitty tax relief package? pore (Mrs. BIGGERT). ones. May we serve faithfully in bring- Well, some oppose tax relief because f ing forth a Nation that is just, one that they think the money belongs to the keeps faith and hope alive. government instead of the people who DESIGNATION OF THE SPEAKER We ask this in Your name. Amen. earn it. The good news is that this is an PRO TEMPORE f intellectually consistent response. The The SPEAKER pro tempore laid be- bad news is, the only person in the fore the House the following commu- THE JOURNAL Western Hemisphere who believes it is nication from the Speaker: The SPEAKER pro tempore. The Fidel Castro. WASHINGTON, DC, Chair has examined the Journal of the Others say they worry about the def- April 29, 2003. last day’s proceedings and announces icit, but their argument contradicts I hereby appoint the Honorable JUDY to the House her approval thereof. itself. The budget was balanced in the BIGGERT to act as Speaker pro tempore on Pursuant to clause 1, rule I, the Jour- 1990s through spending restraint and this day. J. DENNIS HASTERT, nal stands approved. economic growth. Letting people keep Speaker of the House of Representatives. f more of their own money stimulates the economy and limits our ability to f PLEDGE OF ALLEGIANCE spend. PRAYER The SPEAKER pro tempore. Will the Those opposing significant tax relief The Reverend Edward J. Burns, Exec- gentleman from Virginia (Mr. WOLF) would intentionally hamstring the utive Director, Secretariat for Voca- come forward and lead the House in the economy and leave hundreds of billions tions and Priestly Formation at the Pledge of Allegiance. in Washington, D.C. to be spent like a United States Conference of Catholic Mr. WOLF led the Pledge of Alle- stray $20 bill in Las Vegas, not exactly Bishops, Washington, D.C. offered the giance as follows: a recipe for a balanced budget. following prayer: I pledge allegiance to the Flag of the Finally, some in Washington just at- Blessed are You, Lord God of all cre- United States of America, and to the Repub- tack everything that the President ation, the God of Abraham, Isaac, and lic for which it stands, one nation under God, proposes. This, unfortunately, de- Jacob, the father of Jesus and God of indivisible, with liberty and justice for all. scribes too many Democrats in Con- us all. We thank You for the many f gress, more interested in griping than gifts You have given us out of love. We governing. EXPLAINING OPPOSITION TO TAX praise You for the wonders of Your Madam Speaker, whether their rea- RELIEF works. We now ask that You bless us. sons are extreme, self-contradictory, or As the Members of the United States (Mr. DELAY asked and was given per- partisan, the enemies of significant tax House of Representatives reconvene mission to address the House for 1 relief are wrong. We need real tax relief after their holiday recess, we are mind- minute and to revise and extend his re- to create jobs, grow an economy that ful of Your many gifts of salvation and marks.) can afford all our priorities, balance redemption. We ask now that You bless Mr. DELAY. Madam Speaker, the the budget, and hold the line on spend- these men and women. Grant them the number one domestic priority of this ing. That is, after all, why the Amer- strength, grace, perseverance, and wis- administration and this Congress is to ican people elected Republican leaders dom to carry out the task that lies stimulate the sluggish economy. The in the first place. ahead of them. Bless their endeavors President’s tax relief proposal will cre- f and give success to the work of their ate jobs. It will grow the economy. It hands. will spur investment and innovation in PAYING TRIBUTE TO THE LIFE OF Bless our troops who are serving our the private sector. And it will put more CORPORAL ARMANDO ARIEL country; in particular, those men and money into the pockets of the Amer- GONZALEZ women who are serving in Operation ican men and women who earn it. (Mr. WILSON of South Carolina Iraqi Freedom. Guide them, protect By contrast, the alternative plan asked and was given permission to ad- them, and grant peace and consolation being touted is insufficient, and its dress the House for 1 minute and to re- to their families. proponents have some explaining to do. vise and extend his remarks.) We recognize that we do not work As the President put it the other day, Mr. WILSON of South Carolina. alone; but rather, we rely on our broth- if they agree that tax relief creates Madam Speaker, I rise today to pay

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

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VerDate Jan 31 2003 03:52 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.000 H29PT1 H3410 CONGRESSIONAL RECORD — HOUSE April 29, 2003 tribute to the life of Corporal Armando lieve that is what we should invest in, land security alert system goes to or- Ariel Gonzalez, who gave his life bring- the people of this country rebuilding ange, our State budgets go into the ing freedom to the oppressed people of around the world our friendship, and red. I fear this President and this Re- Iraq. not passing a reckless tax cut. publican Congress are sacrificing Armando understood the significance f homeland security and other needs in of Operation Iraqi Freedom better than favor of deep tax cuts that will have ESSENTIAL AIR SERVICE BILL most Americans because, as a teenager, little positive effect on our economy. he and his father used a raft to escape (Mr. PITTS asked and was given per- We need to do better. from an oppressive regime in Cuba to mission to address the House for 1 f find liberty in America. minute and to revise and extend his re- ALERTING NATION TO ASSIST IN Corporal Gonzalez was a dedicated marks.) SEARCH FOR ASHLEIGH MOORE Marine assigned to the Marine Wing Mr. PITTS. Madam Speaker, on OF SAVANNAH, GEORGIA, AND Support Squadron 273 stationed at the March 23 the Federal Department of OTHER MISSING AND EXPLOITED Marine Corps Air Station Beaufort in Transportation decided to yank fund- CHILDREN South Carolina. He served bravely in a ing from the Lancaster Airport in my hostile environment, and supported one district, denying the airport of its abil- (Mr. BURNS asked and was given of the most successful military cam- ity to provide commercial air services. permission to address the House for 1 paigns in history, one that will be im- The Department operates a program minute and to revise and extend his re- mortalized along with the battles of called the Essential Air Services Pro- marks.) Belleau Woods, Okinawa, Inchon, and gram which provides subsidies to air- Mr. BURNS. Madam Speaker, today Khe Sanh. lines that serve smaller markets that the Subcommittee on Select Education Armando fought for a country he would otherwise go without commer- is holding a hearing on missing and ex- could not call his own, but has received cial service. But the Department of ploited and runaway youth under his citizenship posthumously, thanks Transportation is wrong in this case. which revisions to the National Center The 68-mile route it chose between to the hard work of the gentleman for Missing and Exploited Children will Route 30 to Philadelphia International from Florida (Mr. LINCOLN DIAZ- be considered. Airport takes 3 hours to drive or more. BALART). This topic is particularly relevant to He leaves behind a loving wife, The route most commonly used is 80 the people of Savannah, as there is a Liudmila, who is expecting their first miles and takes about half that time to young girl from that area in my dis- child. His baby will be born an Amer- drive. trict who has been missing for more This week I am introducing a bill to ican, and can be proud of a father who than 2 weeks. remedy this wrong. The Essential Air died as a true patriot. In conclusion, Ashleigh Moore is only 12 years old. Services Eligibility Fairness Act will God bless our troops. She is an African American young lady make sure the highway mileage be- who is a little over 5 feet tall and f tween a place and the nearest hub air- weighs 120 pounds. She was last seen REPUBLICANS PROPOSE RECK- port will be determined by the most wearing a white shirt and brown pants. LESS TAX CUT WHILE MILLIONS commonly used route between the two Her family is very worried about her, OF AMERICANS GO WITHOUT airports. It will protect, in my case, and the entire community from Savan- HEALTH INSURANCE 876,000 air trips that originate every nah is making every effort to find her. (Ms. JACKSON-LEE of Texas asked year in Lancaster; and it will protect I am hopeful that she will return safely and was given permission to address the other small market airports around home very soon. the House for 1 minute and to revise the country that provide convenient I would urge anyone who has any in- and extend her remarks.) air service for millions. formation about Ashleigh to contact Ms. JACKSON-LEE of Texas. Madam f the Savannah police at 912–232–4141. Speaker, just a few steps away from Madam Speaker, children are a pre- HOMELAND SECURITY AND TAX cious resource. The National Center for the floor of the House, there are many CUTS of us gathered near the Senate, stand- Missing and Exploited Children acts to (Mr. UDALL of Colorado asked and ing up to speak on behalf of the 75 mil- reunite missing children with their was given permission to address the lion uninsured Americans: physicians, families, and work with crime preven- House for 1 minute and to revise and representatives of hospitals, the Amer- tion officers to reach out to the com- extend his remarks.) ican Medical Association, the National munity with child safety information Mr. UDALL of Colorado. Madam and services. Medical Association, nurses’ organiza- Speaker, as we prepare for the debate tions, students; individuals who recog- on taxes and spending, I want to call b 1415 nize, Madam Speaker, that it is not attention to an article in Sunday’s My thoughts and prayers are with griping when we say that we cannot af- Denver Post on the threat of shoulder- Ashleigh’s family today. ford a $726 billion tax cut that will re- fired missiles to our airliners. f sult in a $1.7 trillion deficit in this The article quotes security experts as DEMOCRATIC PLAN CREATES JOBS economy, it is the people of the United saying this threat is ‘‘nearly impos- States. It is the veterans who are sible to defend against,’’ and points out (Mr. GEORGE MILLER of California deenrolled who cannot go to veterans’ that equipping the U.S. commercial asked and was given permission to ad- hospitals even as I speak, even in my airline fleet with jammers or decoys dress the House for 1 minute and to re- congressional district, because we have could cost up to $10 billion. vise and extend his remarks.) no money in the budget. It is the young There are other threats, as well. We Mr. GEORGE MILLER of California. men and women who are willing to need to do much more to prevent ship Madam Speaker, the distinguished ma- offer themselves as the ultimate sac- containers that would be used to smug- jority leader got up here and said the rifice in Iraq, the United States troops gle in weapons of mass destruction. first priority of the President was the who will be returning, individual Of course, we cannot prevent every economy. That is interesting for a troops who make a $1,000 a month who conceivable threat to our homeland se- President who over his 2 years in office cannot afford, when they leave the curity. We have to set priorities and we has lost 21⁄2 million jobs, 21⁄2 million service, good health care. have to fund those priorities. American workers who do not have That is why we believe the tax cut One thing is for sure: when the Presi- jobs and hundreds of thousands of oth- cannot and should not be passed, be- dent proposed and this Congress passed ers that have run out of unemployment cause of the millions of individuals a budget resolution that includes more and the President has resisted extend- who are uninsured. than $1 trillion in tax cuts, we cannot, ing their unemployment benefits. And I believe we should stand for what in good conscience, tell the American we will see what happens this May as America believes in. That is the prom- people we are funding these priorities. hundreds of thousands more lose their ise of America, that all of us should Madam Speaker, our States need help unemployment and they have no in- have equal access to health care. I be- in beefing up security. When our home- come support for their families, to pay

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.003 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3411 for their homes, to try to help keep lowing communication from the Clerk nication from the Honorable GEORGE their children in school and to pay the of the House of Representatives: RADANOVICH, Member of Congress: doctors’ bills. OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES, It is also interesting that he says HOUSE OF REPRESENTATIVES, Washington, DC, April 14, 2003. that there are two purposes: one is to Washington, DC, April 14, 2003. Hon. J. DENNIS HASTERT, give tax relief to stimulate the econ- Hon. J. DENNIS HASTERT, Speaker, House of Representatives, omy, and the other is to keep the gov- The Speaker, House of Representatives, Washington, DC. ernment from spending the money be- Washington, DC. DEAR MR. SPEAKER: This is to notify you formally, pursuant to Rule VIII of the House cause they want to spend all the DEAR MR. SPEAKER: Pursuant to the per- mission granted in Clause 2(h) of Rule II of of Representatives, that I have been served money. The last time I looked, the Re- the Rules of the U.S. House of Representa- with a subpoena issued by the U.S. District publicans controlled the House of Rep- tives, the Clerk received the following mes- Court for the Eastern District for testimony resentatives, the Republicans con- sage from the Secretary of the Senate on and documents. trolled the Senate, and the Republicans April 12, 2003 at 2:25 p.m. After consultation with the Office of Gen- controlled the White House; but appar- That the Senate agreed to conference re- eral Counsel, I have determined that compli- ently we have got to destroy the Amer- port H.R. 1559. ance with the subpoena is inconsistent with ican economy with these tax cuts be- With best wishes, I am the precedents and the privileges of the Sincerely, House. fore they kill again. They cannot con- Sincerely, trol themselves from spending trillions JEFF TRANDAHL, Clerk of the House. GEORGE RADANOVICH, of dollars. They cannot control them- Member of Congress. f selves from running up the deficit. f They inherited a $2 trillion surplus, ANNOUNCEMENT BY THE SPEAKER COMMUNICATION FROM THE HON. and they have turned it into a $4 tril- PRO TEMPORE lion debt. What happened with these GEORGE RADANOVICH, MEMBER people? They have no fiscal discipline. The SPEAKER pro tempore. Pursu- OF CONGRESS So now they want to spend a trillion ant to clause 8 of rule I, Speaker pro The SPEAKER pro tempore laid be- dollars to create half as many jobs as tempore THORNBERRY signed the fol- fore the House the following commu- the Democratic plan will create for $150 lowing enrolled bills on Tuesday, April nication from the Honorable GEORGE billion. 15, 2003: RADANOVICH, Member of Congress: H.R. 145, to designate the Federal f HOUSE OF REPRESENTATIVES, building located at 290 Broadway in Washington, DC, April 24, 2003. REMOVE CUBA FROM UNITED NA- New York, New York, as the ‘‘Ted Hon. J. DENNIS HASTERT, TIONS HUMAN RIGHTS COMMIS- Weiss Federal Building;’’ Speaker, House of Representatives, SION H.R. 258, to ensure continuity for the Washington, DC. (Mr. FOLEY asked and was given per- design of the 5-cent coin, establish the DEAR MR. SPEAKER: This is to notify you mission to address the House for 1 citizens coinage advisory committee, formally, pursuant to Rule VIII of the Rules minute and to revise and extend his re- and for other purposes; of the House of Representatives, that I have been served with a subpoena issued by the marks.) H.R. 1559, making emergency war- U.S. District Court for the Eastern District Mr. FOLEY. Madam Speaker, I rise time supplemental appropriations for of California for testimony and documents. today to urge my colleagues to pass a fiscal year 2003, and for other purposes; After consultation with the Office of Gen- very important resolution I will be in- H.R. 1770, to provide benefits and eral Counsel, I have determined that compli- troducing today. My bill expresses the other compensation for certain individ- ance with the subpoena is inconsistent with sense of the House that the United Na- uals with injuries resulting from ad- the precedents and privileges of the House. tions must call for the U.N. to remove ministration of smallpox counter- Sincerely, Cuba from the United Nations Human GEORGE RADANOVICH, measures, and for other purposes. Member of Congress. Rights Commission. The U.N. Human Rights Commission f f is the primary world body responsible COMMUNICATION FROM VICE- ANNOUNCEMENT BY THE SPEAKER for protecting the inalienable rights of CHAIRMAN OF THE JOINT COM- PRO TEMPORE all people to live free from harm and MITTEE ON THE LIBRARY The SPEAKER pro tempore. Pursu- oppression. However, with some of the The SPEAKER pro tempore laid be- ant to clause 8 of rule XX, the Chair world’s most egregious human rights fore the House the following commu- will postpone further proceedings violators on the panel, like Libya and nication from the vice-chairman of the today on motions to suspend the rules Cuba, it is unlikely that it can effec- Joint Committee on the Library: on which a record vote or the yeas and tively carry out its mission. nays are ordered or on which the vote Whether it is Saddam Hussein or HOUSE OF REPRESENTATIVES, Fidel Castro, the U.N. has repeatedly April 10, 2003. is objected to under clause 6 of rule Hon. DENNIS HASTERT, protected tyrants, torturers, and mur- XX. Speaker, House of Representatives, Record votes on postponed questions derers. Allowing Cuba to stay on the Washington, DC. will be taken after 6:30 p.m. today. Human Rights Commission is like hon- DEAR MR. SPEAKER: Pursuant to Public oring Saddam Hussein with the Nobel Law 101–696 Section 801 (40 USC para. 188a(b)) f Peace Prize. the Chairman and Vice-Chairman of the RECOGNIZING THE ACHIEVEMENTS Today I was shocked to learn that Joint Committee of the Library are provided OF OPERATION RESPECT, THE Cuba once again was put on the panel. positions on the Capitol Preservation Com- ‘‘DON’T LAUGH AT ME’’ PRO- mission. For over 40 years Fidel Castro has time GRAMS AND PETER YARROW and time again shown his reprehensible I am appointing Mr. John Mica of Florida to be my designee as provided for in Public Mr. PORTER. Madam Speaker, I disregard for the safety and welfare of Law 101–696 Section 801 (40 USC para 188a(c)). move to suspend the rules and agree to his own people. His tyrannical regime Thank you for your attention to this mat- the resolution (H. Res. 161) recognizing has forced countless innocent people to ter. the achievements of Operation Respect, risk their lives to seek the shores of Sincerely, the ‘‘Don’t Laugh At Me’’ programs, VERNON J. EHLERS, the United States. But what is worse is and Peter Yarrow, as amended. that these people will go to the fur- Vice-Chairman, Joint Committee on the Library. The Clerk read as follows: thest of extremes to hurt their own H. RES. 161 people. f Whereas Operation Respect is a nonprofit f COMMUNICATION FROM THE HON. organization engaged in a national effort to COMMUNICATION FROM THE GEORGE RADANOVICH, MEMBER transform participating schools, after-school CLERK OF THE HOUSE OF CONGRESS programs, and children’s summer camps into more compassionate and respectful environ- The SPEAKER pro tempore (Mrs. The SPEAKER pro tempore laid be- ments through its ‘‘Don’t Laugh At Me’’ pro- BIGGERT) laid before the House the fol- fore the House the following commu- gram materials that address the issues of

VerDate Jan 31 2003 03:52 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.005 H29PT1 H3412 CONGRESSIONAL RECORD — HOUSE April 29, 2003 emotional and physical violence among chil- which to revise and extend their re- working with school districts, camps, dren; marks on H. Res. 161. teachers, and students across America Whereas Operation Respect has conducted The SPEAKER pro tempore. Is there to promote the healthy social and emo- 230 workshops, reaching over 18,000 educators objection to the request of the gen- tional development of children. in 27 States and distributing 50,000 copies of its professionally developed curriculum; tleman from Nevada? I want to thank the gentleman from Whereas representatives of this organiza- There was no objection. California (Mr. CUNNINGHAM) for his co- tion have appeared before over 240 edu- Mr. PORTER. Madam Speaker, I sponsorship of this legislation and for cational organizations in 36 States on behalf yield myself such time as I may con- his own strong support of Operation of Operation Respect, as well as before the sume. Respect. The gentleman from Cali- Republican conference and Democratic cau- I rise today in support of H. Res. 161, fornia (Mr. CUNNINGHAM) was respon- cus of the United States House of Represent- which commends Operation Respect, sible for arranging for Peter Yarrow to atives; the ‘‘Don’t Laugh At Me’’ programs’ ef- visit the Republican Conference last Whereas the ‘‘Don’t Laugh At Me’’ pro- forts to provide character education. gram increases mutual respect and fellow- year to talk about this program and to ship among hundreds of thousands of elemen- I would like to take this opportunity sing some of the songs, an achievement tary school children, creating an environ- to commend the gentleman from Cali- that deserves recognition in the House ment for students that improves focus on fornia (Mr. GEORGE MILLER) and the as well. academic achievement and encourages an at- gentleman from California (Mr. I also want to thank my cosponsors mosphere of respect and responsibility; CUNNINGHAM) for their efforts to draw for their support of this resolution, Whereas the ‘‘Don’t Laugh At Me’’ camp attention to the importance of char- particularly the gentleman from Wis- programs have made the environment at acter education programs in our consin (Mr. OBEY), who is a strong sup- summer camps safer and more secure for schools. porter of character education programs children by creating a greater sense of re- In 2001, Congress recognized the im- sponsibility, justice and fairness; in the Labor-HHS appropriations bill in Whereas the ‘‘Don’t Laugh At Me’’ pro- portance of character education pro- recent years. grams have made a significant impact on grams like Operation Respect when we Lastly, I thank the gentleman from schools and camps through a curriculum of passed the No Child Left Behind Act. Ohio (Mr. BOEHNER) and his staff for character education and social and emo- This landmark legislation contains the their assistance in having this resolu- tional learning; partnerships in character education tion placed before the House expedi- Whereas the overwhelming majority of stu- program that provide grants for char- tiously. dents participating in a recent survey con- acter education programs that empha- Most of us here are familiar with the cluded that the ‘‘Don’t Laugh At Me’’ pro- size academic achievement and focuses ‘‘Don’t Laugh At Me’’ program. Last gram was a valuable and beneficial experi- ence and resulted in a diminution of negative on elements such as citizenship, re- year, its founder and tireless advocate, behaviors such as bullying, and increased spect, responsibility, and trust- Peter Yarrow of the legendary trio openness and trust; worthiness. Peter, Paul and Mary, spoke to both Whereas counselors and campers alike who As some may know, Operation Re- the Republican Conference and the participated in the ‘‘Don’t Laugh At Me’’ spect is a nonprofit organization that Democratic Caucus about the necessity programs agreed that the programs were ef- assists schools, after-school programs, for, and the success of, this program. fective, enjoyable, and positively influenced and summer camps in their efforts to Many of us have seen him as he has ap- the academic and character education of the create safe and respectful environ- peared before dozens of school boards, children; Whereas the success of Operation Respect ments for students and teachers. Spe- teacher organizations, parents groups and the ‘‘Don’t Laugh At Me’’ programs has cifically, Operation Respect utilizes throughout this Nation promoting been recognized by the National Conference music and video, along with a conflict- sound emotional development and tol- of State Legislatures and various edu- resolution curriculum, to help address erance among our children. cational associations, including the National the problems of bullying and teasing We are all painfully aware of the im- Association of Elementary School Prin- among elementary and middle school ages, language and experiences of chil- cipals, the National Association of Sec- youth. dren that assault their self-esteem, ondary School Principals, the American As- Operation Respect also recognizes their attitudes toward others and their sociation of School Administrators, the Council of Great City Colleges of Education, the importance of professional develop- sense of compassion and tolerance. the National Education Association, the ment by offering workshops designed From bullying in the schoolyards to Council of Great City Schools, the American to provide educators with the tools the lyrics of many popular songs, to School Counselors Association, the National that they need to effectively imple- the violence in film and news broad- School Boards Association, the National ment character education programs. In casts, young children in our society, Middle School Association, and the Amer- fact, over 18,000 teachers have partici- and adults too, are assaulted by mes- ican Federation of Teachers; and pated in 230 ‘‘Don’t Laugh At Me’’ sages and images of intolerance, bru- Whereas the National Conference of State workshops in 27 States throughout the tality, victimization, and bias. Any Legislatures passed a resolution on August 12, 2001, encouraging funding and other sup- United States. reasonable person must be concerned port from States for professional develop- I would also like to commend Oper- about the impact of those values on ment of educators in this arena and recog- ation Respect for their efforts to lever- these young children, now and nizing the contributions of Operation Re- age the private sector support for their throughout their lives. And we were spect in advancing State legislative initia- programs. Through the cooperative ef- concerned that they be taught alter- tives to expand social and emotional learn- forts of community-based organiza- native values that help us build closer ing and character education programs: Now, tions, schools, and the private sector, personal relationships and stronger therefore, be it students are better able to understand communities. Resolved, That Operation Respect and the ‘‘Don’t Laugh At Me’’ program are com- the importance of acting responsibly Fortunately, there are efforts and in- mended for their major contributions to the and treating one another with respect. stitutions that are effectively pro- sound academic focus, character develop- Again, I am pleased to recognize the moting positive values and respect, tol- ment, and improved physical safety of chil- achievements of Operation Respect and erance and understanding and compas- dren throughout the United States. the ‘‘Don’t Laugh At Me’’ programs, sion. Our churches and synagogues The SPEAKER pro tempore. Pursu- and I urge that Members support this play that role. Programs like Head ant to the rule, the gentleman from resolution. Start and after-school programs and Nevada (Mr. PORTER) and the gen- Madam Speaker, I reserve the bal- sports and cultural experiences heavily tleman from California (Mr. GEORGE ance of my time. influence children as well. MILLER) each will control 20 minutes. Mr. GEORGE MILLER of California. The character education programs The Chair recognizes the gentleman Madam Speaker, I yield myself such that this Congress has been funding in from Nevada (Mr. PORTER). time as I may consume. recent years have similarly made great GENERAL LEAVE Madam Speaker, I am very pleased contributions. Mr. PORTER. Madam Speaker, I ask that the House of Representatives One of the innovations enjoying unanimous consent that all Members today is considering my resolution to great popularity and success and which may have 5 legislative days within honor the outstanding program that is we honor today by the passage of this

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.002 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3413 resolution is Operation Respect. film and news broadcasts, young children in compasses all those strong points into one Through the diligent efforts of Peter our society—and adults, too—are assaulted by easy to use program. I’ve seen a difference in Yarrow and many educators, psycholo- messages and images of intolerance, brutality, my class even though we have only used it for gists and advocates that work with victimization and bias. Any reasonable person a few months. One of the biggest benefits is him, Operation Respect has conducted must be concerned about the impact of those the dialog that comes from using the program. over 230 workshops throughout the Na- values on these young people now and The kids love the CD and found the video to tion reaching over 18,000 educators in throughout their lives, and we are concerned be very powerful. Now that I have had a 27 States. Tens of thousands of copies that they be taught alternative values that help chance to use ‘‘Don’t Laugh At Me’’ and see of its professionally developed cur- us to build closer personal relationships and its benefits, I will be doing a presentation to riculum have been distributed to teach- stronger communities. our staff about it. I guess I sound like a com- ers in after-school programs and camp These concerns have great immediacy. Just mercial, but I honestly loves this program! operators and others who are similarly last week, there was yet another example of Today, we should add the United States committed to making a difference in terrible school violence. A study of school vio- House of Representatives to that list saluting the lives of these children. Teachers lence in California recently concluded that this great effort on behalf of America’s children love this program and have given it ‘‘alienated and disaffected young people are and America’s best values. their strong endorsement. And today escaping the attention of families, friends and Lastly, I would like to note that Steve we should add the United States House teachers until they explode.’’ Meanwhile, pro- Seskin, the composer of the song ‘‘Don’t of Representatives to that list saluting grams like boot camps, may enjoy public ap- Laugh At Me’’ which inspired Mr. Yarrow’s ef- this great effort on behalf of America’s proval but consume huge amounts of money forts, is a resident of my Congressional dis- children and America’s best values. and do not have a record of success. trict. Mr. Seskin is a very highly respected Lastly, I would like to note that Fortunately, there are efforts and institutions composer and recording artist, well known in Steve Seskin, the composer of the song that are effectively promoting positive values the folk and country venues, and in this case, ‘‘Don’t Laugh At Me,’’ which has in- of respect, tolerance, understanding and com- his music has helped to inspire a movement spired Mr. Yarrow’s efforts, is a resi- passion. Our churches and synagogues play that is having dramatic and beneficial effects dent of my congressional district. Mr. that role; programs like Head Start and after- on millions of young Americans. Seskin is a very highly respected com- school programs and sports and cultural expe- I appreciate the support of all Members for poser and recording artist as well in riences heavily influence children as well. The this Resolution today. the folk and country venues; and in character education programs that this Con- Madam Speaker, I reserve the bal- this case his music has helped to in- gress has been funding in recent years have ance of my time. spire a movement that is having dra- similarly made great contributions. Mr. PORTER. Madam Speaker, I matic and beneficial effects on millions One of the innovations that has enjoyed yield 5 minutes to the gentleman from of young Americans. And I appreciate great popularity and success, and which we California (Mr. CUNNINGHAM), a prior the support of all Members of this honor today by the passage of this resolution, member of our committee. House on the resolution. is Operation Respect. Through the diligent ef- Mr. CUNNINGHAM. Madam Speaker, Madam Speaker, I am very pleased that the forts of Peter Yarrow and many other edu- the gentleman from California (Mr. House of Representatives today is considering cators, psychologists and advocates who work GEORGE MILLER) and I quite often get my resolution to honor an outstanding pro- with him, Operation Respect has conducted in a rhubarb right here on the House gram that is working with school districts, 230 workshops throughout the nation, reach- floor on issues. This is one we agree on. camps, teachers and students across America ing over 18,000 educators in 27 states. Tens And I am a hawk. I am a conservative. to promote the health social and emotional de- of thousands of copies of its professionally-de- Well, maybe not a hawk, maybe a well- velopment of children. veloped curriculum have been distributed to armed dove; but I was asked to go to an I want to thank DUKE CUNNINGHAM for his teachers, after-school programs, camp opera- event and hear a man speak. And I co-sponsorship of this legislation and for his tors and others who are similarly committed to said, Who is speaking? And they said, own strong support for Operation respect. making a difference in the lives of these chil- Peter Yarrow. And I said, Who is Peter Congressman CUNNINGHAM was responsible dren. Yarrow? And they said, You know, for arranging for Peter Yarrow to visit the Re- As H. Res. 161 states, the ‘‘Don’t Laugh At Peter, Paul and Mary. And I said, I am publican Conference last year to talk about Me’’ program ‘‘increases mutual respect and not going to go listen to that anti-war, this program and sing a few songs, and that fellowship among hundreds of thousands of el- left-wing guy. And I went. And I want achievement deserves the recognition of the ementary school children, creating an environ- to tell Members something. Coming House as well. ment for students that improves focus on their from a conservative and a hawk, he is I also want to thank my other co-sponsors schoolwork and encourages social and emo- one of the nicest guys I have ever met for their support for this Resolution, and par- tional growth.’’ Evaluations of the program in my life. ticularly, Mr. OBEY for his strong support of have found overwhelming support for its mes- b 1430 character education programs and the Labor- sage among teachers, parents and students HHS appropriations bill in recent years. alike, as well as increased tolerance and a re- His heart is true. His politics are ter- Lastly, my thanks to Chairman JOHN duction in such negative behaviors such as rible. I would say extremely wrong. BOEHNER and his staff for their assistance in bullying. And I disagree with my colleague on having this Resolution placed before the Among professional educators and others, tax rates, as well as with Peter Yarrow. House expeditiously. Operation Respect has enjoyed similar popu- But I want to say this: Peter Yarrow is Most of us are already familiar with the larity. Operation Respect and the ‘‘Don’t doing this not for money but for the ‘‘Don’t Laugh At Me’’ program. Last year, its Laugh At Me’’ program has been recognized profound belief that there is a better founder and tireless advocate, Peter Yarrow of by the National Conference of State Legisla- way to reach out to children. the legendary trio Peter, Paul and Mary, spoke tures, the National Association of Elementary Maybe music does bring people to- to both the Republican Conference and the School Principals, the National Association of gether because I have another ‘‘left Democratic Caucus about the necessity for, Secondary School Principals, the American wing’’ friend in Steven Stills, as a mat- and the success of, this program. Association of School Administrators, the ter of fact, I think he was one of the Many of us have seen him as he has also Council of Great City Colleges and Education, heads of the DNC and yet we are still appeared before dozens of school boards, the National Education Association, the Coun- good friends. Aviation brought us to- teacher organizations, parent groups and oth- cil of Great City Schools, the American School gether and music brought us together ers throughout the nation promoting sound Counselors Association, the National School as well. emotional development and tolerance among Boards Association, the National Middle Madam Speaker, I want to read out children. School Association, and the American Federa- something. This is the song ‘‘Don’t We all are painfully aware of the images, tion of Teachers. Laugh at Me,’’ and I would like every language and experiences of children that as- Teachers love this program; here’s a rep- single Member, and Madam Speaker, sault their self-image, their attitudes towards resentative comments from a teacher in south- you too, to listen to this. others, and their sense of compassion and tol- western Virginia: Over the years I have used ‘‘I’m a little boy with glasses, the erance. From bullying in school yards to the many approaches and programs, all of which one they call a geek.’’ Remember that lyrics of many popular songs to violence in have good points. ‘‘Don’t Laugh At Me’’ en- in school? I do. ‘‘A little girl who never

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.011 H29PT1 H3414 CONGRESSIONAL RECORD — HOUSE April 29, 2003 smiles cuz I got braces on my teeth and this, when we disagree on so many vada and my colleague from California I know how it feels to cry myself to other issues, is in the spirit of this pro- for offering this resolution in support sleep. I am that kid on every play- gram. And as our great former Speak- of Operation Respect and the ‘‘Don’t ground, who’s always chosen last.’’ er, Tip O’Neill, used to say, you have to Laugh at Me’’ program. I feel so privi- That was me. ‘‘A single teenage mother be able to disagree around here and not leged to have not only heard the pres- trying to overcome her past. You don’t be disagreeable. I am working on that entation, the incredible voice, and the have to be my friend if it’s too much to talent, but I have not achieved it yet. power of Peter Yarrow, as the gen- ask. Don’t laugh at me, don’t call me But this is in that spirit. tleman from California (Mr. names, don’t get your pleasure from Madam Speaker, I yield such time as CUNNINGHAM) said, part of Peter, Paul my pain. In God’s eyes, we’re all the he may consume to the gentleman and Mary group, sing this, but the way same. Some day we’ll all have perfect from Texas (Mr. FROST). that it resonates in one’s heart when wings. Don’t laugh at me. (Mr. FROST asked and was given per- you hear it, and I am sure in the minds ‘‘I’m a cripple on a corner, you pass mission to revise and extend his re- of school children who welcome the me on the street. I wouldn’t be out marks.) words of tolerance and respect that are here begging if I had enough to eat. Mr. FROST. Madam Speaker, I thank in this song written by Steve Seskin. And don’t think I don’t notice that our the gentleman for yielding me this The program is to create the sound eyes never meet. I lost my wife and lit- time, and I am here today to express emotional development, the personal tle boy when someone crossed that yel- my support for House Resolution 161 growth, the physical safety of our chil- low line. The day we laid ’em in the honoring Peter Yarrow’s Operation Re- dren, to promote antibullying and com- ground was the day I lost my mind.’’ spect and ‘‘Don’t Laugh at Me’’ pro- passion and tolerance among children. And the song goes on and on, Madam grams. These important programs are The gentleman from California (Mr. designed to promote compassion and Speaker. Peter Yarrow’s idea is that CUNNINGHAM) began to read some of the maybe in Columbine, where one of the tolerance among children in after- lyrics that are in this song, and we can worst things we did was we took the school programs and summer camps. just picture that wonderful voice of I first met Peter Yarrow some years young men that knew about the young Peter Yarrow, so let me once again add ago and became better acquainted with man that went in and killed a bunch of a few more words in this song. him when I served as co-chair of the Bi- students was arrested, and they drove ‘‘Don’t laugh at me, don’t call me partisan Task Force on Youth Vio- him out further, but Peter Yarrow’s names, don’t get your pleasure from lence. And during the last Congress, idea is that we are all the same yet we my pain. In God’s eyes we’re all the when I was Chair of the Democratic are all different. same. Some day we’ll all have perfect Caucus, I arranged for Peter to appear I look at Gary Condit on this House wings. Don’t laugh at me. I’m fat, I’m before our caucus and make a presen- floor. Many of us tried to befriend Gary thin, I’m short, I’m tall, I’m deaf, I’m tation about his program, and it was an Condit. Think about how he must have blind. Hey aren’t we all. Don’t laugh at extraordinary presentation. felt. I think we need to think about One of the things our task force me. Don’t call me names. Don’t get those kinds of things as individuals heard from youth violence experts was your pleasure from my pain. In God’s when we see people that are outside. In the extremely harmful effect of bul- eyes we’re all the same. Some day we’ll our major military institutions, the lying and ridiculing among young peo- all have perfect wings. Don’t laugh at Naval Academy, the Air Force Acad- ple. The goals of these important pro- me.’’ emy, we will find each year that some- grams are aimed at making sure the In 2002, Operation Respect began one takes a dive off the top of a build- tragedies of Columbine never occur shifting its strategy from making pres- ing. They have found that in most again. They seek to build an environ- entations to a lot of these educational cases the individual has isolated them- ment of respect so that our children organizations to fostering systemic and selves away from the rest of his group. will grow to be kind to others and fos- sustainable implementation of its own Maybe in Columbine, instead of the ter positive social relationships programs as well as long-term com- young men that had been ostracized throughout their lives. prehensive character education and so- from their group, maybe if they had Several years ago, I witnessed first- cial and emotional learning by opening been brought back into the group, the hand the positive impact this program State affiliates around the country. suicides and things like Columbine can have. Peter Yarrow held a concert Now there are affiliates in California, maybe would not have happened. as a part of the ‘‘Don’t Laugh at Me’’ Colorado, Connecticut, Georgia, Illi- Madam Speaker, this is endorsed by summer program, a program that nois, where I am from, and Ohio. every major school institution we take served more than 2 million campers In Illinois, it is headed up by this a look at. When I went through POW that summer. As part of the event, wonderful woman, Flora LeZar, who training in Eglin Air Force Base, one of children came up on the stage to call was Executive Director of Operation the things they showed us was that if for greater compassion and respect and Respect. She is helping, and I am work- someone was going over to the other to declare their commitment to ending ing with them, to set up this program side, the enemy side, instead of chas- bullying and ridiculing. It was a power- in Illinois identifying supporters in and tising that person, you reach out to ful display, and I am so glad this reso- around Chicago. And we are now in dis- bring them in, to bring them into your lution is on the floor today. cussions with Columbia College’s Office group, to make them feel whole. That I commend the ‘‘Don’t Laugh at Me’’ of Community Arts Partnerships, as is what this program does. and Operation Respect programs. They well as an Evanston-based, that is my I want to thank my friend, the gen- are truly unique, and they make a dif- hometown, arts and education founda- tleman from California (Mr. GEORGE ference by encouraging greater toler- tion, the Shanti Foundation, to part- MILLER), and my Republican colleague ance among classmates while making ner in the implementation of ‘‘Don’t for supporting this, as well as the gen- the classroom environment more con- Laugh at Me’’ in several Chicago public tleman from Wisconsin (Mr. OBEY), ducive to learning and improving aca- schools. who is a good friend who knows Peter demic performance. That is why I urge I am looking forward to one of the Yarrow very well, and I ask my col- my colleagues to vote in favor of this schools in my district, an elementary leagues, Madam Speaker, to support resolution. school called Boone School, we are this. Let us honor a truly great program hoping that that school will have the This is about a program that I be- and the men and women who work so benefit of the don’t laugh at me pro- lieve in and that is going to help not hard to make a positive impact on our gram. only children, but adults all over the children’s lives. Finally, let me just say this. Our United States. Mr. GEORGE MILLER of California. world today is so marked by mistrust, Mr. GEORGE MILLER of California. Madam Speaker, I yield such time as where there is so much intolerance Madam Speaker, I yield myself such she may consume to the gentlewoman around the globe and here at home as time as I may consume to thank the from Illinois (Ms. SCHAKOWSKY). well; a failure to really understand gentleman for his remarks. The fact Ms. SCHAKOWSKY. Madam Speaker, each other’s cultures. In a country like that he and I are working together on I thank both the gentleman from Ne- the United States of America, which is

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.029 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3415 so wonderful because of its diversity, A motion to reconsider was laid on There was no objection. because we have so many people and the table. Mr. PORTER. Madam Speaker, I children with different values that f yield myself such time as I may con- come to our public schools, that is our sume. COMMENDING AND SUPPORTING strength. But we need to help develop EFFORTS OF STUDENTS IN FREE b 1445 an appreciation of that in our children. ENTERPRISE (SIFE) Madam Speaker, I rise in support of It prepares them to be adults and lead- H. Res. 107. This resolution recognizes ers in a world that embraces diversity, Mr. PORTER. Mr. Speaker, I move to the unique and important opportuni- that understands the differences among suspend the rules and agree to the reso- ties provided by the international orga- people and then can work to bring us lution (H. Res. 107) commending and nization Students in Free Enterprise. all together for a world of peace and supporting the efforts of Students in Free Enterprise (SIFE), the world’s Active on more than 1,400 college and harmony. university campuses and more than 33 So this is more than just a little pro- preeminent collegiate free enterprise countries, SIFE collegiate teams im- gram or one song, this is a philosophy organization, and its president, Alvin prove the quality of life and the stand- of education and really a philosophy Rohrs, as amended. ard of living around the world by about the way that all of us should live The Clerk read as follows: teaching the principles of market eco- H. RES. 107 our lives. So I congratulate Peter nomics, entrepreneurship, business Whereas the Nation knows the importance Yarrow and Operation Respect and the ethnics, and personal finance success. ‘‘Don’t Laugh at Me’’ program. I am of supporting free market thinking and the entrepreneurial spirit; Currently, there are over 15,000 stu- just happy to be able to support this dents involved with the SIFE chapter. resolution and to be part of advancing Whereas Students in Free Enterprise (SIFE) is the world’s preeminent collegiate Since 1975, SIFE college teams have this effort. free enterprise organization, and provides been invited to attend leadership train- Mr. GEORGE MILLER of California. leadership training, regional, national, and ing programs where they learn the Madam Speaker, I yield myself such international competitions, and career op- principles of free enterprise and de- time as I may consume to thank the portunity fairs for thousands of university velop leadership skills. Students return gentlewoman for her remarks, and to and college students; to their respective campuses where thank again the gentleman from Ohio Whereas SIFE provides university and col- they conduct free enterprise outreach (Mr. BOEHNER) for his help in getting lege students the best opportunity to make a difference and to develop leadership, team- projects in their communities. Ulti- this legislation to the floor; to the gen- mately, the SIFE experience works to tleman from California (Mr. work, and communication skills through learning, practicing, and teaching the prin- provide college and university students CUNNINGHAM) for his cosponsorship and ciples of free enterprise; with the opportunity to make a dif- his support for this program; to our Whereas SIFE is a force in promoting ference in their local communities and speakers this afternoon in support of international business awareness, through develop leadership, teamwork and com- this resolution; and the gentleman its operation in more than 33 countries of munication skills, skills that are im- from Nevada for taking time out to the world, including former Soviet republics portant to lifelong career success. bring this to the floor this afternoon and China; The postsecondary education experi- under suspensions. Whereas SIFE is active on more than 1,400 ence is enriched when students have Finally, I want to thank my very university and college campuses worldwide, involving students and faculties in chal- the opportunity to apply what they long-time dear friend, Peter Yarrow, lenging competitions; have learned in the classroom to the for all the time and the effort that he Whereas SIFE promotes the entrepre- world around them. SIFE chapters are has taken on behalf of the children of neurial spirit while reinforcing good business a means by which college students can this Nation to promote their healthy practice; expand their knowledge of the free en- development and their emotional sta- Whereas SIFE encourages teamwork and terprise system, compete in inter- bility. He has reached out to so many education through participation in learning national competitions, and work in people across this country and made projects and provides a competitive frame- their local communities. them aware of this effort, of this need work that prepares students for business; Our Nation is facing a time of eco- Whereas SIFE gives students a forum to on behalf of our children. It is a won- interact with potential employers, as well as nomic challenge. The growth and derful gift that he has given to the providing formal career fairs and informa- strength of the SIFE collegiate chap- children of this Nation, to the edu- tion; ters and the escalating interest in the cators of this Nation, to caregivers in Whereas SIFE depends upon the support entrepreneurial spirit and sound busi- all different settings for our children, and involvement of members of the faculty, ness practices encourage me. Recogni- and I just really want to thank him for whose advice and commitment are essential; tion is in order for the international that effort. I am honored to sponsor and organizations, Students in Free Enter- this legislation, and I want to thank Whereas SIFE benefits from the wider prise, their board, and the individual business community, which appreciates the House for giving us time to bring it SIFE’s importance in shaping business chapters. I am happy to join the gen- to their attention and I ask my col- thinking in free enterprise: Now, therefore, tleman from Arkansas (Mr. BOOZMAN) leagues to support it. be it in honoring these organizations for Madam Speaker, I yield back the bal- Resolved, That the House of Representa- their accomplishments. I urge my col- ance of my time. tives commends and supports the efforts of leagues to support this resolution. Mr. PORTER. Madam Speaker, I Students in Free Enterprise (SIFE), the Madam Speaker, I reserve the bal- have no further requests for time, and world’s preeminent collegiate free enterprise ance of my time. I yield back the balance of my time. organization. Mr. DAVIS of Illinois. Madam Speak- The SPEAKER pro tempore (Mrs. The SPEAKER pro tempore. Pursu- er, I yield myself such time as I may BIGGERT). The question is on the mo- ant to the rule, the gentleman from consume. tion offered by the gentleman from Ne- Nevada (Mr. PORTER) and the gen- Madam Speaker, I rise today to vada (Mr. PORTER) that the House sus- tleman from Illinois (Mr. DAVIS) each honor Students in Free Enterprise for pend the rules and agree to the resolu- will control 20 minutes. their dedication and outstanding work. tion, House Resolution 161, as amend- The Chair recognizes the gentleman SIFE provides leadership training, re- ed. from Nevada (Mr. PORTER). gional competitions, and opportunity The question was taken; and (two- GENERAL LEAVE fairs for thousands of college students. thirds having voted in favor thereof) Mr. PORTER. Madam Speaker, I ask Established in 1975, Students in Free the rules were suspended and the reso- unanimous consent that all Members Enterprise has rapidly grown to in- lution, as amended, was agreed to. may have 5 legislative days in which to clude more than 790 campuses nation- The title of the resolution was revise and extend their remarks on wide, and now includes participants amended so as to read: ‘‘Resolution House Resolution 107. from 35 countries. Throughout the recognizing the achievements of Oper- The SPEAKER pro tempore. Is there years and as the number of students ation Respect and the ‘Don’t Laugh At objection to the request of the gen- grew, the mission of SIFE has re- Me’ programs.’’. tleman from Nevada? mained the same: to provide college

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.014 H29PT1 H3416 CONGRESSIONAL RECORD — HOUSE April 29, 2003 and university students the best oppor- terprise system. Students in Free En- encourage my colleagues to vote their tunity to make a difference and to de- terprise has grown to become one of support of H. Res. 107. velop leadership, teamwork, and com- the largest university-based organiza- The aforementioned article is as fol- munication skills through learning, tions in the world. SIFE teams are ac- lows: practicing, and teaching the principles tive on more than 1,400 college and uni- [From the Wall Street Journal, Jan. 14, 2003] of free enterprise. versity campuses in 33 countries PROGRAM PUTS COLLEGE STUDENTS ON With the number of corporate scan- around the world. In my home State of BUSINESS-LEADERSHIP PATHS dals and the high levels of distrust that Arkansas, we have SIFE teams on 18 When Carole Clay Withers enrolled at Wal- is emanating from the business world university and college campuses. It is ters State Community College in Morris- today, SIFE gives a light of hope that wonderful to see the opportunities that town, TN, 15 years ago, she had never flown our business leaders of tomorrow will SIFE has provided to students across in an airplane or eaten in a restaurant with have a solid understanding of prin- Arkansas. tablecloths. The first member of her family ciples and values and bring them into Working together as a team and to go beyond high school, she wanted to see the business world. through the mentorship of faculty ad- more of the world than her native rural Ten- SIFE also encourages and dem- visers, SIFE students apply their class- nessee and had a vague dream of becoming a real-estate broker. onstrates to college students the im- room experiences to develop and imple- Then she found SIFE, or Students in Free portance of community outreach. Col- ment educational outreach programs Enterprise. When her economics professor lege students across the Nation partici- that teach individuals in their commu- talked up the nonprofit organization, based pate in such programs that encourage nities the principles of market econom- in Springfield, MO, as a place where she the understanding of the responsible ics, entrepreneurship, personal finan- could learn about business firsthand by use of debit and credit cards and events cial success, and business ethics. doing entrepreneurial projects with fellow that go into the local schools like Madam Speaker, I will insert into the students, ‘‘I flew down the hall to sign up,’’ says Ms. Withers. Teach A Child About Business Week. RECORD a copy of an article published Her five-person SIFE team taught business The Students in Free Enterprise by the Wall Street Journal on January concepts to elementary-school students by teams are learning important lessons 14, 2003, entitled ‘‘Program Puts Col- creating coloring books that showed how that will help them in their adult lives, lege Students on Business-Leadership crops planted in the region eventually were but it is more important that these Paths.’’ The article details a student marketed and sold world-wide. students and the SIFE teams are ex- who was the first in her family to go The team competed against other college tending their knowledge to their fami- beyond high school and entered college SIFE teams in regional and national con- lies, classmates, and neighbors. with a vague dream of being a real es- tests, where they were judged by corporate Madam Speaker, there are 25 colleges tate broker. While attending commu- executives. ‘‘When my team made it to the and universities in Illinois that partici- finals at the national championship in Kan- nity college, she found SIFE and went sas City, and I stood on the stage fielding pate and have SIFE teams. I am very on to compete against other SIFE questions from the judges, I felt my life had proud and very pleased that two of the teams on the regional and national changed,’’ says Ms. Withers. ‘‘I realized that 25 are institutions with whom I have level. This former student has finished if I could answer all the questions being close and deep roots. One of them is her bachelor’s degree and is now the posed by some of the country’s most power- Malcolm X College, where I have manager of the Washington, D.C. office ful executives, I had what I needed to become taught courses and where we hold of KPMG. an executive myself.’’ many of our town hall meetings and Thousands of success stories just like She completed her bachelor’s degree in ac- other community outreach activities; this one are associated with SIFE and counting and now is a manager at the Wash- ington, DC, office of KPMG. ‘‘If not for SIFE, and the other is Chicago State Univer- the efforts of their president, Alvin I would probably be working in a low-paid sity where I was privileged to earn a Rohrs. Mr. Rohrs is to be personally factory job,’’ she says. master’s degree and have been asked to commended. Alvin Rohrs has been SIFE is offering a lesson all good managers give their commencement address this SIFE’s president and chief executive should help to teach: that business is a part year on June 7. Both are outstanding officer since 1983. He successfully re- of the fabric of every community, that it is institutions, one in my congressional versed the organization’s fortunes by a skill that needs to be learned by everyone district and one not. seeking a diverse board of directors to to some degree in order to survive, and that So once again I would like to con- energize the organization. the smallest venture can have world-wide Rohrs was a SIFE chapter adviser at reach. gratulate Students in Free Enterprise SIFE has chapters at 797 colleges nation- for providing young people with the op- Southwest Baptist University in Mis- wide and more than 500 schools overseas, portunity to make a difference and pro- souri in 1983 when SIFE’s national providing opportunities for students who viding leadership training and inspir- board hired him to try to reverse the come from modest backgrounds and have lit- ing young people to do what is right in organization’s fortunes. tle exposure to big business. It has spread to both their personal and business lives. SIFE started with a bang in 1975, but elite campuses such as Notre Dame and Har- This is an excellent program. I com- lost its spark in the early 1980s as the vard in recent years, but its roots are in mend the gentleman from Arkansas U.S. economy faltered and SIFE’s smaller schools in the Midwest and South. backers, large industrial corporations, Yet its mission—igniting an early passion (Mr. BOOZMAN) for its introduction. for business innovation and leadership by Madam Speaker, I have no further re- cut their contributions. The roster of challenging students to launch projects in quests for time, and I yield back the SIFE schools had shrunk from 100 in their communities—is global in scope and so- balance of my time. 1981 to 18 two years later. To get the phisticated in its approach. ‘‘We encourage Mr. PORTER. Madam Speaker, I energy back, Rohrs sought influential students to take what they learn in an eco- yield 5 minutes to the gentleman from board members from half a dozen mem- nomics class and use it to show others how Arkansas (Mr. BOOZMAN). bers in 1983. SIFE’s Free Enterprise free enterprise can improve lives,’’ says Mr. BOOZMAN. Madam Speaker, I Dream Team, what most of us would Alvin Rohrs, president and chief executive of rise today in strong support of H. Res. call a board of directors, now numbers SIFE. Last year, five SIFE students from the 107, a resolution commending and sup- more than 200 strong. Their board is University of Ghana, in Accra, taught 20 vil- porting the efforts of Students in Free comprised of presidents and CEOs from lages in Kpomkpo how to make soap from lo- Enterprise, and I thank the gentleman a wide variety of corporations, includ- cally available coconut and palm oil. Pro- for bringing this resolution forward. ing Wal-Mart, Black & Decker, duction began after three weeks of training, Madam Speaker, I authored this reso- Valvoline, and American Greetings; with help from Ghana’s women’s ministry. lution with the strong support of the and neither Rohrs nor his board be- The initial trainees have since trained oth- gentleman from Missouri (Mr. BLUNT) lieves the organization is close to ers, launching a cottage industry. to recognize Students in Free Enter- reaching its potential. Founded 23 years ago, SIFE received much- prise, more commonly known as SIFE. Madam Speaker, I commend Mr. needed help from Wal-Mart founder Sam Walton and his then-chief operating officer, SIFE is a nonprofit organization start- Rohrs on his 20-year anniversary as Jack Shewmaker, in the mid-1980s. ‘‘It devel- ed in 1975, which seeks to instill in col- president of SIFE, and I recognize the oped just like Wal-Mart, in small towns that lege students a greater appreciation incredible organization that has made didn’t have a lot of other resources,’’ says for, and understanding of, the free en- a difference in the lives of millions. I Jack Kahl, former CEO of Cleveland-based

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.017 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3417 Henkel Consumer Adhesives and a longtime competitive ways to talk about and to are held accountable by their sponsors for SIFE board member. expand the concepts of free enterprise. improving student achievement and for their Over the past decade, SIFE has expanded This is an idea that is supported by financial and other administrative oper- rapidly and recruited almost 200 executives ations; to its board, currently headed by Thomas businesses around the globe. More than Whereas 39 States, the District of Colum- Coughlin, president and CEO of Wal-Mart. 185 top corporate executives sit on bia, and the Commonwealth of Puerto Rico Some other companies represented on the SIFE’s board of directors. That board have passed laws authorizing charter board are 3M, Black & Decker, Coca-Cola, is led by Alvin Rohrs, who has given 20 schools; AT&T, ConAgra, Nestle and Pfizer. Along years of his life toward growing this or- Whereas almost 2,700 charter schools are with judging regional, national and the ganization from literally a handful of now operating in 36 States, the District of international World Cup SIFE competitions, campus units in America to 1,400 uni- Columbia, and the Commonwealth of Puerto board members farm talent from SIFE versities in 33 different countries. Rico and serving nearly 700,000 students; Whereas the Congress has appropriated teams. Some 35 percent of management SIFE teams teach important con- trainees hired by Wal-Mart are SIFE alumni. nearly $1,000,000,000 for the costs of planning, RadioShack in another heavy recruiter. cepts through educational outreach startup, implementation, and information Luke Robinson, who last year earned an projects. They teach market econom- dissemination associated with charter M.B.A. from La Sierra University, Riverside, ics, entrepreneurship, personal and fi- schools since the initial authorization in 1994 Calif., says his experience as president of the nancial success, business ethics, and of the Federal charter school grant program school’s SIFE team from 2000 to 2002 altered benefit their community as they plan under the Elementary and Secondary Edu- his ambitions. ‘‘I went from being a back-of- for the future of their community. cation Act of 1965; fice, analytic accounting type to being quite Each year SIFE competitions are Whereas an additional $50,000,000 in Fed- at ease in front of large crowds and wanting eral appropriations has now been approved to a front-room leadership position,’’he says. held worldwide, drawing together thou- help address the facilities’ financing needs of His team, which won the World Cup cham- sands of students, all of whom are charter schools; pionship last year, launched more than a there to honor one concept, the con- Whereas charter schools can be vehicles for dozen projects, including a child-care busi- cept of free enterprise, the concept of improving student achievement for students ness course in Riverside that helped about capitalism, the concept that we have who attend them, for stimulating change and 200 welfare mothers establish day-care busi- such a great opportunity through SIFE improvement in all public schools, and for nesses; a campus cleaning business; a cow and many other ways to demonstrate benefiting all public school students; bank in Karandi, India, which purchased 20 Whereas charter schools must meet the milking cows for families to help start a in the world today. I am pleased to join student achievement accountability require- small dairy business; and a llama bank in the gentleman from Arkansas (Mr. ments included by the No Child Left Behind Peru. BOOZMAN) as he encourages our col- Act of 2001 in the Elementary and Secondary ‘‘As a student you’re often discounted as leagues to adopt this resolution hon- Education Act of 1965 in the same manner as wet behind the ears, but in SIFE we came up oring Students in Free Enterprise. other public schools, and often set higher with ideas and showed they could work,’’ Mr. PORTER. Madam Speaker, I and additional individual goals, to ensure says Mr. Robinson, a grants manager for La have no further requests for time, and that they are of high quality and truly ac- Sierra’s business school and a consultant to I yield back the balance of my time. countable to the public; Whereas charter schools give parents new small businesses in the area. ‘‘In SIFE, I got The SPEAKER pro tempore (Mrs. project-management experience that lots of freedom to choose their public school, char- people don’t get until they’ve been working BIGGERT). The question is on the mo- ter schools routinely measure parental satis- for 5 or 10 years. And most beneficial of all, tion offered by the gentleman from Ne- faction levels, and charter schools must I learned how to talk to people and interact vada (Mr. PORTER) that the House sus- prove their ongoing and increasing success with them.’’ pend the rules and agree to the resolu- to parents, policymakers, and their commu- Mr. PORTER. Madam Speaker, I tion, H. Res. 107, as amended. nities; Whereas nearly 70 percent of charter yield 5 minutes to the gentleman from The question was taken; and (two- thirds having voted in favor thereof) schools report having a waiting list, and the Missouri (Mr. BLUNT). total number of students on all such waiting Mr. BLUNT. Madam Speaker, I thank the rules were suspended and the reso- lists is enough to fill another 1,000 average- the gentleman for yielding me this lution, as amended, was agreed to. sized charter schools; time. The title of the resolution was Whereas students in charter schools na- I am pleased to be here with the gen- amended so as to read: ‘‘Resolution tionwide have demographic characteristics tleman from Arkansas (Mr. BOOZMAN) commending and supporting the efforts similar to students in all public schools; to recognize this important institu- of Students in Free Enterprise (SIFE), Whereas charter schools in many States tion. Free enterprise and what free en- the world’s preeminent collegiate free serve significant numbers of students from enterprise organization.’’. families with lower incomes, minority stu- terprise means to the world is best dents, and students with disabilities, and, in learned at the earliest possible time, A motion to reconsider was laid on a majority of charter schools, almost one- and that is exactly what Students in the table. half of the students are considered at-risk or Free Enterprise does. It is located in f are former dropouts; Whereas the fourth annual National Char- my district in Springfield, Missouri, CONGRATULATING CHARTER but is truly all over the world. There ter Schools Week is being celebrated from SCHOOLS ACROSS THE UNITED April 28, 2003, to May 2, 2003, and is an event are over 1,400 chapters in 33 different STATES FOR THEIR ONGOING countries; and in many of those coun- sponsored by charter schools and grassroots CONTRIBUTIONS TO EDUCATION charter school organizations across the tries, the SIFE chapter, the Students United States to recognize the significant in Free Enterprise chapter, becomes Mr. PORTER. Madam Speaker, I move to suspend the rules and agree to impacts, achievements, and innovations of the first time the door is really opened the Nation’s charter schools; and in the lives of many students to the the resolution (H. Res. 204) congratu- Whereas charter schools have enjoyed whole idea of free enterprise, the whole lating charter schools across the broad bipartisan support from the Adminis- idea of a competitive system and indi- United States, and the students, par- tration, the Congress, State Governors, viduals who are able to move forward ents, teachers, and administrators of State legislatures, educators, and parents largely based on their own capacity such schools, for their ongoing con- across the United States: Now, therefore, be it and their own talents. tributions to education, and for other purposes. Resolved, Thatl SIFE offers students the opportuni- (1) the House of Representatives acknowl- ties to develop leadership, to develop The Clerk read as follows: edges and commends the charter school teamwork, to develop communication H. RES. 204 movement, charter schools across the United skills through learning, practicing, Whereas charter schools across the United States, and the students, parents, teachers, through teaching principles of free en- States deliver high-quality education and and administrators of such schools, for their terprise that are valuable in improving challenge students to reach their potential; ongoing contributions to education and to the standard of living for millions of Whereas charter schools are public schools improving and strengthening the public authorized by a designated public entity to school system of the United States; people in the world. respond to the needs of communities, fami- (2) the House of Representatives supports SIFE chapters compete against each lies, and students and to promote the prin- the fourth annual National Charter Schools other in national and now even inter- ciples of quality, choice, and innovation; Week; and national competitions to see which Whereas, in exchange for the flexibility (3) it is the sense of the House of Rep- chapters can come up with the most and autonomy given to charter schools, they resentatives that the President should issue

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.010 H29PT1 H3418 CONGRESSIONAL RECORD — HOUSE April 29, 2003 a proclamation calling on the people of the schools are held accountable by their schools and special interest schools. United States to conduct appropriate pro- sponsors for improving student The magnet school movement has led grams, ceremonies, and activities to dem- achievement and for their financial to the charter school movement, and onstrate support for charter schools during and other operations. Charter schools the difference that we see, however, is this week-long celebration in communities in governance and in meeting numer- throughout the United States. respond to the needs of America’s com- munities, families and students, while ous guidelines. The SPEAKER pro tempore. Pursu- promoting the principles of quality, In 1992, California was the second ant to the rule, the gentleman from choice, and innovation. Charter schools State to adopt provisions that allowed Nevada (Mr. PORTER) and the gentle- must meet the same No Child Left Be- school districts to authorize charter woman from California (Mrs. DAVIS) hind student achievement account- schools. San Diego Unified School Dis- each will control 20 minutes. ability requirements as other public trict has been a strong supporter of The Chair recognizes the gentleman schools, and often set even higher these developing schools. Some 14 have from Nevada (Mr. PORTER). standards in additional individual been approved with varied missions. GENERAL LEAVE goals to ensure that they are high Important to the success of these char- Mr. PORTER. Madam Speaker, I ask quality and truly accountable to the ter schools are a number of factors. unanimous consent that all Members public. High among them is parent involve- may have 5 legislative days within Charter schools can be vehicles for ment, a clear philosophy of education which to revise and extend their re- improving student achievement for that seeks to meet the State and local marks on H. Res. 204. students who attend them, for stimu- standards. A committed core of well- The SPEAKER pro tempore. Is there lating change and improvement in all qualified teachers and above all also objection to the request of the gen- public schools, and for benefiting all community support from a board of di- tleman from Nevada? public school students. These schools rectors, the expertise of retired edu- There was no objection. give parents new freedom to choose cators, health professionals, financial experts. All of them have been involved Mr. PORTER. Madam Speaker, I their public school. Nearly 70 percent in many of our charter schools. What yield myself such time as I may con- of charter schools report having a wait- we also find as so important is that sume. ing list, and the total number of stu- those charter schools feed back to I rise today in support of H. Res. 204. dents on all such waiting lists is other schools the most successful inno- This resolution honors the Nation’s enough to fill another 1,000 average- charter schools, their students, par- vations that they have begun. size charter schools. Students in char- One unique charter school that I ents, teachers, and administrators for ter schools nationwide have similar de- would like to share today is that of the their outstanding education of our mographic characteristics as students Preuss School in San Diego. It was es- children. This week, from April 28 in all public schools and serve signifi- tablished in the fall of 1999 on the cam- through May 2, charter school organi- cant numbers of students from families pus of the University of California San zations are honoring the schools for with lower income, minority students, Diego. Its mission, to provide an inten- their ongoing contributions to edu- and students with disability. In the sive college preparatory curriculum to cation. majority of charter schools almost half low-income student populations and to b 1500 the students are considered at risk or improve educational practices, grade 6 are former dropouts. Charter schools through 12. Its goal of which they are I am pleased to honor the 13 charter have enjoyed broad bipartisan support schools in Nevada that serve nearly meeting and beginning to really show from the administration, the Congress, very, very strong record, is to graduate 3,000 students. The legislation I co-au- State governors and legislators, edu- thored was passed in the State of Ne- students competitively eligible to cators, and parents across our Nation. enter the University of California and vada in 1997 and was revised in 1999, Through this resolution, Congress lending teachers more room for cre- other selective institutions. They will today acknowledges and commends the have their first graduating class in 2004 ativity and the ability to offer and ex- charter school movement and charter tend school days as well as the school and 2005, and we look forward to that. schools, students, teachers and parents I wanted to share a little bit about year. This Friday I will have the oppor- across the Nation for their ongoing the student body and how the students tunity to showcase one of them: The contributions to education and improv- come together for that program. All Andre Agassi College Preparatory ing and strengthening the Nation’s the students come from low-income Academy located in Las Vegas, Nevada. public school system. families. None who enter may have had The Academy’s curriculum focuses on The fourth annual National Charter a parent or guardian who graduated technology and college preparation School Week is held this week April 28 from a 4-year college. Race in this while introducing cultural activities to May 2, 2003. It recognizes the signifi- school is certainly not a factor in ad- and expanded involvement in commu- cant impacts, achievements and inno- missions. It is true only 13 percent are nity affairs. Currently the Andre vations of the Nation’s charter schools. Caucasian, and the Hispanic student Agassi College Preparatory Academy I urge my colleagues to support this population is about 54 percent. instructs grades 3 through 5 and will resolution. One of the obstacles often in charter add one grade level per year through to Mr. Speaker, I reserve the balance of schools is traveling to the campus. All grade 12. I commend the school and my time. the students who go there must find principal Wayne Tanaka, as well as the Mrs. DAVIS of California. Mr. Speak- their way there, and for some it is a other charter schools in the State of er, I yield myself such time as I may very long distance. The student body Nevada for recognizing the immense consume. president who travels from Imperial need for improved education and their I rise in support of this resolution. I Beach takes the trolly to San Diego commitment to improving student want to thank the gentleman from Ne- and transfers to a school bus; it takes achievement for students who attend vada (Mr. PORTER) for introducing him about an hour and a half to travel these schools. House Resolution 204. each way, a route ordinarily that The Nation’s charter schools deliver We all know that parent choice is im- would take about 25 minutes. high-quality education and challenge portant. It is important within the The results are quite astounding. students to reach their potential. Thir- public school systems of our country, Students rank number one in the coun- ty-nine States, the District of Colum- and I have long supported, and my chil- ty for their pass rate on the language bia, and the Commonwealth of Puerto dren attended, magnet schools that re- arts section of the High School Exit Rico have passed laws authorizing sulted as a part from the integration Exam in 2001 and 2002. 100 percent of charter schools. Now almost 2,700 char- decisions of the 1970’s. We have many the students at this school have passed ter schools serve nearly 700,000 stu- successful examples, and from my a language arts exam, and 91 percent dents in 36 States, the District of Co- home district of San Diego, Gompers are in the math portion. The academic lumbia, and the Commonwealth of Secondary School of Science and Math, performance index of ten out of ten in Puerto Rico. In exchange for flexibility and the School of Creative and Per- 2000 and 2001 ranks the highest pos- and autonomy, these public charter forming Arts are examples of standout sible. Over 112 students passed the

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.003 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3419 Golden State exam in Spanish as sec- which the Congress has been working in the District of Columbia, with ond-year students. Awards in the and working very well in the last sev- bright T-shirts and slick literature, to science fair, robotics, essays, and scho- eral years. pass out literature for vouchers in the lastic competitions abound. Actually, the first Federal charter District of Columbia. Why here? Why So how did all this happen? It hap- school bill was passed for the District not go to Maryland and Virginia, where pened from the dedication of the prin- of Columbia. It was passed on a home they do not even have charter schools? cipal and the staff. It happened from a rule basis at a time when the District We are no trophy. We may be a ma- group of extraordinarily hard-working was in financial trouble. Speaker Ging- jority black school system, we may be students that found that sometimes rich was here at the time. He recog- the Nation’s Capital, but we do not when they separate from their own nized that the District had strongly op- need to be anybody’s guinea pig for communities that they find a commu- posed vouchers, and instead of trying their experiments. The people of the nity of students who care, as they do, to impose it on us, as he had the power District of Columbia have voted with about receiving a high-quality edu- to do, he worked with me, with the their feet. They have sent their chil- cation. They have supportive parents, task force. We called in school board dren to our charter schools, and I chal- obviously because these students have members, people from the community, lenge any Member of this body to have worked hard to get to the school, who and designed the first charter school anything like the number of charter value the education that perhaps they bill, and I am here to report on how schools per capita that we have. did not have; and university support, well that bill has done for the District The administration, which has said it the support of student mentors and of Columbia. will not impose vouchers on anyone, is professors who assist with courses and We have got 40 charter schools. Imag- trying to give the District some money projects, and an administration that ine one city having 40 charter schools. it already has coming to it to entice us provides the circumstances for success. Twenty percent of its children are al- to in fact accept vouchers. We cannot It also has community financial sup- most in charter schools’ waiting lists. do that without a majority vote of our port. University Regent Peter Preuss We are told in the gentleman’s bill that council; and I can tell you one thing, and others enabled a wonderful school 70 percent of the charter schools have you are not going to get that. that would be built on the UCSD cam- waiting lists. The District is a large Every other district under the Presi- pus because they believed that being on part of that, I fear. Actually, too many dent’s bill may choose whether or not a university campus such as UCSD of our children are in substandard or the money goes to private or public would enable all the students who par- overcrowded facilities because they schools. This is America, after all. ticipate and help out in that school to have rushed to take advantage of these That is the way it always has been. But have easy access to it. We all know, as charter school facilities so quickly. I they are trying to impose vouchers on I mentioned, that transportation is a am going to a press conference on the District of Columbia, despite its necessity for all these low-income stu- Thursday at the Thurgood Marshall stellar record in producing charter dents, and they are working hard to as- Charter School in our poorest ward, schools. sure that in the future. Ward 8, located in the Congress Heights Indeed, before the Leave No Child Be- The challenges for most charters are United Methodist Church. They have hind Act was ever a figment in any- providing appropriate school buildings, added a grade each year. They are just body’s imagination, the District for and we know that that is appropriate popping out of their facilities and need years and years, and I am a native to a well-rounded education. When the resources to get into more facili- Washingtonian, has allowed people to they have easier transportation, per- ties. Actually, I appreciate that this transfer out of their districts in order haps the charter would be a true choice House and the Senate appropriated 20 to get away from bad schools. for many of the families. They work to million extra dollars for the District as Actually, I have something in com- maintain the parent and community a reward for expanding so rapidly be- mon with my Republican voucher support and also to have the support of cause they did not want these children friends: I believe it is untenable to the district administrations because we in substandard facilities and wanted to leave a child in a neighborhood school know that school districts and school make room for the children on the that is not educating that child. But I district boards must nurture these al- waiting list. believe that child must be in publicly ternatives and help them address them Compare what the District has done accountable schools; and that is why when they run into difficulties and to Maryland. Our former colleague, the District has stepped up to the even work to disband them when they now Governor Ehrlich, was able to get plate, not simply against vouchers, but fail. But above all they need to be en- one lousy charter school bill out and it with a real alternative for our children. gaged and they are engaged in sharing is very toothless. He is very dis- And the least efficient way to spend their successes. appointed with it. In Virginia, they the little bit of money in the Presi- Mr. Speaker, we, in fact, are a di- have no charter schools. dent’s budget, it is $9 million, is to give verse people, and our children learn in But, Mr. Speaker, no good deed goes it in $3,000 tranches to a very few kids, diverse and different styles. Parents unpunished. Despite the fact that the as opposed to helping us expand our value the opportunity to focus the kind District of Columbia has set the pace charter schools, helping us get more of of education that will help their child for charter schools in this country, a our kids out of the facilities that are grow. Public school charters offer the member of this body, the gentleman sub-standard, helping us do repairs for kind of choice that will enrich our chil- from Arizona (Mr. FLAKE) who comes the facilities in which they find them- dren’s educational growth, and we may from as far as away from the District selves. be able to learn a lot from them about of Columbia as one can get, elected by There is one education pot, my how children succeed. nobody in the District of Columbia, has friends; and that is why in the States Mr. Speaker, I reserve the balance of authored a bill to impose vouchers on that have had voucher referenda, and my time. the District of Columbia, although this half of the States in the United States Mr. PORTER. Mr. Speaker, I reserve town as long as 20 years ago voted 90 to have, how come not one has won? Not the balance of my time. 10 against vouchers. The gentleman one has won because everybody knows Mrs. DAVIS of California. Mr. Speak- from Arizona (Mr. FLAKE) needs a les- where that money is going to come er, I yield such time as she may con- son in federalism and democracy and from, out of that one pot; and they sume to the gentlewoman from the Dis- equality. How many charter school dis- want to make sure that their public trict of Columbia (Ms. NORTON). tricts are there in his Arizona School schools get every thin dime that the Ms. NORTON. Mr. Speaker, I thank District? Federal Government gives, and that is the gentlewoman for yielding me this exactly what we in the District of Co- time. I am impressed with what she b 1515 lumbia are going to insist upon. had to tell us about the school in her In the District of Columbia we have a The Leave No Child Behind bill is district. I want to thank the gentleman virtual alternative school system, and hideously underfunded, and the testing from Nevada (Mr. PORTER) for intro- yet we have got at our bus stops now regime will mean that there are going ducing this bill. This is an area in national voucher people paying people to be massive dropouts in districts like

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.023 H29PT1 H3420 CONGRESSIONAL RECORD — HOUSE April 29, 2003 my own. Yet we want to give this are trying to meet, and I ask Members currently allowed by state law have succeeded money away. You might want to do to support me in the work that my dis- despite institutional opposition in bringing into that in some other districts, but you trict is doing to meet the very spirit education whole communities, often those are certainly letting those districts encompassed in this bill today. whose participation has been lacking. They, choose. We are going to insist that we Mr. PORTER. Mr. Speaker, I reserve like their counterparts across the nation, de- be treated like the first-class Ameri- the balance of my time. serve our recognition. cans we are. Mrs. DAVIS of California. Mr. Speak- But for these very reasons, they also de- The hypocrisy of it all, of trying to er, I yield myself such time as I may serve their fair share of resources from federal impose vouchers on the District, is consume. and state governments. I have a particular that the Leave No Child Behind bill in Mr. Speaker, I want to just make one charter school in my district that illustrates this committee had an amendment for or two brief points again. What we are point perfectly. vouchers for the Nation, defeated in talking about here is parent choice, Kanu o ka‘ Aina New Century Public Char- committee. Then they tried on the and we know that parent choice is ter School (KANU) is located in the town of floor, defeated on the floor. We are in critically important within the public Kamuela on my home Island of Hawai‘i. It has the minority, so we could not have de- school system. I applaud my colleague 150 students, 85 percent of which are Native feated it. Republicans defeated it, be- from the District of Columbia, because Hawaiian. It is Hawai‘i’s first indigenous K–12 cause they know that vouchers are not she knows her district well and she public charter schools. The level of commit- wanted in their districts, and they knows that the parents have come for- ment to this school from the community is know it because they have not been ward and said that we have some good awe-inspiring. able to pass a single referendum any- ideas about what will benefit our chil- But it also faces major challenges. The where in the United States of America. dren and we want to work with the ex- school’s director says that KANU’s biggest So they come to the defenseless Dis- perts; we want to work with people challenge is funding equity and school con- trict of Columbia. from our community who are willing to struction funds. For the fiscal years 2001– Mr. Speaker, we are going to fight come together and define and build on 2002 school year, KANU received $3,492.87 back, especially since we have got an an idea that we have about how chil- less per student than other public schools. alternative school system that none of dren succeed in school. Because KANU has to make due with fewer the rest of you could even stand up be- I applaud that, and I applaud the fact funds, it cannot save money on the side for side us on. that there are so many charter schools construction of new buildings to accommodate Charter schools are a bipartisan way within her district. I hope that my col- its growing population. KANU needs both fed- to approach this matter, and we are leagues will have an opportunity to eral and state resources for construction fund- going to insist that we be a part of the visit, and I hope to do that very soon. ing, but it is finding these resources scarce bipartisan consensus. We are going to I know there is a charter school today and, when found, hard to access. especially insist upon it every time you that was celebrating its civic education KANU and Hawai‘i’s other charter schools, try to impose anything on us, because program. They have young people there both existing and future, need their federal District residents are in Iraq as I who are really learning what we hope government to be clear and unequivocal in its speak, as they have been in every war all children throughout this country continued support for the concept of charter fought in the United States since the will learn, their responsibility as citi- schools. They also need full parity in funding Revolutionary War; and we just paid zens. They are learning that, and they between traditional public schools and charter our Federal income taxes at the rate of are learning that to a degree that prob- schools. H. Res. 204 is welcome and needed, second-per-capita in the United States. ably is not seen in many of our schools but these great words must be partnered with And I will be darned if anybody is throughout the country, and that oc- action. Mr. PORTER. Mr. Speaker, I have no going to treat us unequally in the face curs in a charter school. further requests for time, and I yield of our meeting our first-class obliga- Mr. Speaker, I applaud my colleagues back the balance of my time. tions to our country and to the Federal today. I thank them for bringing this The SPEAKER pro tempore (Mr. Government. resolution forward, for congratulating BOOZMAN). The question is on the mo- We play by the rules. We are not re- charter schools within our public tion offered by the gentleman from Ne- questing to be treated as second-class school system. vada (Mr. PORTER) that the House sus- citizens. The rules of the Congress say Mr. Speaker, I yield back the balance pend the rules and agree to the resolu- if you want the money to go to charter of my time. tion, H. Res. 204. schools, it will go to charter schools. If Mr. PORTER. Mr. Speaker, I yield The question was taken. you want the money to go to private myself such time as I may consume. The SPEAKER pro tempore. In the schools, it will go to private schools. If Mr. Speaker, I also would like to ap- opinion of the Chair, two-thirds of you want the money to go to alter- plaud this bipartisan effort in recog- those present have voted in the affirm- native public schools, it will go to al- nizing those moms and dads and profes- ative. ternative public schools. There is no sionals across this country for their ef- Mr. PORTER. Mr. Speaker, on that I way in the world to have that as a prin- forts in making sure that every child demand the yeas and nays. cipal position for every district in the has a great education, to commend our The yeas and nays were ordered. United States and not for the 600,000 staff and all of the Members who have The SPEAKER pro tempore. Pursu- people who live in the Nation’s Capital. cosponsored it, and the majority leader ant to clause 8 of rule XX and the Mr. Speaker, I ask Members to re- for scheduling this today. Chair’s prior announcement, further member to capture the bipartisan spir- Mr. CASE. Mr. Speaker, I rise in strong sup- proceedings on this motion will be it of this bill, to remember that the port of H. Res. 204, which congratulates and postponed. District of Columbia deserves your encourages the charter school movement f compliments for being ahead of all of throughout our country in its continued efforts the rest of you in producing alternative to educate our children and serve our commu- CONGRATULATING UNITED schools for our children, and not the nities. STATES CAPITOL POLICE ON punishment of the imposition, Charter schools are a modern-day public 175TH ANNIVERSARY undemocratically, of your solution on education story. This is because they foster Mr. LINDER. Mr. Speaker, I move to a district that you do not represent and the key ingredient in successful schools: the suspend the rules and agree to the con- which cannot vote you in or out. active participation not only of teachers and current resolution (H. Con. Res. 156) ex- This bill in one of its paragraphs students, but of whole communities. When the tending congratulations to the United says: ‘‘Whereas, charter schools can be entire community—from parents, to business States Capitol Police on the occasion vehicles for improving student achieve- and community organizations, to whole neigh- of its 175th anniversary and expressing ment for students who attend them, for borhoods—has a critical role in making gratitude to the men and women of the stimulating change and improvement schools function, the results are amazing. United States Capitol Police and their in all public schools and for benefiting In my state of Hawai‘i, charter schools have families for their devotion to duty and all public school students.’’ That is the been the most exciting development in public service in safeguarding the freedoms of spirit of the bill, that is the spirit we education in decades. The 25 charter schools the American people.

VerDate Jan 31 2003 03:52 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.031 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3421 The Clerk read as follows: telligence, Emergency Preparedness, the Capitol, protecting the Members H. CON. RES. 156 Civil Disturbance, Criminal Investiga- this body, the staffs, and the many Whereas the United States Capitol Police tion, Threat Assessment, Dignitary tourists who come here on a regular traces its origins to 1801, when Congress Protection, Physical Security, Elec- basis. It was not lost on any Member of moved from Philadelphia to Washington, tronic Countermeasures, Technical Se- Congress that during the events of Sep- D.C., and a lone watchman, John Golding, curity, Hazardous Devices, and the tember 11 that it was the men and had the responsibility of guarding the Cap- Containment and Emergency Response women who wear the uniform who were itol facility and its functions; Team, as well as a skilled administra- our first responders. The fact of the Whereas the United States Capitol Police tive staff. matter is that the Capitol Police are has grown from these humble beginnings to a first rate highly professionalized, equipped, We all know, however, that freedom our first responders and have per- and trained operation which provides vital has its sacrifices, and the U.S. Capitol formed extraordinarily well over their services in the areas of law enforcement, pro- Police have certainly paid its share of 175-year career. this price. We remember that as the tective and security services, and emergency b 1530 preparedness, with nearly 1,700 sworn and first line of defense for the Nation’s non-sworn employees; Capital, the United States Capitol Po- Again, I just would like to echo the Whereas the United States Capitol Police lice Force has endured the tragic words of my esteemed colleague, the has developed specialized and expert units, deaths of Sergeant Christopher Eney in gentleman from Georgia (Mr. LINDER), including K-9, Intelligence, Emergency Pre- in saluting the men and women of the paredness, Civil Disturbance, Criminal Inves- 1984, Private First Class Jacob J. Chestnut, and Detective John Michael Capitol Police who have done an ex- tigation, Threat Assessment, Dignitary Pro- traordinary job on all of our behalves. tection, Physical Security, Technical Secu- Gibson, both of whom were killed in rity, Electronic Countermeasures, Hazardous 1998. All of these men were slain in the Mr. Speaker, I yield back the balance Devices, and the Containment and Emer- line of duty. of my time. gency Response Team, as well as a skilled Mr. Speaker, every day these brave GENERAL LEAVE and professionalized administrative support men and women put their lives on the Mr. LINDER. Mr. Speaker, I ask function; line to protect us and this institution; unanimous consent that all Members Whereas the United States Capitol Police, and while these dangers are an unfortu- may have 5 legislative days within as the first line of the defense of the Nation’s which to revise and extend their re- Capitol, has shared in the ultimate sacrifice nate reality of their jobs, I would like in law enforcement with the tragic deaths in for them to know that their efforts do marks and include extraneous material the line of duty of Sergeant Christopher not go unnoticed; nor are they forgot- on the subject of this concurrent reso- Eney, Private First Class Jacob J. Chestnut, ten. lution. and Detective John Michael Gibson; Today, however, we stand here not The SPEAKER pro tempore. Is there Whereas the United States Capitol Police only to recognize the sacrifice of the objection to the request of the gen- continues to be in the forefront of protecting U.S. Capitol Police, but also to cele- tleman from Georgia? the core elements of our democratic process brate the efforts of the thousands of There was no objection. with selfless dedication and commitment; men and women who have served with Mr. NEY. Mr. Speaker, when Congress and moved from Philadelphia to Washington, DC Whereas the United States Capitol Police this organization. As such, on behalf of was officially established in 1828 and is cele- the United States Congress, I would in 1801, a lone watchman by the name of brating its 175th anniversary in 2003: Now, again like to extend a heartfelt thanks John Golding had the responsibility of guard- therefore, be it and congratulations to the men and ing the Capitol facility and its functions. In Resolved by the House of Representatives (the women of the United States Capitol 1828, the United States Capitol Police was of- Senate concurring), That Congress and the Police, past and present, for their 175 ficially established to safeguard the freedoms American people extend heartfelt congratu- years of courage, strength and commit- of the American people, and to protect the Na- lations to the United States Capitol Police tion’s Capitol and the United States Congress. on the occasion of its 175th anniversary, and ment to serve and protect the people of express the sincerest gratitude to the men this country. Now, 175 years later, and despite an ever- and women of the United States Capitol Po- Mr. Speaker, I reserve the balance of changing environment, these core functions of lice and their families, and in particular the my time. the United States Capitol Police are still the Eney, Chestnut, and Gibson families, for Mr. LARSON of Connecticut. Mr. defining tenets of its mission. Today, on behalf their devotion to duty and service in safe- Speaker, I yield myself such time as I of the United States Congress and the Amer- guarding the freedoms of the American peo- may consume. ican people, I am very pleased to extend ple. Mr. Speaker, I rise to associate my- heartfelt thanks and congratulations to the The SPEAKER pro tempore. Pursu- self with the remarks of the gentleman United States Capitol Police on its 175th anni- ant to the rule, the gentleman from from Georgia. versary. Georgia (Mr. LINDER) and the gen- Mr. Speaker, the operative clause of From its humble beginnings until today, the tleman from Connecticut (Mr. LARSON) this resolution says simply that ‘‘Con- Capitol Police has remained true to its mis- each will control 20 minutes. gress and the American people extend sion, and has grown to meet new challenges The Chair recognizes the gentleman heartfelt congratulations to the United and responsibilities. It has developed special- from Georgia (Mr. LINDER). States Capitol Police on the occasion ized and expert units, and these specialized Mr. LINDER. Mr. Speaker, I yield its 175th anniversary, and express the units are complemented by a skilled and pro- myself such time as I may consume. sincerest gratitude to the men and fessional administrative support staff. The Mr. Speaker, today I rise to express women of the United States Capitol challenges of the new century have shown the the gratitude of the United States Con- Police and their families, and in par- United States Capitol Police to be dedicated, gress to its men, women, and families ticular,’’ as the gentleman from Geor- selfless, and highly flexible. The Capitol Police of the United States Capitol Police as gia mentioned, ‘‘the Eney, Chestnut force, which now numbers over 1,700 sworn they celebrate its 175th anniversary. and Gibson families, for their devotion and civilian personnel, is a highly professional- The selfless dedication of the United to duty and service in safeguarding the ized force essential to the protection of the States Capitol Police and their com- freedoms of the American people.’’ core elements of our democratic process. mitment to safeguarding not only us It is hard to imagine that in the The history of the United States Capitol Po- but the freedoms of the American peo- vaunted history of the Capitol Police, lice has not been without sacrifice. After the ple do not go unappreciated. that we went from a single watchman terrorist attacks of September 11th, 2001, the Officially established in 1828 under in 1801 to the force that we now have Capitol Police were asked to work incredible the direction of President John Quincy today; from the perils of the War of hours in defense of the Capitol, visitors, staff, Adams, the U.S. Capitol Police has 1812 to the perils of the war against and members, often working 12 hour shifts for grown from its humble beginnings into terror. The men and women who wear six days a week. Sadly, the sacrifices of the a first-rate, highly-professional force of the uniform here in the Capitol have Capitol Police have not been without tragedy. over 1,700 officers and employees. served us extraordinarily well. As the first line of defense of the Nation’s Over the course of its existence, U.S. I want to rise and commend the ef- Capitol, Sergeant Christopher Eney, Private Capitol Police has developed a number forts of Chief Gainer and what they First Class Jacob J. Chestnut, and Detective of specialized units, including K–9, In- have been able to accomplish here in John Michael Gibson each made the ultimate

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\K29AP7.025 H29PT1 H3422 CONGRESSIONAL RECORD — HOUSE April 29, 2003 sacrifice, tragically dying in the line of duty. Whereas 38 Lexington Minutemen boldly As these people gathered, one of the This dedication to the safety and well being of stood before 600–800 British troops who had places they gathered was Concord others exemplifies the commitment of the gathered at Lexington Green; Bridge. Colonel Prescott was there Whereas Captain Parker of the Lexington with these patriots. And as the Red men, women, and families of the United Minutemen commanded his men, ‘‘Don’t fire States Capitol Police. unless you are fired on; but if they want a Coats advanced he said, ‘‘Don’t fire un- On the occasion of its 175th anniversary, war, let it begin here.’’; less fired upon. But if we must have the United States Congress and the American Whereas when the British continued onto war, let it begin here.’’ people express the sincerest gratitude to the Concord, a battle ensued at the Old North And then shortly thereafter was the men and women of the United States Capitol Bridge, where Minutemen from every Mid- shot that has been described as having Police and their families for their devotion to dlesex village and town routed the British been heard round the world, as these duty and service in safeguarding the freedoms and forced them into retreat back to Boston; patriots stood their ground against the of the American people. Whereas Ralph Waldo Emerson immor- oncoming British professional infantry Mr. LINDER. Mr. Speaker, I yield talized this moment in American history as and refused to yield and refused to where ‘‘the embattled farmers stood and back up. As a result of their having back the balance of my time. fired the shot heard ’round the world.’’; The SPEAKER pro tempore (Mr. Whereas the United States has recognized taken that stand, the Revolutionary BOOZMAN). The question is on the mo- the historic significance of the Nation’s War went forward and ultimately, this tion offered by the gentleman from original patriots with the creation in 1959 of band of patriots that gathered on that Georgia (Mr. LINDER) that the House the Minute Man National Historical Park, day at Lexington and Concord were suspend the rules and agree to the con- located in Concord, Lincoln, and Lexington, really the impetus that drove the colo- current resolution, H. Con. Res. 156. Massachusetts, to preserve and protect the nialists to move forward, and ulti- The question was taken. numerous significant historic sites, struc- mately to create the freedom that we The SPEAKER pro tempore. In the tures, properties, and landscapes associated know in this country today. opinion of the Chair, two-thirds of with the opening battles of the American Seven years later, the Revolutionary Revolution, and to help visitors understand War was over. The surrender had taken those present have voted in the affirm- and interpret the colonial struggle for their ative. rights and freedoms; and place, but the important thing is that Mr. LINDER. Mr. Speaker, on that I Whereas the heroic acts of April 19, 1775, these people, Colonel Prescott, Paul demand the yeas and nays. are celebrated in Massachusetts and Maine Revere, William Dawes and the others, The yeas and nays were ordered. every year as part of Patriots’ Day with a re- many of whom we do not even know The SPEAKER pro tempore. Pursu- enactment of Paul Revere’s famous ride, bat- their names, were individuals who had ant to clause 8 of rule XX and the tle reenactments and educational programs, drawn the line in the sand and deter- Chair’s prior announcement, further parades, and civic activities, and remem- mined that never again would they proceedings on this motion will be bered by Americans across the United yield to those kinds of forces and tyr- States: Now, therefore, be it postponed. Resolved by the House of Representatives (the anny. f Senate concurring), That Congress— What is the point of this resolution? The point of this resolution is that EXPRESSING SUPPORT FOR THE (1) expresses support for the annual cele- bration of Patriots’ Day; today, in today’s world, we have a re- CELEBRATION OF PATRIOTS’ (2) recognizes the extraordinary dedication sponsibility to continue to be reminded DAY AND HONORING THE NA- to freedom demonstrated by the Nation’s about these kinds of patriots. Even TION’S FIRST PATRIOTS first patriots during the earliest days of the today, in the Nation of Iraq, we have Mr. JANKLOW. Mr. Speaker, I move Battle for Independence in April 1775; and patriots from this country policing the to suspend the rules and agree to the (3) honors those first patriots who lost streets of that country, assisting the their lives in defense of liberty and freedom. concurrent resolution (H. Con. Res. 149) individuals in Iraq to move forward to- expressing support for the celebration The SPEAKER pro tempore. Pursu- wards a more democratic future. of Patriot’s Day and honoring the Na- ant to the rule, the gentleman from The important thing that we all have tion’s first patriots, as amended. South Dakota (Mr. JANKLOW) and the to recognize is just as those patriots The Clerk read as follows: gentleman from Illinois (Mr. DAVIS) back in 1775, these individuals today H. CON. RES. 149 each will control 20 minutes. are also volunteers. They are volun- The Chair recognizes the gentleman Whereas on the evening of April 18, 1775, teers in our active Armed Forces and Paul Revere was sent for by Dr. Joseph War- from South Dakota (Mr. JANKLOW). they are volunteers from our Reserves ren and instructed to ride to Lexington, Mas- GENERAL LEAVE and our National Guard, and men and sachusetts, to warn Samuel Adams and John Mr. JANKLOW. Mr. Speaker, I ask women from our various branches. Hancock that British troops were marching unanimous consent that all Members So I would like to thank the gen- to arrest them; may have 5 legislative days within tleman from Massachusetts (Mr. MAR- Whereas after leaving Charlestown on his which to revise and extend their re- KEY) for having brought this to our at- way to Lexington, Paul Revere alerted the marks on H. Con. Res. 149. tention that we should focus on this. inhabitants of the villages and towns along The SPEAKER pro tempore. Is there his route, stopping in Medford (formerly The gentleman from Massachusetts has Mystic) at the home of Isaac Hall, the cap- objection to the request of the gen- done a service to all of us, and I ask my tain of the Medford Minutemen during the tleman from South Dakota? colleagues to unanimously consent to Revolutionary War, before continuing on There was no objection. the passage of this resolution com- through Arlington (formerly Menotomy) and Mr. JANKLOW. Mr. Speaker, I yield memorating April 19 as Patriots’ Day arriving in Lexington around midnight; myself such time as I may consume. and every year forward on that par- Whereas William Dawes and a third rider, Mr. Speaker, House concurrent reso- ticular day. Dr. Samuel Prescott, joined Paul Revere on lution 149 introduced by my distin- Mr. Speaker, I reserve the balance of his mission and they proceeded together on guished colleague, the gentleman from my time. horseback to Lincoln; Massachusetts (Mr. MARKEY), expresses Mr. DAVIS of Illinois. Mr. Speaker, I Whereas while en route they encountered a the support of this Congress for Patri- British patrol that arrested Paul Revere, but yield myself such time as I may con- William Dawes and Samuel Prescott man- ots’ Day and honors this Nation’s first sume. aged to escape and continued on to Concord patriots. Mr. Speaker, as the ranking member where weapons and supplies were hidden; April 19, 1775 was an incredibly of the Committee on Government Re- Whereas the midnight ride of Paul Revere unique day in the world. In Lexington, form’s Special Panel on Postal Reform was brilliantly and forever commemorated Massachusetts and in Concord, Massa- and Oversight, I join my colleague in by the great American poet Henry Wads- chusetts, we had individuals who had the consideration of H. Con. Res. 149, worth Longfellow in his 1861 poem ‘‘Paul Re- gathered, patriots, none of them paid, legislation introduced by my good vere’s Ride’’; none of them in any organized sense, friend and colleague, the gentleman Whereas the actions taken by Paul Revere, but they gathered together in Lex- William Dawes, and Samuel Prescott af- from Massachusetts (Mr. MARKEY), on forded the Minutemen time to assemble to ington and Concord, having made a de- April 10, 2003. confront the advancing British troops and termination that they would no longer H. Con. Res. 149 is a concurrent reso- were heralded as one of the first great acts of yield to the tyranny and the oppression lution expressing support for the cele- patriotism of our nation; that they perceived from their masters. bration of Patriots’ Day and honoring

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.027 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3423 the Nation’s first patriots. The meas- day as a holiday. But it also means a reading of ‘‘Paul Revere’s Ride,’’ al- ure expresses support for the annual lot to our country, because it was a though I will not read it in its entirety. celebration of Patriots’ Day and recog- shining moment in the history of the His voice is something that I think nizes the extraordinary dedication to United States, because it was the be- does greater justice to the poem than I freedom demonstrated by the Nation’s ginning of the most enduring, free, and could possibly hope to attempt, but I first patriots during the early days of democratic experiment in the world. will very briefly just remind people of the Battle for Independence in April of These were, after all, Minutemen, peo- that great poem. 1775. Finally, it honors those first pa- ple who left their homes to fight an b 1545 triots who lost their lives in defense of enemy from abroad, much like our liberty and freedom. H. Con. Res. 149 Army reservists, our National Guards- Listen my children and you shall hear has the support and cosponsorship of men are doing right now. These are the Of the midnight ride of Paul Revere, On the 18th of April, in seventy-five; the entire Massachusetts delegation. original Minutemen, the original Hardly a man is now alive The dictionary defines patriot as ‘‘a guards, the original militia that fought Who remembers that famous day and year. person who vigorously supports their to protect our country. He said to his friend, ‘‘If the British march country and is prepared to defend it.’’ On April 19 in 1775, the American By land or sea from the town to-night, It is only fitting and proper that we colonists in Lexington, in Concord, in Hang a lantern aloft in the belfry arch join with the gentleman from Massa- Medford, in Arlington, in Lincoln, and Of the North Church tower as a signal chusetts (Mr. MARKEY) and the Massa- in ‘‘every Middlesex village and town light,— chusetts congressional delegation and rose’’ up to claim their inherent right One if by land, two if by sea; And I on the opposite shore will be, the Senate in honoring the men who al- to govern themselves, free of the Ready to ride and spread the alarm lowed the Minutemen to assemble and whims of the English king. Through every Middlesex village and farm, confront the advancing British troops. While this day is already celebrated For the country folk to be up and to arm. The actions of those men, Paul Revere, as a State holiday in both the Com- So through the night rode Paul Re- William Dawes and Samuel Prescott, monwealth of Massachusetts and in the vere, and so through the night went his were the first great acts of patriotism State of Maine, and the national sig- cry of alarm to every Middlesex village of our Nation. nificance of the events surrounding the and farm; a cry of defiance and not of Who could ever forget the midnight ‘‘shot heard ’round the world’’ is un- fear; a voice in the darkness, a knock ride of Paul Revere when he rode questioned, the recent establishment of at the door, and a word that will echo through the streets warning, ‘‘The a national day of remembrance on Sep- forevermore. British are coming.’’ His famous ride tember 11 as ‘‘Patriot Day’’ has under- For born on the night wind of the through the countryside was duly and standably confused some Americans re- past, through all of our history to the forever celebrated by the American garding ‘‘Patriots’ Day’’ in April. last, in the hour of darkness, in peril poet, Henry Wadsworth Longfellow, in Today’s resolution helps remind ev- and need, the people will wake and lis- his poem entitled Paul Revere’s Ride. I eryone that while we now observe a ten to hear hurrying hoofbeats of that remember even as a small child learn- solemn moment in our country’s his- steed and the midnight message of ing that poem: tory every September 11 in honor of Paul Revere. ‘‘Listen, my children, and you shall the victims of that terrorist attack, This was the beginning of our coun- hear of the midnight ride of Paul Re- the freedoms which we cherish had try, and it is appropriately commemo- vere, on the 18th of April in ’75; hardly their origins more than 2 centuries rated both by the celebration of Patri- a man is now alive who remembers ago. And the legacy of those fateful ots’ Day and by this resolution today. that famous day and year.’’ spring days in April of 1775 define the I thank the gentleman from Illinois The passage of H. Con. Res. 149 will core of our American character. (Mr. DAVIS) for his work, and I thank ensure that we will continue to honor The words are etched into the brains the gentleman from South Dakota (Mr. and recognize the first patriots. We of every American school child and JANKLOW) once again for his eloquent will also long remember and never for- they resonate still: words on this subject. get the lists of patriots who have given ‘‘One if by land, 2 if by sea! Listen, I include for the RECORD the poems their lives in the defense of our coun- my children, and you shall hear of the ‘‘Paul Revere’s Ride’’ by Henry Wads- try. Every day, Mr. Speaker, men and midnight ride of Paul Revere. Here worth Longfellow, and ‘‘Concord women honor the definition of a pa- once the embattled farmers stood and Hymn’’ by Ralph Waldo Emerson. triot by bravely answering the call to fired the shot heard ’round the world.’’ The poems referred to are as follows: support and defend the United States It is the foundational poetry of a free PAUL REVERE’S RIDE of America. We owe them a great deal people, the remembrance of our roots, (By Henry Wadsworth Longfellow) of gratitude and, like the resolution be- and it is the inspiration for the annual Listen my children and you shall hear fore us, we owe it to their actions to proclamation of Patriots’ Day, both in Of the midnight ride of Paul Revere, forever preserve and protect the his- Massachusetts and Maine, and similar On the eighteenth of April, in Seventy-five; toric sites so that others will never for- observances in many other States as Hardly a man is now alive get the struggle for freedom. the schools, historical societies and Who remembers that famous day and year. I commend my colleague, the gen- other organizations devoted to the liv- He said to his friend, ‘‘If the British march tleman from Massachusetts (Mr. MAR- ing memory of American milestones By land or sea from the town to-night, KEY) for introducing this measure, and make a special effort to relearn the les- Hang a lantern aloft in the belfry arch I urge its swift adoption. sons of the past as a guide to an uncer- Of the North Church tower as a signal light,— Mr. Speaker, it is my pleasure to tain future. One if by land, and two if by sea; yield such time as he may consume to So today, we ask the House of Rep- And I on the opposite shore will be, the gentleman from Massachusetts resentatives to unite in celebration of Ready to ride and spread the alarm (Mr. MARKEY), the author of this reso- Patriots’ Day, a day of soaring signifi- Through every Middlesex village and farm, lution. cance not just to our own free people, For the country folk to be up and to arm.’’ Mr. MARKEY. Mr. Speaker, I thank but to people everywhere who aspire to Then he said ‘‘Good-night!’’ and with muffled the gentleman from Illinois and the a system of government that respects oar gentleman from South Dakota for their the rights and the liberties of all of its Silently rowed to the Charlestown shore, support for this resolution. The entire citizens. Just as the moon rose over the bay, Massachusetts delegation appreciates Mr. Speaker, I will include for the Where swinging wide at her moorings lay The Somerset, British man-of-war; the recognition which these couple of RECORD at the conclusion of my re- A phantom ship, with each mast and spar days have played in the history of our marks the poem ‘‘Paul Revere’s Ride’’ Across the moon like a prison bar, country, and over in the Senate, Sen- by Henry Wadsworth Longfellow and And a huge black hulk, that was magnified ator KENNEDY was able to pass the ‘‘The Concord Hymn’’ by Ralph Waldo By its own reflection in the tide. identical resolution, because it does Emerson. First, I would just carry on a Meanwhile, his friend through alley and mean a lot to Massachusetts and to little bit further than the gentleman street Maine, as both States celebrate this from Illinois (Mr. DAVIS) did with his Wanders and watches, with eager ears,

VerDate Jan 31 2003 03:52 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.035 H29PT1 H3424 CONGRESSIONAL RECORD — HOUSE April 29, 2003 Till in the silence around him he hears When he came to the bridge in Concord town. Mr. DAVIS of Illinois. Mr. Speaker, I The muster of men at the barrack door, He heard the bleating of the flock, yield such time as he may consume to The sound of arms, and the tramp of feet, And the twitter of birds among the trees, the gentleman from American Samoa And the measured tread of the grenadiers, And felt the breath of the morning breeze (Mr. FALEOMAVAEGA), a place far from Marching down to their boats on the shore. Blowing over the meadow brown. Massachusetts, which is an indication And one was safe and asleep in his bed Then he climbed the tower of the Old North of how much this country has grown, Church, Who at the bridge would be first to fall, By the wooden stars, with stealthy tread, Who that day would be lying dead, expanded, and developed. To the belfry chamber overhead, Pierced by a British musket ball. (Mr. FALEOMAVAEGA asked and And startled the pigeons from their perch You know the rest. In the books you have was given permission to revise and ex- On the sombre rafters, that round him made read tend his remarks.) Masses and moving shapes of shade,— How the British Regulars fired and fled,— Mr. FALEOMAVAEGA. Mr. Speaker, By the trembling ladder, steep and tall, How the farmers gave them ball for ball, I do want to offer my commendation to To the highest window in the wall, From behind each fence and farmyard wall, the gentleman from South Dakota (Mr. Where he paused to listen and look down Chasing the redcoats down the lane, JANKLOW) and my dear and good friend A moment on the roofs of the town Then crossing the fields to emerge again and colleague, the gentleman from And the moonlight flowing over all. Under the trees at the turn of the road, Massachusetts (Mr. MARKEY), for bring- Beneath, in the churchyard, lay the dead, And only pausing to fire and load. ing this important resolution here for In their night encampment on the hill, So through the night rode Paul Revere; consideration by this body. Wrapped in silence so deep and still And so through the night went his cry of I could not help but reminisce, Mr. That he could hear, like a sentinel’s tread, alarm The watchful night-wind, as it went Speaker, in listening to my dear friend, To every Middlesex village and farm,— the gentleman from Massachusetts Creeping along from tent to tent, A cry of defiance, and not of fear, (Mr. MARKEY), reciting this famous And seeming to whisper, ‘‘All is well!’’ A voice in the darkness, a knock at the door, A moment only he feels the spell And a word that shall echo for evermore! poem by the great writer, Longfellow. I Of the place and the hour, and the secret For, borne on the night-wind of the Past, reminisced that in my youth in this dread Through all our history, to the last, little high school in Hawaii where I Of the lonely belfry and the dead; In the hour of darkness and peril and need, was raised, Kahuku High School, we For suddenly all his thoughts are bent The people will waken and listen to hear were literally required to memorize the On a shadowy something far away, The hurrying hoof-beats of that steed, whole poem by this great American Where the river widens to meet the bay,— And the midnight message of Paul Revere. A line of black that bends and floats writer Longfellow. If I could just say basically, On the rising tide like a bridge of boats. CONCORD HYMN Listen my children Meanwhile, impatient to mount and ride, (By Ralph Waldo Emerson) Booted and spurred, with a heavy stride And you shall hear By the rude bridge that arched the flood, Of the midnight ride of Paul Revere On the opposite shore walked Paul Revere. Their flag to April’s breeze unfurled, Now he patted his horse’s side, On the 18th of April in ’75. Here once the embattled farmers stood, Now he gazed at the landscape far and near, Hardly a man is now alive And fired the shot heard ’round the world. Then, impetuous, stamped the earth, Who remembers that famous day and year. And turned and tightened his saddle girth; The foe long since in silence slept, One if by land, two if by sea, But mostly he watched with eager search Alike the Conqueror silent sleeps, And I on the opposite shore shall be, The belfry tower of the Old North Church, And Time the ruined bridge has swept Ready to ride, to spread the alarm As it rose above the graves on the hill, Down the dark stream which seaward creeps. To every Middlesex village and farm. . . . Lonely and spectral and sombre and still. On this green bank, by this soft stream, Yes, that was the declaration, and I And lo! as he looks, on the belfry’s height We set to-day a votive stone, am sorry, I have forgotten the other A glimmer, and then a gleam of light! That memory may their deed redeem, verses. He springs to the saddle, the bridle he turns, When like our sires our sons are gone. I think the gentleman from South But lingers and gazes, till full on his sight Spirit! who made those freemen dare Dakota (Mr. JANKLOW) could not have A second lamp in the belfry burns. To die, or leave their children free, said it better. What better, more fit- A hurry of hoofs in a village street, Bid time and nature gently spare ting occasion for our congressional A shape in the moonlight, a bulk in the dark, The shaft we raise to them and Thee. leadership, both in the Senate and in And beneath, from the pebbles, in passing, a Mr. JANKLOW. Mr. Speaker, I yield the House. spark myself such time as I may consume. Struck out by a steed flying fearless and The great State of Massachusetts, Once again, I urge my colleagues to one of the great founding States of this fleet; support this resolution. April 18, 1775: That was all! And yet, through the gloom great Nation of ours, what a tremen- and the light, patriotism, sacrifice, and vol- dous asset to our Nation. We think of The fate of a nation was riding that night; unteerism, three of the basic principles Harvard University, we think of Ralph And the spark struck out by that steed, in that help create this country; things so Waldo Emerson. his flight, important that a short time later they I remember what Mr. Emerson said, Kindled the land into flame with its heat. wrote in a document that there were something that was a lesson to me as a He has left the village and mounted the self-evident truths: life, liberty, and youth, and maybe this is something we steep, the pursuit of happiness. They wrote in could also learn: ‘‘The years teach And beneath him, tranquil and broad and that same document that all men and deep, much which the days never know.’’ I Is the Mystic, meeting the ocean tides; women were created equal, something bring this to the attention of my col- And under the alders that skirt its edge, this country has struggled to bring to leagues, Mr. Speaker, because I think Now soft on the sand, now loud on the ledge, reality, but something this country it is important. Is heard the tramp of his steed as he rides. fulfills as a mission every single day. We talk about honoring Patriots’ It was twelve by the village clock So in the spirit of how this country Day. As a Vietnam veteran, I think of When he crossed the bridge into Medford was founded, sacrifice, patriotism, vol- all those who have made tremendous town. unteerism, the Minutemen were indi- sacrifices, and the ultimate sacrifice. He heard the crowing of the cock, viduals willing to die and pledge their As I have said previously to my col- And the barking of the farmer’s dog, lives, their fortunes, and their sacred leagues in this Chamber, we can always And felt the damp of the river fog, honor for things that are more impor- rebuild airplanes. We can make bullets, That rises after the sun goes down. tant than wealth or notoriety or pub- and if they are destroyed we can do it It was one by the village clock, licity. That is the kind of tribute that again. But when a person sacrifices his When he galloped into Lexington. we ought to continue to remind our- He saw the gilded weathercock life to maintain our freedoms, that is Swim in the moonlight as he passed, selves is our responsibility as Ameri- the ultimate sacrifice. And the meeting-house windows, black and cans. I think it is most fitting as we dis- bare, So, Mr. Speaker, I congratulate the cuss this issue of Patriots’ Day, as we Gaze at him with a spectral glare, gentleman from Massachusetts (Mr. recall what happened on September 11, As if they already stood aghast MARKEY) for authoring this. I would as we recall what happened in the situ- At the bloody work they would look upon. urge all my colleagues to please sup- ation that we are now in, and our un- It was two by the village clock, port this resolution. fortunate situation in the Vietnam

VerDate Jan 31 2003 03:52 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.019 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3425 War, the Korean War, the two world of the Revolutionary War and the birth of our for H. Con. Res. 149—a resolution expressing wars, I do not need to recite to my col- nation. support for the annual celebration of Patriots’ leagues what happens and what it We need to do more to bring national rec- Day and honoring the Nation’s first patriots. As means to be a patriot in this great Na- ognition to this celebration of the brave men Massachusetts citizens, every April we are for- tion of ours. and women who sacrificed so much on the tunate to celebrate Patriots’ Day in honor of Yes, it is not a perfect country. If we battlefield to help our nation achieve inde- the heroic battles of Lexington and Concord say that the greatest blessing of this pendence. It is important that we honor all of which were fought on April 19, 1775. Nation is based on its diversity, people our first patriots and we should help many I am proud to represent Concord where Pa- from all different walks of life, from all more Americans learn as much as possible triots’ Day is celebrated on the actual day, different ethnicities and nationalities, about the birth of our nation and the hard- April 19. Each year on Patriots’ Day troops of that the United States truly is a mi- fought struggle that accompanied it. ‘‘Minutemen’’ assemble in Concord and the crocosm of the whole world in itself, That is why Congress should do more to neighboring towns to stage a mock battle with and we are here because we believe in preserve our precious heritage and to cele- a troop of ‘‘Redcoats.’’ The historic events the principle that nobody is above the brate not just the events and battles that start- along Battle Road marked the beginning of a law. This Nation is founded upon laws ed the Revolutionary War, but all of the major struggle for Massachusetts residents to retain and not men. battles that shaped the outcome of this historic their rights. The subsequent national war for How I appreciate the gentleman re- conflict with has changed the ensuring course independence and self-government would last minding me, my good friend, the gen- of human history. another eight years. The Resolution on the tleman from Illinois (Mr. DAVIS), of We should certainly celebrate Paul Revere’s floor today supports the many different ways how great this country is to all of us. midnight ride and the Battles of Lexington and citizens throughout Massachusetts and other Concord as the crucial opening salvos in our I am sure our colleague, the gentleman states commemorate this important day in our national struggle for independence. At the from Rhode Island (Mr. KENNEDY), nation’s early history and I urge its passage. would have said the same thing. same time, we should also recognize that the Mr. DAVIS of Illinois. Mr. Speaker, I Whether it be the Kennedys, the Mar- Revolutionary War spanned six years and yield back the balance of my time. keys, the Faleomavaegas, what a beau- claimed the lives of nearly 4500 Americans, Mr. JANKLOW. Mr. Speaker, I yield tiful Nation in the diversity it stands demonstrating not only the cost of liberty but back the balance of my time. for. also the willingness of colonial patriots to The SPEAKER pro tempore (Mr. make the ultimate sacrifice to secure our free- Yes, we have problems. Some have BOOZMAN). The question is on the mo- dom. asked what America means to me as a tion offered by the gentleman from In particular, I want my colleagues to know patriot. With all my own imperfections South Dakota (Mr. JANKLOW) that the that New Jersey was of critical importance and weaknesses, I would say that what House suspend the rules and agree to I recall was said on the steps of the during the American Revolution due to its stra- tegic location between the British armies the concurrent resolution, H. Con. Res. Lincoln Memorial in the summer of headquarters in New York City and the Conti- 149, as amended. 1963 by an African American and a min- nental Congress sitting in the City of Philadel- The question was taken. ister by the name of Martin Luther phia. General George Washington spent al- The SPEAKER pro tempore. In the King, Junior, it could not have been most half of the period of the American Revo- opinion of the Chair, two-thirds of said better what America is all about lution personally commanding troops of the those present have voted in the affirm- as patriots. That is, he had a dream. Continential Army in New Jersey, including ative. The dream is that one day his children two severe winter encampments at Morris- Mr. JANKLOW. Mr. Speaker, on that will be judged not by the color of their town. I demand the yeas and nays. skin but by their character. I think The early turning point in the war played out The yeas and nays were ordered. that is the essence of what America is across multiple battlefields in and around my The SPEAKER pro tempore. Pursu- about. This is what Patriots’ Day is congressional district in Central New Jersey. It ant to clause 8 of rule XX and the about. Thank God we live in a country was during ten fateful days of the American Chair’s prior announcement, further that is free, that allows us to pursue Revolution between December 25, 1776 and proceedings on this motion will be our own sense of happiness, whatever January 3, 1777 that General Washington re- postponed. that might be. crossed the Delaware River and won crucial f Again, I thank my good friend, the battles at Trenton and Princeton, after having RECOGNIZING ACHIEVEMENTS AND gentleman from Massachusetts (Mr. retreated from New York City to Pennsylvania MARKEY), for his eloquence and for CONTRIBUTIONS OF NATIONAL at the risk of near total defeat. WILDLIFE REFUGE SYSTEM ON bringing this resolution to the floor. I New Jersey’s critical role in America’s fight thank my good friend, the gentleman CENTENNIAL ANNIVERSARY AND for independence is part of our national story EXPRESSING STRONG SUPPORT from South Dakota, for doing likewise. and thus should be preserved for all Ameri- FOR ITS CONTINUED SUCCESS Mr. DAVIS of Illinois. Mr. Speaker, I cans. This is why Congressman Frelinghuysen yield myself such time as I may con- and I have introduced the Crossroads of the Mr. RENZI. Mr. Speaker, I move to sume. American Revolution National Historical Herit- suspend the rules and agree to the reso- Mr. Speaker, I want to commend age Act of 2003 (H.R. 524). Our bill would es- lution (H. Res. 173) recognizing the again the gentleman from Massachu- tablish a national heritage area to preserve, achievements and contributions of the setts (Mr. MARKEY) for providing the promote, and connect central New Jersey’s National Wildlife Refuge System on opportunity for this moment. I believe extraordinary Revolutionary War battlefield the occasion of its centennial anniver- that it is moments like this on the sites through a greenway and interpretive pro- sary and expressing strong support for floor of this House that speak to the grams for all Americans to enjoy. We hope the continued success of the National greatness of this Nation and how con- this much-needed, bipartisan legislation can Wildlife Refuge System. nected we are and how similar are our be enacted during the 108th Congress to pro- The Clerk read as follows: experiences. It does not matter wheth- tect these hallowed grounds and educate fu- H. RES. 173 er one grew up in South Dakota, in ture generations about the struggle to create Whereas the National Wildlife Refuge Sys- Massachusetts, in American Samoa, or this great nation. tem, operated by the United States Fish and even in a little town in Arkansas, as I I wholeheartedly support the resolution be- Wildlife Service, marked its centennial anni- did, but there was a level of connected- fore us and hope for an ever-widening cele- versary on March 14, 2003; ness. bration of Patriots’ Day all across America, not Whereas President Theodore Roosevelt Mr. HOLT. Mr. Speaker, I thank my col- just in Massachusetts and Maine. In the same stated in 1903 that ‘‘Wild beasts and birds are leagues for introducing this resolution (H. Con. spirit, I urge our bipartisan leadership and all by right not the property merely of the peo- Res. 149) and I applaud Congress for sup- of my colleagues to support prompt and favor- ple who are alive today, but the property of unknown generations, whose belongings we porting the annual celebration of Patriots’ Day. able legislative action to create the Cross- have no right to squander.’’; Every year the states of Maine and Massa- roads of the American Revolution National Whereas the vision of conserving wildlife chusetts celebrate the events of April 19th, Heritage Area. embraced by President Roosevelt was begun 1775, when the first American patriots stood Mr. MEEHAN. Mr. Speaker, I rise to honor with the plants and animals located on Peli- up to British troops, leading to the beginning Patriots’ Day and express my strong support can Island off the East Coast of Florida, and

VerDate Jan 31 2003 03:52 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.037 H29PT1 H3426 CONGRESSIONAL RECORD — HOUSE April 29, 2003 has since flourished across the United States I urge a yea vote on House Resolu- RENZI) for yielding me time, a good and its territories and possessions, allowing tion 173, and I compliment the authors friend who has made a tremendous dif- for the preservation of an overwhelmingly of this resolution. ference in this body in a very short pe- vast array of flora and fauna; Mr. Speaker, I reserve the balance of riod of time; and my friend and col- Whereas the National Wildlife Refuge Sys- my time. tem is composed of 540 refuges encompassing league from American Samoa (Mr. nearly 95 million acres, hosts 35 million visi- Mr. FALEOMAVAEGA. Mr. Speaker, FALEOMAVAEGA); and our fellow author tors annually, and benefits from the selfless I yield myself such time as I may con- of this bill, the gentleman from Ari- efforts of 30,000 volunteers; and sume. zona (Mr. BOYD). Truly, conservation in Whereas the National Wildlife Refuge Sys- (Mr. FALEOMAVAEGA asked and the movement and the commitment to tem has established refuges in every State in was given permission to revise and ex- public access for hunting and other the United States, many of which are reach- tend his remarks.) outdoor activities is a bipartisan effort able within an hour’s drive of almost every Mr. FALEOMAVAEGA. Mr. Speaker, and something all of us are committed major city: Now, therefore, be it I commend the gentleman from Ari- to. Resolved, That the House of Representa- zona (Mr. RENZI) for his management of tives— Mr. Speaker, on March 14, 2003, the this piece of legislation. I also com- National Wildlife Refuge System cele- (1) recognizes the achievements and con- mend the gentleman from Florida (Mr. tributions of the National Wildlife Refuge brated its centennial anniversary. A System on the occasion of its centennial an- PUTNAM) for his sponsorship of this hundred years ago, President Theodore niversary; proposed resolution. Roosevelt established the first refuge, (2) expresses strong support for the contin- Mr. Speaker, as stated by the pre- the Pelican Island Bird Reservation in ued success of the National Wildlife Refuge vious gentleman, my good friend, the Florida’s Indian River Lagoon. Today System; gentleman from Arizona (Mr. RENZI), the National Wildlife Refuge System (3) encourages the United States Fish and this is a noncontroversial resolution Wildlife Service in its efforts to broaden un- has evolved into the world’s most which salutes our National Wildlife unique network of lands and waters set derstanding and appreciation for the Na- Refuge System on its 100th birthday. tional Wildlife Refuge System by increasing aside specifically for conservation of partnerships on behalf of the refuge system Certainly our refuge system must be fish, wildlife, and plants. With 540 ref- to better manage and monitor wildlife and listed as one of our Nation’s best and uges encompassing nearly 95 million by continuing its support of wildlife depend- most enduring conservation success acres and hosting some 35 million visi- ent recreational activities as embodied in stories. tors annually, the National Wildlife While I agree wholeheartedly with the Refuge System Improvement Act of 1997 Refuge System is a complex network of (Public Law 105–57); and my colleagues that we indeed should lands managed for wildlife and the pub- (4) reaffirms its commitment to the Na- celebrate our refuge system, I would be lic. There are refuges in every State of tional Wildlife Refuge System and the con- remiss if I did not also remind my col- the Union and within an hour’s drive of servation of the rich natural heritage of the leagues of the significant challenges United States. almost every major city. that confront this system today. The Secretary of the Interior, Gayle The SPEAKER pro tempore. Pursu- At present, the refuge system faces a ant to the rule, the gentleman from Ar- Norton, was joined by thousands of combined operations and maintenance wildlife enthusiasts, Members of Con- izona (Mr. RENZI) and the gentleman backlog, backlog, Mr. Speaker, that is from American Samoa (Mr. gress, and notable conservationists to approaching some $1.8 billion. Funding celebrate the centennial of the system FALEOMAVAEGA) each will control 20 to acquire or protect additional refuge minutes. on March 14 at Pelican Island. These lands has also shrunk, leaving some celebrations occurred simultaneously The Chair recognizes the gentleman refuges fragmented or with gaping at wildlife refuges across America, and from Arizona (Mr. RENZI). holes which both complicate and frus- the celebration will continue through- Mr. RENZI. Mr. Speaker, I yield my- trate management. out the year. self such time as I may consume. In addition, Mr. Speaker, critics still To commemorate this event, the gen- debate whether the ‘‘wildlife first’’ Mr. Speaker, this resolution was in- tleman from Florida (Mr. BOYD) and I troduced by our colleagues, the gentle- mission of the refuge system should be introduced H. Res. 173 to commemorate men from Florida, Mr. BOYD and Mr. adjusted more towards the benefit of this centennial anniversary and to ex- PUTNAM. It celebrates the 100th anni- wildlife and less to the interests of press support for its continued success versary of the National Wildlife Refuge other stakeholders who wish to extract in the next 100 years and beyond. System. or otherwise use refuge resources. As we gather in support of this to This system of public lands had its Mr. Speaker, these are all issues that commemorate this tremendous birth- humble origins in Sebastian, Florida the refuge system will have to face as day for the system, I would like to read it begins its second hundred years. But when in 1903, President Theodore Roo- into the RECORD an advertisement from sevelt set aside a 5-acre strip of swamp- for now, we should take a moment to Roll Call sponsored by nearly 40 sports- land on Pelican Island. Since that reflect with pride on the accomplish- men conservation groups. This diverse time, the system has grown to some 540 ments of this genuine conservation group represents the backbone of units that provide habitat for hundreds success story and congratulate it for a America’s conservation efforts, and of wildlife species and recreational op- job well done. their strong support of the refuge sys- Again, I commend my good friend, portunities for millions of Americans. tem is both a testament and a tribute the gentleman from Arizona (Mr. As a member of the Committee on to the vision of the sportsman con- RENZI) for bringing this resolution to Resources, I recognize the value of servationist President Theodore Roo- the floor; and I commend our chair- these lands and their importance to the sevelt, who proclaimed the first refuge man, the gentleman from California 39 million people who visit a refuge in 1903. The ad begins with a quote (Mr. POMBO), and our ranking member, each year to hunt, fish, observe wild- from that great President and reads as the gentleman from West Virginia (Mr. life, photograph them, and engage in follows: ‘‘In a civilized and cultivated RAHALL), for their leadership and sup- conservation education. country, wild animals only continue to It is appropriate that we recognize port of this legislation. I urge my colleagues to support this exist at all when preserved by sports- the refuge system at this important resolution. men. The excellent people who protest milestone, and I congratulate the Bush Mr. Speaker, I reserve the balance of against all hunting and consider administration for requesting the high- my time. sportsmen an enemy of wildlife, are ig- est level of funding ever for the Na- Mr. RENZI. Mr. Speaker, I yield such norant of the fact that in reality the tional Wildlife Refuge System for the time as he may consume to the gen- genuine sportsman is by all odds the upcoming fiscal year. The American tleman from Florida (Mr. PUTNAM), the most important factor in keeping the people deserve the finest refuge sys- cosponsor of the bill. larger and more valuable wild crea- tem, and I am committed to the revi- tures from total extermination.’’ talization of this system and to reduce b 1600 The hunting community was one of the unacceptable maintenance back- Mr. PUTNAM. Mr. Speaker, I thank the original, if not the only original, logs of projects that currently exist. the gentleman from Arizona (Mr. entity that recognized the need for

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.018 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3427 wildlife conservation, not only for and I appreciate the time given us by larity. Recent surveys indicate that hunters but for all those who seek to the gentleman from Arizona (Mr. many people engage in fishing in order enjoy wildlife. Hunters were conserva- RENZI). to experience peace and solitude. Na- tionists long before it was the politi- Mr. FALEOMAVAEGA. Mr. Speaker, tional wildlife refuges can offer a quiet, cally correct thing to do. The timing of I yield such time as he may consume to yet wild, fishing experience for the the formation of the National Refuge the gentleman from Tennessee (Mr. American people. System illustrates this. The system TANNER) to speak in support of the leg- Among prime fishing experiences on was formed after the virtual eradi- islation. national wildlife refuges are Tamarac cation of the native bison, together Mr. TANNER. Mr. Speaker, I thank Refuge in Minnesota, featuring some 21 with a dangerous reduction in a num- the gentleman from American Samoa lakes, five of which are open to canoes ber of other species such as the prong (Mr. FALEOMAVAEGA) for yielding me or small boats; anglers can real in horn, migratory water fowl and others. time. northern pike and walleye. The Bayou Hunters were the first to wake up to Mr. Speaker, as the National Wildlife Sauvage near New Orleans gives urban the reality that our wildlife resources Refuge System celebrates its 100th an- anglers a spectacular setting of both were not unlimited. niversary, recognition for water fowl freshwater and saltwater fishing. In President Roosevelt, an avid hunter hunters and the contribution they have Philadelphia, John Heinz Refuge pro- and conservationist himself, recognized collectively and individually made on vides year-round fishing opportunities the need to preserve wildlife through behalf of the refuge system is in order. as one of the growing number of ref- sustainable use. Unfortunately, some Acquisition of lands for the National uges with facilities that are disabled who oppose these hunting efforts at- Wildlife Refuge System is funded in accessible. In my home State of Flor- tempt to revise history to diminish the part by sales of the migratory bird ida there are about 30 such refuges in hunting community’s contribution to hunting and conservation stamp, where countless numbers of natives wildlife conservation. Recently on the known wide and far as the duck stamp. and tourists go each year to experience eve of the centennial of the system, Water fowl hunters are required to pur- the great outdoors. some have cast a pall by waging a liti- chase a duck stamp as part of their Mr. Speaker, I urge Members to sup- gation challenge to the system. Sadly, hunting license to hunt water fowl on port this resolution and our National they missed the beauty of the refuge or off any refuge. Wildlife Refuge System, which creates system as a place for all to enjoy wild- Since 1934, the hunting community these opportunities for anglers all life and to cooperate in that effort. virtually alone has been funding the across the United States. The National Wildlife Refuge System duck stamp program, raising more Mr. LOBIONDO. Mr. Speaker, today I rise in Improvement Act of 1997, identified by than a half a billion dollars for the ref- support of House Resolution 173. This resolu- then President Clinton as ‘‘the most uge system. In fact, 98 percent of the tion recognizes the achievements and con- significant conservation legislation to revenue generated from sales of the tributions of the National Wildlife Refuge Sys- emerge from Congress to date,’’ was a duck stamp goes directly to acquisition tem on the occasion of its centennial anniver- collaborative effort born of extensive of our national wildlife refuges, some 5 sary and expresses strong support for the negotiations between executive branch, million acres so far, an extraordinary continued success of the National Wildlife Ref- Congress, environmental groups, and contribution, I think, by any measure. uge System. sportsmens organizations. According to Currently, the 8th Congressional Dis- On March 14, 1903, President Theodore the executive order that announced the trict of Tennessee is home to seven: Roosevelt set aside Pelican Island off Florida’s 1997 law, the bill was ‘‘proof that when Chickasaw, Cross Creeks, Hatchie, east coast to preserve the natural beauty of there is a shared commitment to do Lake Isom, Lower Hatchie, Reelfoot the islands for future generations. This act what is right for our natural resources, and Tennessee national wildlife ref- gave birth to a vision for America that has be- partisan and idealogical differences can uges. come the National Wildlife Refuge System. be set aside and compromises can be Beginning back in August of 1934, Each year, millions of people who share negotiated for the benefit of the com- Federal law mandated that individuals Teddy Roosevelt’s passion for the outdoors mon good.’’ buy a duck stamp for the privilege of and his devotion to preserving these places Sportsmen are the original conserva- hunting migratory water fowl. Some visit and enjoy more than 540 refuges and tionists. The stewardship of the game 635,000 hunters paid $1 each for that nearly 100 million acres nationwide all set population that provides a bounty of stamp issued and it was none too soon. aside for the wildlife that live and visit these food and sport is crucial in the survival For the if the Great Depression was areas and for the people that treasure these of many game species. The gains bad on people, it was worse on the natural wonders. achieved in scientific management of ducks. Their prairie pot holes, ponds, In my Southern New Jersey District, we game species can be linked to the ef- marshes, and wetlands dried up and have much to be thankful for with the trio of forts of hunters to maintain the popu- blew away along with much of the Mid- jewels that are the Supawna Meadows Na- lations and quality of the game they west. Revenues from the duck stamp tional Wildlife Refuge in Salem County, the hunt. Populations of game animals program were used to purchase and re- Edwin B. Forsythe National Wildlife Refuge in have flourished through proper game store submarginal land for wildlife, Atlantic and Burlington Counties, and the management by concerned and devoted particularly migratory water fowl. Cape May National Wildlife Refuge in Cape hunters. The populations of deer and Today, the cost of a duck stamp is May County. These three refuges provide both turkey alone are far greater now at the $15, but duck populations are stable a welcome respite for important species who beginning of this century than they and growing. So the next time you are visit in this area as well as places for thou- ever were at the beginning of the last. at a National Wildlife Refuge and see a sands of visitors to see these species in their It is in a hunter’s best interest to flight of ducks sweeping across the natural habitat. maintain game populations so that sky, remember to thank a hunter. Throughout my service in Congress, I have they may continue to practice the tra- Mr. RENZI. Mr. Speaker, I yield 3 been proud to work to preserve and enhance dition they love. Licensed game hunt- minutes to the gentleman from Florida these wildlife refuges. However, much of the ers are deeply involved in game man- (Mr. SHAW). credit for the hard work of protecting our wild- agement on a number of levels. They Mr. SHAW. Mr. Speaker, many lands life refuges must go to the dedicated employ- pay taxes on their arms and ammuni- and waters managed by the Fish and ees and volunteers at each of our local ref- tion, stamps and permits, funds that Wildlife Service allow recreational uges. Without their dedication and drive, these all go to help protect and maintain the fishing and include more than 260 pub- refuges would not be a living realization off sport that they hold so dear to their lic fishing programs on national wild- Teddy Roosevelt’s dream which began a cen- hearts. The rules and codes that to- life refuges nationwide. There were tury ago. day’s sportsmen follow serve to protect about 6 million fishing visits to na- It is my hope that one hundred years from and improve the quality of game spe- tional wildlife refuges in 1999. While now, those who visit these national treasures cies for generations to come. the number of visitors engaged in are as astounded and inspired by the same I again thank the cosponsors of this freshwater fishing is holding steady, beauty that the National Wildlife Refuge Sys- legislation on both sides of the aisle, saltwater fishing is growing in popu- tem is working so hard to preserve today.

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\K29AP7.040 H29PT1 H3428 CONGRESSIONAL RECORD — HOUSE April 29, 2003 Mr. CASTLE. Mr. Speaker, I rise today in A motion to reconsider was laid on (7)(A) on October 6, 1999, the Department of strong support of House Resolution 173, rec- the table. the Treasury certified the payment of ognizing the important achievements and con- $7,000,000, less attorney fees, to be deposited f in a trust account on behalf of the Commu- tributions of the National Wildlife Refuge Sys- GILA RIVER INDIAN COMMUNITY nity; and tem. The National Wildlife Refuge System has JUDGMENT FUND DISTRIBUTION (B) that payment was deposited in a trust been a national treasure for one hundred ACT OF 2003 account managed by the Office of Trust years thanks to the efforts of the U.S. Fish Funds Management of the Department of the and Wildlife Service. Since its creation in Mr. RENZI. Mr. Speaker, I move to Interior; and 1903, the National Wildlife Refuge System has suspend the rules and pass the Senate (8) in accordance with the Indian Tribal successfully protected numerous plant and bill (S. 162) to provide for the use and Judgment Funds Use or Distribution Act (25 animal species in each of the fifty states. In distribution of certain funds awarded U.S.C. 1401 et seq.), the Secretary is required to the Gila River Pima-Maricopa In- to submit an Indian judgment fund use or my great State of Delaware, the Bombay Hook distribution plan to Congress for approval. and Prime Hook National Wildlife Refuges dian Community, and for other pur- poses. SEC. 3. DEFINITIONS. have protected and encouraged growth of mi- In this Act: The Clerk read as follows: gratory bird populations so that future genera- (1) ADULT.—The term ‘‘adult’’ means an in- tions can benefit from their existence just as S. 162 dividual who— we and our ancestors have marveled at their Be it enacted by the Senate and House of Rep- (A) is 18 years of age or older as of the date presence. resentatives of the United States of America in on which the payment roll is approved by the The Bombay Hook National Wildlife Refuge Congress assembled, Community; or has provided a safe habitat for eagles, deer, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (B) will reach 18 years of age not later than 30 days after the date on which the payment and migratory waterfowl and shorebirds since (a) SHORT TITLE.—This Act may be cited as the ‘‘Gila River Indian Community Judg- roll is approved by the Community. its creation in 1937. During that period, the ment Fund Distribution Act of 2003’’. (2) COMMUNITY.—The term ‘‘Community’’ refuge has maintained an eagle population (b) TABLE OF CONTENTS.—The table of con- means the Gila River Indian Community. and has seen 28 eaglets fledged. The refuge tents of this Act is as follows: (3) COMMUNITY-OWNED FUNDS.—The term currently has one active bald eagle nest. I am Sec. 1. Short title; table of contents. ‘‘Community-owned funds’’ means— thankful that, through the efforts of taxpayers, Sec. 2. Findings. (A) funds held in trust by the Secretary as volunteers, and refuge employees, future gen- Sec. 3. Definitions. of the date of enactment of this Act that erations of Delawareans will not miss the TITLE I—GILA RIVER JUDGMENT FUND may be made available to make payments under section 101; or splendor of a soaring bald eagle, a national DISTRIBUTION Sec. 101. Distribution of judgment funds. (B) revenues held by the Community that— icon. Bombay Hook National Wildlife Refuge (i) are derived from trust resources; and has also successfully protected the tidal salt Sec. 102. Responsibility of Secretary; appli- cable law. (ii) qualify for an exemption under section marsh so that waterfowl populations including 7 or 8 of the Indian Tribal Judgment Funds TITLE II—CONDITIONS RELATING TO the snow geese continue to migrate to the Use or Distribution Act (25 U.S.C. 1407, 1408). COMMUNITY JUDGMENT FUND PLANS Delaware shore. Recently, ten years of horse- (4) IIM ACCOUNT.—The term ‘‘IIM account’’ Sec. 201. Plan for use and distribution of means an individual Indian money account. shoe crab surveying have led to the imple- judgment funds awarded in mentation of tighter restrictions on the har- (5) JUDGMENT FUNDS.—The term ‘‘judgment Docket No. 228. funds’’ means the aggregate amount awarded vesting of the species. All of these achieve- Sec. 202. Plan for use and distribution of to the Community by the Court of Federal ments have benefited nature lovers and judgment funds awarded in Claims in Dockets Nos. 236–C and 236–D. birders across the nation and enriched the Docket No. 236–N. (6) LEGALLY INCOMPETENT INDIVIDUAL.—The education of generations of children. TITLE III—EXPERT ASSISTANCE LOANS term ‘‘legally incompetent individual’’ The Prime Hook National Wildlife Refuge, Sec. 301. Waiver of repayment of expert as- means an individual who has been deter- since its establishment in 1963, also has pro- sistance loans to Gila River In- mined to be incapable of managing his or her vided protection for numerous migratory bird dian Community. own affairs by a court of competent jurisdic- and other populations. The refuge has ex- SEC. 2. FINDINGS. tion. panded recently from a satellite of the Congress finds that— (7) MINOR.—The term ‘‘minor’’ means an individual who is not an adult. Bombary Hook National Wildlife Refuge to be- (1) on August 8, 1951, the Gila River Indian (8) PAYMENT ROLL.—The term ‘‘payment come an independent refuge with an active Community filed a complaint before the In- dian Claims Commission in Gila River Pima- roll’’ means the list of eligible, enrolled bald eagle nest and one of the largest fresh- Maricopa Indian Community v. United members of the Community who are eligible water marshes on the East Coast. I have been States, Docket No. 236, for the failure of the to receive a payment under section 101(a), as proud to work with Delawareans to improve United States to carry out its obligation to prepared by the Community under section Prime Hook through the voluntary purchase of protect the use by the Community of water 101(b). new properties in and adjacent to the refuge. from the Gila River and the Salt River in the (9) SECRETARY.—The term ‘‘Secretary’’ These land purchases will provide a valuable State of Arizona; means the Secretary of the Interior. buffer between the refuge and fast growing (2) except for Docket Nos. 236–C and 236–D, TITLE I—GILA RIVER JUDGMENT FUND development in the county. which remain undistributed, all 14 original DISTRIBUTION dockets under Docket No. 236 have been re- It gives me great pleasure, Mr. Speaker, to SEC. 101. DISTRIBUTION OF JUDGMENT FUNDS. solved and distributed; (a) PER CAPITA PAYMENTS.—Notwith- recognize these achievements and to ensure (3) in Gila River Pima-Maricopa Indian standing the Indian Tribal Judgment Funds that these refuges receive the continued sup- Community v. United States, 29 Ind. Cl. Use or Distribution Act (25 U.S.C. 1401 et port of Congress. In reaffirming our commit- Comm. 144 (1972), the Indian Claims Commis- seq.) or any other provision of law (including ment to the conservation of our nation’s rich sion held that the United States, as trustee, any regulation promulgated or plan devel- natural heritage, we allow our future genera- was liable to the Community with respect to oped under such a law), the amounts paid in tions to witness the same natural wonders we the claims made in Docket No. 236–C; satisfaction of an award granted to the Gila have the privilege of seeing today. (4) in Gila River Pima-Maricopa Indian River Indian Community in Dockets Nos. Mr. FALEOMAVAEGA. Mr. Speaker, Community v. United States, 684 F.2d 852 236–C and 236–D before the United States (1982), the United States Claims Court held Court of Federal Claims, less attorney fees I yield back the balance of my time. that the United States, as trustee, was liable Mr. RENZI. Mr. Speaker, I have no and litigation expenses and including all ac- to the Community with respect to the claims crued interest, shall be distributed in the further requests for time, and I yield made in Docket No. 236–D; form of per capita payments (in amounts as back the balance of my time. (5) with the approval of the Community equal as practicable) to all eligible enrolled The SPEAKER pro tempore (Mr. under Community Resolution GR–98–98, the members of the Community. BOOZMAN). The question is on the mo- Community entered into a settlement with (b) PREPARATION OF PAYMENT ROLL.— tion offered by the gentleman from Ar- the United States on April 27, 1999, for (1) IN GENERAL.—The Community shall pre- izona (Mr. RENZI) that the House sus- claims made under Dockets Nos. 236–C and pare a payment roll of eligible, enrolled pend the rules and agree to the resolu- 236–D for an aggregate total of $7,000,000; members of the Community that are eligible (6) on May 3, 1999, the United States Court to receive payments under this section in ac- tion, H. Res. 173. of Federal Claims ordered that a final judg- cordance with the criteria described in para- The question was taken; and (two- ment be entered in consolidated Dockets graph (2). thirds having voted in favor thereof) Nos. 236–C and 236–D for $7,000,000 in favor of (2) CRITERIA.— the rules were suspended and the reso- the Community and against the United (A) INDIVIDUALS ELIGIBLE TO RECEIVE PAY- lution was agreed to. States; MENTS.—Subject to subparagraph (B), the

VerDate Jan 31 2003 03:52 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.029 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3429 following individuals shall be eligible to be bility for administration and distribution of the governing body to have judgment funds listed on the payment roll and eligible to re- the funds. disbursed to, and deposited in the general ceive a per capita payment under subsection (f) SHARES OF DECEASED INDIVIDUALS.— fund of, the Community, any judgment funds (a): (1) IN GENERAL.—The Secretary, in accord- remaining after the date on which the Com- (i) All enrolled Community members who ance with regulations promulgated by the munity completes the per capita distribution are eligible to be listed on the per capita Secretary and in effect as of the date of en- under subsection (a) and makes any appro- payment roll that was approved by the Sec- actment of this Act, shall distribute to the priate payments under subsection (i) shall be retary for the distribution of the funds appropriate heirs and legatees of deceased disbursed to, and deposited in the general awarded to the Community in Docket No. individuals described in subsection (c)(2) the fund of, the Community. 236–N (including any individual who was in- per capita shares of those deceased individ- (k) REVERSION OF PER-CAPITA SHARES TO advertently omitted from that roll). uals. TRIBAL OWNERSHIP.— (ii) All enrolled Community members who (2) ABSENCE OF HEIRS AND LEGATEES.—If the (1) IN GENERAL.—In accordance with the are living on the date of enactment of this Secretary and the Community make a final first section of Public Law 87–283 (25 U.S.C. Act. determination that a deceased individual de- 164), the share for an individual eligible to (iii) All enrolled Community members who scribed in subsection (c)(2) has no heirs or receive a per-capita share under subsection died— legatees, the per capita share of the deceased (a) that is held in trust by the Secretary, and (I) after the effective date of the payment individual and the interest earned on that any interest earned on that share, shall be plan for Docket No. 236–N; but share shall— restored to Community ownership if, for any (II) on or before the date of enactment of (A) revert to the Community; and reason— this Act. (B) be deposited into the general fund of (A) subject to subsection (i), the share can- (B) INDIVIDUALS INELIGIBLE TO RECEIVE PAY- the Community. not be paid to the individual entitled to re- MENTS.—The following individuals shall be (g) SHARES OF LEGALLY INCOMPETENT INDI- ceive the share; and ineligible to be listed on the payment roll VIDUALS.— (B) the share remains unclaimed for the 6- and ineligible to receive a per capita pay- (1) IN GENERAL.—The Secretary shall de- year period beginning on the date on which ment under subsection (a): posit the shares of legally incompetent indi- the individual became eligible to receive the (i) Any individual who, before the date on viduals described in subsection (c)(2) in su- share. which the Community approves the payment pervised IIM accounts. (2) REQUEST BY COMMUNITY.—In accordance roll, relinquished membership in the Com- (2) ADMINISTRATION.—The IIM accounts de- with subsection (j), the Community may re- munity. scribed in paragraph (1) shall be adminis- quest that unclaimed funds described in (ii) Any minor who relinquishes member- tered in accordance with regulations and paragraph (1)(B) be disbursed to, and depos- ship in the Community, or whose parent or procedures established by the Secretary and ited in the general fund of, the Community. in effect as of the date of enactment of this legal guardian relinquishes membership on SEC. 102. RESPONSIBILITY OF SECRETARY; AP- behalf of the minor, before the date on which Act. PLICABLE LAW. (h) SHARES OF MINORS.— the minor reaches 18 years of age. (a) RESPONSIBILITY FOR FUNDS.—After the (1) IN GENERAL.—The Secretary shall de- (iii) Any individual who is disenrolled by date on which funds are disbursed to the posit the shares of minors described in sub- the Community for just cause (such as dual Community under section 101(e)(1), the section (c)(2) in supervised IIM accounts. enrollment or failure to meet the eligibility United States and the Secretary shall have (2) ADMINISTRATION.— requirements for enrollment). no trust responsibility for the investment, (A) IN GENERAL.—The Secretary shall hold (iv) Any individual who is determined or supervision, administration, or expenditure the per capita share of a minor described in certified by the Secretary to be eligible to of the funds disbursed. subsection (c)(2) in trust until such date as receive a per capita payment of funds relat- (b) DECEASED AND LEGALLY INCOMPETENT the minor reaches 18 years of age. ing to a judgment— INDIVIDUALS.—Funds subject to subsections (I) awarded to another community, Indian (B) NONAPPLICABLE LAW.—Section 3(b)(3) of (f) and (g) of section 101 shall continue to be tribe, or tribal entity; and the Indian Tribal Judgment Funds Use or held in trust by the Secretary until the date (II) appropriated on or before the date of Distribution Act (25 U.S.C. 1403(b)(3)) shall on which those funds are disbursed under enactment of this Act. not apply to any per capita share of a minor this Act. that is held by the Secretary under this Act. (v) Any individual who is not enrolled as a (c) APPLICABILITY OF OTHER LAW.—Except member of the Community on or before the (C) DISBURSEMENT.—No judgment funds, as otherwise provided in this Act, all funds date that is 90 days after the date of enact- nor any interest earned on judgment funds, distributed under this Act shall be subject to ment of this Act. shall be disbursed from the account of a sections 7 and 8 of the Indian Tribal Judg- minor described in subsection (c)(2) until (c) NOTICE TO SECRETARY.—On approval by ment Funds Use or Distribution Act (25 such date as the minor reaches 18 years of the Community of the payment roll, the U.S.C. 1407, 1408). age. Community shall submit to the Secretary a (i) PAYMENT OF ELIGIBLE INDIVIDUALS NOT TITLE II—CONDITIONS RELATING TO notice that indicates the total number of in- LISTED ON PAYMENT ROLL.— COMMUNITY JUDGMENT FUND PLANS dividuals eligible to share in the per capita (1) IN GENERAL.—An individual who is not SEC. 201. PLAN FOR USE AND DISTRIBUTION OF distribution under subsection (a), as ex- listed on the payment roll, but is eligible to JUDGMENT FUNDS AWARDED IN pressed in subdivisions that reflect— receive a payment under this Act, as deter- DOCKET NO. 228. (1) the number of shares that are attrib- mined by the Community, may be paid from (a) DEFINITION OF PLAN.—In this section, utable to eligible living adult Community any remaining judgment funds after the date the term ‘‘plan’’ means the plan for the use members; and on which— and distribution of judgment funds awarded (2) the number of shares that are attrib- (A) the Community makes the per capita to the Community in Docket No. 228 of the utable to deceased individuals, legally in- distribution under subsection (a); and United States Claims Court (52 Fed. Reg. 6887 competent individuals, and minors. (B) all appropriate IIM accounts are estab- (March 5, 1987)), as modified in accordance (d) INFORMATION PROVIDED TO SECRETARY.— lished under subsections (g) and (h). with Public Law 99–493 (100 Stat. 1241). The Community shall provide to the Sec- (2) INSUFFICIENT FUNDS.—If insufficient (b) CONDITIONS.—Notwithstanding any retary enrollment information necessary to judgment funds remain to cover the cost of a other provision of law, the Community shall allow the Secretary to establish— payment described in paragraph (1), the modify the plan to include the following con- (1) estate accounts for deceased individuals Community may use Community-owned ditions with respect to funds distributed described in subsection (c)(2); and funds to make the payment. under the plan: (2) IIM accounts for legally incompetent (3) MINORS, LEGALLY INCOMPETENT INDIVID- (1) APPLICABILITY OF OTHER LAW RELATING individuals and minors described in sub- UALS, AND DECEASED INDIVIDUALS.—In a case TO MINORS.—Section 3(b)(3) of the Indian section (c)(2). in which a payment described in paragraph Tribal Judgment Funds Use or Distribution (e) DISBURSEMENT OF FUNDS.— (2) is to be made to a minor, a legally incom- Act (25 U.S.C. 1403(b)(3)) shall not apply to (1) IN GENERAL.—Not later than 30 days petent individual, or a deceased individual, any per capita share of a minor that is held, after the date on which the payment roll is the Secretary— as of the date of enactment of this Act, by approved by the Community and the Com- (A) is authorized to accept and deposit the Secretary. munity has reconciled the number of shares funds from the payment in an IIM account or (2) SHARE OF MINORS IN TRUST.—The Sec- that belong in each payment subdivision de- estate account established for the minor, le- retary shall hold a per capita share of a scribed in subsection (c), the Secretary shall gally incompetent individual, or deceased in- minor described in paragraph (1) in trust disburse to the Community the funds nec- dividual; and until such date as the minor reaches 18 years essary to make the per capita distribution (B) shall invest those funds in accordance of age. under subsection (a) to eligible living adult with applicable law. (3) DISBURSAL OF FUNDS FOR MINORS.—No members of the Community described in sub- (j) USE OF RESIDUAL FUNDS.—On request by judgment funds, nor any interest earned on section (c)(1). the governing body of the Community to the judgment funds, shall be disbursed from the (2) ADMINISTRATION AND DISTRIBUTION.—On Secretary, and after passage by the gov- account of a minor described in paragraph (1) disbursement of the funds under paragraph erning body of the Community of a tribal until such date as the minor reaches 18 years (1), the Community shall bear sole responsi- council resolution affirming the intention of of age.

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.017 H29PT1 H3430 CONGRESSIONAL RECORD — HOUSE April 29, 2003 (4) USE OF REMAINING JUDGMENT FUNDS.—On members of the Gila River Indian com- Mr. RENZI. Mr. Speaker, I yield such request by the governing body of the Com- munity. Pursuant to the Indian Tribal time as he may consume to the gen- munity, as manifested by the appropriate Judgment Funds Use or Distribution tleman from Arizona (Mr. HAYWORTH), tribal council resolution, any judgment Act, the Secretary of the Interior must the author of the House companion funds remaining after the date of completion of the per capita distribution under section submit to Congress for approval a plan bill. 101(a) shall be disbursed to, and deposited in for the use and distribution of such Mr. HAYWORTH. Mr. Speaker, I the general fund of, the Community. judgment awards. thank my colleague from Arizona who SEC. 202. PLAN FOR USE AND DISTRIBUTION OF In 1951 the community filed a com- is proving to represent so capably the JUDGMENT FUNDS AWARDED IN plaint before the Indian Claims Com- new first congressional district and DOCKET NO. mission claiming failure of the United thank him again for his management 236–N. States to protect the community’s use of this legislation. I also thank the (a) DEFINITION OF PLAN.—In this section, the term ‘‘plan’’ means the plan for the use of water from the Gila and Salt Rivers. gentleman from American Samoa (Mr. and distribution of judgment funds awarded After the Commission and the Court of FALEOMAVAEGA) for his remarks on this to the Community in Docket No. 236–N of the Claims found the United States liable legislation, pointing out the history of United States Court of Federal Claims (59 to the community, the community what has transpired here and the chal- Fed. Reg. 31092 (June 16, 1994)). agreed to a monetary settlement in the lenge that at long last we will redress (b) CONDITIONS.— amount of $7 million. Final judgment in this Chamber today. (1) PER CAPITA ASPECT.—Notwithstanding was entered against the United States Mr. Speaker, it bears repeating that any other provision of law, the Community in that amount. This legislation rep- S. 162 provides for the distribution of shall modify the last sentence of the para- graph under the heading ‘‘Per Capita As- resents the final step in resolving the certain funds awarded to the Gila River pect’’ in the plan to read as follows: ‘‘Upon litigation and is a product of close con- Pima-Maricopa Indian community. request from the Community, any residual sultation between the community and b 1615 principal and interest funds remaining after the Bureau of Indian Affairs. I urge its the Community has declared the per capita adoption. This bill is the Senate companion distribution complete shall be disbursed to, Mr. Speaker, I reserve the balance of version to the legislation that I intro- and deposited in the general fund of, the my time. duced, that my colleague from the Community.’’. Mr. FALEOMAVAEGA. Mr. Speaker, First District of Arizona alluded to, (2) GENERAL PROVISIONS.—Notwithstanding I yield myself such time as I may con- the companion legislation designated any other provision of law, the Community sume. as H.R. 458. Since this legislation has shall— already been approved by the other (A) modify the third sentence of the first (Mr. FALEOMAVAEGA asked and paragraph under the heading ‘‘General Provi- was given permission to revise and ex- body, I am grateful to the leadership of sions’’ of the plan to strike the word ‘‘mi- tend his remarks.) this House and to my colleagues on nors’’; and Mr. FALEOMAVAEGA. Mr. Speaker, both sides of the aisle for taking up the (B) insert between the first and second this piece of legislation, I can just sim- bill from the other body in such an ex- paragraphs under that heading the following: ply say, is long overdue and I cannot peditious manner. ‘‘Section 3(b)(3) of the Indian Tribal Judg- thank enough my good friend from Ari- Mr. Speaker, it was my honor to rep- ment Funds Use or Distribution Act (25 zona (Mr. HAYWORTH) and his leader- resent the Gila River Indian commu- U.S.C. 1403(b)(3)) shall not apply to any per ship in bringing this piece of legisla- nity in the Congress of the United capita share of a minor that is held, as of the tion, and also Senator MCCAIN of the States for my first 8 years of service in date of enactment of the Gila River Indian this institution. And although redis- Community Judgment Fund Distribution other body for bringing this to fruition. Act of 2003, by the Secretary. The Secretary Mr. Speaker, I am proud to support tricting in my home State has shifted shall hold a per capita share of a minor in S. 162, which is before us this after- the boundaries of the Congressional trust until such date as the minor reaches 18 noon, and pleased that we are dis- District I now represent, I continue to years of age. No judgment funds, or any in- pensing with this bill early in the ses- enjoy a very productive working rela- terest earned on judgment funds, shall be sion. This bill will provide the author- tionship with and on behalf of the Gila disbursed from the account of a minor until ity needed to distribute judgment River community. such date as the minor reaches 18 years of awards funds to members of the Gila Mr. Speaker, I would urge my col- age.’’. River Pima-Maricopa Indian commu- leagues to support this very important TITLE III—EXPERT ASSISTANCE LOANS nity in the State of Arizona. This ac- legislation. My friend from American SEC. 301. WAIVER OF REPAYMENT OF EXPERT AS- tion will finally bring to closure litiga- Samoa cited dates, and let us under- SISTANCE LOANS TO GILA RIVER IN- stand what is at stake here in this DIAN COMMUNITY. tion which started in 1951, Mr. Speaker. Notwithstanding any other provision of That is 42 years surrounding the failure Chamber this afternoon. An agreement law— of our government, the United States of some was decided upon in 1951. Mr. (1) the balance of all outstanding expert as- Government, to adequately protect the Speaker, to put this in perspective, sistance loans made to the Community under use of water from the Gila River and that is some 7 years before the date of Public Law 88–168 (77 Stat. 301) and relating the Salt River on behalf of the tribal my birth. Over a half century has to Gila River Indian Community v. United community. passed, and we need to get this done. States (United States Court of Federal In 1972 the Indian Claims Commission Fifty years of litigation and consulta- Claims Docket Nos. 228 and 236 and associ- tion between the Gila River Tribe and ated subdockets) are canceled; and found the United States liable to the (2) the Secretary shall take such action as community with regard to the under- the government of the United States is necessary— lying complaint, and in 1982 the U.S. now, today. We say from time to time (A) to document the cancellation of loans Court of Claims agreed with that find- that this is a deliberative body. Mr. under paragraph (1); and ing. A monetary settlement in the Speaker, I daresay those of us on both (B) to release the Community from any li- amount of $7 million has been agreed sides of the aisle welcome the fact that ability associated with those loans. to, and today we will ratify the dis- this deliberation will at long last draw The SPEAKER pro tempore. Pursu- tribution of those funds according to to a close. ant to the rule, the gentleman from Ar- the wishes of the community. Mr. Speaker, this points out a chal- izona (Mr. RENZI) and the gentleman I strongly urge my colleagues to sup- lenge we have faced time and again from American Samoa (Mr. port this piece of legislation. Mr. with the first Americans, because in FALEOMAVAEGA) each will control 20 Speaker, again, I thank my colleague too many instances, our government minutes. from Arizona (Mr. HAYWORTH) for has come up short in its stewardship of The Chair recognizes the gentleman bringing this to the attention of the Native American monies. The Gila from Arizona (Mr. RENZI). Members of this institution; and, River community has faced consider- Mr. RENZI. Mr. Speaker, I yield my- again, I thank the gentleman from Ari- able delays in dealing with the Office self such time as I may consume. zona (Mr. RENZI) for management of of Trust Funds Management and the Mr. Speaker, S. 162 authorizes a plan this bill. Bureau of Indian Affairs in finalizing for the distribution of a $7 million dol- Mr. Speaker, I reserve the balance of the distribution plan. Members of the lar final judgment award to eligible my time. Gila River Indian community, in fact,

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.017 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3431 have waited an additional half a decade As noted in the 1999 stipulation and Maryland, is a microcosm of the geology and for final resolution of these legal joint motion for entry of final judg- geography of the region, including hard rock claims and for distribution of these ment, and because such claims are be- piedmont, coastal plain, and volcanic forma- judgment funds to eligible tribal mem- yond the jurisdiction of the Indian tions. (2) Garrett Island is the only rocky island bers. Claims Commission, as conferred by in the tidal waters of the Chesapeake. Mr. Speaker, the dominant media section 2 of the Indian Claims Commis- (3) Garrett Island and adjacent waters pro- culture in this town, so fond of playing sion Act, the final judgment entered vide high-quality habitat for bird and fish up differences that may exist among into by the Court of Federal Claims, species. us, may little note nor long remember pursuant to the stipulated settlement, (4) Garrett Island contains significant ar- what transpires with this legislation does not dispose of claims that could be cheological sites reflecting human history today. But it is very profound, because brought by the community with regard and prehistory of the region. it lifts a burden of uncertainty from to the applicability of the Winters Doc- SEC. 3. AUTHORITY TO ACQUIRE PROPERTY FOR INCLUSION IN THE BLACKWATER members of the Gila River community. trine or the full extent of other water NATIONAL WILDLIFE REFUGE. The time is now for Congress to pass rights. (a) ACQUISITION.—The Secretary of the In- this legislation so that the community The bottom line, Mr. Speaker, as terior may use otherwise available amounts members’ judgment funds may finally, stated by my good friend from the to acquire the area known as Garrett Island, finally be released to them. This is a State of Arizona earlier, I think we consisting of approximately 198 acres located chance where we come together as men have committed a tremendous injus- at the mouth of the Susquehanna River in and women of goodwill, as constitu- tice to this tribe. For the 42 years it Cecil County, Maryland. tional officers, to do the right thing for (b) ADMINISTRATION.—Lands and interests has taken them to seek redress on this acquired by the United States under this sec- the right reasons, even though the tim- grievance, it has taken over 42 years, I tion shall be managed by the Secretary as ing has been somewhat delayed. think is a tremendous injustice and it the Garrett Island Unit of the Blackwater Mr. Speaker, I therefore urge my col- is about time that we do something National Wildlife Refuge. leagues once again to support this im- about this. I sincerely hope that my (c) PURPOSES.—The purposes for which the portant legislation, and once again colleagues will support this legislation. Garrett Island Unit is established and shall thanking my friend from American Again, I thank my good friend from be managed are the following: Samoa and my new colleague from the (1) To support the Delmarva Conservation Arizona for his support and his leader- Corridor Demonstration Program. First District of Arizona. ship. Mr. FALEOMAVAEGA. Mr. Speaker, (2) To conserve, restore, and manage habi- Mr. Speaker, I have no further re- tats as necessary to contribute to the migra- I yield myself such time as I may con- quests for time, and I yield back the tory bird populations prevalent in the Atlan- sume to commend my good friend from balance of my time tic Flyway. Arizona not only for his eloquence, as Mr. RENZI. Mr. Speaker, I yield my- (3) To conserve, restore, and manage the always, but for the outstanding leader- self such time as I may consume to significant aquatic resource values associ- ship that he has demonstrated as a thank the gentleman from American ated with submerged land adjacent to the member of our congressional caucus, as unit and to achieve the habitat objectives of Samoa, and like no other, the gen- the agreement known as the Chesapeake 2000 cochairman of the Native American tleman from Arizona (Mr. HAYWORTH), Caucus, my good friend, the gentleman Agreement. with his eloquence and articulation, (4) To conserve the archeological resources from Arizona (Mr. HAYWORTH) for his has provided us not just the historical on the unit. appreciation and understanding of the data here but the emotional data that (5) To provide public access to the unit in needs of the first Americans in our goes with the Gila River judgment set- a manner that does not adversely impact community. tlement. natural resources on and around the unit. I also would like to give recognition Mr. Speaker, I yield back the balance The SPEAKER pro tempore. Pursu- to the fact that we have two other of my time. ant to the rule, the gentleman from Ar- Members who, unfortunately, because The SPEAKER pro tempore (Mr. izona (Mr. RENZI) and the gentleman of schedules, just are not here but BOOZMAN). The question is on the mo- from American Samoa (Mr. would have loved to testify in support tion offered by the gentleman from Ar- FALEOMAVAEGA) each will control 20 of this legislation. So in a bipartisan izona (Mr. RENZI) that the House sus- minutes. fashion, I will just mention that my pend the rules and pass the Senate bill, The Chair recognizes the gentleman colleagues, the gentleman from Ari- S.162. from Arizona (Mr. RENZI). zona (Mr. GRIJALVA) and the gentleman The question was taken; and (two- Mr. RENZI. Mr. Speaker, I yield my- from Arizona (Mr. PASTOR), I know, thirds having voted in favor thereof) self such time as I may consume. would have loved to be here to lend the rules were suspended and the Sen- Mr. Speaker, H.R. 274 has been intro- their support to this legislation. ate bill was passed. duced by the chairman of the Sub- Just a little sense of history, Mr. A motion to reconsider was laid on committee on Fisheries Conservation, Speaker. As I stated earlier, in 1951, the table. Wildlife, and Oceans the gentleman the Gila River Pima-Maricopa Indian from Maryland (Mr. GILCHREST). It has Community sued the United States be- f been the subject of two congressional fore the Indian Claims Commission BLACKWATER NATIONAL WILD- hearings and extensive site visits by seeking damages for failure of the LIFE REFUGE EXPANSION ACT the U.S. Fish and Wildlife Service to United States to protect the commu- Mr. RENZI. Mr. Speaker, I move to Garrett Island, Maryland. nity’s historic use of the Salt River suspend the rules and pass the bill While there is a dispute over who water during the period from 1880 to (H.R. 274) to authorize the Secretary of should hold title to the 180 acres that 1936. In 1999, in order to end continuing the Interior to acquire the property in comprise Garrett Island, there is no de- litigation between the community and Cecil County, Maryland, known as Gar- bate over the fact the island contains the United States regarding the nature rett Island for inclusion in the valuable resources that should be pro- of the community’s water rights under Blackwater National Wildlife Refuge. tected in the future and that the cost section 2 of the ICCA, and for this pe- The Clerk read as follows: of acquiring the property is less than riod, the United States, and that is the H.R. 274 one-half million dollars. I have been as- Department of Justice and the commu- sured the two private landowners who nity, jointly moved the Federal Court Be it enacted by the Senate and House of Rep- resentatives of the United States of America in currently hold title to about 120 acres of Claims to enter a final judgment Congress assembled, of Garrett Island, which is uninhabited, against the United States in the SECTION 1. SHORT TITLE. are willing to sell their property to the amount of $7 million in favor of the This Act may be cited as the ‘‘Blackwater Federal Government in a voluntary community. The final judgment en- National Wildlife Refuge Expansion Act’’. manner. tered into by the Court of Federal SEC. 2. FINDINGS. The gentleman from Maryland (Mr. Claims finally disposed of all the com- The Congress finds the following: GILCHREST) has made a compelling case munity’s claims and demands under (1) Garrett Island, located at the mouth of for incorporating this land within the section 2 of the ICCA. the Susquehanna River in Cecil County, existing Blackwater National Wildlife

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.044 H29PT1 H3432 CONGRESSIONAL RECORD — HOUSE April 29, 2003 Refuge and I urge a yea vote on this The Cecil Land Trust has done everything it RECESS legislation. can to protect this important property, contrib- The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of uting $150,000 toward the purchase of the is- ant to clause 12(a) of rule I, the Chair my time. land. Based on our hearing, Federal acquisi- declares the House in recess until ap- Mr. FALEOMAVAEGA. Mr. Speaker, tion costs will be less than $400,000, and little, proximately 6:30 p.m. I yield myself such time as I may con- if any, maintenance or personnel will be re- Accordingly (at 4 o’clock and 28 min- sume. quired in the future. The Chesapeake Bay (Mr. FALEOMAVAEGA asked and utes p.m.), the House stood in recess Foundation had it right when it wrote that until approximately 6:30 p.m. was given permission to revise and ex- steps must be taken to ‘‘ensure protection of tend his remarks.) this largely unspoiled, historical and ecological f Mr. FALEOMAVAEGA. Mr. Speaker, gem.’’ again I thank my good friend from Ari- b 1834 I would urge my Colleagues to vote ‘‘aye’’ zona for his management of this legis- on H.R. 274! This is an important and nec- AFTER RECESS lation. I thank also the chairman of essary inclusion in our National Wildlife Ref- the Subcommittee on Fisheries Con- The recess having expired, the House uge system, which celebrated its 100th birth- servation, Wildlife, and Oceans, the was called to order by the Speaker pro day last month. This is exactly the type of gentleman from Maryland (Mr. tempore (Mr. CULBERSON) at 6 o’clock place that Theodore Roosevelt had in mind GILCHREST), who is the chief sponsor of and 34 minutes p.m. this proposed legislation. when this unique system of public lands was f Mr. Speaker, this bill passed in com- created. Mr. FALEOMAVAEGA. Mr. Speaker, mittee last year and we are just going ANNOUNCEMENT BY THE SPEAKER I yield back the balance of my time. through the process and refining it PRO TEMPORE even better. As stated by my good Mr. RENZI. Mr. Speaker, I yield back The SPEAKER pro tempore. Pursu- friend from Arizona, this noncontrover- the balance of my time. ant to clause 8 of rule XX, proceedings sial legislation would authorize the The SPEAKER pro tempore. The will resume on motions to suspend the U.S. Fish and Wildlife Service to ex- question is on the motion offered by rules previously postponed. pand the existing Blackwater National the gentleman from Arizona (Mr. Votes will be taken in the following Wildlife Refuge through the acquisi- RENZI) that the House suspend the order: tion of Garrett Island. rules and pass the bill, H.R. 274. Mr. Speaker, wildlife habitats such The question was taken; and (two- House Resolution 204, by the yeas and as that found on Garrett Island is in thirds having voted in favor thereof) nays; short supply in the lower reach of the the rules were suspended and the bill House Concurrent Resolution 156, by Susquehanna River. In fact, it is my was passed. the yeas and nays; understanding that Garrett Island is A motion to reconsider was laid on House Concurrent Resolution 149, by the only bedrock island in the tidal the table. the yeas and nays. The first electronic vote will be con- portion of the Chesapeake Bay System. f The Fish and Wildlife Service should ducted as a 15-minute vote. The second be encouraged to pursue the addition of GENERAL LEAVE electronic vote will be conducted as a 5-minute vote. The third vote will be this valuable property to enhance the Mr. RENZI. Mr. Speaker, I ask unani- another 15-minute vote. existing Blackwater Refuge Complex mous consent that all Members may and also to ensure the long-term pro- have 5 legislative days in which to re- f tection of important open space and vise and extend their remarks and to fish and wildlife habitat. include extraneous material in the CONGRATULATING CHARTER Again, in closing, I want to express SCHOOLS ACROSS THE UNITED RECORD regarding the three bills just my full support of this proposed legis- considered, H. Res. 173, H.R. 274, and S. STATES FOR THEIR ONGOING lation. And I urge my colleagues to 162. CONTRIBUTIONS TO EDUCATION support this bill. The SPEAKER pro tempore. Is there The SPEAKER pro tempore. The Mr. GILCHREST. Mr. Speaker, as the au- objection to the request of the gen- pending business is the question of sus- thor of H.R. 274, I am pleased the House is tleman from Arizona? pending the rules and agreeing to the considering this legislation to expand the There was no objection. resolution, H. Res. 204, as amended. boundaries of the Blackwater National Wildlife The Clerk read the title of the resolu- Refuge, which is located in my congressional f tion. district. COMMUNICATION FROM DISTRICT The SPEAKER pro tempore. The Garrett Island, which consists of approxi- MANAGER OF THE HONORABLE question is on the motion offered by mately 180 acres, was the site of Maryland’s ROBERT C. SCOTT, MEMBER OF the gentleman from Nevada (Mr. POR- second settlement in the 1600’s. It is the only CONGRESS TER) that the House suspend the rules rocky island in the tidal waters of the Chesa- and agree to the resolution, H. Res. 204, The SPEAKER pro tempore laid be- peake Bay system, and it is a vital link be- as amended, on which the yeas and fore the House the following commu- tween the Susquehanna River and the Bay. It nays are ordered. nication from Gisele P. Russell, Dis- also provides habitat to 44 different bird spe- The vote was taken by electronic de- trict Manager of the Honorable Robert cies, including eagles, Common Loons, Tun- vice, and there were—yeas 403, nays 0, C. SCOTT, Member of Congress: dra Swans and 14 species of ducks. answered ‘‘present’’ 5, not voting 26, as I have visited Garrett Island and there is no CONGRESS OF THE UNITED STATES, follows: question that its rich history, geographic loca- HOUSE OF REPRESENTATIVES, tion and wildlife resource values make it an Washington, DC, April 24, 2003. excellent candidate for inclusion within the Na- Hon. J. DENNIS HASTERT, [Roll No. 146] Speaker, House of Representatives, YEAS—403 tional Wildlife Refuge system. As a nation, we Washington, DC. can ill afford to allow unique places, like Gar- DEAR MR. SPEAKER: This is to notify you Abercrombie Barton (TX) Blunt rett Island, to be lost forever. formally, pursuant to Rule VIII of the Rules Aderholt Bass Boehlert While I am disappointed that the U.S. Fish Akin Beauprez Boehner of the House of Representatives, that I have Alexander Bell Bonilla and Wildlife Service has not endorsed this been served with a subpoena for testimony Allen Bereuter Bonner idea, I was pleased to hear the agency testify issued by the Circuit Court of Newport News, Andrews Berkley Bono that, ‘‘Given the Island’s historic and archae- Virginia in a criminal case. Baca Berman Boozman ological values, its recreational opportunities, After consultation with the Office of Gen- Bachus Berry Boswell eral counsel, I have determined that compli- Baird Biggert Boucher and its environmental education and interpre- ance with the subpoena is consistent with Baker Bilirakis Bradley (NH) Baldwin Bishop (GA) Brady (PA) tation potential, a concerted effort should be the precedents and Privileges of the House. put forth to provide long-term protection and Ballance Bishop (NY) Brady (TX) Sincerely, Ballenger Bishop (UT) Brown (OH) management of the island.’’ This is the goal of GISELE P. RUSSELL, Barrett (SC) Blackburn Brown (SC) H.R. 274. District Manager. Bartlett (MD) Blumenauer Brown, Corrine

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.046 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3433 Brown-Waite, Grijalva McNulty Shays Tanner Vitter This will be a 5-minute vote. Ginny Gutierrez Meehan Sherman Tauscher Walden (OR) Burgess Gutknecht Meek (FL) Sherwood Tauzin Walsh The vote was taken by electronic de- Burns Hall Meeks (NY) Shimkus Taylor (MS) Wamp vice, and there were—yeas 409, nays 0, Burton (IN) Harman Menendez Shuster Taylor (NC) Waters not voting 25, as follows: Calvert Harris Mica Simmons Terry Watson [Roll No. 147] Camp Hart Michaud Simpson Thomas Watt Cannon Hastings (FL) Millender- Skelton Thompson (CA) Waxman YEAS—409 Smith (NJ) Thompson (MS) Cantor Hastings (WA) McDonald Weiner Smith (TX) Thornberry Ackerman Delahunt Jefferson Capito Hayes Miller (FL) Weldon (FL) Capps Hayworth Miller (MI) Smith (WA) Tiahrt Aderholt DeLauro Jenkins Weldon (PA) Akin DeLay John Cardin Hefley Miller (NC) Snyder Tiberi Weller Alexander DeMint Johnson (CT) Cardoza Hensarling Miller, Gary Solis Toomey Wicker Allen Deutsch Johnson (IL) Carson (IN) Herger Miller, George Souder Towns Wilson (NM) Andrews Diaz-Balart, L. Johnson, E. B. Carson (OK) Hill Mollohan Spratt Turner (OH) Wilson (SC) Baca Diaz-Balart, M. Johnson, Sam Carter Hinchey Moore Stark Turner (TX) Wolf Bachus Dicks Jones (NC) Case Hinojosa Moran (KS) Stearns Udall (CO) Baird Doggett Kanjorski Castle Hobson Murphy Stenholm Udall (NM) Woolsey Baker Dooley (CA) Kaptur Chabot Hoeffel Murtha Stupak Upton Wu Baldwin Doolittle Keller Chocola Hoekstra Musgrave Sullivan Van Hollen Wynn Ballance Doyle Kelly Clay Holden Myrick Sweeney Velazquez Young (AK) Ballenger Dreier Kennedy (MN) Clyburn Nadler Tancredo Visclosky Young (FL) Holt Barrett (SC) Duncan Kennedy (RI) Coble Hooley (OR) Napolitano ANSWERED ‘‘PRESENT’’—5 Bartlett (MD) Dunn Kildee Cole Hostettler Neal (MA) Barton (TX) Edwards Kilpatrick Collins Houghton Nethercutt Ackerman Kucinich Tierney Capuano Strickland Bass Ehlers Kind Cooper Hoyer Ney Beauprez Emanuel King (IA) Costello Hulshof Northup NOT VOTING—26 Bell Emerson King (NY) Cox Hunter Norwood Bereuter Engel Kingston Becerra Fossella Moran (VA) Cramer Inslee Nunes Berkley English Kirk Boyd Gephardt Crane Isakson Nussle Owens Berman Eshoo Kleczka Burr Gilchrest Crenshaw Israel Oberstar Pickering Berry Etheridge Kline Buyer Honda Crowley Issa Obey Serrano Biggert Evans Knollenberg Combest Hyde Cubin Istook Olver Slaughter Bilirakis Everett Kolbe Conyers Jones (OH) Culberson Jackson (IL) Ortiz Smith (MI) Bishop (GA) Farr Kucinich Davis (AL) Kaptur Cummings Jackson-Lee Osborne Wexler Bishop (NY) Fattah LaHood Dingell Lipinski Cunningham (TX) Ose Whitfield Bishop (UT) Feeney Lampson Fletcher McCarthy (MO) Davis (CA) Janklow Otter Blackburn Ferguson Langevin Davis (FL) Jefferson Oxley ANNOUNCEMENT BY THE SPEAKER PRO Blumenauer Filner Lantos Davis (IL) Jenkins Pallone Blunt Flake Larsen (WA) TEMPORE. Davis (TN) John Pascrell Boehlert Foley Larson (CT) Davis, Jo Ann Johnson (CT) Pastor The SPEAKER pro tempore (Mr. Boehner Forbes Latham Davis, Tom Johnson (IL) Paul CULBERSON) (during the vote). Members Bonilla Ford LaTourette Deal (GA) Johnson, E. B. Payne are advised that there are 2 minutes re- Bonner Frank (MA) Leach DeFazio Johnson, Sam Pearce Bono Franks (AZ) Lee DeGette Jones (NC) Pelosi maining to vote. Boozman Frelinghuysen Levin Delahunt Kanjorski Pence Boswell Frost Lewis (CA) DeLauro Keller Peterson (MN) b 1855 Boucher Gallegly Lewis (GA) DeLay Kelly Peterson (PA) Mr. STRICKLAND changed his vote Bradley (NH) Garrett (NJ) Lewis (KY) DeMint Kennedy (MN) Petri Brady (PA) Gerlach Linder Deutsch Kennedy (RI) Pitts from ‘‘yea’’ to ‘‘present.’’ Brady (TX) Gibbons LoBiondo Diaz-Balart, L. Kildee Platts So (two-thirds having voted in favor Brown (OH) Gillmor Lofgren Diaz-Balart, M. Kilpatrick Pombo thereof) the rules were suspended and Brown (SC) Gingrey Lowey Dicks Kind Pomeroy Brown, Corrine Gonzalez Lucas (KY) Doggett King (IA) Porter the resolution, as amended, was agreed Brown-Waite, Goode Lucas (OK) Dooley (CA) King (NY) Portman to. Ginny Goodlatte Lynch Doolittle Kingston Price (NC) The result of the vote was announced Burgess Gordon Majette Doyle Kirk Pryce (OH) as above recorded. Burns Goss Maloney Dreier Kleczka Putnam Burton (IN) Granger Manzullo Duncan Kline Quinn A motion to reconsider was laid on Calvert Graves Markey Dunn Knollenberg Radanovich the table. Camp Green (TX) Marshall Edwards Kolbe Rahall Stated for: Cannon Green (WI) Matheson Ehlers LaHood Ramstad Cantor Greenwood Matsui Emanuel Lampson Rangel Mr. PICKERING. Mr. Speaker, on rollcall Capito Grijalva McCarthy (NY) Emerson Langevin Regula No. 146 I was inadvertently detained. Had I Capps Gutierrez McCollum Engel Lantos Rehberg been present, I would have voted ‘‘yeas.’’ Capuano Gutknecht McCotter English Larsen (WA) Renzi Cardin Hall McCrery Eshoo Larson (CT) Reyes f Cardoza Harman McDermott Etheridge Latham Reynolds Carson (IN) Harris McGovern Evans LaTourette Rodriguez ANNOUNCEMENT BY THE SPEAKER Carson (OK) Hart McHugh Everett Leach Rogers (AL) PRO TEMPORE Carter Hastings (FL) McInnis Farr Lee Rogers (KY) Case Hastings (WA) McIntyre Fattah Levin Rogers (MI) The SPEAKER pro tempore. Pursu- Castle Hayes McKeon Feeney Lewis (CA) Rohrabacher ant to clause 8 of rule XX, the next Chabot Hayworth McNulty Ferguson Lewis (GA) Ros-Lehtinen question will be conducted as a 5- Chocola Hefley Meehan Filner Lewis (KY) Ross Clay Hensarling Meek (FL) Flake Linder Rothman minute vote. Clyburn Herger Meeks (NY) Foley LoBiondo Roybal-Allard f Coble Hill Menendez Forbes Lofgren Royce Cole Hinchey Mica Ford Lowey Ruppersberger CONGRATULATING UNITED Collins Hinojosa Michaud Frank (MA) Lucas (KY) Rush Cooper Hobson Millender- Franks (AZ) Lucas (OK) Ryan (OH) STATES CAPITOL POLICE ON Costello Hoeffel McDonald Frelinghuysen Lynch Ryan (WI) 175TH ANNIVERSARY Cox Hoekstra Miller (FL) Frost Majette Ryun (KS) Cramer Holden Miller (MI) Gallegly Maloney Sabo The SPEAKER pro tempore. The Crane Holt Miller (NC) Garrett (NJ) Manzullo Sanchez, Linda pending business is the question of sus- Crenshaw Hooley (OR) Miller, Gary Gerlach Markey T. pending the rules and agreeing to the Crowley Hostettler Miller, George Gibbons Marshall Sanchez, Loretta concurrent resolution, H. Con. Res. 156. Cubin Houghton Mollohan Gillmor Matheson Sanders Culberson Hoyer Moore Gingrey Matsui Sandlin The Clerk read the title of the con- Cummings Hulshof Moran (KS) Gonzalez McCarthy (NY) Saxton current resolution. Cunningham Hunter Murphy Goode McCollum Schakowsky The SPEAKER pro tempore. The Davis (CA) Inslee Murtha Goodlatte McCotter Schiff Davis (FL) Isakson Musgrave Gordon McCrery Schrock question is on the motion offered by Davis (IL) Israel Myrick Goss McDermott Scott (GA) the gentleman from Georgia (Mr. LIN- Davis (TN) Issa Nadler Granger McGovern Scott (VA) DER) that the House suspend the rules Davis, Jo Ann Istook Napolitano Graves McHugh Sensenbrenner and agree to the concurrent resolution, Davis, Tom Jackson (IL) Neal (MA) Green (TX) McInnis Sessions Deal (GA) Jackson-Lee Nethercutt Green (WI) McIntyre Shadegg H. Con. Res. 156, on which the yeas and DeFazio (TX) Ney Greenwood McKeon Shaw nays are ordered. DeGette Janklow Northup

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.031 H29PT1 H3434 CONGRESSIONAL RECORD — HOUSE April 29, 2003 Norwood Ros-Lehtinen Sweeney concurrent resolution, H. Con. Res. 149, Marshall Peterson (PA) Smith (NJ) Nunes Ross Tancredo as amended. Matheson Petri Smith (TX) Nussle Rothman Tanner Matsui Pickering Smith (WA) Oberstar Roybal-Allard Tauscher The Clerk read the title of the con- McCarthy (NY) Pitts Snyder Obey Royce Tauzin current resolution. McCollum Platts Solis Olver Ruppersberger Taylor (MS) The SPEAKER pro tempore. The McCotter Pombo Souder Ortiz Rush Taylor (NC) McCrery Pomeroy Spratt Osborne Ryan (OH) Terry question is on the motion offered by McDermott Porter Stark Ose Ryan (WI) Thomas the gentleman from South Dakota (Mr. McGovern Portman Stearns Otter Ryun (KS) Thompson (CA) JANKLOW) that the House suspend the McHugh Price (NC) Stenholm Oxley Sabo McInnis Pryce (OH) Thompson (MS) Strickland Pallone Sanchez, Linda rules and agree to the concurrent reso- McIntyre Putnam Thornberry Stupak Pascrell T. lution, H. Con. Res. 149, as amended, on McKeon Quinn Tiahrt Sullivan Pastor Sanchez, Loretta McNulty Radanovich Tiberi which the yeas and nays are ordered. Sweeney Paul Sandlin Tierney Meehan Rahall Payne Saxton The vote was taken by electronic de- Tancredo Toomey Meek (FL) Ramstad Pearce Schakowsky vice, and there were—yeas 411, nays 0, Meeks (NY) Rangel Tanner Towns Pelosi Schiff Menendez Regula Tauscher Turner (OH) not voting 23, as follows: Pence Schrock Mica Rehberg Tauzin Turner (TX) Peterson (MN) Scott (GA) [Roll No. 148] Michaud Renzi Taylor (MS) Udall (CO) Peterson (PA) Scott (VA) Millender- Reyes Taylor (NC) Udall (NM) YEAS—411 Petri Sensenbrenner McDonald Reynolds Terry Pickering Sessions Upton Abercrombie Cubin Hefley Miller (FL) Rodriguez Thomas Pitts Shadegg Van Hollen Ackerman Culberson Hensarling Miller (MI) Rogers (AL) Thompson (CA) Platts Shaw Velazquez Aderholt Cummings Herger Miller (NC) Rogers (KY) Thompson (MS) Pombo Shays Visclosky Akin Cunningham Hill Miller, Gary Rogers (MI) Thornberry Pomeroy Sherman Vitter Alexander Davis (CA) Hinchey Miller, George Rohrabacher Tiahrt Porter Sherwood Walden (OR) Allen Davis (FL) Hinojosa Mollohan Ros-Lehtinen Tiberi Portman Shimkus Walsh Andrews Davis (IL) Hobson Moore Ross Tierney Baca Davis (TN) Hoeffel Price (NC) Shuster Wamp Moran (KS) Rothman Toomey Bachus Davis, Jo Ann Hoekstra Pryce (OH) Simmons Waters Moran (VA) Roybal-Allard Towns Baird Davis, Tom Holden Putnam Simpson Watson Murphy Royce Turner (OH) Watt Baker Deal (GA) Holt Quinn Skelton Murtha Ruppersberger Turner (TX) Waxman Baldwin DeFazio Hooley (OR) Radanovich Smith (MI) Musgrave Rush Udall (CO) Weiner Ballance DeGette Hostettler Rahall Smith (NJ) Myrick Ryan (OH) Udall (NM) Weldon (FL) Barrett (SC) Delahunt Houghton Ramstad Smith (TX) Nadler Ryan (WI) Upton Weldon (PA) Bartlett (MD) DeLauro Hoyer Rangel Smith (WA) Napolitano Ryun (KS) Van Hollen Weller Barton (TX) DeLay Hulshof Regula Snyder Neal (MA) Sabo Velazquez Wicker Bass DeMint Hunter Rehberg Solis Nethercutt Sanchez, Linda Visclosky Renzi Souder Wilson (NM) Beauprez Deutsch Inslee Ney T. Vitter Reyes Spratt Wilson (SC) Bell Diaz-Balart, L. Isakson Northup Sanchez, Loretta Walden (OR) Reynolds Stark Wolf Bereuter Diaz-Balart, M. Israel Norwood Sandlin Walsh Rodriguez Stearns Woolsey Berkley Dicks Issa Nunes Saxton Wamp Rogers (AL) Stenholm Wu Berman Doggett Istook Nussle Schakowsky Waters Rogers (KY) Strickland Wynn Berry Dooley (CA) Jackson (IL) Oberstar Schiff Rogers (MI) Stupak Young (AK) Biggert Doolittle Jackson-Lee Obey Schrock Watson Rohrabacher Sullivan Young (FL) Bilirakis Doyle (TX) Olver Scott (GA) Watt Bishop (GA) Dreier Janklow Ortiz Scott (VA) Waxman NOT VOTING—25 Bishop (NY) Duncan Jefferson Osborne Sensenbrenner Weiner Weldon (FL) Abercrombie Fletcher Moran (VA) Bishop (UT) Dunn Jenkins Ose Sessions Blackburn Edwards John Weldon (PA) Becerra Fossella Owens Otter Shadegg Blumenauer Ehlers Johnson (CT) Weller Boyd Gephardt Sanders Oxley Shaw Blunt Emanuel Johnson (IL) Wicker Burr Gilchrest Serrano Pallone Shays Boehlert Emerson Johnson, E. B. Wilson (NM) Buyer Honda Slaughter Pascrell Sherman Boehner Engel Johnson, Sam Wilson (SC) Combest Hyde Wexler Pastor Sherwood Bonilla English Jones (NC) Paul Shimkus Wolf Conyers Jones (OH) Whitfield Davis (AL) Lipinski Bonner Eshoo Jones (OH) Payne Shuster Woolsey Dingell McCarthy (MO) Bono Etheridge Kanjorski Pearce Simmons Wu Boozman Evans Kaptur Pelosi Simpson Wynn ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boswell Everett Keller Pence Skelton Young (AK) Boucher Farr Kelly Peterson (MN) Smith (MI) Young (FL) The SPEAKER pro tempore (Mr. Bradley (NH) Fattah Kennedy (MN) CULBERSON) (during the vote). Members Brady (PA) Feeney Kennedy (RI) NOT VOTING—23 are reminded they have 2 minutes in Brady (TX) Ferguson Kildee Ballenger Dingell McCarthy (MO) which to cast their votes. Brown (OH) Filner Kilpatrick Brown (SC) Flake Kind Becerra Fletcher Owens Boyd Fossella b 1902 Brown, Corrine Foley King (IA) Sanders Brown-Waite, Forbes King (NY) Burr Gephardt Serrano So (two-thirds having voted in favor Ginny Ford Kingston Buyer Gilchrest Slaughter thereof) the rules were suspended and Burgess Frank (MA) Kirk Combest Honda Wexler Burns Franks (AZ) Kleczka Conyers Hyde Whitfield the concurrent resolution was agreed Burton (IN) Frelinghuysen Kline Davis (AL) Lipinski to. Calvert Frost Knollenberg ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The result of the vote was announced Camp Gallegly Kolbe as above recorded. Cannon Garrett (NJ) Kucinich The SPEAKER pro tempore (Mr. Cantor Gerlach LaHood CULBERSON)(during the reading). Mem- A motion to reconsider was laid on Capito Gibbons Lampson the table. Capps Gillmor Langevin bers are advised they have 2 minutes Capuano Gingrey Lantos within which to cast their vote. f Cardin Gonzalez Larsen (WA) ANNOUNCEMENT BY THE SPEAKER Cardoza Goode Larson (CT) Carson (IN) Goodlatte Latham b 1919 PRO TEMPORE Carson (OK) Gordon LaTourette So (two-thirds having voted in favor The SPEAKER pro tempore. Pursu- Carter Goss Leach Case Granger Lee thereof) the rules were suspended and ant to clause 8 of rule XX, this next Castle Graves Levin the concurrent resolution, as amended, question will be conducted as a 15- Chabot Green (TX) Lewis (CA) was agreed to. minute vote. Chocola Green (WI) Lewis (GA) Clay Greenwood Lewis (KY) The result of the vote was announced f Clyburn Grijalva Linder Coble Gutierrez LoBiondo as above recorded. EXPRESSING SUPPORT FOR THE Cole Gutknecht Lofgren The title of the concurrent resolution CELEBRATION OF PATRIOTS’ Collins Hall Lowey was amended so as to read: ‘‘Concur- DAY AND HONORING THE NA- Cooper Harman Lucas (KY) Costello Harris Lucas (OK) rent Resolution expressing support for TION’S FIRST PATRIOTS Cox Hart Lynch the celebration of Patriots’ Day and The SPEAKER pro tempore. The Cramer Hastings (FL) Majette honoring the Nation’s first patriots.’’. Crane Hastings (WA) Maloney pending business is the question of sus- Crenshaw Hayes Manzullo A motion to reconsider was laid on pending the rules and agreeing to the Crowley Hayworth Markey the table.

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.032 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3435 PERSONAL EXPLANATION few people are even aware of the grav- CLIMATE INFORMATION AND POTENTIAL IMPACTS FOR ERITREA AND ETHIOPIA Ms. SLAUGHTER. Mr. Speaker, I was un- ity of the situation. This month’s edition of Christianity Background—This report contains the lat- able to be present for rollcall votes 146, 147, Today includes an article detailing the est information from the Department of and 148 due to medical reasons. Had I been imminent devastation. Africa is on the Commerce (DOC)/National Oceanic and At- present, I would have voted ‘‘yea’’ on rollcall brink of a crisis of Biblical propor- mospheric Administration (NOAA) on weath- votes 146, 147, and 148. er and climate status, impact and outlook, tions, yet regular readers of The Wash- including potential impacts on food security f ington Post, The New York Times, and or hydrology for the following countries (the PERSONAL EXPLANATION nearly every other major news outlet Appendix describes the weekly Africa Weath- would have no idea. er Hazards Assessment also attached): Mr. FLETCHER. Mr. Speaker, on Tuesday, In 1984, 8 million people were in need Eastern Africa: Eritrea, Ethiopia. April 29, 2003, had I been present for rollcall of food aid. This past January, more CLIMATE STATUS, IMPACT AND OUTLOOK vote Nos. 146, 147, and 148, I would have than 11 million people struggled for Eastern Africa: These countries are just voted the following way: Rollcall vote No. 146 their next meal. When I visited Ethi- entering their rainy season. Emphasis is on ‘‘Aye’’; rollcall vote No. 147 ‘‘Aye’’; rollcall vote opia in January, I saw women and chil- current conditions and the impacts sug- No. 148 ‘‘Aye.’’ dren, one, this young girl, who were too gested by the seasonal forecasts. ERITREA f weak to feed themselves. Today, the situation is even more distressing. Climatology ELECTION OF MEMBER TO The war in Iraq has demanded our at- Eritrea has two major climate regimes, the COMMITTEE ON RESOURCES tention, but we cannot allow this silent desert lowland climate and the wetter, cool- er highland climate. Mr. KINGSTON. Mr. Speaker, I offer emergency to grow worse. The lives of millions of women and children depend The desert lowlands extend along the Red a resolution (H. Res. 205) and ask unan- Sea coast. Annual rainfall amounts average imous consent for its immediate con- on this story being shared loudly and less than 8 inches and summertime max- sideration. boldly. How will history judge our re- imum temperatures often exceed 100°F. The Clerk read the resolution, as fol- sponse if millions die while more could Nighttime lows during the summer are typi- lows: have been done. cally around 90°F. Madam Speaker, I include a copy of a In the highlands, the climate is cooler and H. RES. 205 letter I sent to President Bush regard- wetter, with annual average rainfall Resolved, That the following Member be ing this matter, and factual informa- amounts ranging from 18 to 24 inches. In the ∼ and is hereby elected to the following stand- tion regarding Eritrea and Ethiopia. Eritrean capital, Asmara (elevation 7700 ing committee of the House of Representa- The material referred to is as follows: feet), summertime high temperatures are typically in the upper tives: 60s and low 70s with nighttime lows in the upper 50s and lower HOUSE OF REPRESENTATIVES, Committee on Resources: Mr. PUTNAM. 60s. Washington, DC, April 29, 2003. The SPEAKER pro tempore. Is there Hon. GEORGE W. BUSH, Current Status objection to the request of the gen- President, The White House, Dryness in recent years has resulted in tleman from Georgia? Washington, DC. long-term drought conditions across south- There was no objection. DEAR MR. PRESIDENT: I am writing to en- ern Eritrea. Over the last week we have seen The resolution was agreed to. courage you to recommend that a special a shift in the precipitation patterns with envoy for hunger be appointed by U.N. Sec- light rainfall extending northward into cen- A motion to reconsider was laid on retary General Kofi Annan. tral and southern Eritrea. Based on the Na- the table. While Jim Morris, the director of the tional Weather Service Global Forecast f World Food Programme, is aggressively model this rainfall of less than about 1⁄2 inch drawing attention to this crisis, it was dis- per day is expected to continue through the COMMUNICATION FROM HON. tressing to read the recent cable from the next 4 days through April 21. Temperatures NANCY PELOSI, DEMOCRATIC American ambassador in Ethiopia describing have been near-normal. LEADER a grimmer outlook for the coming months Outlook and Impact than had previously been expected. The cable May–July 2003: Near to above normal rain- The SPEAKER pro tempore laid be- and the latest NOAA weather forecast (both fall and above normal temperatures are ex- enclosed), which revises expectations for fore the House the following commu- pected throughout most of the country, crop viability downward, paint a bleak out- nication from the Hon. Nancy Pelosi, which would benefit seasonal crops. How- look for millions of Ethiopians for months to Democratic Leader: ever, poor pasture conditions and long-term come. Perhaps you might want to look at moisture deficits are likely to persist. HOUSE OF REPRESENTATIVES, this idea and urge the U.N. to appoint this Washington, DC, April 29, 2003. August–October 2003: Near to above normal special envoy for a year. rainfall and above normal temperatures are Hon. J. DENNIS HASTERT, I know that the U.S. has undertaken a expected throughout most of the country, Speaker of the House, House of Representatives, number of other steps to respond to the fam- which would benefit seasonal crops. Washington, DC. ine in Ethiopia and around the world, but I DEAR MR. SPEAKER: pursuant to (section feel that while the United States is doing a ETHIOPIA 1238(b)(3)) of the Floyd D. Spence National good job, it is important to enlist greater Climatology: Defense Authorization Act for Fiscal Year help from the other nations who have not Ethiopia has three major climate regimes, 2001 (P.L. 106–398), I hereby reappoint Mr. fully participated. I am in no way doubting the highlands, the southern and eastern George Becker of Pennsylvania, for a term to Mr. Morris’s efforts or abilities, but believe parts of the country, and north central Ethi- expire on December 31, 2005 and Mr. Michael that a special envoy could augment and com- opia. Wessel of Virginia, for a term to expire on plement his efforts. The highlands cover most of western Ethi- December 31, 2004, to the United States- Many European news outlets have run sto- opia and are at elevations ranging from 3,000 China Security Review Commission. ries in recent days on the growing number of to well over 8,000 feet. In the Ethiopian High- Best regards, Africans, whose lives are now in jeopardy. lands, there is one rainy season which begins NANCY PELOSI, The Ethiopian Government is planning an- in May and runs through September. The Democratic Leader. other ‘Live-Aid’ concert to re-energize the heaviest rains typically fall in July and Au- f donor community and draw international at- gust. From October through April, rainfall is tention to the situation. The momentum of typically light. Average annual rainfall AFRICA ON BRINK OF this concert, coupled with the appointment across the Ethiopian Highlands can exceed 60 DEVASTATING FAMINE of a U.N. special envoy, may help draw inches. Average summer maximum tempera- enough attention and resources to the con- tures in the highlands are in the 60s and av- (Mr. WOLF asked and was given per- tinent and save the lives of millions of erage minimums are in the 50s. mission to address the House for 1 women and children. Addis Ababa, the capital and largest city minute and to revise and extend his re- In Matthew 25, Jesus talks about the obli- (elevation ∼7700 feet), averages 47.7 inches of marks.) gation to feed the hungry. I have noticed rainfall per year and has average summer- Mr. WOLF. Madam Speaker, I cannot that in these villages and camps in Africa, it time maximums in the upper 60s and mini- believe it is happening again. A famine is the women and the children who are pow- mums in the mid-50s. However, extremes worse than the one that devastated erless and who are dying. range from the 30s to the 90s. In general, the Your consideration would be appreciated. mountain weather is highly variable. Ethiopia in 1984 threatens the lives of Sincerely, In the southern and eastern parts of the millions of Africans. This is happening FRANK R. WOLF, country, there are two rainy seasons, sepa- right now, today, and tragically, very Member of Congress. rated by a dry season. The first rainy season

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.037 H29PT1 H3436 CONGRESSIONAL RECORD — HOUSE April 29, 2003 occurs in April and May and is the major wet 2. The bulletin is placed on the Climate population. The top leading causes of season accounting for most of the region’s Prediction Center (CPC), National Weather death plaguing the African American annual rainfall. Rainfall typically tapers off Service (NWS) web site—htt:// population are heart disease; cancer; during June, July and August. This is fol- www.cpc.ncep.noaa.gov/products/fews cerebrovascular diseases, predomi- lowed by a second minor wet season in Sep- 3. CPC’s web site is hotlinked to the tember and October. Average annual rainfall USAID/FEWS homepage at: http:// nantly stroke; and diabetes. in this regime ranges from about 30 inches in www.fews.net/ In the Hispanic population, the lead- the southwest to less than 10 inches in the The Africa Weather Hazards Assessment ing causes of death are heart disease, southeast. Average summer maximum tem- provides discussions and graphics which cancer, and unattended injuries. peratures are in the 90s and average mini- highlight areas of concern to policy makers, In Indiana, a 20 percent excess mor- mums are in the 70s. relief workers, decision makers and others tality rate from incidence of heart dis- The third major climate regime occurs in with interest in the African continent. ease exists for African Americans in the Afar region of Ethiopia and the sur- NOAA’s CPC produces daily, weekly, 10-day, comparison to whites; a 23 percent ex- rounding areas. Afar is in northern Ethiopia and monthly precipitation estimates for the cess mortality rate from incidence of Africa region, and also monitors meteorolog- and shares a border with Eritrea and cancer exists for African Americans in Djibouti. The first rainy season in this area ical and climatic phenomena for the con- occurs during March, April and May and is tinent. CPC monitors dryness, drought, comparison to whites; a 23 percent ex- the minor wet season. Most of the rain falls flooding, temperature extremes, cyclones, cess mortality rate from incidence of during the second wet season which occurs and organized storm systems. This informa- cerebrovascular disease, predominantly during July and August. Except for occa- tion is included in the weekly weather haz- stroke, exists for blacks by compari- sional showers, the region is dry from mid- ards product as guidance to help users make son; a 105 percent excess mortality rate September through February. Average an- more accurage, relevant decisions. from the incidence of diabetes exists nual rainfall in this regime is less than 10 With support from the USAID/FEWS, for blacks in comparison to whites. inches. Average summer maximum tempera- NOAA anticipate developing a similar week- These excess rates not only take life, ly bulletin for Central America over the next tures are in the 90s and average minimums but create economic hardships of hos- are in the 70s. few months. Information on the seasonal outlooks is a pitalization, prescription drugs, and Current Status: result of a partnership between the NOAA/ loss of income. Dryness in recent years has resulted in NWS Africa Desk and the NOAA-sponsored April is National Minority Health long-term drought conditions across Ethio- International Research Institute for Climate Month. We need to use this time to re- pia’s Afar region and southern Eritrea, and Prediction. flect on what changes need to be made adjacent portions of Ethiopia’s Tigray, Am- hara and Oromiya regions. There are also in- f in the way we view access to health dications conditions are becoming drier SPECIAL ORDERS and who gets the best treatment. across parts of southeastern Ethiopia. Over In Indiana, African Americans die at the last week we have seen a shift in the pre- The SPEAKER pro tempore. Under a higher rate, 25 percent. Per 100,000 cipitation patterns with light rainfall ex- the Speaker’s announced policy of Jan- population, cancer, 72 percent more Af- tending northward into central Ethiopia. uary 7, 2003, and under a previous order rican Americans; diabetes, 33 percent Based on the National Weather Service Glob- of the House, the following Members more deaths; heart disease, 73 more Af- al Forecast model this rainfall of less than will be recognized for 5 minutes each: rican American deaths; stroke, 18 per- 1 about ⁄2 inch per day is expected to continue f cent more deaths. through the next 4 days through April 21. MINORITY HEALTH DISPARITIES The numbers are very troubling and Temperatures have been near normal. alarming. Mr. Speaker, we must do Outlook and Impact: The SPEAKER pro tempore. Under a something to counteract the disparity The Experimental Climate Outlook from previous order of the House, the gentle- in health care and health insurance for NOAA’s Climate Prediction Center (CPC) and woman from Indiana (Ms. CARSON) is minorities across this country. the International Research Institute indi- recognized for 5 minutes. Last year, the Institute of Medicine cate the outlook for Ethiopia as follows: Ms. CARSON of Indiana. Mr. Speak- came out with a study: ‘‘Unequal May–July 2003: There is a small increase in er, I would like to first extend my grat- the probability for above normal rainfall in Treatment: Confronting Racial and northwest Ethiopia. This region is one of the itude to the gentlemen from Texas, Mr. Ethnic Disparities in Health Care.’’ It wettest parts in the country. There is also a RODRIGUEZ and Mr. HINOJOSA, along found that racial and ethnic minorities small increase in the probability for below with the Congressional Hispanic Cau- in the United States tend to receive normal rainfall in southeastern Ethiopia, cus, for organizing this special order lower quality health care than any oth- which is semi-arid grassland. Normal rainfall tonight to discuss minority health ers. is expected for the remainder of the country. issues. The report made many recommenda- Some improvement in long-term drought Earlier today, the Congressional tions as to what should be done; and conditions is expected, however, poor pasture Black Caucus, the Congressional Asian certainly, Mr. Speaker, we need to con- conditions and long-term moisture deficits Pacific American Caucus, the Congres- are likely to persist in the Afar region. The sider very seriously universal health potential exists for an increase in long-term sional Hispanic Caucus, and the Con- care, not just to undergird the dispari- rainfall deficits and vegetation stress in gressional Native American Caucus ties that exist in minority health care, parts of southeastern Ethiopia. held a rally to call attention to the but to ensure that people across racial August–October 2003: Near to above normal need to increase health care access. and economic lines access quality med- rainfall and above normal temperatures are In my home State of Indiana, Mr. ical care in the same spirit and in the expected throughout most of the country, Speaker, there were over 1.4 million same way that current Members of which would benefit seasonal crops. people who did not have health insur- Congress do. APPENDIX ance at some point last year. That is 26 Mr. Speaker, again I would like to It is important to recognize that many of percent of the nonelderly population. commend the gentleman from Texas the issues discussed are regional in nature. Universal, affordable access to health (Mr. RODRIGUEZ) for calling this special This is exemplified by the attached figure care would be a major factor in elimi- order tonight. I trust that at the end of which depicts the most recent weekly Africa nating the vast health disparities for Weather Hazards Assessment. NOAA, with the conversation and the dialogue, that support from the U.S. Agency for Inter- minority populations. Affordable ac- America will be better informed and national Development (USAID) Famine cess to health care for the minority Congress will be moved to act. populations is a matter of economics as Early Warning System (FEWS), has the lead f for preparing this bulletin, using informa- well as life. tion from NOAA, NASA, and USGS. It is dis- I am sure many Members of Con- GET THE U.S. OUT OF THE U.N. tributed as follows: gress, Mr. Speaker, saw today where The SPEAKER pro tempore. Under a 1. By electronic mail to the Department of Bethlehem Steel in Maryland has sold previous order of the House, the gen- State, USAID/FEWS, field contractor out to another company, and all of the tleman from Texas (Mr. PAUL) is recog- Chemonics staff, USGS, and NASA. Recipi- ents also include the Drought Monitoring longstanding, hardworking employees nized for 5 minutes. Centers in Nairobi, Kenya, and Harare, there subsequently lost their health in- Mr. PAUL. Mr. Speaker, I rise today Zimbabwe, Agrhymet in Niamey, Niger, and surance. to urge the leadership of this body to the Southern Africa Development Commu- In Indiana, black or African Ameri- bring a very important vote to the nity in Gaborone, Botswana. cans comprise 8.4 percent of Indiana’s House floor.

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.043 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3437 I recently introduced H.R. 1146, the upon the American people or Govern- Mr. Speaker, I am pleased tonight to American Sovereignty Restoration ment. The U.N. has no authority to also be joined by the vice chairman of Act, which would end our participation make laws that bind American citizens the Congressional Hispanic Caucus, the in the United Nations. Millions of because it does not derive its powers gentlewoman from California (Mrs. Americans have begun to question why from the consent of the American peo- NAPOLITANO). I am extremely pleased we continue to spend $300 million each ple. We need to stop speaking of U.N. that we have this opportunity and the year funding and housing an organiza- resolutions and edicts as if they rep- gentlewoman joins me here tonight, tion that is actively hostile to Amer- resented legitimate laws or treaties. and I want to recognize the gentle- ican interests. Surely Congress, which They do not. woman at this point in time. routinely spends 15 minutes renaming In conclusion, Mr. Speaker, I am Mrs. NAPOLITANO. Mr. Speaker, I post offices, can spare 15 minutes to merely asking House leadership to thank the gentleman from Texas (Mr. vote on this fundamental issue of schedule a vote on H.R. 1146, the Amer- RODRIGUEZ). It is a pleasure to be here American sovereignty. ican National Sovereignty Act. Ameri- to speak to the issue of health services Obviously, many Americans now cans deserve to know how their rep- that are lacking, sadly, in not only our want to get out of the U.N. because resentatives stand on the critical issue own districts but throughout the they resent its refusal to sanction our of American sovereignty. United States. I am sorry to report, war in Iraq. The administration de- f Mr. Speaker, that the Bush budget sac- serves some credit for ultimately up- The SPEAKER pro tempore (Mr. rifices the health of our Nation to pro- holding the principle that American BURNS). Under a previous order of the vide tax cuts for the wealthiest 1 per- national sovereignty is not a matter of House, the gentleman from Indiana cent. international consensus and that we do (Mr. BURTON) is recognized for 5 min- The budget also fails to adequately not need U.N. authorization to act. utes. address the problem of 41 million who But the administration sent mixed (Mr. BURTON of Indiana addressed go without health insurance; nearly 25 signals by doing everything possible to the House. His remarks will appear percent of those are uninsured chil- obtain such authorization, and by cit- hereafter in the Extensions of Re- dren. Even 25 percent of the moderate- ing U.N. resolutions as justification for marks.) income families cannot afford health our actions. The message seems to be f insurance. And eight out of 10 unin- that the United Nations is credible REPORT ON RESOLUTION PRO- sured Americans are from working when we control it and it does what we families of the United States. Unfortu- want, but lacks all credibility when it VIDING FOR CONSIDERATION OF H.R. 1350, IMPROVING EDUCATION nately, Hispanics especially fall into refuses to do our bidding. this category. Over 33 percent, Mr. Perhaps it is time to stop trying to RESULTS FOR CHILDREN WITH DISABILITIES ACT OF 2003 Speaker, of all Hispanics, 33 percent manipulate the United Nations and are uninsured, compared to 10 percent start asserting our national sov- Mr. SESSIONS (during the special of non-Hispanic whites. order of Mr. RODRIGUEZ), from the ereignty. If we do not, rest assured that This Bush budget cuts funding for Committee on Rules, submitted a priv- the United Nations will continue to Medicaid coverage for children, for ileged report (Rept. No. 108–79) on the interfere, not only in our foreign pol- low-income seniors, for people in nurs- resolution (H. Res. 206) providing for icy, but in our domestic policies, as ing homes, and especially for the dis- consideration of the bill (H.R. 1350) to well. U.N. globalists are not satisfied abled. This budget fails to provide ade- reauthorize the Individuals with Dis- by meddling only in international dis- quate increases for the National Insti- abilities Education Act, and for other putes; they increasingly want to influ- tutes of Health. It cuts funds for rural purposes, which was referred to the ence our domestic, environmental, health care and cuts grants to trained House Calendar and ordered to be trade, labor, tax, and gun laws. doctors at so very critical children’s printed. U.N. global planners fully intend to hospitals. The budget eliminates fund- expand the organization into a true f ing for the Centers of Excellence pro- world government, complete with HISPANIC HEALTH IMPROVEMENT gram, the Health Career Opportunity taxes, courts, and possibly a standing ACT program which increases the number of army. This is not an alarmist state- The SPEAKER pro tempore. Under minority health care providers. We ment; these goals are readily promoted need to ensure linguistically and cul- under on the U.N.’s own Web site. the Speaker’s announced policy of Jan- uary 7, 2003, the gentleman from Texas turally appropriate health care by giv- U.N. planners do not care about na- ing minority students the opportunity tional sovereignty. In fact, they are (Mr. RODRIGUEZ) is recognized for 60 minutes as the designee of the minor- to enter into a health care profession openly hostile toward it. They cor- and assist them with this education rectly view it as an obstacle to their ity leader. Mr. RODRIGUEZ. Mr. Speaker, I and training. By eliminating training plans. They simply are not interested for diversity programs, this adminis- in our Constitution and Republican take this hour tonight to talk about a critical issue back home and that is tration would deny the opportunities form of government. for minorities to succeed. The choice is very clear: we either the issue of access to health care and follow the Constitution, or submit to quality care. In a Nation where we The budget also sacrifices the health U.N. global governance. American na- have some of the greatest research and needs of the most vulnerable to provide tional sovereignty cannot survive if we the greatest strides that we have made tax cuts for the wealthiest. The budget allow our domestic laws to be crafted in health, we still do not have individ- provides, unfortunately, only 38 per- or even influenced by an international uals able to have access to health care. cent of the benefits to the wealthiest 1 body. This needs to be stated publicly The Hispanic Health Improvement percent of the Americans; that is to more often. If we continue down the Act is a comprehensive bill that we say, they are the ones who benefit the U.N. path, America, as we know it, will have filed aimed at improving Hispanic most. While middle-income families cease to exist. health in the United States. Hispanics would get less than one dollar per day, are now the fastest-growing commu- with cuts in Federal aid to health care b 1930 nity and compose 13 percent of the and no increased aid to States, the Noted constitutional scholar Herb United States population; yet they budget would exacerbate the current Titus has thoroughly researched the make up 23 percent of the total unin- trend of higher State and local taxes. United Nations and its purported au- sured population, and nearly 37 percent Now we move into the Congressional thority. Titus explains that the U.N. of Hispanics under the age of 64 find Hispanic Caucus proposing a health charter is not a treaty at all but rather themselves uninsured. We need to care for the uninsured and the Hispanic a blueprint for a supernational govern- make sure that we address the prob- Health Care Improvement Act that my ment that directly violates the Con- lems of the uninsured. We need to colleague was just talking about. It is stitution. As such, the charter is nei- make sure that we address the prob- unfortunate that the number of unin- ther politically nor legally binding lems of access to health care. sured in this Nation is alarming. Too

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.059 H29PT1 H3438 CONGRESSIONAL RECORD — HOUSE April 29, 2003 many people continue to go without in- pregnant women and children in Med- who are referring students and also to surance coverage. The uninsured rep- icaid and the SCHIP program. the people in the whole district. We resent 41 million people, 14.6 percent of The caucus considers the expansion have partnered with the community, our U.S. population, which means that of Medicaid and SCHIP eligibility to be and we have become proactive in look- a quarter of all moderate-income fami- a very critical component in legislative ing at the issues that stress brings to lies cannot afford health insurance. priorities for improving Hispanic our children, that drugs, that cultural Eight out of 10 uninsured Americans health care. The legislation also au- difference and others have in having an are from working families. thorizes diabetes education, preven- impact on our young Hispanic adoles- Just 2 days ago I met, I formed a task tion, and treatment programs designed cents. We have significant success be- force of many factors in my area to lis- to address the needs of Hispanics and cause the community got involved and ten to what their cries are for help other minorities. because there were people who cared from our government. Let me tell you, Lastly, we seek to reduce health care about bringing the issue to the fore- Mr. Speaker, one of the main issues disparities by addressing the lack of front and not worrying about whether was unaffordable health insurance for providers who can provide, again, cul- it was going to be a stigma on the com- their workers. These are manufactur- turally competent and linguistically munity itself. ers who are the backbone of our econ- appropriate care. We geared the program towards the omy in the United States, talking to us The bill also provides for increased adolescents because they have dem- and saying, help, we need to address funding for the Health Resources and onstrated a high level of need; and no this issue which is critical to have Services Administration’s health pro- youngster, whether it is Latino, healthy employees have healthy fami- fessions diversity programs. Unfortu- Latina, whether it is white, African lies so that our employees do not miss nately, the President’s budget proposal American, they are all being provided work. for fiscal year 2003 eliminates virtually services under this program even Over 33 percent of all Hispanics are all funding for these so very important though it is all coming out for a sig- uninsured compared, again, to the 10 programs for our Hispanic community. nificantly designated Latina adoles- percent of non-Hispanic whites. The In addition to promoting diversity, cent program. Hispanic community faces specific the programs support the training of We recently had an on-site visit by hardships in accessing health care. Due professionals in fields that are experi- Charles Curie, the administrator of to their prevalence in low-wage jobs, encing shortages. Mr. Speaker, I have SAMHSA, the Federal organization many do not have access to on-the-job heard from other Members of Congress that provides and oversees the funding; insurance coverage. Combined with a how important some of their districts and they were very pleased and are level of fear and confusion that stems are now in providing access to diverse looking at the possibility of expanding from the complicated laws, many in cultural linguistic services in areas be- the program into other areas because it the community are forced to fall into cause there are Hispanics throughout has been so successful. safety-net programs in times of need. the United States, not just in the We are confident that in bringing While these programs serve many His- southern States. That was the case a these kinds of programs out into Con- panic families, their enrollment num- decade or so ago. gress and sharing them with other bers do not equal their need. We must They are also important for pro- Members that we can see that we have find ways to provide better, more af- moting access to health care services need in our own backyard and that we fordable coverage to more U.S. work- in medically underserved communities, will make this a more important and ing-class families. We need to increase especially rural areas and ag areas. The focal issue so that we can begin to help coverage in enrolling people in all Fed- caucus considers increased funding a our youngsters who are facing stress eral programs such as Medicare, Med- high priority, and we thank our His- and who, in many instances, turn to vi- icaid, and the State Children’s Health panic Congressional Caucus colleagues olence in our schools. Insurance Program. We cannot afford for taking the lead in providing some Mr. Speaker, I thank you for listen- cuts to these programs. There must be of these critical health care services. ing. I thank my colleagues for the hard flexibility and incentives for the States Hopefully, it will be a solution if it is work that they have done on the His- to increase enrollment in times of eco- accepted. panic Health Improvement Act and nomic recession and as our population I lead on to a third component of look forward to seeing some of these increases. We must also ensure that health care and that is mental health. programs be successful. our health care system can provide lin- We talk about it, but we do not really Mr. RODRIGUEZ. Mr. Speaker, I guistically and culturally appropriate bring it out into the open. It is a stig- want to thank the gentlewoman for health care by giving minority stu- ma. And we think we have the ability being here tonight, and I want to thank dents the opportunity to enter and be to do a better job, especially when we the gentlewoman for her work in this successful in health care professions. consider the veterans from prior wars area. I know the gentlewoman has I would like to call attention to the have problems with post-traumatic worked extremely hard. bill which I believe is part of the solu- syndrome and our seniors have depres- I was extremely pleased that when tion of covering the uninsured. This sion problems, and we do very little the gentlewoman came in she recog- week the Congressional Hispanic Cau- about it. We need to have it included in nized a problem in the Latina commu- cus will introduce a Hispanic Health medical coverage, but we also must re- nity in terms of the young ladies com- Improvement Act with the gentle- alize that we have other programs that mitting suicide, and she filed the legis- woman from California (Ms. SOLIS) and will deal with addressing the issues at lation and took it over, and I want to members of the Congressional Hispanic the time the students are in school, personally thank her and hopefully get Caucus. Senator BINGAMAN was gra- whether it is a middle school or a high some resources in this area. Again, I cious enough to introduce companion school. We have started such a program want to take this opportunity to thank legislation in the Senate. This bill was in our area thanks to SAMHSA. We the gentlewoman for being here and first introduced in the 106th Congress, were able to start a pilot project in a sharing her concerns. I know the gen- and it offers a wide variety of strate- high school and three middle schools to tlewoman represents her district well. gies for expanding health care cov- address the issue of what was found 3 erage, improving access, affordability years ago to be a nationwide problem b 1945 and reducing health disparities. The and that was Latina adolescents were Mr. RODRIGUEZ. Mr. Speaker, I legislation provides $33 billion between the highest in the country who had at- would like to also take this oppor- fiscal years 2003 and 2010 for the expan- tempted suicide. tunity to talk a little bit about the sion of the successful State Children’s We were able to get some money to quality of access to health care in this Health Insurance Program, commonly start these programs with a nonprofit Nation. known as SCHIP, to cover uninsured, mental health clinic which has been Today, I had the opportunity of join- low-income, pregnant women and par- very successful and a very acceptable ing many of my colleagues at a rally to ents. In addition, it provides the States program not only to the administra- bring awareness to the uninsured in the option to enroll legal immigrant tors and the teachers, but the parents this Nation. There is a real need for us

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.063 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3439 to come to grips with the fact that we talked about just wiping out the whole In addition, it provides States the op- still have not addressed the problems State Children’s Health Insurance Pro- tion to enroll legal immigrant preg- of the uninsured. We still have not ad- gram, and that would be devastating. nant women and children in Medicaid dressed the problems of our seniors and These programs serve many Hispanic as well as the SCHIP. The Congres- prescription drug coverage. We still families and many Americans through- sional Hispanic Caucus considers the have not addressed the problems re- out this country, but there are still far expansion of both Medicaid and the garding funding in Medicaid and Medi- too many eligible families that are not SCHIP eligibility to be a critical legis- care, as well as the SCHIP program. enrolled in these programs. For His- lative priority for improving Hispanics’ Our States are having a great deal of panics there are unique barriers that health. difficulty, not to mention the dif- prevent access to quality health care. The legislation provides also addi- ficulty of our consumers and our people There are levels of fear and confusion tional resources for targeting diabetes that are falling ill. Unfortunately, too that deters many eligible Hispanic prevention. We target $100 million for many Americans continue to lack families from enrolling in these pro- diabetes. Diabetes is an illness that health insurance. Insuring the health grams. This fear stems from the com- hits Hispanics disproportionately as of all Americans must be a priority for plicated laws barring legal permanent well as African Americans. The impor- our Nation. residents from access to safety nets tance of education school-based pro- There are many myths about the un- that taxes help support. And I am re- grams are critical in the screening ac- insured and why they lack health in- ferring to legal permanent residents. tivities in the area of diabetes. This is surance. Many people to not realize These are individuals that are here le- especially important in our Hispanic just how many Americans are affected gally, working, yet have not become communities. by the lack of health insurance. People citizens and they find themselves with The targeted grant funds of $100 mil- believe that the uninsured are unem- difficulty in terms of having access to lion from our legislation would also ployed and simply choose not to pur- this care. provide support for those who would chase health insurance. Nothing could We need to increase coverage and en- work in the community to help educate be further from the truth. The unin- rollees in all Federal programs to pro- the community and individuals who sured represent 41 million people. And vide insurance such as Medicare and suffer from diabetes to be able to deal in any one given year, we have, at Medicaid and State Children’s Health with the issue. some time, up to 75 million in this Insurance Programs. There must be Lastly, we would seek to reduce country that are uninsured. We have flexibility and incentives for the States health care disparities by addressing 14.6 percent of our population that falls to increase enrollment in times of eco- the lack of providers who can provide into this category. Even 25 percent of nomic recession as the population in- culturally competent and linguistic ap- the moderate income families cannot creases. And we must also ensure that propriate care. The bill provides for increased fund- afford health insurance. Nearly 25 per- our health care systems can provide ing also for HRS health professional di- cent of all uninsured are children. linguistically and culturally appro- versities. Let me just say that right Let me just point out that if someone priate health care by giving minority now one of our problems, one of our dif- does not work for government, and by students the opportunity to enter into ficulties is in the area of health profes- that, whether it be Federal Govern- the health profession. sions, there is a real need for us to ment, State government or local gov- I would like to also call attention to begin to prepare individuals in this ernment, and if an individual does not the bill that was mentioned earlier area. We are still not producing the work for a major corporation, the bot- that allows for coverage of the unin- number of doctors that we need in this tom line is they find themselves with- sured. This week we will be introducing country. We are not producing the out access to insurance. Those working the Hispanics Health Improvement number of nurses that we need in this Act, as has been mentioned. The gen- for small companies, or who work in country. We are not producing the tlewoman from California (Ms. SOLIS) rural America, do not have access to number of health professionals in this as well as other members of the Con- health care. So there is a real need for country. There is a disproportionate us to address this problem and come gressional Hispanic Caucus, will be in- number of Latinos and Hispanics in the together. troducing the legislation, and we are health professions. So we need to con- Eight out of ten uninsured Ameri- going to be talking about some of the centrate on making sure that we pro- cans are from working families. Eight concerns that we have had. As the gen- vide the resources in order for that to out of ten. So the majority of our peo- tlewoman from California (Ms. occur. ple that are uninsured are those that NAPOLITANO) has indicated, Senator And as my colleagues know, the are working yet find themselves not BINGAMAN has been gracious enough to President, in his 2003 budget proposal, poor enough to qualify for Medicaid, introduce companion legislation in the eliminated virtually all funding for yet not having enough resources to be Senate. these important programs that allow able to address the problems when they This landmark legislation is based on this opportunity. In addition to pro- find themselves ill. a previous Hispanic Health Act, which moting the diversity that is needed in Hispanics especially fall into this I personally introduced in the 106th health care, these programs support category. Over 33 percent of all His- Congress and on existing legislation the training of health professionals in panics are uninsured compared to 10 that Senator BINGAMAN has cham- the fields experiencing shortages. percent of the non-Hispanic white pop- pioned in the Senate. The legislation I did not mention the area of phar- ulation. And that percentage rises to 34 offers a variety of different strategies macy, dentistry, the allied health, all percent for nonelderly Hispanics. His- for expanding health care and cov- these areas promote access to health panics rely on many of the Federal pro- erage, as well as improving access and care services in medically underserved grams that provide their only access to affordability and reducing health dis- communities and there is a real need health care, as do millions of low and parities. While I consider each provi- for us to do this. moderate income individuals and work- sion in our bill to be important, I am The Congressional Hispanic Caucus ing families without health insurance. just going to highlight some of the also considers increasing funding for Over 19 percent of all Hispanics depend more urgent ones. these programs as a high priority. As on Medicare for their health care. In order to address the lack of health the Hispanic community continues to So the majority that are seniors are care coverage, the legislation provides grow, the implementation of these pro- in Medicare, but there is a large per- additional resources between 2003 and visions will take on an even greater centage of them where this is the only 2010 for the expansion of the successful importance. The consequences of inac- thing they have. Over 35 percent of all State Children’s Health Insurance Pro- tion will be felt for years to come in Hispanic children depend on the State gram, the SCHIP, to cover the unin- greater health care needs, lower pro- Children’s Health Insurance Program sured low-income pregnant women and ductivity, as well as higher rates of that we help fund, yet our States are parents. So we are talking about going mortality and disability. having difficulty throughout the coun- and making sure we cover women that Let me take this opportunity to just try. At one point, in Texas the State are expecting kids and their parents. indicate how important it is to make

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.065 H29PT1 H3440 CONGRESSIONAL RECORD — HOUSE April 29, 2003 sure that we come up and address these pened at Columbine. We quickly forget Unless we deal with those and attack issues. I know the President is going the problems that we do have, a lot of those as quickly as possible, tuber- throughout the country talking about homeless individuals out there, almost culosis knows no borders. Whenever we another tax cut. The first year of his one-third to 40 percent of whom suffer travel in the global economy, we need administration was spent on a $1.3 tril- from mental health problems. We still to make sure that we treat those as if lion tax cut. That effort was basically have a lot of homeless veterans that they were here because of the fact that spent on the first year. He then spent a suffer from mental illness, from post- they are communicable diseases. They great deal of effort on the war, and now traumatic stress disorders. are serious diseases that impact us, he is spending a great deal of effort on Mr. Speaker, if we look in terms of and there is no doubt that AIDS does taxes when, in reality, here we have a what has happened after 9–11, what oc- kill. problem that we have chosen not to re- curred not only at the Pentagon but It reminds me of a young man who spond to; we have chosen not to ad- what occurred in New York and what said, I thought we dealt with the issue dress. This is a problem that our States has happened throughout this country, of AIDS and it is gone. It is still here, are having that we could help with, not we really need to look at this issue, be- and it still kills. We need to educate only with the budgets in our States cause when people have experienced our young people on the issue of AIDS. throughout this country, but also help things such as that, especially those On tuberculosis, in the late 1980s in to respond and address the problems individuals at the Pentagon and in New the State of Texas, we were going to that confront us. York City, those individuals are going close the hospital for tuberculosis be- The proposal by the administration to be going through some stress. There cause there were no patients. We had to take both the SCHIP program, the is no doubt that some of them will go basically defeated this disease, and yet Medicaid, as well as the dispropor- through post-traumatic stress dis- now we have other strands that we are tionate share is a proposal that hits at orders. So there is a need for us to con- unable to deal with. The reason we the most vulnerable of this country. centrate on the area of mental health have other strands is, number one, peo- The disproportionate share is the and reach out to some of our young ple did not take the medication appro- money that goes to those hospitals, people. priately and other viruses were able to Mr. Speaker, that provide that care for We do not concentrate in mental survive and mutate; and the fact that those indigents that are out there. health with our young and we really we have a lot of homeless that were That money is proposed to be put into need to provide some resources as well able to contract the disease and noth- a block grant. The SCHIP program, as as some research in that area. We have ing happened, they were not treated you well know, is the money that goes too many young people committing the way they should have been. Now we to the working Americans that are out suicide. We need to see how we can ad- have problems with tuberculosis once there that takes care of the children in dress that issue. Sometimes, basically, again, a very serious disease that has case they find themselves in need, and they use alcohol and drugs as a way of an impact on all of us. that program is also being proposed to self-medicating when the real problem On diabetes, it is an area that con- be put into a block grant. And not to lies in the area of mental health prob- cerns me, and it should concern all of mention the Medicaid program, the lems. So as a Nation we really need to us. The majority of people that go most needy one, the one that goes to see how we can address those issues, blind is because of diabetes, and most the most needy of this country, that and I am hoping that we can prioritize of the time it is preventable. A large helps those that are in most need and mental health as an important issue. number of people who lose their limbs that helps hospitals and clinics for I know that we have filed some legis- is because of diabetes, and a lot of their reimbursement rates. lation on social work legislation that times it could have been prevented. Those three programs are the ones deals somewhat with this, especially The quality of life of individuals, not that target the most needy of this right after Columbine, in looking at to mention the cost, both to the indi- country, yet those are the ones he our young people and working with our vidual and to the community as a wants to take and lump up into one schools, in reaching out to our commu- whole when somebody loses their eye- block grant and send it out to the nities in the area of mental health, to sight or their limbs, and so it becomes States and destroy the few programs making sure that our community can really important that we provide re- that are out there that have been ad- cope and our youngsters can deal with sources for prevention, that we provide dressing some of the problems that situations. resources in the area of diabetes. exist. In addition to that, Mr. Speaker, I wanted to take this opportunity to- The proposal to take both the SCHIP, there are a couple of other issues I night to talk about some of those the Medicaid, and the disproportionate wanted to touch base on. issues that we are extremely concerned share, those are the three most impor- about. In addition to that, tomorrow 2000 tant programs that hit at the most b for the first time the Congressional needy of this country and the programs Mr. Speaker, one is the area of AIDS. Hispanic Caucus will also be having a that provide resources for the hospitals In the area of AIDS, we have found day that we call El Dia de Los Ninos, to continue to provide that care. For that we have made some significant the Day of the Children. Children’s us to put that into a lump sum and strides, yet the numbers in the minor- Day. It is usually celebrated in the send it out is going to be devastating, ity community have continued to ex- Mexican community. I know Mexico especially if additional resources do pand. They have continued to grow. In celebrates it, and we celebrate it in not come to bear on the problem that that area, we need to go out and reach Texas. It is a day that we celebrate as seems to be getting worse instead of out. We have, especially in the His- April 30, Children’s Day. It is a day better. panic community, in the Latino com- that we take time to honor our chil- Since the administration has taken munity, we do not have the commu- dren. over, the reality is that the number of nity-based organizations that other Tomorrow we are going to be having uninsured has increased. And based on community groups have, and there is a some hearings on honoring our chil- the numbers of the individuals that real need for us to make sure that we dren, and I wanted to take this oppor- have lost their jobs, those numbers can try to address those needs. So we need tunity to honor our children tonight by only get worse as time goes on. resources in the area of AIDS to ad- also talking about the needs of our Mr. Speaker, I know the gentle- dress those problems. children. Members have heard the sta- woman from California (Ms. When it comes to communicable dis- tistics in terms of the uninsured kids NAPOLITANO) talked a little about men- eases, and we are hearing about the out there; but also our kids need access tal health. I want to share this because problems in China and those diseases, to some of the services in the area of a lot of time we do not talk about the tuberculosis and other diseases, when mental health, as well as some of the mentally ill. Mental health is usually we hear about those types of problems, preventive kinds of services. I wanted an afterthought, and it is an area we we need to treat those, and we need to to take this opportunity to let the really need to look at and consider se- treat those worldwide. If we do not do community know that tomorrow the riously. We quickly forget what hap- that, those viruses will keep growing. Congressional Hispanic Caucus will be

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.066 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3441 having hearings and panels to talk higher number than the rest of the pop- health care, I want to briefly touch about children. ulation. So there is a lot of positives. base on our veterans. Especially after Part of the discussion on children Hispanic kids, there is a great deal of Iraq and after our soldiers come back, will be on the criminal justice system, positive when it comes to their atti- there is a real need for us to reach out the fact that we have a large, dis- tudes towards family, their attitudes to our veterans. Anyone who has that proportionate number of our children towards adults and their parents, and kind of experience has to go through that fall into the criminal justice sys- also their attitude in terms of the re- some degree of stress, and a lot of our tem that we need to look at; and it is spect to elders. I think that we need to veterans suffer from post-traumatic serious when we have an industrialized continue to honor them and recognize stress disorders and so there is a need country such as ours. The numbers are our children as an asset, and as we do for us to concentrate resources. just astronomical in terms of the num- throughout this country as Latinos, we I was extremely pleased when the bers in our criminal justice system. We recognize our children on April 30. To- House took the opportunity to recog- need to see what we can do to address morrow we are going to take that op- nize our troops in Iraq and we did a res- the problem and how we can work with portunity. We call it El Dia de los olution. But that same day around 3 in our children. Ninos, where we are going to have the morning the following day, we also I also wanted to take this oppor- hearings and talk about some of the passed a budget that cut $15 billion tunity as we talk about our children to needs of our kids. As we talk about the from our veterans affairs and from talk about the issue of Head Start. needs of our kids, there is a study that services to our veterans for the next 10 Head Start has been a program that will also be released, and it is called years. That kind of recognition of our has been extremely helpful. It has been Suicide in Latino Children and Adoles- troops and that kind of action does not a program that has been there for our cents, and it is a very startling prob- reflect what we ought to be doing. We children despite the fact that it only lem that talks about some of the dif- need to make sure and hold ourselves addresses 40 percent of the kids that ficulties that we are encountering, accountable to have the resources qualify. It is a program that, based on some of the areas of suicide where it there for our veterans. most of the research that is out there, was almost unseen in the Latino com- I am also disappointed with a lot of has been responsive and has really munity, and that has been climbing. the games that are being played. It has One of the biggest problems in terms given those kids a head start on edu- been talked about that we are dishing of death in this area is, number one, cation. out $121 million to prepare our VA hos- heart deaths. Suicide is number eight. So when we look at those programs pitals for them to prepare in case of a In addition to that, there are still too that have been good for our kids and terrorist attack; yet that $121 million many other items there that rank in children, Head Start has been one of comes from direct services. We really those programs. Head Start has been terms of suicide rates. One of the rankings of the top States based on the need to make sure that we provide ad- under the Department of Health be- ditional resources. In addition to that, cause it is a program that works with suicide rates, Nevada is rated number one, Alaska number two, Wyoming I am extremely disappointed also that our parents. So it helps parents in at the same time we hold veterans and reaching out to the kids. That is also number three, Montana four, Arizona five, New Mexico six, Oregon seven, the administration accountable for ter- extremely important for us. rorist attacks, and we expect the VA, The administration is choosing to ba- Idaho eight, Utah nine, and Maine is number 10 in terms of USA State sui- which has one of the best health sys- sically destroy Head Start and send tems in this country with clinics and that money to the Department of Edu- cide rates. It is important to see some of those hospitals throughout this country, and cation. The reason why we established States with kind of small populations, it would be the best one equipped to re- Head Start was specifically because rural areas. It kind of throws off some spond, yet we have not provided the re- States have been unwilling to provide of the stereotypes that we hear about. sources that they need in order to that early childhood education that Suicide was the eighth leading cause of make that happen. was needed, and that is why we have death in the United States, and respon- Head Start, not to mention the Depart- b 2015 sible for 31,000 deaths, which was more And there are little games that are ment of Education does not go into the than 50 percent the number of homi- being played that, yes, provide the re- areas of health as the Department of cides in the U.S. I want to read that sources. The reality is that every sin- Health does. I would hope and we will again. Suicide was responsible for gle veterans organization has asked continue to push forward to make sure 31,000 deaths, which was more than 50 just for this year alone an additional $3 that the monies for Head Start remain percent the number of homicides in the billion, not to mention next year and and with the Department of Health, U.S. In the same year, there were ap- the following year. Right now we need and that the program remains with the proximately 20,000 deaths by homicide. Department of Health. Each year in the U.S. approximately $3 billion additional resources just to It has had its own boards throughout 500,000 people require emergency room take care of our veterans here in this this country, and it has provided an op- treatment as a result of attempts to country. At the same time, we allow $2 portunity for these youngsters to get a commit suicide. billion to go to the Iraqis people for head start on education as well as a There is a need for us to concentrate health care. Of that, close to $80 billion head start in the area of health, for resources in the area of mental health. supplemental that we did. parents to be educated about the im- It is also important to know that the It would be interesting for some of portance of nutrition, about the impor- rate of suicide for various ages, gender, the Members here to look at what that tance of access to good quality care, as and ethnic groups has changed substan- $80 billion is going for in Iraq, to build well as the importance of what they tially. Between 1952 to 1996, a 44-year some of the schools when at the same eat and do not eat. period, the reported rated of suicide time we have not taken the time to So those issues are important for our among adolescents and young adults look at providing resources to build children, and as we celebrate tomorrow tripled; but yet from 1980 to 1996, the our own schools. It also provides re- Children’s Day, we are going to cele- rate of suicide from age 15 to 19 in- sources to build up their hospitals brate and talk about some of the needs creased by 14 percent, and among per- when we have not provided our money of our children. The Hispanic commu- sons between the age of 10 to 14 years, and we are cutting our disproportional nity, the median age is about 25.9. We it went up by 100 percent. share for our own hospitals in country. are one of the youngest populations in This area is an area that we really It just does not make sense, Mr. this country, and it is a growing popu- need to look at. I am hoping we do not Speaker, and it does not make sense lation. So there is a real need for us to have another Columbine before we con- for the President to go around this concentrate on our young. Sixty-five centrate attention. We lose attention country to talk about the irresponsible percent of Hispanic children are under right away after the incident occurs. tax cut when the money is not even the age of 18 and live with both par- We need to look at reaching out. there and we have not taken care of ents. So here we have 65 percent still In that same light, and as we talk our debt. We need to take care of our live with both parents, which is a much about the importance of access to debt. We need to pay for this war. We

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.068 H29PT1 H3442 CONGRESSIONAL RECORD — HOUSE April 29, 2003 have got to make sure that we provide met not too long ago when I was on a trash bags that trespassers drop as for our veterans. We have got to make trip to Arizona, and specifically, to the they pass through the land. This is also sure that we provide for our future, border area around Douglas, Arizona, a site that is all too common through- which is our kids, and we have got to and I want to add them to the list of out this particular area. There are oc- make sure that we provide access to people that we have identified over the casions throughout the Southwest, and healthcare for all Americans who find last several weeks and months as be- especially in southern Arizona that are themselves in that difficulty. longing to who we have described as referred to as pickup sites. These are It is embarrassing to be here and say homeland heroes. They are George and places where large numbers of illegal that we have the best healthcare in the Linda Morin. They own and manage a immigrants will gather for the purpose system; yet it is unaffordable and cattle ranch of 12,000 acres, located of getting a ride eventually, because unaccessible to the majority of Ameri- only 4 miles from the Arizona/Mexico these places are often near roads, cans when 41 million find themselves border. Their ranch house is only 5.5 sometimes highways, but they are without access to insurance. That is miles from the border. often on private land, sometimes on un-American, and we really need to en- They have one son, 26, who lives on public land, but they are places, as I sure that we can make it accessible to the ranch and helps run the business. say, in which large numbers of these all of them. George Morin’s grandfather came to folks will gather. As I conclude here tonight, I want to America in 1908 and bought a dairy When they gather there and they just indicate how important it is for us farm in southern Arizona. He speaks start to undertake the next part of the to refocus our attention in the area of Spanish and has a half brother living in journey, they discard everything that healthcare. We need to make sure, and Mexico. After living 54 years in this they have been carrying because the I appeal to all Americans, that we need border region, he knows both sides of coyotes, the people who bring these to put people, both Republicans and the border very well. people across, tell them that there has Democrats, on the line on the House, Beginning in the late 1980’s, things to be a lot more room in the trucks so on the Senate, and those in administra- began to change along the border, and they have to discard everything they tion, to make sure they do the right we heard this refrain often. We heard have, and they throw everything in thing for our seniors when it comes to this same thing from almost everybody these pickup sites. We walk through prescription drug coverage. We have we talked to there, and most of the them now, and they really are similar not done that. We have had a lot of people who live in this area have been to large refuse piles, dumps essentially. talk, but there has been nothing. And living there for generations, and they I have, sometimes not so facetiously, people have asked me back home and have witnessed the phenomenon of im- referred to many of our parks in the they continue to ask me ‘‘Mr. migration over that period of time. area, the Cactus Pipe National Park as RODRIGUEZ, what are you doing on They have witnessed people coming the Cactus Pipe National Dump be- healthcare?’’ And I tell them the prob- across the border looking for jobs, peo- cause of the way it appears, and the lem is the President is interested in a ple that they have befriended, people trash is everywhere and these plastic tax cut. If that happens, there is noth- they have aided economically, and this bags are everywhere, and the cattle eat ing else to talk about when the budget has never really been a huge issue for them and die. Trash left behind by the predetermines everything. So we need them except in the last 10 or 15 years. thousands of trespassers are not only to make sure we zero in on the issues George and Linda noticed a steady dangerous to the cattle that eat it; it is of healthcare and addressing the prob- increase in the number of illegal aliens despoiling the land and environment in lems. And we get elected to address crossing the border and coming across numerous ways. In one day, Mr. Morin problems and we are expected to ad- their land. Over the past 5 or 6 years, collected 42 syringes left by one group dress those problems. this flow has become, as they put it, a along with discarded drug containers. So I am hoping that we, at some flood. They run a large cattle ranch as All of this goes on, by the way, in point, begin to not only dialogue about a family business, and it is a lot of very plain sight. It is something that if the healthcare, but address the problems. I hard work. Drought, cattle diseases, media would pay attention to, cer- am sure the administration, when the volatile market prices for beef cattle, tainly there would be an outcry. We election year comes around, he is going all of these make cattle ranching a wonder why there is not an outcry to talk a great deal about healthcare. tough business in the best of cir- from groups like the Sierra Club and But the key is what are we doing about cumstances. The massive flood of ille- Friends of the Earth and various other it? What kind resources are we putting gal immigration across the border has environmental organizations that often into it? Because the bottom line is we brought many more hardships. Among raise Cain about the despoiling of the can say everything we want to say, but the recent experiences, consider the land, but seldom say a word about this what have we done? So when all is said following: The waterlines that carry particular problem because of course it and done, I would ask that we hold all water to their cattle have been cut and is connected with illegal immigration, the Congressman and all the Senators broken so many times that they have and therefore a topic not willing to be accountable, as well as the administra- lost count, and again, by the way, this discussed by these left-wing observa- tion, including myself, as to what we is a complaint that we heard over and tions. have done to basically solve the prob- over again. Water in this part of the We wonder how many people are lems that confront our communities world of course, in this part of the coming across. Do they see these peo- with the uninsured that we find in this country, is very valuable, and it is ple? Do George and Linda, his wife, see country. something that ranchers depend upon them coming across? How many do they see? Can they actually identify f for their existence, frankly, and the people coming across the border, for people who are coming across illegally? IMMIGRATION REFORM reasons that are sometimes difficult to And of course, that is very possible. The SPEAKER pro tempore (Mr. explain, oftentimes vandalize these Two years ago George Morin woke up BURNS). Under the Speaker’s an- waterlines, vandalize the wells, even to some noise at about 5:30 in the nounced policy of January 7, 2003, the though many of the ranchers will leave morning. He discovered a virtual army gentleman from Colorado (Mr. out cups for these people so they can of 600 trespassers walking through his TANCREDO) is recognized for 60 minutes drink from the well and not do any- ranch within eyesight of his ranch as the designee of the majority leader. thing to harm it, but they do anyway. house. He called the border patrol. Mr. TANCREDO. Mr. Speaker, I rise The same thing goes for cattle They did come this time and loaded 297 tonight to point to a couple of issues fences. Repairing cut fences is now a people onto buses and took them back that I think deserve our attention. As routine task, and we saw hundreds of to the border patrol station for proc- I do on many occasions, I come here to miles of broken-down fences along the essing. About half of the 600 got away, address the issue of immigration and border. Electric switches for water scattered to the hills, trails before the the reform thereof. pumps are often jammed or vandalized. border patrol could load them onto I would like to start tonight with a The Morin ranch has lost 8 cattle in buses. Sometimes these folks coming discussion of a couple of people that I the last year to death by eating plastic across the land get lost or they are

VerDate Jan 31 2003 04:27 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.070 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3443 abandoned by the coyotes. Again, these But if you cannot pay, it is ‘‘travel mental damage that is being done by are the people who are paid to bring now, die later.’’ the literally millions of people coming them into the United States. Not only have the numbers of nation- across our southern borders, both It is common for ranchers and border alities of people coming across the land walking and driving through pristine patrol agents to hear from a group that changed over the last 10 years, but the land, destroying some of the most their coyote pointed them to the lights character of the people and their atti- beautiful and important national in the distance and told them there is tude has also changed. Twenty years monuments. Phoenix. Maybe it is Tucson or maybe ago it was not uncommon to encounter All of this, as I say, is happening it is some small town only about 40 illegal aliens on the ranch who would without the attention that would nor- miles from the border. ask politely for a drink of water or ask mally be focused on that kind of activ- One Thanksgiving morning 4 years for directions. Ranchers were normally ity by the environmental groups in the ago, George and Linda Morin woke up cordial and often did not report the United States. If it were done any to find about 80 Iranians walking trespassers if they were in small groups other place, any other way, any other across their property right in front of or posed no immediate threat. time, you would have hell to pay. The their house. The border patrol agents In the past decade, this has changed environmental groups would be just who took them into custody said that because the groups are larger, more ag- going crazy about the fact that we are they had been told by their coyote that gressive. Part of this change is due to destroying so much of our natural en- they were only 10 miles from San the increase in drug smuggling. The vironment. Yet nothing is said about it people who are transporting drugs Diego. Only last Thursday, April 24, 90 here because we are talking about ille- across the open rangelands are usually illegal aliens were caught walking gal immigration, and nobody wants to armed and dangerous. They do not through the grassy expanse of the U.S. touch that subject. Army’s Fort Huachuca near Sierra want any interference, and they will usually take what they want and not This is a chart that describes what is Vista, Arizona. The military police happening in the United States in caught them and marched them to the ask for it politely. One recent trespasser George Morin terms of population growth. By the fence where the border patrol loaded encountered was angry because he had year 2100, if we do absolutely nothing, them onto vans. been caught and was being turned over if things continue as they are today, if One thing that is important to under- to the Border Patrol. He told Mr. the numbers increase as they are from stand is this, as I mentioned earlier, is Morin, You don’t belong here. You are the sources that they are occurring a new type of phenomenon. We have al- in Mexico, and you don’t know it. We today, here is what happens. We reach ways had illegal immigrants coming are going to take it back and you will a little over half a billion people in the across the line, but we have seldom had be gone. United States. this happen in the numbers that we are This man is not delusional. He was The fact that we get there via immi- witnessing today and/or in ways that deadly serious. He was voicing a goal of gration and descendants of immigrants are so organized. It is no longer just a a small and radical movement within is the important point here. It may be few people coming across looking for Mexico and the Southwest that looks a very good thing. It may be very posi- jobs. forward to what it calls ‘‘Recon- tive for the United States to have pop- It is now a very well-organized effort, quista.’’ This is the reconquest of the ulation growth of this nature, so dra- a very well-organized activity con- lands Mexico lost to Texas in 1836 and matic and so important in terms of ducted largely by people who have to the United States in the Mexican many things, including the economy. heretofore been involved with drug war of 1846. People talk about the need for growth smuggling into the United States. Be- There is a larger and more persuasive in the economy, so maybe it is a good cause it has become very lucrative, movement that is more powerful and thing. Maybe this kind of growth is that is why the drug cartels have be- very influential. The changes this good. come interested in this business. They movement seeks, in my opinion, pose a It is important to understand that are paid between $1,000 and $1,500 for a threat to our civic and legal institu- this growth is not coming as a result of Mexican national to come into the tions that provide the foundation for the natural birth rate in the United United States illegally, but costs for a our freedom. I am talking about the States; it is coming as a result of im- Middle Easterner or an Asian will get multiculturist movement. migration. So we have to make a deci- to about $30,000. This movement is very political and sion as to whether or not this is where So there is so much money now in politically correct. It becomes very in- we want to be in 2100. people smuggling that it rivals drug fluential in our universities, our public Again, this is if it just stays at the smuggling into the United States in schools, our foundations and our mass same level. This is all U.S. census data terms of just the sheer volume in both media. The problems raised in this here. This is not something we are in- human beings and in dollars. movement go far beyond the imme- terpreting. This is where the U.S. Cen- If they are poor and they want to get diate concerns presented by illegal im- sus Bureau tells us we are and where smuggled into the United States, they migration; yet the two sets of problems we are going and how we are going to do not need to come up with the ongo- tend to reinforce each other. get there. ing price of $1,000 to $1,500 to get the Many of these problems created by help of professional people, smugglers. large numbers of illegal immigrants Mr. Speaker, we can go back to the One can now be smuggled into the are exacerbated by the diversity move- one part we talked about in terms of United States on the installment plan. ment because of the many proponents immigration reform and what this real- It is happening this moment on a very welcoming illegal immigration and op- ly means in terms of the environment, large scale. It is widely understood by posing measures to controlling it. So I the impact on the environment. I come the border patrol and law enforcement want to speak to that issue tonight. from Colorado, and I will tell you that agencies in the west. What happens if Over the past several weeks, I have things have changed pretty dramati- one gets to Phoenix or Los Angeles or tried to deal with the issue of immigra- cally in my State over the last several Omaha and do not make their promised tion reform in a variety of contexts. years. The increase in the State’s popu- payments? Some very bad things hap- We started off talking about the prob- lation has been dramatic. All of the in- pen. lems with porous borders and what frastructure costs that go along with that means to the United States, espe- massive increases in people are, of b 2030 cially in terms of our own national se- course, prevalent, and they are to be Only last week, two illegal aliens curity. We talk about the economic im- paid for by the taxpayers of the State who had made it to Phoenix were killed pact of massive immigration of low- of Colorado. by members of the Mexican gangs that skilled, low-wage people. That was an- This is happening not just in Colo- had smuggled them into the country. other segment. We talked about the en- rado, but in States all over the Nation. They were killed because they did not vironmental damage. But where is this growth coming from? make their mordita payments. This is We spent 1 hour here talking about Again, I want to emphasize, it is not now a ‘‘travel now, pay later’’ business. just this one aspect of it, the environ- the natural growth rate of the country.

VerDate Jan 31 2003 04:27 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.072 H29PT1 H3444 CONGRESSIONAL RECORD — HOUSE April 29, 2003 It is a growth rate made up of immi- that it is bad. It is that it has been a People have come to this floor over the gration and the descendants of immi- culture developed on the backs of past 200 years to talk about concerns grants. slaves, and that all the people who cre- about the newest wave of immigrants Again, this could be what we want. It ated the American dream were slave from someplace else and how that could be absolutely where we want to owners, people who came to pillage and might affect America or whatever, and be, so that pretty soon it is much more rape the land. That is what we teach I do not mean to suggest that these old difficult to get through on congested children about America and that there arguments hold water. highways, to visit the national parks, is nothing unique about America; there I am not talking about the simple to experience that pristine wilderness is nothing special, there is nothing fact of immigration, although it has, as that we have all enjoyed. But maybe that we should sort of glom on to and I say, implications. Regardless of that is all worth it. Maybe giving all of maybe disconnect from in terms of whether or not it was connected to the that up, maybe, is worth it, because where we came from. This is the prob- multi-culture issue, it has implications the economy demands this kind of pop- lem. This is a very serious problem in for many things just because of the ulation growth rate. this regard. numbers, which are far different than But what we do not talk about and The combination of these two things, it ever was before. what I want to focus on tonight is the massive immigration and this rabid But regardless of that, there is some- effect of immigration, of two things, multi-culturalism that tells people thing new that is happening, and that and this is very important to discuss there is nothing unique about America, is what I keep harping on, that is what tonight or at least pay some attention and that if you come here you should I keep trying to bring to the attention to. probably not only not integrate into of anyone who will listen, that there is It is not just immigration that poses our society, but you should in fact a different immigration pattern today, a cultural threat to the United States. keep separate, keep a separate culture and it is, as Bishop Gomez accurately Heaven knows that this is a Nation of and keep a separate language. described. He said, They don’t want to immigrants. We have talked about this We go to the extent of spending bil- be Americans. That was his comment, over and over again. We are all here be- lions of dollars every year to teach an exact quote: ‘‘They don’t want to be cause somebody in our past, some children in our public schools in lan- Americans,’’ so I should not worry. grandparents, great grandparents or guages other than English. I think that They are only coming here for eco- however far back, decided to leave this is a dangerous phenomenon. I nomic reasons, to escape poverty, the wherever they were and come here. I do think that we can handle immigration same reason my grandparents came, not care if you call yourself a Native into this country, and always have; and for the large part, and many others, to American. The reality is somebody we can do so because people coming escape poverty and the blight of their many, many, many generations ago into the United States, people coming history and the past. came across a land bridge from Asia to here were, for the most part, coming But I am telling you that there was what we now call America. So all of us from something else and to connect to this other aspect to that immigration came here as a result of somebody a new idea. At least that is what my of past years, this one thing that said, making a decision to leave someplace grandparents always said. I want to disconnect from that old and come here. My grandparents came here around way, from those old ideas, from that This has been a source of great the turn of the 20th century, and I can bankrupt history. I want to connect to strength for the United States. It is remember very distinctly my grand- something brand new in the United something to be enjoyed. Diversity is a mother telling my grandfather all the States. good thing. I am not arguing that time, Speak American. Speak Amer- b 2045 point. ican. There was this implied and some- By the way, this level of immigra- times not so subtly implied desire on I wanted to become part of it. This is tion, this rate of immigration, is some- their part to really Americanize them- showing itself in a number of ways. thing far greater than anything we selves. When my grandparents came to this have ever experienced in this Nation. It I think of that when I think about a country, they no more would have is far greater than what we experienced lunch I had not too long ago with a thought about the possibility of having in the 1900s when in fact my grand- gentleman in Colorado, his name is a dual citizenship status than they parents came here. The numbers are Gomez, and he happens to be a Catholic would fly. They really wanted, as I say, huge. bishop. Bishop Gomez asked to have to disconnect from the old country. Now, this does not even account for lunch and discuss this issue of immi- They came to the United States, and illegal immigration into this country. gration, because he knows I am quite they took an oath of allegiance, and We talk about the fact that there are, concerned about it. He knows I talk they swore to end any allegiance to we do not know for sure, maybe be- about this issue an awful lot here in any foreign power or potentate. That is tween 13 million and 20 million people the Congress of the United States, and the same oath that people take today, in the country illegally. That, com- he does not agree with me. So I cer- but something else is happening. In bined with all the people who have tainly agreed to have lunch with him. about 1947 or 1948, the United States come into the country legally because He said something that I found very decided to allow people to have dual we have now expanded our immigration illuminating in the course of our citizenship. Now, we did that primarily and opened our immigration doors luncheon. He said, Congressman, I because of what was happening in wider than ever in the past, all of these don’t know why you are so worried Israel at the time; Palestine, later to things can be positive. about all of this immigration from become Israel. And there were maybe I am not saying that we should slam Mexico, let’s say. He said, You know, at any given point in the last 50 years, the door to all immigration. Certainly they don’t want to be Americans any- up to the last, let us say 10 years, there not. But what I am suggesting is it is way. were maybe 100,000 people in the United important for us to review as a Nation I thought that was just an amazing States, according to our research, the connection between massive immi- statement. He said, Don’t be worried. maybe 100,000 at any given time hold- gration into the country and some- He thought for some reason or other ing dual citizenship. Now, something thing else we call multi-culturalism, I was worried that these people were has happened. Something brand new is this sort of rabid multi-culturalism. coming into the United States to be- occurring that reflects, I think, the What do I mean by that? Multi- come Americans, and I did not want problem that I have just described with culturalism is a philosophy that per- them to. Of course, it is exactly the op- this concept of multiculturalism, the meates our schools and society in so posite. I explained to him that was ex- lack of any desire to attach themselves many ways, and it says essentially actly why I was worried about massive to any American experience, if you this: there is nothing unique about immigration today. It is a different will, and to retain political and cul- American culture. In fact, if there is thing. tural ties to the country of origin. anything noteworthy about American Mr. Speaker, we have argued about About 21⁄2 years ago, Mexico allowed culture, or Western Civilization, it is this issue since our Nation’s inception. their citizens to actually have dual

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.074 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3445 citizenship, something they had never heritage standpoint? I would say Jef- media one could describe as being over- done in the past. And they also began ferson and Lincoln and Washington and ly sensitive to the other side’s atti- to encourage, this is over maybe 5 or 6 Adams, because I connected directly to tudes, opinions, and ideas, overly crit- years, they began to encourage a large that, even though I am a relative new- ical to American interests. And this is flow of Mexican nationals into the comer to this land. My ancestors did what I am talking about. We cannot United States, which created the kind not come here on the Mayflower. But I even report stories factually anymore. of problems that we talked about here connected to America, because that is We have to couch everything in this with the Morins on their ranch because what I was taught. I was taught by my sort of multiculturalist light so that they had never seen this kind of thing parents, I was taught by my school no one might come to the conclusion before. As I said, they had lived here that that was my heritage; that I was that there is anything better about, let for generations, but they had never here now, and that this was the Amer- us say, the United States and Western seen the kinds of problems that they ican ideal to which I was to aspire. And Civilization than any other civilization are seeing today, the numbers that are I did. or country. And that is why it was so coming across, in this case from Mex- I would challenge people today to go hard for many members of the media to ico. And the fact is that this kind of out and ask a child, ask a student, al- really analyze this issue objectively combination of events where Mexico is most any school in America what it and report it objectively. They are encouraging the movement of people means to be an American. Define that stuck in this multicultural miasma. into the United States, allowing people term: American. And I think many And they are, of course, helping to ex- to take dual citizenship; this is having people would have, many students pand and to incorporate that kind of an interesting effect here in this coun- would have a very difficult time in thinking into American schools and try. doing that today. They have been told, American thought. For instance, we now think that frankly, that it is not a very good I realize I am walking into somewhat there are between 6 million and 10 mil- term, that it really does not, and it uncharted waters here, and I want to lion people living in this country who should not be used to signify some- make some very important distinc- claim dual citizenship. This is an inter- thing select and different and unique, tions. When I talk about esting new phenomenon. Is it worthy of distinct. multiculturalism and the problems I Not long after 9–11, the National Edu- our discussion here? Is it something see in it, I am not talking about cul- cation Association put out a list of tural diversity that brings into our so- that anybody thinks is interesting, rel- suggestions for teachers and for par- ciety the music, the poetry, the art, evant, important? What does this ents as to how they should address the dance from different cultures of all mean? What is the effect of having this issue of the attack on the United continents of the globe. Certainly our many people in this country with di- States on September 11. In not one Nation has been enriched and con- vided loyalties? And that is really the word of about a 3- or 4-page little pro- tinues to be enriched by these con- only way that one can describe it. I gram that they distributed did they tributions. I am not talking about peo- think Teddy Roosevelt said, we can talk about the uniqueness of America, have no 50–50 Americans. Either a man the importance of defending this Na- ple of other nations bringing their lan- is an American and nothing else, or he tion. The entire little descriptor was to guage, religion, continuing to practice is not an American at all. Teddy Roo- tell people, tell parents and tell chil- their religion in our free society. The sevelt. dren that they should not think about freedom of religion is, of course, one of The idea that we have so many peo- these people who attacked our country the most cherished liberties we have ple clinging to other citizenship, in negative ways; I should say, they and must remain so. I am not talking clinging to other countries politically should not use the attack to cast as- about new immigrants who continue to is, I think, a little bit problematic. At persions on any group or any organiza- speak their native language in their least it is worthy of our interest, our tion, and that there are many bad homes and want to pass it on to their debate. Yet it is something we hardly things in America that we have done, children as part of their biethnic herit- talk about. Certainly it does not come and that maybe we even actually sort age. What I am talking about is the up in this body very often. Nobody of brought this on ourselves. Well, an current politically motivated drive to wants to really push this issue for fear ex-President of this country, and I am enshrine, enshrine diversity as a goal that we will make someone else a little feeling a great deal of comfort in actu- that requires and demands a change in bit upset with us, that we will insult ally saying ex-President, for me any- our fundamental values governing our somebody else, some ethnic minority way, Bill Clinton, was speaking at a civic institutions. in this country, some dual citizen, university, I think it was Georgetown, What the advocates of this new diver- some ‘‘something’’ hyphenated Amer- and he said essentially the same thing. sity seek is a kind of reverse assimila- ican or something that will offend He said that the reason why we were tion who want American society to as- them. Well, I would suggest that we attacked is because of slavery and the similate and adapt to the values of should not worry about that kind of of- way we treated the Indians. I mean, other cultures. An example of this po- fense; we should talk about it because this is the most incredible stuff. But litical drive is to establish bilin- it is meaningful in this country. It is this is what we are teaching our chil- gualism as a national standard for offi- important to understand what is hap- dren about America. cial business in government operations pening here. Now, this is, I think, dangerous stuff. and commercial life. Previous genera- I want to go back for a moment to It is reflected in other ways. It is re- tions of immigrants expected that what I was talking about in terms of flected in other ways. I look at the way their children would learn English. As the difference that is occurring and the in which the media has portrayed, for I mentioned, my grandparents de- whole concept of what it means to be the most part, I guess, I should say the manded of my parents and of us, de- an American, how that is fading away, media, a large part of the media has manded that we learn it as quickly as how difficult it is now to actually de- portrayed the conflict in Iraq. I could possible. Only in the recent past have fine this idea, this ‘‘concept America.’’ not help noticing, I was in Europe last we seen a political movement that When I was a child, when I was grow- week, or the week before last, and I seeks to perpetuate a parallel culture ing up in Denver, Colorado, and attend- was watching, I think it was CNN that does not speak English and thus ing St. Catherine’s Elementary School International, and it was fascinating cannot participate fully in the main- and, later on, Holy Family High because they could not report a single stream of American life. There are School, I was taught about my herit- story without some sort of twist they schools in States throughout this Na- age, who I was, and what my history could add to it that they could charac- tion, in cities throughout the country, was; and if someone would have asked terize as anti-American. Every single where children can actually spend me then, if someone asked me now, event in Iraq, no matter how difficult years and, for a while, one could actu- what is my heritage, I would say it is it was to describe in this context, they ally go 12 years to a Denver public American. Who are my heroes? Who do managed to do it. school and never be taught in English. I look to in my history and the history They are not unique in that. I think I believe that the demand and push of who I consider myself to be from a many, many aspects of the American for manufactured diversity in every

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.076 H29PT1 H3446 CONGRESSIONAL RECORD — HOUSE April 29, 2003 facet of our lives has a political moti- called a cult of ethnicity. It challenges Western civilization rests upon cer- vation. Its purpose has nothing to do the idea of what it means to be an tain ideas and ideals. They, in fact, with toleration of other cultures. Our American. need to be taught to children and to Nation has historically been the most There are major implications to this adults. accepting, most tolerant people on phenomenon. I have talked about, to a I was a teacher. I taught for 8 years Earth; and this has not changed, nor certain extent, the problems we have in the Jefferson County public schools. should it. But Americans could and did when we do not encourage people, I taught civics. I will tell the Members accept millions of immigrants from di- Americans, especially our children, to that very, very few children ever come verse cultures precisely because we had understand and to believe that there is to school with an innate appreciation a set of institutions and a set of civic something unique about America wor- of certain things like art, music. They values that all of the new immigrants thy of their allegiance; not to be chau- need to be taught. They do not just were expected to adopt. In doing so, vinistic, necessarily, but to simply un- wander in the door thinking, you immigrants did not give up their lan- derstand the basic reality of the situa- know, I just feel something really good guage, their music, their religion. They tion. about Mozart or about Picasso. We became Americans in certain essential That is this, that western civilization have to teach children. We have to ways that allowed them to assimilate has provided the world, certainly teach people about the value of these into American life and enjoy the bene- America, with the infrastructure that things to get them to appreciate them, fits of liberty. I am gravely concerned has enabled us to actually grow the more often than not. Some people may that our recent and current immigra- greatest, I think, civilization on Earth. have that gift, but most of us do not. tion is not of the same character as our Now, that is a personal observation; Likewise, children do not come to historic immigration and that the im- but I think it is empirically provable, school with an innate appreciation for pact and effect will be to weaken our also, that there is something better western civilization or what it means civic culture and our political institu- about what we have. to be an American. They have to be tions that guarantee life, liberty, and I am proud of what we have. I am taught. When we abandon that and we the pursuit of happiness. proud of being a product of western civ- offer it up on the altar of I will give a concrete example of this ilization. I am proud of the infrastruc- multiculturalism, we risk a great deal; changed character of our recent immi- ture. I am proud of the principles that especially when, as I say, there is the gration and especially the impact that we embody in this organization we call threat to the system. can be expected from granting amnesty the Congress of the United States. I am Now, anybody can feel sort of a vis- and citizenship to millions of illegal proud that we have an adherence to the ceral response to somebody driving a immigrants. rule of law. I am proud that we believe plane into a building and killing 3,000 in and strongly defend the right to pur- of our citizens; driving a plane into the b 2100 sue our own religion, to speak openly Pentagon and killing a couple hundred I speak now of the matter of a di- about our feelings about government. of our fellow citizens there; crashing a vided loyalty and a growing accept- All of these things really are an as- plane into Pennsylvania that was des- ance, as I mentioned earlier, of this pect of and a product of western civili- tined for this spot. dual citizenship. Do Members think it zation, and they are worthy of our alle- Anybody can get a visceral reaction is a mere accident or happenstance giance and worthy of things we should to that and say, yes, I want to confront that the oath of allegiance taken by tell our children about, and that we that and punish whoever did that. That every one of the tens of millions of nat- should encourage them. If we do not, is fine. It is fine if, in fact, that con- uralized American citizens who had we will find ourselves lacking in a flict only lasts a short time, and that passed through Ellis Island over the number of ways. We especially will find we identify the culprit and we take last 150 years contains the words ‘‘I ourselves in a dangerous situation care of business. hereby renounce and abjure all alle- when this civilization is, in fact, But unless Americans understand giance and fidelity to any foreign threatened, as I believe it is today. that this is a long-term prospect, that prince, potentate, State, or sovereignty Now, this gets me into an even more, this is a long-term conflict; and that it of which I have heretofore been the I guess, controversial arena than what is not just with a segmented chunk of subject or citizen’’? These words explic- I have spoken of up to this point, if society. It is not just with a group we itly and unabashedly require new citi- that is even possible. I believe that call al Qaeda or a group we call the zens to give up any loyalty to the for- what we are witnessing throughout the Taliban or an individual we call Osama eign country. world is, indeed, a clash of civiliza- bin Laden, or another individual that I have oftentimes, perhaps not so tions, and I believe western civilization we call Saddam Hussein. often, but I have certainly spoken to is threatened. Unless we realize that it is something immigrant groups coming into this I think the major threat today comes broader than that, something bigger country. I have gone to citizenship from something that we can refer to as than that with which we are in con- ceremonies where people take the oath radical Islam; not the religion of Islam, flict, Americans will lose heart for this of office, new immigrants to the United but it is the religion married to a polit- conflict because they do not connect it States. ical philosophy that says that all other to anything bigger than an attack on I have gone there and said to them, people on the Earth have to be annihi- the Pentagon, an attack on the World first of all, I want to tell you welcome lated, abolished, eliminated. Trade Towers. to the United States. Secondly, I want Now, this is a clash that we have seen This is why I say that this is an im- to tell you, thank you for doing it the actually for centuries. It is not new, portant issue for us to discuss as Amer- right way. Thank you for coming here, this confrontation. This conflict has icans, and understand that there are working through the process and doing been going on, as I say, for centuries. It cultural ramifications to massive im- it legally. I also want to tell you how peaks; it goes down. There are times of migration when it connects with this important it is to now adopt a new life a great deal of activity, and times rabid, bizarre multiculturalist philos- around a set of ideals that we can when there is not a lot of activity ophy which permeates America. share, that we have in common. around this thing. But it has been There was a book written not too I want to encourage that. I do try my going on for a long time, and it goes on long ago by Arthur Schlessinger, Jr., best to encourage that. I say this be- even today. certainly someone that I would not cause I want to reemphasize the fact It is important to understand this, have thought before I would have found that I am not opposed to immigration, because what it means is this: that it myself having a common ground with, but I certainly believe that it is in des- must be fought. If we are going to de- but he wrote a book called ‘‘The Dis- perate need of reform. fend western civilization, it has to be uniting of America.’’ I have liberally I think another way to describe what fought with force of arms, as we have excerpted from it for tonight’s discus- is happening, besides using the word witnessed in Iraq and Afghanistan. It sion. ‘‘multiculturalism’’ is to talk about also has to be fought in the world of He says, ‘‘The historic idea of a uni- the people who have developed what is ideas. It has to be fought with ideas. fying American identity is now in peril

VerDate Jan 31 2003 03:03 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.077 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3447 in many arenas: in our politics, our are to survive as a free people in the when they reap so many of the benefits voluntary organizations, our churches, 21st century. I believe this is not just a of Western Civilization themselves? our language.’’ fear of immigration. As a son of immi- How hypocritical it is for them to do What this esteemed historian saw as grants, I welcome and support immi- so. But how comfortable it is for them peril in 1991 is even more evident today gration. to do so. How easy it is for them to do in confronting the question we are, in What worries me is that the nation so. fact, confronting, the most funda- our new immigrants seek to find at the Is it not intriguing that if anyone mental question a nation can consider end of their journey may not be the na- were to stand up, especially in the as a matter of national choice and de- tion of their dreams and grand ambi- world of Hollywood and such, how dif- liberation: what is America? What is tions. If we are to remain true to our ficult it is for anybody to stand up and America? history, we must also remain true to be patriotic Americans, say things that This question is not one that has our destiny. It is not that of a vague reflect a true love of the country? I been created by illegal immigration. and confusing collection of ethnic mean, this was not always the way. In We would confront this question sooner groups or religious sects; our destiny is the 1940s and the Second World War, or later, even without massive illegal to continue as the land of freedom and Hollywood was looked at as a bastion immigration into the country. Nor is opportunity, a beacon of hope for all of patriotism. The movies they put out the question now more urgent because the world’s oppressed. were patriotic in nature, and it was not the levels of legal immigration has far To succeed and find that destiny, we looked down upon to express those feel- surpassed historic levels. The addi- must renew the bonds of citizenship ings. tional numbers of immigrants brought and the values and institutions that Something has changed dramati- to America by our immigrant policies nourish and sustain those bonds. This cally, and now people who do, people no doubt exacerbate the problem of na- ideology of multiculturalism does not who exist in that medium are afraid to tional identity, but they have not cre- understand this. In fact, that move- actually express those sentiments for ated the problem. ment is at war with the very idea of fear they will be shunned by their What has created the problem is the America as it was understood for 200 peers. What has happened that has al- influential ideology of multicultural- years. lowed this to occur? Well, I suggest to ism discussed so eloquently by Arthur But most Americans do understand it you that it is time to regenerate a dis- Schlessinger and accurately described and do want to strengthen it; at least I cussion of American principles and by him as deeply hostile to our historic hope that is true. With the help of the ideas; to make everybody, our children ideas of assimilation. good people of this Nation, we will pre- and adults, understand the importance Now, remember, Mr. Schlessinger is vail. But we will not prevail unless we of those ideas and ideals; to expect not a conservative. He is not or he can- are willing to at least confront this from immigrants coming to this coun- not by anybody, I think, be called issue, no matter how uncomfortable it try that they want to be Americans, names like ethnocentric or any of the is for us to talk about, no matter how and to come here for any other reason other epithets that are thrown at peo- challenging it is. is not acceptable. To come here simply ple who suggest that there is a problem It is undeniable that massive immi- to achieve economic goals, but to hold with multiculturalism. He has lifelong gration combined with a multicultural- allegiance to other countries both po- liberal credentials and is a liberal ism philosophy in this country has litically, ethnically, and linguistically scholar. ramifications. Some here, some is not acceptable. It is not acceptable On July 4, 1915, President Woodrow throughout the country, may believe because it will sap the strength of Wilson spoke in Philadelphia at a mass those ramifications are positive; I be- America. It will sap our ability to be naturalization ceremony. On that day, lieve that, for the most part, they are successful in the clash of civilizations. at the President’s behest, all members negative. It will lead to our demise. And that is of the cabinet and other prominent b 2115 why I take to the floor as often as I do members of our society spoke at natu- to talk about this issue, immigration. ralization ceremonies across the Na- I believe that the leadership of this It is far, far more significant than tion. Nation must begin a discussion with just the issue of jobs or low-skilled, As we all know, President Wilson was America. When I say leadership, I mean low-wage people who have to come to an idealist in matters of world politics it in the way of renewing a commit- the country and we have to build high- and a liberal reformer in domestic pol- ment to the idea of America on the ways and we have to build schools. And icy. But on that day in 1915, he spoke part of all the people who come here all of those things are true and all of for all Americans when he told the new and on the part of all the people who the problems we have with population citizens assembled to take their oath of are here. Is Western Civilization, as increases that are as a result of mas- citizenship: epitomized by the American experi- sive immigration, those things are real ‘‘I certainly would not be the one ence, is it worth saving? This is the and they have to be dealt with. But it even to suggest that a man cease to question we must pose. And in order is even more important than that; it is love the home of his birth and the Na- for anybody to answer it accurately, far more important than that. It is far tion of his origin. These things are they have to have all information more important than that. It goes to very sacred and ought not to be put out available to them. our very existence. of our hearts. But it is one thing to We have to teach children about its Massive immigration in this country love the place where you were born, value along with its warts. It is impor- will determine not just what kind of a and it is another to dedicate yourself tant that we do not gloss over the in- Nation we will be, but whether we will to the place to which you go. You can- equity, that we do not discard as part be a Nation at all. not dedicate yourself to America un- of our text any discussion of slavery or less you become in every respect and any of the issues that we know to be f with every purpose of your will thor- negative in our history. They have to oughly Americans. You cannot become be discussed and understood in order to LEAVE OF ABSENCE thoroughly Americans if you think of be overcome. But why is it not equally By unanimous consent, leave of ab- yourself in groups. A man who thinks as important to discuss the factual sence was granted to: of himself as belonging to a particular positive elements of Western Civiliza- Mr. BECERRA (at the request of Ms. national group in America has not yet tion and what it has brought to the PELOSI) for today and the balance of become an American, and a man who world? Why is that so scary to the aca- the week on account of medical rea- goes among you to trade upon your na- demic community, to the media, and to sons. tionality is not worthy to live under the pop culture? Why is it so com- Mr. HONDA (at the request of Ms. the Stars and Stripes.’’ fortable for members of the pop cul- PELOSI) for today and April 30 on ac- I firmly believe that we desperately ture, the people in television and in count of personal reasons. need to reaffirm the principles of citi- movies to stand up and criticize, only Ms. MCCARTHY of Missouri (at the re- zenship and of American identity if we to criticize, what it is to be American quest of Ms. PELOSI) for today and the

VerDate Jan 31 2003 04:27 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.080 H29PT1 H3448 CONGRESSIONAL RECORD — HOUSE April 29, 2003 balance of the week on account of per- Jeff Trandahl, Clerk of the House re- Hazardous Substances; Exemption for Cer- sonal reasons. ports that on April 24, 2003 he presented tain Model Rocket Propellant Devices for Ms. SLAUGHTER (at the request of Ms. to the President of the United States, Use With Rocket-Powered Model Cars — re- ceived March 31, 2003, pursuant to 5 U.S.C. PELOSI) for today and the balance of for his approval, the following bills. 801(a)(1)(A); to the Committee on Energy and the week on account of medical rea- H.R. 1770. To provide benefits and other Commerce. sons. compensation for certain individuals with 1875. A letter from the Assistant Secretary f injuries resulting from administration of for Communications and Information, De- smallpox countermeasures, and for other partment of Commerce, transmitting the De- SPECIAL ORDERS GRANTED purposes. partment’s final rule — Technology Opportu- nities Program [981203295-3055-08] (RIN: 0660- By unanimous consent, permission to f address the House, following the legis- ZA06) received March 31, 2003, pursuant to 5 ADJOURNMENT U.S.C. 801(a)(1)(A); to the Committee on En- lative program and any special orders ergy and Commerce. heretofore entered, was granted to: Mr. TANCREDO. Mr. Speaker, I move 1876. A letter from the Director, Regula- (The following Member (at the re- that the House do now adjourn. tions Policy and Management Staff, Depart- quest of Mr. RODRIGUEZ) to revise and The motion was agreed to; accord- ment of Health and Human Services, trans- extend her remarks and include extra- ingly (at 9 o’clock and 20 minutes mitting the Department’s final rule — neous material:) p.m.), the House adjourned until to- Change of Address; Technical Amendment — received April 12, 2003, pursuant to 5 U.S.C. Ms. CARSON of Indiana, for 5 minutes, morrow, Wednesday, April 30, 2003, at 801(a)(1)(A); to the Committee on Energy and today. 10 a.m. Commerce. (The following Members (at the re- f 1877. A letter from the Director, Regula- quest of Mr. PAUL) to revise and extend tions Policy and Management Staff, Depart- their remarks and include extraneous EXECUTIVE COMMUNICATIONS, ment of Health and Human Services, trans- material:) ETC. mitting the Department’s final rule — Mr. PAUL, for 5 minutes, today. Under clause 8 of rule XII, executive Change of Address; Technical Amendment — received April 12, 2003, pursuant to 5 U.S.C. Mr. BURTON of Indiana, for 5 minutes, communications were taken from the 801(a)(1)(A); to the Committee on Energy and today, April 30, and May 1. Speaker’s table and referred as follows: Commerce. Mr. RAMSTAD, for 5 minutes, April 30. 1867. A letter from the Program Analyst, 1878. A letter from the General Counsel, f FAA, Department of Transportation, trans- Federal Energy Regulatory Commission, mitting the Department’s final rule — Air- transmitting the Commission’s final rule — ENROLLED BILLS SIGNED worthiness Directives; McDonnell Douglas Standards for Business Practices of Inter- Mr. Trandahl, Clerk of the House, re- Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC- state Natural Gas Pipelines [Docket No. ported and found truly enrolled bills of 9-83 (MD-83), DC-9-87 (MD-87), and MD-88 Air- RM96-1-024; Order No. 587-R] received March 26, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the House of the following titles, which planes [Docket No. 2002-NM-216-AD; Amend- ment 39-12912; AD 2002-21-06] (RIN: 2120-AA64) the Committee on Energy and Commerce. were thereupon signed by the Speaker: received April 4, 2003, pursuant to 5 U.S.C. 1879. A letter from the Director, Inter- H.R. 145. An act to designate the Federal 801(a)(1)(A); national Cooperation, Department of De- building located at 290 Broadway in New 1868. A communication from the President fense, transmitting a copy of Transmittal York, New York, as the ‘‘Ted Weiss Federal of the United States, transmitting a request No. 06-03 which informs of an intent to sign Building’’. for the Equal Employment Opportunity a Second Project Agreement concerning H.R. 258. An act to ensure continuity for Commission (EEOC); (H. Doc. No. 108—62); to Aegis Combat System Test and Evaluation the design of the 5-cent coin. establish the the Committee on Appropriations and or- on U.S. and Spanish Aegis Ships between the Citizens Coinage Advisory Committee, and dered to be printed. United States and Spain, pursuant to 22 for other purposes. 1869. A communication from the President U.S.C. 2767(f); to the Committee on Inter- H.R. 1559. An act making emergency war- of the United States, transmitting a request national Relations. time supplemental appropriations for the fis- to make available funds for the disaster re- 1880. A letter from the Director, Defense cal year 2003, and for other purposes. lief program of the Department of Homeland Security Cooperation Agency, transmitting H.R. 1770. An act to provide benefits and Security; (H. Doc. No. 108—65); to the Com- reports in accordance with Section 36(a) of other compensation for certain individuals mittee on Appropriations and ordered to be the Arms Export Control Act, pursuant to 22 with injuries resulting from administration printed. U.S.C. 2776(a); to the Committee on Inter- of smallpox countermeasures, and for other 1870. A letter from the Under Secretary, national Relations. 1881. A communication from the President purposes. Department of Defense, transmitting a letter of the United States, transmitting the bi- on the approved retirement of General Eric f monthly report on progress toward a nego- K. Shinseki, United States Army, and his ad- tiated settlement of the Cyprus question BILLS PRESENTED TO THE vancement to the grade of general on the re- PRESIDENT covering the period February 1, 2003 through tired list; to the Committee on Armed Serv- March 31, 2003, pursuant to 22 U.S.C. 2373(c); Jeff Trandahl, Clerk of the House re- ices. to the Committee on International Rela- ports that on April 14, 2003 he presented 1871. A letter from the Acting General tions. Counsel, FEMA, Department of Homeland 1882. A letter from the Assistant Legal Ad- to the President of the United States, Security, transmitting the Department’s for his approval, the following bills. viser for Treaty Affairs, Department of final rule — Suspension of Community Eligi- State, transmitting copies of international H.R. 1505. To designate the facility of the bility [Docket No. FEMA-7805] received April agreements, other than treaties, entered into United States Postal Service located at 2127 12, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to by the United States, pursuant to 1 U.S.C. Beatties Ford Road in Charlotte, North the Committee on Financial Services. 112b(a); to the Committee on International Carolina, as the ‘‘Jim Richardson Post Of- 1872. A letter from the Acting General Relations. fice’’. Counsel, FEMA, Department of Homeland 1883. A communication from the President H.R. 1584. To implement effective measures Security, transmitting the Department’s of the United States, transmitting a report to stop trade in conflict diamonds, and for final rule — National Flood Insurance Pro- consistent with Public Law 107-243, ‘‘Author- other purposes. gram (NFIP); In creased Rates for Flood Cov- ization for Use of Military Force Against Jeff Trandahl, Clerk of the House re- erage (RIN: 1660-AA25) received April 12, 2003, Iraq Resolution of 2002’’; (H. Doc. No. 108— ports that on April 15, 2003 he presented pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 63); to the Committee on International Rela- mittee on Financial Services. to the President of the United States, tions and ordered to be printed. 1873. A letter from the Assistant General 1884. A communication from the President for his approval, the following bills. Counsel for Regulations, Department of of the United States, transmitting a 6-month H.R. 145. To designate the Federal building Housing and Urban Development, transmit- periodic report on the national emergency located at 290 Broadway in New York, New ting the Department’s final rule — Mortgage with respect to significant narcotics traf- York, as the ‘‘Ted Weiss Federal Building’’. Insurance Premiums in Multifamily Housing fickers centered in Colombia declared in Ex- H.R. 258. To ensure continuity for the de- Programs (Docket No. FR-4679-F-03] (RIN: ecutive Order 12978 of October 21, 1995, pursu- sign of the 5-cent coin, establish the Citizens 2502-AH64) received March 31, 2003, pursuant ant to 50 U.S.C. 1641(c) and 50 U.S.C. 1703(c); coinage Advisory Committee, and for other to 5 U.S.C. 801(a)(1)(A); to the Committee on (H. Doc. No. 108—64); to the Committee on purposes. Financial Services. International Relations and ordered to be H.R. 1559. To making emergency wartime 1874. A letter from the General Counsel, printed. supplemental appropriations for the fiscal Consumer Product Safety Commission, 1885. A letter from the Director, Bureau of year ending September 30, 2003, and for other transmitting the Commission’s final rule — Economic Analysis, Department of Com- purposes. Exemptions from Classification as Banned merce, transmitting the Department’s final

VerDate Jan 31 2003 03:15 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.082 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3449 rule — International Services Surveys: BE- Docket No. 2002R-341P] (RIN: 1140-AA00) re- 1906. A letter from the Chief, Regulations 22, Annual Survey of Selected Services ceived March 25, 2003, pursuant to 5 U.S.C. and Administrative Law, USCG, Department Transactions with Unaffiliated Foreign Per- 801(a)(1)(A); to the Committee on the Judici- of Homeland Security, transmitting the De- sons [Docket No. 020725180-2263-02] (RIN: 0691- ary. partment’s final rule — Security Zone: Coro- AA43) received April 8, 2003, pursuant to 5 1897. A letter from the Regulations Officer, nado Bay Bridge, San Diego, California U.S.C. 801(a)(1)(A); to the Committee on FMCSA, Department of Transportation, [COTP San Diego 03-013] (RIN: 1625-AA00) re- International Relations. transmitting the Department’s final rule — ceived April 16, 2003, pursuant to 5 U.S.C. 1886. A letter from the Assistant Secretary Civil Penalities (RIN: 2126-AA81) received 801(a)(1)(A); to the Committee on Transpor- for Legislative Affairs, Department of State, April 4, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); tation and Infrastructure. transmitting a report pursuant to the Coop- to the Committee on the Judiciary. 1907. A letter from the Regulations Officer, erative Threat Reduction Act of 1993 and the 1898. A letter from the Chief, Regulations FHWA, Department of Transportation, FREEDOM Support Act; to the Committee and Administrative Law, USCG, Department transmitting the Department’s final rule — on International Relations. of Homeland Security, transmitting the De- Traffic Control Devices on Federal-Aid and 1887. A letter from the Assistant Attorney partment’s final rule — Anchorage Regula- Other Streets and Highways; Standards General for Administration, Department of tion; Boothville Anchorage, Venice, LA [FHWA Docket No. FHWA-2002-13069] (RIN: Justice, transmitting the Department’s final [CGD08-02-017] (RIN: 1625-AA01 [Formerly 2125-AE78) received March 26, 2003, pursuant rule — Privacy Act of 1974; Implementation RIN: 2115-AA98]) received March 24, 2003, pur- to 5 U.S.C. 801(a)(1)(A); to the Committee on [FBI 109P; AAG/A ORDER No. 010-2003] (RIN: suant to 5 U.S.C. 801(a)(1)(A); to the Com- Transportation and Infrastructure. 1110-AA08) received March 28, 2003, pursuant mittee on Transportation and Infrastruc- 1908. A letter from the Attorney, Office of to 5 U.S.C. 801(a)(1)(A); to the Committee on ture. the Secretary of Transportation, Depart- Government Reform. 1899. A letter from the Chief, Regulations ment of Transportation, transmitting the 1888. A letter from the Assistant Attorney and Administrative Law, USCG, Department Department’s final rule — Extension of Com- General for Administration, Department of of Homeland Security, transmitting the De- puter Reservations Systems (CRS) Regula- Justice, transmitting the Department’s final partment’s final rule — Security Zones; San tions [Docket No. OST-2003-14484] (RIN: 2105- rule — Privacy Act of 1974; Implementation Francisco Bay, California [COTP San Fran- AD24) received March 26, 2003, pursuant to 5 [AAG/A Order No. 009-2003] received March cisco Bay 03-003] (RIN: 625-AA97) received U.S.C. 801(a)(1)(A); to the Committee on 28, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to March 24, 2003, pursuant to 5 U.S.C. Transportation and Infrastructure. the Committee on Government Reform. 801(a)(1)(A); to the Committee on Transpor- 1909. A letter from the Attorney, Office of 1889. A letter from the Administrator, Gen- tation and Infrastructure. the Chief Counsel, Department of Transpor- eral Services Administration, transmitting 1900. A letter from the Chief, Regulations tation, transmitting the Department’s final the Administration’s fiscal year 2004 Annual and Administrative Law, USCG, Department rule — Revisions; Definition of Adminis- Performance Plan; to the Committee on Gov- of Homeland Security, transmitting the De- trator (RIN: 2137-AD43) received April 11, ernment Reform. partment’s final rule — Safety Zone; Red 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1890. A letter from the Secretary, Postal Baron Squadron Aerobatic Flight Dem- Committee on Transportation and Infra- Rate Commission, transmitting a copy of the onstration, Long Beach, CA [COTP Los An- structure. annual report in compliance with the Gov- geles-Long Beach 03-001] (RIN: 1625-AA00) re- 1910. A letter from the Program Analyst, FAA, Department of Transportation, trans- ernment in the Sunshine Act during the cal- ceived March 24, 2003, pursuant to 5 U.S.C. mitting the Department’s final rule — Re- endar year 2002, pursuant to 5 U.S.C. 552b(j); 801(a)(1)(A); to the Committee on Transpor- pair Stations [Docket No. FAA-1999-5836] to the Committee on Government Reform. tation and Infrastructure. 1891. A letter from the Chief Administra- 1901. A letter from the Chief, Regulations (RIN: 2120-AC38) received April 4, 2003, pursu- tive Officer, transmitting the quarterly re- and Administrative Law, USCG, Department ant to 5 U.S.C. 801(a)(1)(A); to the Committee port of receipts and expenditures of appro- of Homeland Security, transmitting the De- on Transportation and Infrastructure. 1911. A letter from the Program Analyst, priations and other funds for the period Jan- partment’s final rule — Safety Zone; Ocean- FAA, Department of Transportation, trans- uary 1, 2003 through March 31, 2003 as com- side Harbor, CA [COTP San Diego 03-003] mitting the Department’s final rule — Spe- piled by the Chief Administrative Officer, (RIN: 1625-AA00) received March 24, 2003, pur- cial Operating Rules for the Conduct of In- pursuant to 2 U.S.C. 104a; (H. Doc. No. 108— suant to 5 U.S.C. 801(a)(1)(A); to the Com- strument Flight Rules (IFR) Area Naviga- 66); to the Committee on House Administra- mittee on Transportation and Infrastruc- tion (RNAV) Operations Using Global Posi- tion and ordered to be printed. ture. tioning Systems (GPS) in Alaska [Docket 1892. A letter from the Assistant Secretary, 1902. A letter from the Chief, Regulations No. FAA-2003-14305; Special Federal Aviation Fish and Wildlife and Parks, Department of and Administrative Law, USCG, Department Regulation No. 97] (RIN: 2120-AH93) received of Homeland Security, transmitting the De- the Interior, transmitting the Department’s April 4, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); partment’s final rule — Security Zones; final rule — Virgin Islands Coral Reef Na- to the Committee on Transportation and In- tional Monument (RIN: 1024-AC89) received Tampa Bay, Port of Tampa, Port of Saint frastructure. April 16, 2003, pursuant to 5 U.S.C. Petersburg, Port Manatee, Rattlesnake, Old 1912. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Resources. Port Tampa, Big Bend, Weedon Island, and FAA, Department of Transportation, trans- 1893. A letter from the Assistant Adminis- Crystal River, Florida [COTP Tampa 03-006] mitting the Department’s final rule — Air- trator, Office of Oceanic and Atmospheric (RIN: 1625-AA00) received March 24, 2003, pur- craft Registration Requirements; Clarifica- Research, National Oceanic and Atmospheric suant to 5 U.S.C. 801(a)(1)(A); to the Com- tion of ‘‘Court of Competent Jurisdiction’’ Administration, transmitting the Adminis- mittee on Transportation and Infrastruc- [Docket No. FAA-2002-12377; Amendment No. tration’s final rule — Dean John A. Knauss ture. 47-26] (RIN: 2120-AH75) received April 4, 2003, Marine Policy Fellowship, National Sea 1903. A letter from the Chief, Regulations pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Grant College Program [Docket No. and Administrative Law, USCG, Department mittee on Transportation and Infrastruc- 000522149-3063-04] (RIN: 0648-ZA) received of Homeland Security, transmitting the De- ture. April 12, 2003, pursuant to 5 U.S.C. partment’s final rule — Security Zone; Liq- 1913. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Resources. uefied Natural Gas Tankers, Cook Inlet, AK FAA, Department of Transportation, trans- 1894. A letter from the Deputy Assistant [COTP Western Alaska 02-001] (RIN: 1625- mitting the Department’s final rule — Air- Administrator for Operations, NMFS, Na- AA00 (Formerly 2115-AA97)) received March worthiness Directives; General Electric Com- tional Oceanic and Atmospheric Administra- 24, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to pany CF34-3A1, -3B, and -3B1 Turbofan En- tion, transmitting the Administration’s final the Committee on Transportation and Infra- gines [Docket No. 2001-NE-21-AD; Amend- rule — Pacific Halibut Fisheries; Subsistence structure. ment 39-13086; AD 2003-05-10] (RIN: 2120-AA64) Fishing [Docket No. 020801186-3073-02; I.D. 1904. A letter from the Chief, Regulations received April 4, 2003, pursuant to 5 U.S.C. 053102D] (RIN: 0648-AQ09) received April 22, and Administrative Law, USCG, Department 801(a)(1)(A); to the Committee on Transpor- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the of Homeland Security, transmitting the De- tation and Infrastructure. Committee on Resources. partment’s final rule — Security Zone: Pro- 1914. A letter from the Program Analyst, 1895. A letter from the Assistant General tection of Tank Ships, Puget Sound, WA FAA, Department of Transportation, trans- Counsel for Regulations, Department of [CGD13-02-018] (RIN: 1625-AA00) received mitting the Department’s final rule — Air- Housing and Urban Development, transmit- April 16, 2003, pursuant to 5 U.S.C. worthiness Directives; Air Tractor, Inc. Mod- ting the Department’s final rule — Inflation 801(a)(1)(A); to the Committee on Transpor- els AT-300, AT-301, AT-302, AT-400, and AT- Adjustment of Civil Money Penalty Amounts tation and Infrastructure. 400A Airplanes [Docket No. 2003-CE-09-AD; [Docket No. FR-4787-F-01] (RIN: 2501-AC91) 1905. A letter from the Chief, Regulations Amendment 39-13088; AD 2003-06-01] (RIN: received March 31, 2003, pursuant to 5 U.S.C. and Administrative Law, USCG, Department 2120-AA64) received April 4, 2003, pursuant to 801(a)(1)(A); to the Committee on the Judici- of Homeland Security, transmitting the De- 5 U.S.C. 801(a)(1)(A); to the Committee on ary. partment’s final rule — Security Zone; Wa- Transportation and Infrastructure. 1896. A letter from the Program Manager, ters Adjacent to San Onofre, San Diego 1915. A letter from the Program Analyst, ATF, Department of Justice, transmitting County, CA [COTP San Diego 03-014] (RIN: FAA, Department of Transportation, trans- the Department’s final rule — Implementa- 1625-AA00) received April 16, 2003, pursuant mitting the Department’s final rule — Air- tion of the Safe Explosives Act, Title XI, to 5 U.S.C. 801(a)(1)(A); to the Committee on worthiness Directives; Rolls-Royce Deutsch- Subtitle C of Public Law 107-296 [ATF No. 1; Transportation and Infrastructure. land Ltd. & Co KG, Model Tay 611-8, 620-15,

VerDate Jan 31 2003 03:15 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\L29AP7.000 H29PT1 H3450 CONGRESSIONAL RECORD — HOUSE April 29, 2003 650-15, and 651-54 Turbofan Engines [Docket 1925. A letter from the Chief, Regulations mitting the Commission’s report entitled, No. 2002-NE-37-AD; Amendment 39-13080; AD Unit, Internal Revenue Service, transmitting ‘‘Beyond Percentage Plans: The Challenge of 2003-05-04] (RIN: 2120-AA64) received April 4, the Service’s final rule — Examination of re- Equal Opportunity in Higher Education,’’ 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the turns and claims for refund, credit, or abate- pursuant to 42 U.S.C. 1975a(c); jointly to the Committee on Transportation and Infra- ment; determination of correct tax liability Committees on the Judiciary and Education structure. (Rev. Proc. 2001-54) received April 22, 2003, and the Workforce. 1916. A letter from the Program Analyst, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- f FAA, Department of Transportation, trans- mittee on Ways and Means. mitting the Department’s final rule — Air- 1926. A letter from the Chief, Regulations REPORTS OF COMMITTEES ON worthiness Directives; Wytwornia Sprzetu Unit, Internal Revenue Service, transmitting PUBLIC BILLS AND RESOLUTIONS Komunikacyjnego (WSK) PZL-Rzeszow S.A. the Service’s final rule — Low-Income Hous- Franklin 6A-350-C1, -C1A, -C1L, -C1R-C2, ing Credit — received April 22, 2003, pursuant Under clause 2 of rule XIII, reports of -C2A, and 4A-235 Series Reciprocating En- to 5 U.S.C. 801(a)(1)(A); to the Committee on committees were delivered to the Clerk gines [Docket No. 2002-NE-20-AD; Amend- Ways and Means. for printing and reference to the proper ment 39-13077; AD 2003-05-01] (RIN: 2120-AA64) 1927. A letter from the Chief, Regulations calendar, as follows: received April 4, 2003, pursuant to 5 U.S.C. Unit, Internal Revenue Service, transmitting Mr. TAUZIN: Committee on Energy and 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Qualified Commerce. H.R. 810. A bill to amend title tation and Infrastructure. 501(c)(3) Bonds [Notice 2002-10] received April 1917. A letter from the Program Analyst, XVIII of the Social Security Act to provide 22, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to regulatory relief and contracting flexibility FAA, Department of Transportation, trans- the Committee on Ways and Means. mitting the Department’s final rule — Air- under the Medicare Program; with an 1928. A letter from the Chief, Regulations amendment (Rept. 108–74, Pt. 2). Referred to worthiness Directives; Dassault Model Fal- Unit, Internal Revenue Service, transmitting con 2000 and Mystere-Falcon 900 Series Air- the Committee of the Whole House on the the Service’s final rule — Optional Methods State of the Union. planes [Docket No. 2003-NM-53-AD; Amend- for Determining the Value of the Use of ment 39-13085; AD 2003-05-09] (RIN: 2120-AA64) Mr. BOEHNER: Committee on Education Demonstration Automobiles Provided to and the Workforce. H.R. 1350. A bill to reau- received April 4, 2003, pursuant to 5 U.S.C. Employees by Automobiles Dealerships (Rev. 801(a)(1)(A); to the Committee on Transpor- thorize the Individuals with Disabilities Edu- Proc. 2001-56) received April 22, 2003, pursu- cation Act, and for other purposes; with an tation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1918. A letter from the Program Analyst, amendment (Rept. 108–77). Referred to the on Ways and Means. Committee of the Whole House on the State FAA, Department of Transportation, trans- 1929. A letter from the Chief, Regulations of the Union. mitting the Department’s final rule — Unit, Internal Revenue Service, transmitting Mr. SESSIONS: Committee on Rules. Standard Instrument Approach Procedures; the Service’s final rule — Low-Income Hous- House Resolution 206. Resolution providing Miscellaneous Amendments [Docket No. ing Credit (Rev. Rul. 2002-8) received April 22, for consideration of the bill (H.R. 1350) to re- 30359; Amdt. No. 3049] received April 4, 2003, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- authorize the Individuals with Disabilities Committee on Ways and Means. Education Act, and for other purposes (Rept. mittee on Transportation and Infrastruc- 1930. A letter from the Chief, Regulations 108–79). Referred to the House Calendar. ture. Unit, Internal Revenue Service, transmitting 1919. A letter from the Program Analyst, the Service’s final rule — Tax Problems f FAA, Department of Transportation, trans- Raised by Certain Trust Arrangements Seek- mitting the Department’s final rule — REPORTED BILL SEQUENTIALLY ing to Qualify for Exception for Collectively Standard Instrument Approach Procedures; Bargained Welfare Benefit Funds under Sec- REFERRED Miscellaneous Amendments [Docket No. 30357; Amdt. No. 3047] received April 4, 2003, tion 419A(f)(5) [Notice 2003-24] received April Under clause 2 of rule XII, bills and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 16, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to reports were delivered to the Clerk for mittee on Transportation and Infrastruc- the Committee on Ways and Means. printing, and bills referred as follows: 1931. A letter from the Chief, Regulations ture. Unit, Internal Revenue Service, transmitting Mr. TOM DAVIS of Virginia: Committee on 1920. A letter from the Program Analyst, Government Reform. H.R. 1346. A bill to FAA, Department of Transportation, trans- the Service’s final rule — Changes in Ac- counting Periods and in Methods of Account- amend the Office of Federal Procurement mitting the Department’s final rule — Policy Act to provide an additional function Standard Instrument Approach Procedures; ing (Rev. Proc. 2002-9) received April 22, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of the Administrator for Federal Procure- Miscellaneous Amendments [Docket No. ment Policy relating to encouraging Federal 30358; Amdt. No. 3048] received April 4, 2003, mittee on Ways and Means. 1932. A letter from the Chief, Regulations procurement policies that enhance energy ef- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ficiency, with an amendment; referred to the mittee on Transportation and Infrastruc- Unit, Internal Revenue Service, transmitting the Service’s final rule — Canadian Retire- Committee on Transportation and Infra- ture. structure for a period ending not later than 1921. A letter from the Program Analyst, ment Plan Trust Reporting [Notice 2003-25] June 2, 2003, for consideration of such provi- FAA, Department of Transportation, trans- received April 16, 2003, pursuant to 5 U.S.C. sions of the bill and amendment as fall with- mitting the Department’s final rule — 801(a)(1)(A); to the Committee on Ways and in the jurisdiction of that committee pursu- Standard Instrument Approach Procedures; Means. ant to clause 1(q), rule X (Rept. 108–78, Pt. 1). Miscellaneous Amendments [Docket No. 1933. A letter from the Chief, Regulations 30360; Amdt. No. 3050] received April 4, 2003, Unit, Internal Revenue Service, transmitting f pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Service’s final rule — Special Estimated mittee on Transportation and Infrastruc- Tax Payments (Rev. Rul.2003 -34) received PUBLIC BILLS AND RESOLUTIONS ture. April 16, 2003, pursuant to 5 U.S.C. Under clause 2 of rule XII, public 1922. A letter from the Director, Regula- 801(a)(1)(A); to the Committee on Ways and bills and resolutions were introduced tions Management, Department of Veterans Means. and severally referred, as follows: Affairs, transmitting the Department’s final 1934. A letter from the Regulations Officer, rule — Referrals of Information Regarding SSA, Social Security Administration, trans- By Mr. GALLEGLY (for himself, Mr. Criminal Violations (RIN: 2900-AL31) re- mitting the Administration’s final rule — POMBO, Mr. GIBBONS, and Mr. YOUNG ceived April 12, 2003, pursuant to 5 U.S.C. Special Benefits for Certain World War II of Alaska): 801(a)(1)(A); to the Committee on Veterans’ Veterans [Regulation No. 8] (RIN: 0960-AF61) H.R. 1835. A bill to amend the Endangered Affairs. received April 8, 2003, pursuant to 5 U.S.C. Species Act of 1973 to limit designation as 1923. A letter from the Chief, Regulations 801(a)(1)(A); to the Committee on Ways and critical habitat of areas owned or controlled Unit, Internal Revenue Service, transmitting Means. by the Department of Defense, and for other the Service’s final rule — Last-in, First-out 1935. A letter from the Under Secretary, purposes; to the Committee on Resources, Inventories (Rev. Rul. 2003-33) received Department of Defense, transmitting the bi- and in addition to the Committee on Armed March 24, 2003, pursuant to 5 U.S.C. ennial report on the Montgomery GI Bill Services, for a period to be subsequently de- 801(a)(1)(A); to the Committee on Ways and Education Benefits Program; jointly to the termined by the Speaker, in each case for Means. Committees on Armed Services and Vet- consideration of such provisions as fall with- 1924. A letter from the Chief, Regulations erans’ Affairs. in the jurisdiction of the committee con- Unit, Internal Revenue Service, transmitting 1936. A letter from the Comptroller Gen- cerned. the Service’s final rule — Tax Treatment of eral, General Accounting Office, transmit- By Mr. TOM DAVIS of Virginia (for Grants Made by the Empire State Develop- ting the financial audit of the Federal De- himself and Mr. HUNTER): ment Corporation to Businesses to Aid Re- posit Insurance Corporation Funds’ 2002 and H.R. 1836. A bill to make changes to cer- covery from the Attack of September 11, 2001 Financial Statements, pursuant to 12 tain areas of the Federal civil service in 2001, on the World Trade Center [Notice 2003- U.S.C. 1827; jointly to the Committees on Fi- order to improve the flexibility and competi- 18] received March 24, 2003, pursuant to 5 nancial Services and Government Reform. tiveness of Federal human resources man- U.S.C. 801(a)(1)(A); to the Committee on 1937. A letter from the Chairperson, United agement; to the Committee on Government Ways and Means. States Commission on Civil Rights, trans- Reform, and in addition to the Committees

VerDate Jan 31 2003 03:15 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\L29AP7.000 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3451 on Armed Services, and Science, for a period By Mr. ANDREWS: same metropolitan statistical area the same to be subsequently determined by the Speak- H.R. 1848. A bill to afford students and par- payment rate; to the Committee on Ways er, in each case for consideration of such pro- ents with private civil remedies for the vio- and Means, and in addition to the Committee visions as fall within the jurisdiction of the lation of their privacy rights under the Gen- on Energy and Commerce, for a period to be committee concerned. eral Education Provisions Act; to the Com- subsequently determined by the Speaker, in By Mr. TOM DAVIS of Virginia (for mittee on Education and the Workforce, and each case for consideration of such provi- himself and Mr. HUNTER): in addition to the Committee on the Judici- sions as fall within the jurisdiction of the H.R. 1837. A bill to improve the Federal ac- ary, for a period to be subsequently deter- committee concerned. quisition workforce and the process for the mined by the Speaker, in each case for con- By Mr. ANDREWS: acquisition of services by the Federal Gov- sideration of such provisions as fall within H.R. 1855. A bill to amend title XVIII of the ernment, and for other purposes; to the Com- the jurisdiction of the committee concerned. Social Security Act to require home health mittee on Government Reform, and in addi- By Mr. ANDREWS (for himself and Mr. agencies participating in the Medicare Pro- tion to the Committee on Armed Services, RANGEL): gram to conduct criminal background for a period to be subsequently determined H.R. 1849. A bill to require the establish- checks for all applicants for employment as by the Speaker, in each case for consider- ment of programs by the Administrator of patient care providers; to the Committee on ation of such provisions as fall within the ju- the Environmental Protection Agency, the Ways and Means, and in addition to the Com- risdiction of the committee concerned. Director of the National Institute for Occu- mittee on Energy and Commerce, for a pe- By Mr. EVANS: pational Safety and Health, and the Sec- riod to be subsequently determined by the H.R. 1838. A bill to amend title 38, United retary of Health and Human Services to im- Speaker, in each case for consideration of States Code, to revise the presumptions of prove indoor air quality in schools and other such provisions as fall within the jurisdic- service-connection relating to diseases and buildings; to the Committee on Energy and tion of the committee concerned. disabilities of former prisoners of war; to the Commerce, and in addition to the Committee By Mr. EHLERS: H.R. 1856. A bill to reauthorize the Harmful Committee on Veterans’ Affairs. on Education and the Workforce, for a period Algal Bloom and Hypoxia Research and Con- By Mr. GREEN of Wisconsin (for him- to be subsequently determined by the Speak- trol Act of 1998, and for other purposes; to er, in each case for consideration of such pro- self and Mr. PENCE): the Committee on Science, and in addition H.R. 1839. A bill to amend the Act of Octo- visions as fall within the jurisdiction of the to the Committee on Resources, for a period ber 19, 1949, entitled ‘‘An Act to assist States committee concerned. to be subsequently determined by the Speak- By Mr. GUTIERREZ: in collecting sales and use taxes on er, in each case for consideration of such pro- H.R. 1850. A bill to provide for automatic cigarettes‘‘; to the Committee on the Judici- visions as fall within the jurisdiction of the naturalization for noncitizen members of the ary. committee concerned. Armed Forces ordered to serve in a combat By Mr. ANDREWS: By Mr. HASTINGS of Florida: H.R. 1840. A bill to amend the Elementary zone, and to extend immigration benefits to H.R. 1857. A bill to authorize assistance to and Secondary Education Act of 1965 to au- surviving spouses, children, and parents of combat the growing HIV/AIDS problem in thorize grants for the repair, renovation, al- persons granted posthumous citizenship countries in sub-Saharan Africa and the Car- teration, and construction of public elemen- through death while on active-duty service ibbean; to the Committee on International tary and secondary school facilities; to the in the Armed Forces; to the Committee on Relations. Committee on Education and the Workforce. the Judiciary. By Mrs. JOHNSON of Connecticut (for By Mr. NEY (by request): By Mr. ANDREWS: herself, Mr. LEVIN, and Mr. MATSUI): H.R. 1841. A bill to better assist lower in- H.R. 1851. A bill to amend the Public H.R. 1858. A bill to provide a permanent come families to obtain decent, safe, and af- Health Service Act and Employee Retire- funding level for the Social Services Block fordable housing through the conversion of ment Income Security Act of 1974 to require Grant, and to authorize States to use 10 per- the section 8 housing choice voucher pro- that group and individual health insurance cent of their TANF funds to carry out Social gram into a State-administered block grant; coverage and group health plans provide cov- Services Block Grant programs; to the Com- to the Committee on Financial Services. erage for annual screening mammography mittee on Ways and Means. By Mr. ANDREWS: for any class of covered individuals if the By Mr. LARSON of Connecticut (for H.R. 1842. A bill to amend title I of the Em- coverage or plans include coverage for diag- himself, Mr. WELDON of Pennsyl- ployee Retirement Income Security Act of nostic mammography for such class and to vania, Mr. SIMMONS, Ms. DELAURO, 1974 to require persons who are plan adminis- amend title XIX of the Social Security Act Mrs. JOHNSON of Connecticut, Mr. trators of employee pension benefit plans or to provide for coverage of annual screening SHAYS, Mr. GOODE, Mr. ENGLISH, Mr. provide administrative services to such mammography under the Medicaid Program; PETRI, Mr. MCHUGH, Mr. WILSON of plans, and who also provide automobile in- to the Committee on Energy and Commerce, South Carolina, Mr. MCGOVERN, Mr. surance coverage or provide persons offering and in addition to the Committee on Edu- FROST, Mr. PLATTS, and Mr. FORD): such coverage identifying information relat- cation and the Workforce, for a period to be H.R. 1859. A bill to amend the Internal Rev- ing to plan participants or beneficiaries, to subsequently determined by the Speaker, in enue Code of 1986 to exclude from income and submit to the Federal Trade Commission each case for consideration of such provi- employment taxes and wage withholding certain information relating to such auto- sions as fall within the jurisdiction of the property tax rebates and other benefits pro- mobile insurance coverage; to the Com- committee concerned. vided to volunteer firefighters and emer- mittee on Education and the Workforce. By Mr. ANDREWS: gency medical responders; to the Committee By Mr. ANDREWS: H.R. 1852. A bill to assure equitable treat- on Ways and Means. H.R. 1843. A bill to amend the Higher Edu- ment of fertility and impotence in health By Mr. LEVIN (for himself and Mr. cation Act of 1965 to require institutions of care coverage under group health plans, FOLEY): higher education to notify parents con- health insurance coverage, and health plans H.R. 1860. A bill to promote primary and cerning missing person reports about their under the Federal employees’ health benefits secondary health promotion and disease pre- children, and for other purposes; to the Com- program; to the Committee on Energy and vention services and activities among the el- mittee on Education and the Workforce. Commerce, and in addition to the Commit- derly, to amend title XVIII of the Social Se- By Mr. ANDREWS: tees on Education and the Workforce, and curity Act to add preventive health benefits, H.R. 1844. A bill to establish State revolv- Government Reform, for a period to be sub- and for other purposes; to the Committee on ing funds for school construction; to the sequently determined by the Speaker, in Energy and Commerce, and in addition to Committee on Education and the Workforce. each case for consideration of such provi- the Committee on Ways and Means, for a pe- By Mr. ANDREWS: sions as fall within the jurisdiction of the riod to be subsequently determined by the H.R. 1845. A bill to provide grants to States committee concerned. Speaker, in each case for consideration of to establish, expand, or enhance prekinder- By Mr. ANDREWS: such provisions as fall within the jurisdic- garten programs for children who are not yet H.R. 1853. A bill to amend title XVIII of the tion of the committee concerned. enrolled in kindergarten; to the Committee Social Security Act to require the prepara- By Mr. PALLONE (for himself, Mr. on Education and the Workforce. tion of audit reports based upon the financial MARKEY, Mr. BROWN of Ohio, Mr. By Mr. ANDREWS: auditing of MedicareChoice organizations HOLT, and Ms. JACKSON-LEE of H.R. 1846. A bill to amend the Federal De- and to make such reports available to the Texas): posit Insurance Corporation Improvement public; to the Committee on Ways and H.R. 1861. A bill to help protect the public Act of 1991 to provide for the collection of Means, and in addition to the Committee on against the threat of chemical attacks; to data on the availability of credit for women- Energy and Commerce, for a period to be the Committee on Energy and Commerce. owned business; to the Committee on Finan- subsequently determined by the Speaker, in By Mr. PETERSON of Pennsylvania cial Services. each case for consideration of such provi- (for himself, Mr. GREENWOOD, Mr. By Mr. ANDREWS: sions as fall within the jurisdiction of the ENGLISH, Mr. DOYLE, Mr. MURPHY, H.R. 1847. A bill concerning denial of pass- committee concerned. Mr. KANJORSKI, Mr. MURTHA, Ms. ports to noncustodial parents subject to By Mr. ANDREWS: HART, Mr. PLATTS, Mr. HOEFFEL, Mr. State arrest warrants in cases of non- H.R. 1854. A bill to amend part C of title BRADY of Pennsylvania, Mr. GER- payment of child support; to the Committee XVIII of the Social Security Act to reim- LACH, Mr. FATTAH, Mr. HOLDEN, and on International Relations. burse MedicareChoice plans located in the Mr. SHERWOOD):

VerDate Jan 31 2003 03:15 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\L29AP7.100 H29PT1 H3452 CONGRESSIONAL RECORD — HOUSE April 29, 2003 H.R. 1862. A bill to establish the Oil Region Greensboro, North Carolina, as a unit of the to the Committees on Energy and Commerce National Heritage Area; to the Committee National Park System, and for other pur- and Ways and Means. on Resources. poses; to the Committee on Resources. 26. Also, a memorial of the Senate of the By Mr. ROGERS of Michigan: By Mr. WILSON of South Carolina: State of Michigan, relative to Senate Reso- H.R. 1863. A bill to declare adequate pain H.R. 1870. A bill to amend section 1951 of lution No. 37 memorializing the Congress to care research, education, and treatment as title 18, United States Code (commonly support the President’s strategy for pro- national public health priorities, and for known as the Hobbs Act), and for other pur- tecting the security of the United States other purposes; to the Committee on Energy poses; to the Committee on the Judiciary. through our efforts in Iraq and to support for and Commerce, and in addition to the Com- By Mr. WU: the men and women of our military and their mittees on Ways and Means, Armed Services, H.R. 1871. A bill to encourage partnerships families; jointly to the Committees on Inter- and Veterans’ Affairs, for a period to be sub- between community colleges and four-year national Relations and Armed Services. sequently determined by the Speaker, in colleges and universities; to the Committee f each case for consideration of such provi- on Education and the Workforce. sions as fall within the jurisdiction of the By Mr. NEY (for himself and Mr. PRIVATE BILLS AND committee concerned. LARSON of Connecticut): RESOLUTIONS By Mr. ROHRABACHER (for himself H. Con. Res. 156. Concurrent resolution ex- Under clause 3 of rule XII, and Mr. HONDA): tending congratulations to the United States H.R. 1864. A bill to preserve certain actions Capitol Police on the occasion of its 175th Mr. OTTER introduced a bill (H.R. 1872) for in Federal court brought by members of the anniversary and expressing gratitude to the the relief of the heirs and assigns of Hattie United States Armed Forces held as pris- men and women of the United States Capitol Davis Rogers of the Nez Perce Indian Res- oners of war by Japan during World War II Police and their families for their devotion ervation, Idaho; which was referred to the against Japanese nationals seeking com- to duty and service in safeguarding the free- Committee on the Judiciary. pensation for mistreatment or failure to pay doms of the American people; to the Com- f wages in connection with labor performed in mittee on House Administration. considered Japan to the benefit of the Japanese nation- and agreed to. ADDITIONAL SPONSORS als, and for other purposes; to the Com- By Mr. ROGERS of Michigan: Under clause 7 of rule XII, sponsors mittee on the Judiciary, and in addition to H. Con. Res. 157. Concurrent resolution ex- were added to public bills and resolu- the Committees on International Relations, pressing the sense of Congress supporting tions as follows: and Government Reform, for a period to be education to reduce childhood injuries; to subsequently determined by the Speaker, in the Committee on Energy and Commerce. H.R. 34: Ms. NORTON, Ms. LOFGREN, and Mr. each case for consideration of such provi- By Mr. PORTER (for himself, Mr. OBERSTAR. H.R. 40: Mr. HONDA. sions as fall within the jurisdiction of the HOEKSTRA, Mr. MCKEON, Mr. CASTLE, H.R. 49: Mr. BRADLEY of New Hampshire committee concerned. Mr. DEMINT, Mrs. MUSGRAVE, Mr. and Mr. SMITH of Washington. By Mr. SCOTT of Georgia: ROGERS of Michigan, Mr. CHOCOLA, H.R. 50: Ms. HART. H.R. 1865. A bill to authorize the Secretary Mr. HAYWORTH, Mr. KELLER, Mrs. H.R. 51: Mr. BONILLA. of Housing and Urban Development to make BLACKBURN, and Mr. REHBERG): H.R. 57: Mr. BURR, Mr. DEAL of Georgia, grants to States, units of general local gov- H. Res. 204. A resolution congratulating and Mr. FOSSELLA. ernment, and nonprofit organizations for charter schools across the United States, and H.R. 58: Mr. STEARNS, Mr. ROTHMAN, Mr. counseling and education programs for the the students, parents, teachers, and adminis- DICKS, Mr. JENKINS, Mr. KENNEDY of Rhode prevention of predatory lending and to estab- trators of such schools, for their ongoing Island, Mr. DUNCAN, and Mr. GORDON. lish a toll-free telephone number for com- contributions to education, and for other H.R. 63: Mr. GOSS and Ms. GINNY BROWN- plaints regarding predatory lending, and for purposes; to the Committee on Education WAITE of Florida. other purposes; to the Committee on Finan- and the Workforce. considered and agreed to. H.R. 92: Mr. RYAN of Ohio. cial Services. By Mr. FROST: H.R. 100: Mr. FALEOMAVAEGA and Mr. GAR- By Mr. SWEENEY (for himself and Mr. H. Res. 207. A resolution honoring the life RETT of New Jersey. MCNULTY): and achievements of Dallas Morning News H.R. 117: Mr. SCHROCK. H.R. 1866. A bill to reinstate and transfer a Reporter Sam Attlesey and expressing sor- H.R. 125: Mrs. CAPPS. hydroelectric license under the Federal row on the occasion of his death; to the Com- H.R. 126: Ms. LOFGREN and Ms. LEE. Power Act to permit the redevelopment of a mittee on Government Reform. H.R. 133: Mr. ISRAEL. hydroelectric project located in the State of f H.R. 140: Mr. BARRETT of South Carolina. New York, and for other purposes; to the H.R. 206: Mr. GORDON and Mr. BEAUPREZ. Committee on Energy and Commerce. MEMORIALS H.R. 208: Mr. ISRAEL. By Mr. VITTER: H.R. 218: Mr. MORAN of Kansas, Mr. H.R. 1867. A bill to amend title 44, United Under clause 3 of rule XII, memorials were presented and referred as follows: FALEOMAVAEGA, Mr. SHERMAN, and Mr. States Code, to provide for the suspension of MCNULTY. fines under certain circumstances for first- 22. The SPEAKER presented a memorial of H.R. 223: Mr. HOEKSTRA. time paperwork violations by small business the Senate of the State of Louisiana, rel- H.R. 224: Mr. HOEKSTRA. concerns; to the Committee on Government ative to Senate Concurrent Resolution No. 1 H.R. 236: Ms. SCHAKOWSKY, Mr. ENGEL, Mr. Reform, and in addition to the Committee on memorializing the Congress of the United FRANK of Massachusetts, Mr. MILLER of Small Business, for a period to be subse- States to adopt and place on the ballot a na- North Carolina, Ms. MAJETTE, and Mr. RYAN quently determined by the Speaker, in each tional referendum to maintain the words of Ohio. case for consideration of such provisions as ‘‘one nation under God’’ in the Pledge of Al- H.R. 278: Mr. BURR and Mr. GREEN of Wis- fall within the jurisdiction of the committee legiance; to the Committee on the Judiciary. consin. concerned. 23. Also, a memorial of the General Assem- H.R. 284: Mr. FOLEY, Mr. HUNTER, Mr. By Ms. WATERS (for herself, Mr. DAVIS bly of the State of Tennessee, relative to MCDERMOTT, Ms. DELAURO, Mr. FOSSELLA, of Illinois, Ms. NORTON, Mr. SERRANO, Senate Joint Resolution No. 184 memori- Mr. DEFAZIO, Mr. BISHOP of New York, Mr. Mr. THOMPSON of Mississippi, Ms. alizing the Congress of the United States to SHUSTER, Mr. SMITH of Washington, Mr. LEE, Ms. KAPTUR, Ms. JACKSON-LEE of act expeditiously to allow for the deduction BOEHLERT, and Mr. BEREUTER. Texas, Mr. UDALL of New Mexico, Mr. of state and local sales in the computation of H.R. 300: Mr. PETERSON of Pennsylvania. ABERCROMBIE, and Ms. EDDIE BERNICE Federal income tax liability, as would be al- H.R. 303: Mr. MOLLOHAN, Mr. ROYCE, Mr. JOHNSON of Texas): lowed under the provisions of H.R. 720; to the MARKEY, Mr. DOOLEY of California, Mr. H.R. 1868. A bill to amend the Public Committee on Ways and Means. FORBES, Ms. CARSON of Indiana, Mr. SCOTT, Health Service Act to establish a program to 24. Also, a memorial of the Legislature of of Georgia, Ms. KAPTUR, Mr. SHERMAN, Mr. provide screenings and treatment for cancer the State of Montana, relative to House COBLE, Mr. PORTMAN, Mr. MCINNIS, and Mr. to minority and other populations served by Joint Resolution No. 34 memorializing the BURGESS. health centers under section 330 of such Act, Congress to approve legislation to allow tax- H.R. 328: Mr. LANTOS, Ms. KILPATRICK, Ms. and for other purposes; to the Committee on payers to deduct sales taxes paid on their LOFGREN, Ms. KAPTUR, Ms. WATERS, Mr. Energy and Commerce. federal income tax return sales in the com- RYAN of Ohio, Mr. DOOLEY of California, Mr. By Mr. WATT (for himself, Mr. JONES putation of Federal income tax return; to ACKERMAN, Ms. SOLIS, and Mr. BELL. of North Carolina, Mr. UDALL of Colo- the Committee on Ways and Means. H.R. 331: Mr. BARTLETT of Maryland. rado, Mr. ROSS, Mr. FRANK of Massa- 25. Also, a memorial of the Senate of the H.R. 348: Mr. GRIJALVA and Mr. STRICK- chusetts, Mr. HOUGHTON, Mr. State of North Dakota, relative to Senate LAND. CAPUANO, Ms. SOLIS, Mr. FORBES, and Concurrent Resolution No. 4023 memori- H.R. 369: Mrs. MILLER of Michigan. Mr. HINCHEY): alizing the Congress to enact financially sus- H.R. 373: Ms. LINDA T. SANCHEZ of Cali- H.R. 1869. A bill to authorize the Secretary tainable, voluntary, universal, outpatient fornia. of the Interior to study the suitability and prescription drug coverage with consider- H.R. 391: Ms. GRANGER, Mr. BRADY of feasibility of designating the International ation for privately administered plans as Texas, Mr. MORAN of Kansas, and Mr. Civil Rights Center and Museum, located in part of the federal Medicare program; jointly WELDON of Florida.

VerDate Jan 31 2003 03:15 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\L29AP7.100 H29PT1 April 29, 2003 CONGRESSIONAL RECORD — HOUSE H3453

H.R. 401: Mr. TANCREDO, Mr. LANTOS, and H.R. 813: Ms. LEE and Mr. GORDON. H.R. 1145: Mr. HINCHEY and Mrs. Mr. DEUTSCH. H.R. 814: Mr. DAVIS of Tennessee, Mr. NAPOLITANO. H.R. 424: Mr. ISRAEL. BALLANCE, Mr. BRADLEY of New Hampshire, H.R. 1146: Mr. POMBO and Mr. NORWOOD. H.R. 442: Mr. MILLER of North Carolina, Mr. DUNCAN, and Mr. MURPHY. H.R. 1155: Mr. UDALL of Colorado, Ms. Mr. SMITH of Washington, Mr. SAXTON, Ms. H.R. 816: Mr. ABERCROMBIE, Mr. ISAKSON, SCHAKOWSKY, Mr. SANDERS, Ms. MAJETTE, DELAURO, and Mr. GORDON. and Mr. SMITH of New Jersey. Ms. NORTON, Mr. SHAYS, Mr. EHLERS, Mr. H.R. 445: Mr. PAYNE and Mr. CLYBURN. H.R. 819: Mr. PALLONE, Mr. PEARCE, Mr. WEXLER, Mr. WYNN, Mr. MCNULTY, Mr. ABER- H.R. 457: Mr. KLINE. TURNER of Texas, Mr. FROST, and Mr. GREEN CROMBIE, Mr. GORDON, and Mr. FRANK of Mas- H.R. 489: Mr. BARTLETT of Maryland. of Texas. sachusetts. H.R. 497: Mr. COX. H.R. 832: Ms. PELOSI, Ms. MAJETTE, Mr. H.R. 1157: Mr. WAMP, Mr. ETHERIDGE, Ms. H.R. 527: Mr. FOLEY, Mr. WOLF, and Mr. SHERMAN, Mr. MORAN of Virginia, and Mrs. EDDIE BERNICE JOHNSON of Texas, Ms. KAP- ACKERMAN. CAPPS. TUR, and Mrs. TAUSCHER. H.R. 528: Mr. MARKEY, Mr. HONDA, Mr. KEN- H.R. 839: Mr. RAMSTAD and Mr. HOUGHTON. H.R. 1168: Ms. MAJETTE, Mr. WILSON of NEDY of Rhode Island, Mr. WEXLER, and Mr. H.R. 857: Mrs. MCCARTHY of New York, Mr. South Carolina, Mr. EMANUEL, and Ms. LINDA MORAN of Virginia. PETERSON of Minnesota, Mr. ENGEL, Mr. T. SANCHEZ of California. H.R. 543: Mr. MURPHY. DEUTSCH, and Mr. HINCHEY. H.R. 1170: Mr. LATOURETTE. H.R. 548: Mr. FARR, Mr. MCNULTY, Mr. H.R. 870: Mr. COLLINS, Mr. JEFFERSON, Mr. H.R. 1179: Mr. CANTOR, Mr. HAYES, Mr. DOGGETT, Mr. BONNER, Ms. EDDIE BERNICE CRANE, and Mr. KLECZKA. BURR, Mr. TURNER of Texas, and Mr. LEWIS of JOHNSON of Texas, Mr. MARKEY, Mrs. BONO, H.R. 871: Mr. LAHOOD. Kentucky. Mr. TIERNEY, Mr. HALL, Mr. SNYDER, Mr. H.R. 872: Mr. MCHUGH. H.R. 1180: Mr. SWEENEY. CANNON, and Mr. HERGER. H.R. 879: Mr. FILNER and Mr. BROWN of H.R. 1185: Mr. GORDON. H.R. 569: Mr. FRANK of Massachusetts. Ohio. H.R. 1191: Mr. ANDREWS. H.R. 571: Mr. MICA, Mr. ADERHOLT, Mr. H.R. 882: Mr. EHLERS, Mr. PASCRELL, Mr. H.R. 1196: Ms. MCCOLLUM, Mr. FROST, Mr. BOEHLERT, Mr. CARTER, Mr. TANCREDO, Mr. HOUGHTON, and Mr. ANDREWS. FRANK of Massachusetts, Ms. SLAUGHTER, FILNER, Mr. GOODE, Mr. BONNER, Ms. DUNN, H.R. 898: Mr. MEEKS of New York, Mr. Ms. LOFGREN, Mr. BROWN of Ohio, Mr. OLVER, and Mr. ROGERS of Michigan. EVANS, Mr. STENHOLM, and Ms. EDDIE BER- Mr. MATSUI, Mr. SHAYS, and Mr. BELL. H.R. 584: Mr. FOLEY. NICE JOHNSON of Texas. H.R. 1199: Mr. RYAN of Ohio, Mr. SCOTT of H.R. 594: Mrs. MUSGRAVE, Mr. DEAL of H.R. 919: Mr. BERMAN, Ms. LINDA T. Georgia, and Mr. ISRAEL. Georgia, Mr. ANDREWS, Mr. SCOTT of Georgia, SANCHEZ of California, Mr. WEINER, Mr. H.R. 1206: Ms. GINNY BROWN-WAITE of Flor- Mr. RAHALL, Mr. ROSS, Mr. DUNCAN, Mr. LARSON of Connecticut, Mr. REYES, Mr. ida and Mr. PAUL. MURPHY, Mrs. MALONEY, and Mr. BURGESS. COBLE, Mrs. CAPPS, and Mr. COLE. H.R. 1214: Mr. PETERSON of Minnesota, Mr. H.R. 623: Mr. CASE and Mr. PETERSON of H.R. 931: Mr. BOOZMAN, Mr. PETERSON of COOPER, Mrs. EMERSON, Mr. LARSON of Con- Minnesota. Pennsylvania, Mr. WAMP, Mrs. JO ANN DAVIS necticut, and Mr. DICKS. H.R. 648: Mr. JONES of North Carolina and of Virginia, and Mr. SCHROCK. H.R. 1222: Mr. TIBERI, Mr. PICKERING, and Mr. BURTON of Indiana. H.R. 936: Mr. DEFAZIO and Mrs. CAPPS. Mr. PLATTS. H.R. 687: Mr. CHABOT, Mr. GINGREY, Mr. H.R. 941: Mr. FRANK of Massachusetts. H.R. 1233: Mr. OTTER, Mr. EHLERS, Mr. COLLINS, Mr. FEENEY, Mr. BURNS, Mr. CAL- H.R. 953: Mr. MICA. BEAUPREZ, and Mr. SENSENBRENNER. VERT, Mr. PAUL, Ms. HART, Mr. SHAYS, Mr. H.R. 973: Mr. LEWIS of Georgia and Mr. H.R. 1244: Mr. KUCINICH, Mr. KILDEE, Mr. FRANKS of Arizona, and Mr. LEWIS of Ken- GORDON. OWENS, Ms. EDDIE BERNICE JOHNSON of Texas, tucky. H.R. 979. Mr. ANDREWS. Mr. COSTELLO, and Mr. MICA. H.R. 713: Mr. MORAN of Kansas, Mr. OLVER, H.R. 980: Mr. MOORE and Mr. PETERSON of H.R. 1261: Mr. NORWOOD. Mr. ROSS, and Mr. JONES of North Carolina. Minnesota. H.R. 1275: Mr. SHERMAN, Mr. KENNEDY of H.R. 714: Mr. MANZULLO and Mr. OTTER. H.R. 990: Mr. BURTON of Indiana and Mr. Rhode Island, Mr. ETHERIDGE, Ms. WOOLSEY, H.R. 717: Ms. NORTON, Mr. MEEHAN, Ms. MILLER of Florida. Mr. WAXMAN, Mr. MEHAN, Mrs. WILSON of MILLENDER-MCDONALD, Mr. FRANK of Massa- H.R. 1006: Mr. FILNER, Mr. ISRAEL, Mr. New Mexico, and Mr. MCDERMOTT. chusetts, Mr. MOORE, Mr. BELL, Mr. GREEN of PRICE of North Carolina, and Ms. LOFGREN. H.R. 1285: Mr. ACKERMAN, Mr. BLUMENAUER, Texas, Mr. GUTIERREZ, and Ms. VELAZQUEZ. H.R. 1022: Mr. UDALL of New Mexico, Mr. Ms. CORRINE BROWN of Florida, Ms. CARSON H.R. 728: Mr. NETHERCUTT and Mr. WILSON BELL, Mr. GRIJALVA, Ms. CORRINE BROWN of of Indiana, Mrs. CHRISTENSEN, Mr. CONYERS, of South Carolina. Florida, and Mr. HINCHEY. Mr. DAVIS of Illinois, Mr. DELAHUNT, Mr. H.R. 731: Ms. ROYBAL-ALLARD, Mr. H.R. 1029: Mr. MARKEY. DEUTSCH, Mr. DOOLEY of California, Mr. MICHAUD, Mr. FOLEY, Ms. WATERS, Mr. INS- H.R. 1042: Mr. THOMPSON of Mississippi. ENGEL, Mr. FALEOMAVAEGA, Mr. FILNER, Mr. LEE, Mr. BRADY of Pennsylvania, and Mr. H.R. 1043: Ms. HARRIS. FRANK of Massachusetts, Mr. HINCHEY, Ms. COLE. H.R. 1049: Mr. STENHOLM. JACKSON-LEE of Texas, Mr. JEFFERSON, Mr. H.R. 734: Mr. DAVIS of Illinois. H.R. 1052: Ms. BALDWIN and Mr. DEFAZIO. KENNEDY of Rhode Island, Ms. LEE, Mr. H.R. 738: Mr. RYAN of Ohio, Mr. NEAL of H.R. 1068: Ms. SLAUGHTER, Mr. BOSWELL, LEWIS of Georgia, Mr. MARKEY, Mr. MATSUI, Massachusetts, Ms. LINDA T. SANCHEZ of Mr. OBERSTAR, and Mr. GUTIERREZ. Mr. MCGOVERN, Ms. MILLENDER-MCDONALD, California, Mr. ABERCROMBIE, Mrs. JOHNSON H.R. 1083: Mr. CUMMINGS. Mr. NADLER, Mr. OBEY, Mr. OLVER, Mr. RAN- of Connecticut, and Ms. ESHOO. H.R. 1084: Mr. MILLER of Florida, Mr. GEL, Mr. SANDERS, Mr. SHERMAN, Ms. WAT- H.R. 742: Mr. MORAN of Virginia, Mr. CUNNINGHAM, and Mr. PETERSON of Min- SON, Mr. WEXLER, Ms. WOOLSEY, and Mr. HAYES, Mr. FRANK of Massachusetts, Mr. nesota. WYNN. HOLT, Mr. ROTHMAN, Mr. JOHN, Mr. MCGOV- H.R. 1096: Mr. POMEROY. H.R. 1305: Mr. CHOCOLA. ERN, Mr. BISHOP of New York, Mr. MANZULLO, H.R. 1102: Mr. DEUTSCH, Mr. BOYD, and Mr. H.R. 1309: Ms. JACKSON-LEE of Texas and Mr. ALEXANDER, Mr. BISHOP of Utah, Mr. CARDIN. Mr. FROST. BOUCHER, Mr. CLAY, Mr. ISRAEL, Mr. LARSEN H.R. 1108: Mr. WEXLER. H.R. 1310: Mr. BLUNT, Mr. VITTER, Mr. of Washington, and Mr. UPTON. H.R. 1111: Mr. FOLEY, Mrs. WILSON of New BARTLETT of Maryland, Mr. BONNER, Mr. H.R. 756: Mr. AKIN. Mexico, and Mr. RAHALL. HOUGHTON, and Mr. CANTOR. H.R. 767: Mrs. MUSGRAVE, Mr. EHLERS, Mr. H.R. 1117: Mr. PAUL, Mr. GARRETT of New H.R. 1320: Mr. ISSA and Mrs. WILSON of New FOLEY, Mr. CAMP, Mr. GARRETT of New Jer- Jersey, Mr. BURTON of Indiana, and Mr. Mexico. sey, Mr. LINCOLN DIAZ-BALART of Florida, GOODE. H.R. 1323: Ms. MAJETTE, Mr. CARSON of and Mr. DOOLITTLE. H.R. 1119: Mr. DEAL of Georgia, Mr. PETER- Oklahoma, and Mr. UDALL of Colorado. H.R. 768: Ms. MILLENDER-MCDONALD and SON of Pennsylvania, and Mr. JONES of North H.R. 1332: Mr. TERRY and Mr. GORDON. Mr. LAHOOD. Carolina. H.R. 1342: Mr. BELL, Mr. ROSS, and Ms. H.R. 776: Mr. MARKEY and Mr. HOEFFEL. H.R. 1120: Mr. ANDREWS. BALDWIN. H.R. 785: Ms. MCCOLLUM, Mr. TURNER of H.R. 1125: Mr. LARSEN of Washington, Mr. H.R. 1345: Ms. NORTON, Mr. WYNN, and Mr. Texas, Mr. LATOURETTE, Mr. FOSSELLA, Mr. ABERCROMBIE, Mr. Chocola, Mr. FORD, Ms. BELL. HINCHEY, Mr. MOORE, Mr. LUCAS of Ken- VELAZQUEZ, Mr. LYNCH, Mr. MORAN of Kan- H.R. 1348: Mr. ANDREWS. tucky, Mr. FILNER, and Mr. HOUGHTON. sas, Mr. ALEXANDER, Mr. SNYDER, Mr. WAMP, H.R. 1350: Mr. GORDON and Mr. BELL. H.R. 786: Mr. RENZI, Mr. FILNER, and Mr. Mrs. CAPPS, Mr. EVANS, Mrs. CUBIN, Mr. H.R. 1357: Ms. WOOLSEY. HOUGHTON. BONNER, Mr. CRAMER, Mr. WILSON of South H.R. 1358: Ms. WOOLSEY and Mr. DOYLE. H.R. 792: Mr. PASTOR, Mr. FRANKs of Ari- Carolina, Mr. CUNNINGHAM, Mr. GRIJALVA, H.R. 1359: Mr. MATSUI. zona, Mr. GRIJALVA, Mr. PEARCE, and Mr. Mr. MARKEY, Mr. UDALL of Colorado, Mr. H.R. 1366: Mr. Gutierrez. LAHOOD. LAHOOD, Mr. LEWIS of Georgia, and Mr. H.R. 1374: Ms. LINDA T. SANCHEZ of Cali- H.R. 800: Mr. BARRETT of South Carolina PEARCE. fornia. and Mr. SULLIVAN. H.R. 1130: Mr. SANDLIN. H.R. 1376: Mr. MCDERMOTT. H.R. 806: Mr. PRICE of North Carolina, Mrs. H.R. 1133: Ms. GINNY BROWN-WAITE of Flor- H.R. 1381: Ms. WOOLSEY, Ms. SCHAKOWSKY, MALONEY, Mr. MCNULTY, and Mr. MCINNIS. ida, and Ms. LEE. Mr. STENHOLM, Ms. CORRINE BROWN of Flor- H.R. 808: Mr. SHAW. H.R. 1144: Mr. ISRAEL, Mr. VAN HOLLEN, Mr. ida, Mr. ENGEL, Mr. HINCHEY, Mr. GUTIERREZ, H.R. 809: Mr. MORAN of Virginia. DOYLE, Mr. HOEFFEL, and Mr. HINOJOSA. and Mr. HOLDEN.

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H.R. 1388: Mr. PALLONE and Mr. FERGUSON. H.R. 1685: Mr. LEWIS of California, Mr. MATSUI, Ms. JACKSON-LEE of Texas, Ms. H.R. 1389: Ms. WOOLSEY. FROST, Mr. MORAN of Virginia, Mr. WILSON of MILLENDER-MCDONALD, Mr. FRANK of Massa- H.R. 1409: Mr. PALLONE. South Carolina, Mr. SHAYS, Mrs. WILSON of chusetts, Mrs. MALONEY, Mr. KENNEDY of H.R. 1418: Mr. BROWN of Ohio, Mr. SMITH of New Mexico, Mr. LINCOLN DIAZ-BALART of Rhode Island, Ms. DELAURO, Mr. STARK, Ms. Michigan, Mr. MCGOVERN, and Mr. FROST. Florida, and Mr. RANGEL. BALDWIN, Mr. BLUMENAUER, Mr. WAXMAN, H.R. 1425: Ms. LINDA T. SANCHEZ of Cali- H.R. 1687: Mr. RANGEL, Mr. NUNES, Mr. and Mr. BAIRD. fornia. RENZI, and Mr. DAVIS of Illinois. H.J. Res. 4: Mr. CARSON of Oklahoma, Mr. H.R. 1430: Mr. BROWN of Ohio, Mr. GEORGE H.R. 1692: Mr. EMANUEL, Mr. HINOJOSA, and SCOTT of Georgia, Mr. UPTON, Mr. BARTLETT MILLER of California, Mr. ENGEL, Ms. SOLIS, Mr. RUSH. of Maryland, and Mr. MOLLOHAN. Mr. GRIJALVA, and Ms. ESHOO. H.R. 1693: Ms. SLAUGHTER. H.J. Res. 46: Mr. BOOZMAN. H.R. 1448: Mr. FALEOMAVAEGA, Mr. MEEHAN, H.R. 1700: Mrs. MALONEY. H. Con. Res. 49: Mrs. CAPPS, Mrs. JO ANN Mr. SANDERS, Mr. GEORGE MILLER of Cali- H.R. 1705: Mr. BELL. DAVIS of Virginia, Mr. SHAYS, and Mr. GER- fornia, and Mr. BELL. H.R. 1708: Mr. CLAY, Mr. SCHIFF, Mr. QUINN, LACH. H.R. 1472: Mr. FRANK of Massachusetts, Mr. Mr. WEINER, Mr. KIND, Mr. UDALL of Colo- H. Con. Res. 56: Ms. LEE, Mrs. MCCARTHY of MCDERMOTT, Mr. LATOURETTE, Mr. HINCHEY, rado, Mr. COSTELLO, Mr. FILNER, Mr. New York, Mr. MORAN of Virginia, Mr. Mr. FARR, Mr. DELAHUNT, Mr. WAXMAN, Mr. CARDOZA, Mr. EMANUEL, Mr. ANDREWS, Mr. HAYWORTH, Mr. WAXMAN, Mr. RYAN of Ohio, GRIJALVA, and Mr. OLVER. LATOURETTE, Mr. CASE, Mr. SANDERS, Mr. Mr. MCGOVERN, Mrs. MALONEY, Mr. PICK- H.R. 1477: Mr. PAUL and Ms. KILPATRICK. TOWNS, Mr. ISRAEL, Mr. VAN HOLLEN, Mr. ERING, and Ms. CORRINE BROWN of Florida. H.R. 1478: Mr. REHBERG, Mr. CUNNINGHAM, SCOTT of Virginia, Mr. BERMAN, Mrs. MCCAR- H. Con. Res. 98: Mr. CHABOT, Mr. FLETCHER, and Mr. PLATTS. THY of New York, Mrs. CHRISTENSEN, Mr. Mr. CARSON of Oklahoma, and Mr. CAPUANO. ETHERIDGE, Mr. RYAN of Ohio, Mr. DAVIS of H.R. 1480: Mr. FROST. H. Con. Res. 110: Ms. ESHOO and Ms. UMMINGS OSTELLO Tennessee, Mr. PALLONE, Mr. UDALL of New H.R. 1491: Mr. C and Mr. C . SCHAKOWSKY. H.R. 1508: Mr. NADLER and Mr. LANTOS. Mexico, Mr. BERRY, Ms. SLAUGHTER, Mr. H. Con. Res. 111: Mr. OLVER, Ms. WOOLSEY, H.R. 1512: Mr. UPTON, Mr. ROGERS of Michi- ISAKSON, Mr. ACKERMAN, Mr. REYES, Mr. Ms. LOFGREN, Mr. CAMP, Mr. GEORGE MILLER gan, and Mr. EHLERS. GORDON, Mr. ABERCROMBIE, Mr. MATSUI, Mr. of California, Mrs. MYRICK, Mr. DEFAZIO, and H.R. 1517: Mr. HERGER, Mr. HASTINGS of SANDLIN, Mr. MCGOVERN, Mr. ROSS, and Mr. Mr. WATT. Washington, and Mr. REHBERG. RODRIGUEZ. H. Con. Res. 116: Mr. GARRETT of New Jer- H.R. 1518: Mr. CALVERT. H.R. 1710: Mrs. MCCARTHY of New York, Mr. sey. H.R. 1519: Mr. WEINER and Mrs. MCCARTHY HINCHEY, Mr. DAVIS of Illinois, Mr. H. Con. Res. 119: Mr. BARRETT of South of New York. LOBIONDO, Mr. FROST, Mr. GREEN of Texas, Carolina, Mr. BURTON of Indiana, and Mrs. H.R. 1543: Mr. ISAKSON, Mr. WILSON of Mr. TURNER of Texas, Mr. QUINN, and Mr. KELLY. South Carolina, Mr. FORD, and Mrs. MYRICK. SAXTON. H. Con. Res. 130: Mr. STARK. H.R. 1580: Mr. SHUSTER, Mr. MURPHY, Mr. H.R. 1713: Mr. SNYDER, Ms. BERKLEY, Ms. H. Con. Res. 147: Ms. ESHOO. BOOZMAN, Mr. DAVIS of Alabama, Mr. KOLBE, LEE, and Mr. UDALL of New Mexico. H. Con. Res. 150: Mr. MCINNIS, Mr. CARSON Mr. MATHESON, Mr. HALL, Mr. ADERHOLT, Mr. H.R. 1714: Mr. COX, Mr. COLE, Mr. DREIER, of Oklahoma, and Mr. GRAVES. EVERETT, Mr. SNYDER, Mr. QUINN, Mrs. Mr. ISRAEL, Mr. SESSIONS, Mr. CUNNINGHAM, KELLY, Mr. CRAMER, and Mr. PETERSON of Mr. WAMP, Ms. ROS-LEHTINEN, Mr. MARIO H. Con. Res. 152: Mr. SHAYS. Minnesota. DIAZ-BALART of Florida, and Mr. MCINNIS. H. Res. 58: Mr. HOEFFEL and Mr. BRADY of H.R. 1581: Ms. BORDALLO, Mr. FROST, Mr. H.R. 1725: Mr. PAUL and Mr. SIMMONS. Pennsylvania. CRENSHAW, Mr. ANDREWS, Mr. REYES, and Mr. H.R. 1733: Mr. OWENS and Mr. RANGEL. H. Res. 59: Ms. ESHOO. RANGEL. H.R. 1742: Mr. FILNER, Ms. LOFGREN, Mr. H. Res. 60: Mr. GILCHREST, Mr. STENHOLM, H.R. 1587: Mr. ANDREWS. HONDA, Mr. BLUMENAUER, and Mr. RADANO- Ms. KAPTUR, and Mr. VITTER. H.R. 1608: Mr. JONES of North Carolina. VICH. H. Res. 65: Mr. MCGOVERN, Mr. LANTOS, Ms. H.R. 1613: Mr. DELAHUNT, Mr. FROST, Ms. H.R. 1746: Mr. LATHAM, Mrs. JO ANN DAVIS LEE, Mr. FROST, Ms. SOLIS, Mr. BACA, Ms. KILPATRICK, Mr. PALLONE, Mr. RUSH, Mr. of Virginia, Mr. BEREUTER, Mr. QUINN, Mr. WOOLSEY, Mr. WU, Mr. STRICKLAND, Mr. TOWNS, Mr. GRIJALVA, Mr. PAYNE, Mr. CON- PETERSON of Minnesota, Mr. BURTON of Indi- TIAHRT, Mr. ABERCROMBIE, Mr. WAXMAN, Mrs. YERS, and Mr. SKELTON. ana, Mr. VITTER, Mr. COOPER, Mr. TERRY, Mr. JONES of Ohio, Mr. DOOLEY of California, Mr. H.R. 1615: Mr. ENGEL. ISRAEL, Mr. KENNEDY of Rhode Island, Mr. STARK, Mr. OWENS, Mr. CONYERS, Mr. SCHIFF, H.R. 1631: Mr. SMITH of Texas, Mr. DEAL of GONZALEZ, Mr. BELL, Mr. JEFFERSON, and Mr. Mr. FOSSELLA, Mr. SNYDER, and Mr. RANGEL. Georgia, Mrs. CUBIN, Mr. FORBES, and Mr. NEAL of Massachusetts. H. Res. 136: Mr. SCHROCK, Mr. BAKER, Mr. CUNNINGHAM. H.R. 1754: Mr. JONES of North Carolina. PASCRELL, and Mr. RENZI. H.R. 1641: Mr. WILSON of South Carolina. H.R. 1756: Mr. OWENS. H. Res. 161: Mrs. JOHNSON of Connecticut. H.R. 1653: Mr. PAUL and Mr. PETERSON of H.R. 1776: Mr. SHAYS, Mr. FOLEY, and Mr. H. Res. 173: Mr. WHITFIELD, Mr. HAYES, Mr. Minnesota. BRADY of Texas. SOUDER, Mr. DINGELL, Mr. FOLEY, Mr. BISHOP H.R. 1659: Mr. DREIER, Mr. CARDOZA, and H.R. 1787: Mrs. EMERSON, Mr. ETHERIDGE, of Utah, Mr. THOMPSON of California, Mr. Mr. OSE. Mr. WELDON of Pennsylvania, Mr. DEFAZIO, and Mr. HINOJOSA. H.R. 1661: Mr. FROST, Ms. NORTON, and Mr. FALEOMAVAEGA, Ms. KILPATRICK, Mr. KING of H. Res. 193: Mr. KLECZKA, Mr. BECERRA, Mr. BISHOP of New York. Iowa, Mr. BAKER, Mr. MCINNIS, and Mrs. JO DELAHUNT, Mr. KIRK, Mr. BROWN of Ohio, Mr. H.R. 1662: Mr. NUNES, Ms. DUNN, Mr. JONES ANN DAVIS of Virginia. MATSUI, Mr. ROGERS of Michigan, Mr. of North Carolina, Mr. TERRY, Mr. TANCREDO, H.R. 1796: Mr. SANDLIN, Mr. LARSEN of GRIJALVA, Ms. KAPTUR, and Mr. CLAY. and Mr. SANDLIN. Washington, and Ms. WATERS. H. Res. 194: Mr. HONDA, Ms. HOOLEY of Or- H.R. 1677: Mrs. LOWEY, Mr. ACEVEDO-VILA, H.R. 1812: Mr. GRIJALVA, Ms. BERKLEY, Mr. egon, Mr. INSLEE, Mr. OWENS, Mr. PENCE, and and Ms. EDDIE BERNICE JOHNSON of Texas. ROTHMAN, Mr. PALLONE, Mrs. CAPPS, Mr. Mr. SOUDER.

VerDate Jan 31 2003 03:15 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.055 H29PT1 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 29, 2003 No. 62 Senate The Senate met at 10 a.m. and was And may we say, Amen. you think there is any way we can have called to order by the President pro f the vote on the Sutton nomination tempore (Mr. STEVENS). after the caucus? We have a lot of peo- The PRESIDENT pro tempore. Today PLEDGE OF ALLEGIANCE ple who want to be able to discuss it in we are privileged once again to have The Honorable TED STEVENS led the our caucus. I don’t think it would in our guest Chaplain, Rabbi Arnold E. Pledge of Allegiance, as follows: any way hurt the schedule or hold up Resnicoff, U.S. Navy, to lead us in I pledge allegiance to the Flag of the getting to the Owen nomination by 20 prayer. United States of America, and to the Repub- minutes or half an hour, but there lic for which it stands, one nation under God, would be a number of Senators—espe- PRAYER indivisible, with liberty and justice for all. cially Senator HARKIN—who would The guest Chaplain, Rabbi Arnold E. f deeply appreciate it if we could have a Resnicoff, offered the following prayer: vote at 2:15. We would even be willing RECOGNITION OF THE MAJORITY Almighty God, this week we remem- to shorten our caucus to expedite the ber nightmares, to reaffirm our LEADER time on this and vote at 2 rather than dreams. On this Holocaust Remem- The PRESIDING OFFICER (Mr. 2:15. brance Day—during this week we have GRAHAM of South Carolina). The major- Mr. FRIST. Mr. President, I have set aside—our Nation recalls victims of ity leader is recognized. been made aware of the request. I the Holocaust: a Holocaust brave talked to our caucus and our leadership Americans took up arms to fight and f and really would much prefer to go many gave their lives to end. And so, SCHEDULE ahead with the vote as scheduled. A before this session starts, and during a Mr. FRIST. Mr. President, today the number of people made plans to come time when our brave men and women Senate will resume consideration of back from out of town specifically for still risk their lives for better times, the nomination of Jeffrey Sutton to be this vote recognizing that we had made we pray the day will come when the a circuit judge for the Sixth Circuit. it clear the vote would be at 12 noon lesson of this horror, the lessons of all Under the previous consent agreement today. Out of consistency, when I set a nightmares, help make our dreams of reached, a vote will occur on the con- peace come true. time for a vote, people alter their plans From the Holocaust we learn: when firmation of that nomination at 12 very specifically to make sure they are human beings deny humanity in oth- noon. here. Some simply can’t be back, and I ers, they destroy humanity within The Senate will recess for the weekly understand that as well. But we will go themselves. When they reject the party lunches from 12:30 until 2:15 p.m. ahead and have that vote at noon human in a neighbor’s soul, then they Following the confirmation of Jef- today. unleash the beast, and the barbaric, in frey Sutton, it is my intention to re- Mr. REID. Mr. President, we have their own hearts. sume consideration of the nomination been advised by the leader’s competent And so, remembering, we pray: if the of Priscilla Owen to be a circuit judge floor staff that this afternoon, during time has not yet dawned when we can for the Fifth Circuit. It will be my hope the debate of Priscilla Owen, it will not proclaim our faith in God, then let us that we can reach a time agreement for be necessary for somebody to be here say at least that we admit we are not the vote on this judicial nomination. all day. I will be happy to be here, as gods ourselves. If we cannot yet see the In addition, there are a number of the distinguished leaders know, but we face of God in others, then let us see, other legislative items that will be would hope there would not be a vote at least, a face as human as our own. scheduled for action during the remain- unless the majority leader gives us You taught us through the Bible— der of this week, including the bio- some notice. taught that life might be a blessing or shield bill, the digital and wireless Mr. FRIST. Mr. President, for today, a curse: the choice is in our hands. So technology legislation, State Depart- that is absolutely fine. We will work in many people, so many peoples, have ment authorization, and other legisla- good faith. The objective with all of felt the curse of life too filled with cru- tive or executive items that can be these nominees is to have good discus- elty, violence, and hate. As Americans cleared over the coming days. sion as we go forward. We want to we pray—we vow—to keep alive the The PRESIDING OFFICER. The Sen- make sure that occurs. I expect today dream of better times; to keep our ator from Nevada. that we will not have a vote this after- faith that we can be, will be, a force for Mr. REID. Mr. President, if the dis- noon, and we will notify leadership in good; a force for hope; a force for free- tinguished majority leader will allow advance. dom; a blessing, not a curse—to all our me to direct a couple of questions to Mr. REID. One final note: We have people; to all the world. him. First, we have asked before. Do worked during the recess. I think the

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

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VerDate Jan 31 2003 03:48 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.000 S29PT1 S5440 CONGRESSIONAL RECORD — SENATE April 29, 2003 position of the minority is the same as would be Senator SCHUMER for 15 min- exactly why. In the cases he has taken, it was prior to the break. We don’t utes. There will be a Republican in be- and the legal arguments he has ad- think there will be any time that tween, I am sure, if that is the wish. vanced, Jeffrey Sutton has shown a would be agreeable on the Owen nomi- But I ask unanimous consent that our consistent pattern of insensitivity to nation. That being the case, is it the first two speakers be lined up accord- civil rights, human rights, and the expectation of the majority leader that ingly. rights of minorities, women, and the he would file cloture on the Priscilla The PRESIDING OFFICER. Without disabled in America. Owen nomination sometime today or objection, it is so ordered. Time and again, he has asked the tomorrow? The Senator from New York. Federal courts to remove the authority Mr. FRIST. Mr. President, let me get Mr. SCHUMER. Mr. President, I ask of Congress to create laws involving in- back with the leadership on the other unanimous consent that I immediately dividual rights and liberties and to give side of the aisle. We, of course, would proceed after Senator DURBIN for 15 compensation to those who have been very much like an up-or-down vote on minutes—that I follow him. wronged. That is the hallmark of his Priscilla Owen. If not and it is nec- Mr. REID. The Senator from New legal career. That is who Jeffrey Sut- essary for us to file cloture, it will be York understands—— ton is. That is what he believes. done either sometime this week or next Mr. STEVENS. I reserve the right to Given a lifetime appointment to this week. The final decision has not been object. bench in the Sixth Circuit Court of Ap- made. We would like to discuss this Mr. REID. There will be a Republican peals, we can predict, with some degree with you, and we will let you know in between him and Senator DURBIN. of certainty, he will continue in his once that decision is made. Mr. SCHUMER. Yes. quest to try to deny those coming be- Mr. REID. Finally, Mr. President, we The PRESIDING OFFICER. Without fore the court the right for a day in are willing to work with the majority objection, it is so ordered. court if they happen to be disabled, vic- on judges. We have a number of circuit The Senator from Illinois. tims of age discrimination, victims of judges on which we think we can move Mr. DURBIN. Mr. President, this civil rights discrimination, and the very quickly. The leadership should week appears to be ‘‘Judge Week’’ in like. know that. the Senate. We are going to focus on His hearing was held on January 29, Mr. FRIST. Mr. President, in re- judicial nominations. with two other controversial nominees: sponse, I recognize that. We are mak- It is interesting, as I traveled across Deborah Cook, also a nominee for the ing slow but consistent and steady Illinois over the last 2 weeks, not a Sixth Circuit, and John Roberts, for progress. We have the vote today. We soul raised a question about Federal the DC Circuit. It was the first time have made reasonable progress up until judges—the debate here in the Senate. since 1990 that the Judiciary Com- today. I think as judges are put for- It does not seem to be on the radar mittee held a hearing on one day for ward, we will continue to consider screen of average Americans. It is cer- three circuit court nominees. It is un- them in an orderly way in the Senate. tainly an important issue; it is one fortunate. We had some time to ask That being said, I am very hopeful that that we focus on as political parties, Professor Sutton questions, but not as we can ultimately have an up-or-down and it is one that I think is timely much time as we needed. I sent some vote on Miguel Estrada, someone whom when we consider the nominees who written questions to him and have we believe is the embodiment of the are before us. those responses. American dream. We will work in that For the average American, it may But if you look at the interest in his regard. I hope we will be able to have not mean much, it may not mean much nomination, you will find an extraor- an up-or-down vote on Priscilla Owen until that day comes that a decision is dinary lineup of organizations that op- as well. handed down by a court that has an im- pose Jeffrey Sutton. It is hard to be- pact on families across America, and lieve, but true, that 70 national and f businesses and individuals, because nearly 400 local organizations oppose RESERVATION OF LEADERSHIP Federal judges have extraordinary Jeffrey Sutton for confirmation to the TIME power. The men and women we are con- Circuit Court of Appeals. Twenty-three The PRESIDING OFFICER. Under sidering in the Senate are being given of them are based in Illinois. The dis- the previous order, the leadership time lifetime appointments to the Federal ability community is particularly is reserved. bench. If they are good, they will be alarmed. And you will understand that good for a lifetime; if they are bad, f as I talk about some of the cases he has they will be bad for a lifetime. Most of taken. EXECUTIVE SESSION us in the Senate will come and go, and In our history, seldom do people they will still be sitting on the bench stand and announce publicly they are with gavel in hand, in their black prejudiced. That is not something you NOMINATION OF JEFFREY S. SUT- robes, meting out justice according to hear very often. There are a lot of TON, OF OHIO, TO BE UNITED their own values. So it is important things people say. Usually the shield, STATES CIRCUIT JUDGE FOR that we ask questions and make inquir- the explanation, and the rationale for THE SIXTH CIRCUIT ies as to what those values might be. prejudice in America is to say: I am The PRESIDING OFFICER. Under The judge before us today is Jeffrey standing up for States rights. Boy, that the previous order, the Senate will now Sutton. If you read about Jeffrey Sut- has been the clarion call from those go into executive session and resume ton, you find a man of extraordinary who oppose universal concepts and consideration of Executive Calendar intellect. He is a partner in a large Co- principles of human rights and civil No. 32, which the clerk will report. lumbus, OH, law firm, and served as rights, I guess dating back to our de- The assistant legislative clerk read State solicitor in Ohio. He is a pro- bates in the Senate and the House the nomination of Jeffrey S. Sutton, of fessor at Ohio State University Law about slavery, which led to the Civil Ohio, to be United States Circuit Judge School. He has been a law clerk for Su- War. You remember that, of course. for the Sixth Circuit. preme Court Justices Scalia and Pow- The States argued that the Federal The PRESIDING OFFICER. Under ell, and he has done a number of other Government could not impose on them the previous order, the time until 12 things which suggest that this is a a standard relative to slavery; it would noon shall be equally divided between thoughtful man. be a matter of States rights. It reached the chairman of the Judiciary com- There is no question as to whether he such a high peak of anger and frustra- mittee and the Senator from Iowa, Mr. is up to the job intellectually. The tion that it led to the secession of HARKIN. question is whether he brings to the States, a civil war, and the bloodiest The Senator from Nevada. job the values that are in the main- moment in the history of the United Mr. REID. Mr. President, I ask unan- stream of America. I would suggest States. imous consent that Senator DURBIN be that he does not. The end of that war did not end the recognized on the Democrats’ time As a result of that, I will oppose his debate. Those who continue to oppose first for 20 minutes. Our next speaker nomination. I would like to spell out civil rights and human rights—whether

VerDate Jan 31 2003 00:04 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.003 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5441 they are for people of color; for those of Garrett was director of nursing at this were available. Thank God the Su- different ethnic backgrounds, different hospital, think of that—quite an preme Court rejected Jeffrey Sutton’s genders, or sexual orientation; or for achievement in her career. twisted logic in that case 7 to 2. Only those with certain disabilities—never In 1994, Patricia Garrett was diag- Justices Scalia and Thomas, the stand up and say: I am really preju- nosed with breast cancer, subsequently most—let me be careful of my lan- diced against these people; I just don’t underwent a lumpectomy, radiation guage—conservative members of the like these people. They say: No, no, we treatment, and chemotherapy. Gar- Supreme Court agreed with Jeffrey are for States rights. We don’t believe rett’s treatments required her to take Sutton’s twisted logic. the Federal Government should have a substantial leave from work because of In Alexander v. Sandoval, Jeffrey standard across America for all people this cancer. Upon returning to work in Sutton argued that private individuals who are in this category. We think July of 1995, Patricia Garrett’s super- did not have the power to bring law- each State should make up a standard. visor informed her that she would have suits under the disparate impact regu- That is what former Senator Hubert to give up her position as director of lations of title VI of the Civil Rights Humphrey referred to as ‘‘the shadow nursing at the hospital. Act of 1964. The Supreme Court agreed of civil rights’’—a shadow cast over Garrett then applied for, and re- with Sutton by the same 5 to 4 major- America after the Civil War, until ceived, a transfer to another, lower ity we saw in the Garrett case. As a re- Brown v. Board of Education, a case paying position as a nurse manager. sult of his advocacy, it is now impos- handed down in 1954 across the street She brought a case under the Ameri- sible for individuals to use title VI to at the U.S. Supreme Court. It was fi- cans with Disabilities Act, and she challenge the disproportionate impact nally after that decision that, as Sen- said: I think the Federal Government of many wrongful situations; for exam- ator Humphrey once said, we came out passed a law that said you cannot dis- ple, the dumping of toxic waste in poor of the shadow of civil rights into the criminate against a person because of a minority neighborhoods. Congratula- bright sunshine of human rights. disability or an illness—exactly the sit- tions, Mr. Sutton. You stood up to stop Jeffrey Sutton has never come out uation that she faced. poor families exposed to toxic waste from under that shadow. In fact, he has I voted for that law. I remember it from bringing suit against those re- made a legal career of extending that well. It brought together an extraor- sponsible for it and who chose their shadow over more and more Americans dinary bipartisan coalition. neighborhoods as the dumping grounds. so that they would have less likelihood In a few moments, the Senate will I am sure that is a feather in his cap of prevailing when they were discrimi- hear from my colleague, the Senator with some people but not with this nated against. While Mr. Sutton’s from Iowa, TOM HARKIN. He was one of Senator. record is devoid of obvious manifesta- the leaders on that bill. Senator Bob It is impossible to use title VI—be- tions of prejudice, his vision of a Fed- Dole was a leader as well. It was bipar- cause of Jeffrey Sutton’s argument—to eral Government with diminished tisan legislation which, for our genera- challenge educational tests or tracking power to enforce civil rights would tion, said: We will open up opportuni- procedures that disproportionately achieve the goals of those who oppose ties for a group of Americans who have harm minority students. equality. been subject to discrimination because Sutton claims that he was just being Mr. Sutton has been front and center they have a disability or illness. an advocate in these cases. He says he in some of the most important Su- We passed the bill overwhelmingly just wanted to develop a Supreme preme Court cases of our generation. with a bipartisan vote. I believed we Court litigation practice. While I ac- He personally argued five of the most were establishing a new frontier of cept the principle that it is wrong to significant cases in the past decade be- civil rights. I was proud to be part of ascribe the views of a client to that cli- fore the Supreme Court. That attests the debate. I contemplated, in voting ent’s attorney, I believe it is appro- to his legal skill, but it certainly for it, as many Senators did, people priate to consider which clients an at- speaks volumes, as well, as to what is such as Patricia Garrett, a woman who torney chooses to represent. Time and in his heart, what he believes, and reached a pinnacle of success in her ca- time again, Jeffrey Sutton, who is ask- where he would stand as a judge if con- reer as director of nursing at an ex- ing for a lifetime appointment to sit on fronted with similar issues. And in traordinary hospital in Alabama, a bench in a Federal courtroom and de- every one of these cases, Jeffrey Sut- learned she had breast cancer, went cide the fate of people such as Patricia ton asked the Supreme Court to re- through the anguish and pain of treat- Garrett and victims of discrimination, strict the rights of the disabled, ment, successful treatment, only to re- has chosen to come down on the wrong women, the elderly, the poor, and ra- turn to work after her illness and be side of history. cial and ethnic minorities. He is con- told that she had been demoted from Another indicator of Mr. Sutton’s sistent and, from my point of view, her position and would suffer a pay cut. conservative ideology is that he is a consistently wrong. She felt she had been wronged. I agreed member and, indeed, an officer of the Consistently he has argued before the with her. famed Federalist Society, an organiza- Supreme Court to take away the power When she turned to sue the State of tion with a mission statement claim- of individuals to recover for discrimi- Alabama, which managed the univer- ing: nation. One of the most glaring cases is sity hospital, she ran into a brick wall Law schools and the legal profession are the Board of Trustees of the University named Jeffrey Sutton. Jeffrey Sutton, strongly dominated by a form of orthodox of Alabama v. Garrett. I took a look at the nominee before us, stood up and liberal ideology which advocates a central- the published decision in this case be- said: Patricia Garrett and people like ized and uniform society. cause I wanted to read specifically her, who have been discriminated Mr. Sutton, an officer of the organi- what was at issue. against by States such as Alabama, zation, came before us as a nominee— We can talk a lot about States’ have no right to recover under the no surprise. If you scratch the DNA of rights and discrimination, and the Americans with Disabilities Act. This most of President Bush’s judicial nomi- Americans with Disabilities Act, but was a decision made by Mr. Sutton to nees, you will find the Federalist Soci- let me read you what was at issue in take a case which involved more than ety chromosome. I think about two- this case so you understand where Jef- Patricia Garrett. It involved a basic thirds of President Bush’s circuit court frey Sutton was in this argument. principle of law. Time and again and nominees who have been brought be- This is a case involving a woman, a this case stands out because the facts fore the committee have to pass the respondent, Patricia Garrett. She is a are so compelling that has been the test of being Federalist Society true registered nurse, and she was employed story of Jeffrey Sutton’s legal career. believers. Jeffrey Sutton goes beyond as the director of nursing, OB–GYN and In another disability case, Olmstead membership. He is an officer of the or- Neonatal Services, for the University v. LC, Mr. Sutton argued it was not a ganization. of Alabama in its Birmingham hos- violation of the Americans with Dis- Fewer than 1 percent of attorneys pital. I might say parenthetically, that abilities Act to force people with men- across America belong to the Fed- this is an extraordinarily well re- tal disabilities to remain institutional- eralist Society. But if you want to spected medical institution. Patricia ized even when less restrictive settings make it big in President Bush’s White

VerDate Jan 31 2003 00:04 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.005 S29PT1 S5442 CONGRESSIONAL RECORD — SENATE April 29, 2003 House and make it to a high level, you age discrimination, he has denied peo- Mr. HARKIN. Mr. President, par- better show credentials with the Fed- ple of color and poor people who are liamentary inquiry: Since the other eralist Society. That is your ticket to looking for their day in court, he has side is not speaking, does their time being considered for a nomination. Mr. denied them that chance. run? Sutton had his ticket punched, as did How can we in good conscience look The PRESIDING OFFICER. If some- Miguel Estrada, Pricilla Owen, Tim- the other way? How can we say: this is one is claiming time on the Demo- othy Tymkovich, Jay Bybee, and Caro- just another political decision, this cratic side, it would be charged to the lyn Kuhl. Jeffrey Sutton is part of a man may sit on the bench for a life- Democrats. pattern of conservative ideologues that time but it is the President’s right to The Senator from New York is recog- President Bush has nominated to the pick his nominees? nized. Federal court. I don’t think we can. In good con- Mr. SCHUMER. Mr. President, before The Sixth Circuit is evenly balanced science, we have to say no to this I begin, was the Senator from Iowa now, but the President wants to change nominee. We have to say to the White seeking extra time? it. He has already nominated six House: Send us moderate people. Do Mr. HARKIN. Under the previous staunch conservatives to that court. not send us people who will preach in- order, how much time was the Senator The President is using ideology as a tolerance from the bench. Do not send from New York given? basis for his nomination, and the Sen- us people who will close the courthouse The PRESIDING OFFICER. He is to ate should reject it. door to Americans who have no other have 15 minutes. Mr. SCHUMER. Could my colleague Mr. Sutton’s legal career has been recourse when it comes to protecting from Iowa proceed following me? spent practicing in the shadows of their civil rights. The PRESIDING OFFICER. By con- States’ rights. He has said repeatedly Jeffrey Sutton is just that sort of how much he values federalism. Time sent. nominee. For that reason, his nomina- Mr. HATCH. I have no objection if and again he has argued important tion should be rejected. I reserve the the Senator from Iowa would like to cases on the side of States’ rights and remainder of my time. follow the Senator from New York. not individual rights. We should reject The PRESIDING OFFICER. Who The PRESIDING OFFICER. Without that. We should say that as a matter of seeks recognition? Who yields time? objection, it is so ordered. principle and practice, the men and Mr. HARKIN. Mr. President, par- Mr. HARKIN. Mr. President, I was in- women seeking appointments to these liamentary inquiry. formed that I may reserve time for the circuit courts of appeal, who decide The PRESIDING OFFICER. The Sen- end of the debate also. tens of thousands of cases each year ator will state his inquiry. The PRESIDING OFFICER. Is there and are the gatekeepers for most cases Mr. HARKIN. Will the Chair inform objection? before they come to the Supreme the Senator as to the agreement en- Mr. HATCH. Mr. President, I under- Court, should be people who are mod- tered into and what is the time agree- stand the time is divided equally. erate, centrist, and reasonable in their ment? Whatever is left, they would use. views. The PRESIDING OFFICER. It is the The PRESIDING OFFICER. That is Jeffrey Sutton is not one of those Chair’s understanding that the Senator correct. nominees. What he brings to this nomi- from Illinois is to speak for 20 minutes, Mr. HATCH. As long as it is on their nation is an extreme viewpoint, one followed by a Republican to speak, and time, it is fine with me. that should be rejected, one that cer- then Senator SCHUMER is to speak for The PRESIDING OFFICER. The time tainly should not be enshrined for a 15 minutes. will be charged to the Senator speak- lifetime at the circuit court of appeals. Mr. HARKIN. Therefore, if time is ing. I was in Alabama several months ago running, it runs off of the other side. With that understanding, the Sen- visiting Birmingham, Montgomery, The PRESIDING OFFICER. That is ator from New York is recognized. and Selma with JOHN LEWIS, Congress- correct. It is being charged to the Sen- Mr. SCHUMER. Mr. President, I rise man from Atlanta, GA, who was part of ator speaking, but that would be cor- in opposition to the nomination of Jef- the civil rights movement. He told me, rect. frey Sutton to the Sixth Circuit Court as we visited the shrines of the move- Mr. HATCH. I have no objection if of Appeals. I am going to get into Mr. ment—the street corner where Rosa the Senator from Iowa wants to speak Sutton in a minute, but I just say that Parks boarded the bus and refused to at this time. Mr. Sutton is another example of nomi- sit in the segregated section, and the Mr. HARKIN. The order was entered nees who have been nominated who are bridge at Selma where JOHN LEWIS had into and Mr. SCHUMER is not here. not simply mainstream conservatives his head bashed in by an Alabama Mr. HATCH. It is our understanding but are way over to the right side. That State trooper trying to protest civil if we didn’t take the floor, Senator is what we have seen in this judicial rights discrimination—that none of SCHUMER would. He is not here, but I process. We have seen nominee after that could have taken place were it not would be happy to yield to the Senator nominee after nominee who is not sim- for one Federal judge with courage, from Iowa. I reserve the remainder of ply a mainstream conservative—we Judge Frank Johnson of Alabama. He our time. voted for most of those—but a nominee stood up to the establishment and The PRESIDING OFFICER. The Sen- who is a passionate ideologue and other Federal courts and said: We are ator from Ohio is recognized. whose major view—if you had to under- going to see civil rights in America. He Mr. DEWINE. Mr. President, if I may line it all, perhaps with the exception had the courage of his convictions. Be- ask the Chair to state the parliamen- of the issue of choice—is a wish to cur- cause of that courage, people have a tary situation now on the time. My un- tail the power of the Federal Govern- chance to succeed in America today derstanding is that we had a total of 2 ment. that they did not have in the 1960s. hours. They, in a very real sense, wish to I thought to myself, as I reflected on The PRESIDING OFFICER. Under turn the clock back—many not to the Frank Johnson, an unheralded hero, the previous order, the time reserved 1930s but even to the 1890s. There has how many nominees to the Federal until 12 noon is to be equally divided been 100 years of history that the Fed- court coming before us today would between the chairman of the Judiciary eral Government expanded its power to have the courage and vision of Frank Committee and the Senator from Iowa, deal with injustices that occurred with Johnson. Trust me, based on his record, Mr. HARKIN. The Senator from Illinois individuals. Keeping in concept with a Jeffrey Sutton would not be one of was recognized first under the agree- limited government and a free market those judges. ment. Now the Republican side has the society, the general consensus in our Jeffrey Sutton, time and time again opportunity to respond, followed by society has been to move forward. in his legal career, has stood in the Senator SCHUMER of New York. There have been ebbs and flows. I think path of progress toward equality and Mr. HATCH. Mr. President, I reserve there was legitimacy to Ronald opportunity. He has denied opportunity the remainder of our time. Senator Reagan. There had been 50 years of to people who are disabled. He has de- SCHUMER is now here and he can go Federal expansion and he said re- nied people who have been victims of ahead. trench. Since that time I think there is

VerDate Jan 31 2003 00:04 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.007 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5443 no groundswell among the American There are some who are so far over that we are doing the right thing people to turn the clock back to 1930 or that we have to say no. Mr. Sutton is here—that we are doing more than the 1890. Any attempts by either the Presi- such a nominee. I just wish our Presi- right thing; we are doing the Nation a dent or the Congress to do that are al- dent would understand this, would service. If we succeed, no one will ever ways defeated, or almost always de- treat the Senate with some respect, know because the kinds of cases that feated in the long run because those would understand that the checks and would be ruled on will not come to the two parts of our Government, the arti- balances in this Government make fore. If we fail, people will know, but it cle I part, the Congress, and the article sense, and that he cannot just give the may not be for 5 or 10 years. It is the II part, the Executive, are elected. nominating process to a small group of right thing to do. We know it, and I be- What has happened here, Mr. Presi- ideologues, led by the Federalist Soci- lieve most people over there know it. dent, is that those who wish to turn ety, who have a view—a very respectful These are not nominees who are the clock back—a narrow band of view, but it is out of the mainstream, mainstream. They are not the kinds of ideologues—have either captured the way out of the mainstream. nominees Bill Clinton generally nomi- President’s ear or certainly captured Very few people believe the Federal nated, people who were to the liberal the nomination process, and they put Government’s role should be cut so side but not out of the mainstream, not forward nominee after nominee after dramatically that we go to a Federal a whole lot of legal aid lawyers or nominee who is beyond the main- Government ala 1930 or 1890. So I be- ACLU advocates but, rather, partners stream—not people who disagree on lieve our fight on these issues is gain- in law firms and prosecutors. That was views but people, if they sat in this ing support, not losing it. It is a tough the Clinton nominee. Chamber, would be more conservative fight to make. Here, it is nominee after nominee perhaps than any of the 100 Senators. Why not give the President his way? who sort of with a passion wishes to But they are not elected. No one knows the damage these nomi- say the minute the Federal Govern- The President and his allies thought nees will do because they have not ment moves its fingers, chop them off. they could do this without a whimper. heard these cases. I will say that when Let’s talk a little bit about Mr. Sut- Some of us, a year and a half ago, said our caucus rallied and coalesced ton, because I think he fits that ex- we were going to question these nomi- around opposing the nominee Miguel treme mold. Now to his credit—and I nees on their ideological views, on Estrada and not letting him come to a want to give him credit—he answered their judicial philosophy. Initially, vote until he was doing what the questions when we asked him. He was there was an outcry, but I think basi- Founding Fathers wanted him to do, not silent like Miguel Estrada. I do not cally the argument has been settled. discuss the issues, we did not do it in hear anybody saying he is violating Certainly, there is a right to ask this caucus for political advantage. We Canon No. 5 of the lawyers’ ethics by did it because we were so appalled by nominees about their views. Secondly, saying how he felt on certain issues. the arrogance of a nominating process I believe there is an obligation because That was why Mr. Estrada would not that said the advise and consent proc- the article III section of Government, tell us things. the judiciary, has huge power. The ess could be ignored and the nominee In general, some of the cases he has nominees, if they become members of could say, I cannot answer this because talked about advance an agenda that is I might have to judge it on a future the bench, are there for life. This is the antirights, antifairness and, in my case. No other nominee has done that. only chance because the White House judgment, antijustice. Probably the In fact, yesterday, in my State, I was doesn’t vet their views. In fact, there proud to support a nominee of the most notorious is Patricia Garrett. seems to be a philosophy in the White President named Judge Irizarry, an- There, he sought and obtained—this House to tell the nominees to say as other Hispanic nominee. I called her was not just someone who looked up little as possible, and the apotheoses of into my office and talked to her. I said, his name in the phone book, went and that was Miguel Estrada, who was like give me some court cases you do not looked up an ‘‘S’’ and came to Sutton. a Cheshire cat and would not say a sin- like. And without flinching, this He went out of his way to find the op- gle thing about his views. But with the woman, educated, I believe, at Colum- portunity to oppose a breast cancer pa- problems that Mr. Estrada has had on bia and Yale, an excellent lawyer, an tient’s bid to vindicate a right to keep this floor, I think that philosophy is excellent judge, told me two cases, one her nurse’s job. In other words, she was not going to work. she disagreed with from the right, one fired because she had breast cancer. My guess is if any other nominees to she disagreed with from the left. I told He went so far as to argue the Con- the court of appeals took the strategy the White House, let’s move her. gress had no power under the 14th of not dare telling us how they think So this is not an issue of Hispanics or amendment to protect the disabled. on anything, they would reach the women. This is not an issue of being Whether you agree or disagree with the same fate as Mr. Estrada, and they obstructionist. This is very simply an view, it is clearly an attempt to say would not be supported by a majority issue about the Constitution and about the Federal Government, in the kind of here. They will not be nominated ei- some degree of balance that ideologs— general, gradual, fitful progress we ther. Mr. Sutton is one of these nomi- neither ideologs of the far left nor have made to protect the rights of indi- nees. He is not merely a conservative ideologs of the far right should capture viduals, should be pushed back. judge. In fact, as I said, conservative the judiciary, because when they do, In the case of Westside Mothers, Mr. judges are nominated—there is a nomi- they do not interpret the law, which is Sutton again grabbed the opportunity nee, for instance, in the Fifth Circuit what the Founding Fathers wished to oppose a group of mothers whose who is pending right now, Judge Prado. them to do but, rather, they make law. children were being deprived of serv- Judge Prado is conservative, but he is The great irony is the conservative ices under Medicaid. Mr. Sutton appar- not out of the mainstream. He is His- movement in the 1960s and 1970s had a ently believed impoverished children panic. He is nominated to the Fifth revulsion towards judge-made law. I re- should not have the right to force the Circuit. The majority doesn’t bring member arguing with some of my State they live in to provide them serv- him forward. Why? Because they know classmates in college about this. All of ices that Congress guaranteed to them. he will be supported by the majority on a sudden it has flip-flopped and now ac- Again, cut the Federal Government our side. Instead, we are going to tivism on the rightwing side is okay, back. refight the nomination of Priscilla turning the clock back, which cer- In another case, Mr. Sutton sought Owen, one of the judges like Judge Sut- tainly in an Einsteinian way, and I the opportunity to file a brief arguing ton who is way over. think in a general way, is as much Congress does not have the power to The point is that we are not blocking changing direction as moving it for- address violence against women and ar- every judge. I don’t have the exact ward, is not activism but fidelity to gued that significant portions of the number, but of approximately 110 or 120 the Constitution? Judge after judge Violence Against Women Act were un- of the President’s nominees, I have will reverse precedent—that is what ac- constitutional. supported around 100. And 111 out of 116 tivism is—when they should not. Do my colleagues think most of of the President’s nominees have been So I believe, with every bone in my America agrees with that? Do they confirmed. I voted for all 111 of them. body, with every atom in my body, think most of America thinks Congress

VerDate Jan 31 2003 00:04 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.009 S29PT1 S5444 CONGRESSIONAL RECORD — SENATE April 29, 2003 has no right to legislate, particularly other nominee clearly bright, clearly conference at 10 o’clock, but they were when there are findings that say this is accomplished—I have no dispute with not allowed to come in until 9:30. Peo- interfering with commerce and inter- his intellectual character or his ethics, ple with wheelchairs, people what see- fering with women’s rights to hold jobs but he comes from way outside the ing eye dogs, people who are hearing and be productive citizens? It is sort of mainstream. It is a pity this judge di- impaired, standing in line out there to obvious if a woman is beaten at home, vides us, does not unite us. If every try to come in here to exercise their le- that that will interfere. Do my col- judge the President nominated were gitimate rights; yet they are held up leagues think most Americans agree that way, I would say it is not much of out there because it takes a long time with Mr. Sutton to say there should be an argument, but it is just some. So I to process them and get them through. no Federal power to do it? would urge my colleagues to oppose When I heard this was happening, I The bottom line is, in case after case, Mr. Sutton. called Mr. Pickle, the Sergeant at Mr. Sutton has sought the opportunity Frankly, I think a large number will. Arms, and he rushed right down there to represent States rights at the ex- I think because Mr. Sutton answered and he made sure they got through. I pense of individual rights. He has questions and other reasons that there thank Mr. Pickle. sought the opportunity to seek injus- is not going to be a prevention of his But why do we have to do that? The tice at the expense of basic fairness, nomination from coming to a vote. He people who are down there should have guided by some ideological construct certainly adds weight and burden to fu- been treated just like a banker, a fin- that the Federal Government is bad, it ture nominees because many Members ancier, or K Street lobbyist who come is evil, it grabs too much power, in want to seek balance on the courts. up here when we have votes on the ways that most Americans, 95 per- Jeffrey Sutton does not bring a bit of floor. And they were not—until Mr. cent—99 percent, maybe of all Ameri- balance to the courts. It continues the Pickle went down there and straight- cans—would have no problem with. push, bringing them far over to the ened things out. The PRESIDING OFFICER. The Sen- right side to eliminate the powers of People with disabilities struggle ator from New York has used 15 min- the Federal Government or to greatly every day just to get through. We had utes. reduce the powers of the Federal Gov- years, decades, centuries of discrimina- Mr. SCHUMER. I ask unanimous con- ernment at a time when only a small tion against people with disabilities in sent that I be given an additional 5 band of ideologues is demanding just this country, so we passed the Ameri- minutes of our time. that. cans with Disabilities Act in 1990. Mr. The PRESIDING OFFICER. Is there I yield the remainder of the time I Sutton, the nominee before the Senate, objection? have not used to my colleague from says it is not needed. It was not need- Mr. HARKIN. How much time do we Iowa, and I yield the floor. ed? On National Public Radio he said have remaining? The PRESIDING OFFICER. Who ‘‘disability discrimination in a con- The PRESIDING OFFICER. Nineteen yields time? stitutional sense is difficult to show.’’ minutes 38 seconds. Mr. HARKIN. Mr. President, I reserve We did not think it was that dif- Mr. HARKIN. Five more minutes. the remainder of my time. ficult: 25 years of study by the Con- Mr. SCHUMER. I thank my colleague The PRESIDING OFFICER. Who gress, starting in 1965 with the Na- for his generosity. yields time? tional Commission on Architectural The PRESIDING OFFICER. The Sen- If no one yields time, time will be Barriers, through 1989—25 years. And ator from New York. charged equally to both sides. Senator then Congress, recognizing that we had Mr. SCHUMER. Now, it is no exag- HARKIN from Iowa has 16 minutes and left out of the Civil Rights Act of 1964 geration to say Jeffrey Sutton is one of the chairman of the Judiciary has 53 people with disabilities. the architects of the rightwing revolu- minutes. After all the studies—we had 17 hear- tion that is taking place in our Federal The Senator from Iowa. ings, we had a markup by five separate courts. In hearings before the Judici- Mr. HARKIN. Mr. President, it is an committees, 63 public forums across ary Committee, he claimed he was try- odd game that is being played here by the country, held by Justin Dart, who ing to build a Supreme Court practice the majority party of the Senate. was President Reagan’s appointee to and he cannot be condemned for the First, we asked a vote be put off until head the National Committee on Peo- views espoused in his advocacy, be- after the caucus this afternoon. The ple With Disabilities. Justin Dart col- cause lawyers have to represent their majority leader could not even do that. lected over 8,000 pages of testimony of clients. Generally, that is true. If Mr. Why do they want to rush a vote at individual acts of discrimination Sutton were a public interest lawyer noon after we have been gone for 2 against people with disabilities in this taking all cases that come to him, I weeks? Senators have just come back. country. Attorney General Thornburg would agree. If he were a junior asso- Some Members wanted the opportunity testified on behalf of it and said it was ciate taking the cases partners as- to talk about Mr. Sutton in our cau- needed, along with Governors and signed to him, I would agree. If he had cuses. The majority leader says no, we State attorneys general. We had over a diverse array of cases taking dif- will vote at noon; we cannot vote at 300 examples of discrimination by ferent ideological perspectives, I would 2:15. We will not have any other votes State governments in the legislative agree. But the cases Mr. Sutton took today but they want to ram this record—300 examples of discrimination reflect a clear agenda. He believed in through and vote at noon. I know our by State governments. Yet when Patri- what he was doing. assistant minority leader, Senator cia Garrett of Alabama was fired from In one interview, Mr. Sutton said: I REID, asked if we could have the vote her job because of her disability, Mr. love this Federalism stuff. It was obvi- later on and the majority leader ob- Sutton, in representing the State of ous to me, at least, that at the hearing jected. Why? What are they afraid of? Alabama, just said that is tough; we do this was a personal agenda for him. He Again, I point to an incident that not need the ADA. He said it is not has taken positions far beyond what happened today and yesterday that needed. Well, Congress thought it was his clients’ interests have demanded. again illustrates why people with dis- needed and people with disabilities all His record, viewed as a whole, makes abilities have every reason to be out over this country knew it was needed clear he has an agenda and his career here in the lobby today—and the recep- also. has been devoted to advancing that tion room—opposing Mr. Sutton’s nom- I make it clear, I am not accusing agenda. ination. We had a room reserved, the Jeffrey Sutton of having any personal Frankly, I do not believe someone Mansfield Room, for a press conference animosity toward people with disabil- with such strong against-the-grain ide- this morning for disability groups. ities. I spent an hour and a half with ological views will simply set them Somehow yesterday it was taken away him. I don’t believe he does. But what aside to become a fair and neutral from us. We do not know why; it was he does have is a very narrow, rigid judge. That is a pretty tough thing to just taken away. Then we were told we view of the law which he summed up do. could use the LBJ Room—fine—at 10 best when he said that in the contest So the bottom line is we have an- o’clock. People with disabilities lined involving these laws between the Fed- other nominee from the extreme, an- up outside to come in to that press eral Government and States rights, it

VerDate Jan 31 2003 00:04 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.011 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5445 is a zero sum game. In other words, if Strom Thurmond, who later became a Is the Senator from Iowa describing a claimant on civil rights under a Fed- Senator, walked out, took the South what my friend Congressman Bilbray’s eral civil rights statute, for example, with him, and formed the Dixiecrat daughter went through, trying to find such as the Americans with Disabil- Party because they didn’t like the civil State-protected rights for people with ities Act, if that person wins against a rights plank in the Democratic plat- disabilities? State that does not protect those civil form in 1948. It was then-Mayor Hum- Mr. HARKIN. I say to my friend from rights, then somehow the State loses. phrey who got up before that Demo- Nevada, when my brother Frank was The Federal Government wins and the cratic convention and said: It is time out of school and in the workforce, I State loses. He says it is a zero sum we get out of the shadow of States remember I was in the military. I was game. rights and into the sunshine of human a Navy pilot. I was down in Florida. I What an odd view to have that some- rights. wanted my brother to come down and how if the civil rights of people with He was right. The history of this visit me on one of his vacations. He color, the civil rights of women, the country since then has been one of en- didn’t want to do that. I was wondering civil rights of the elderly, the civil suring the civil rights and civil lib- why. rights of people with disabilities, if erties of our citizens. He said, You know, I am really con- somehow they are constitutionally I say to my fellow Senators, when cerned. I can get a car; I have a driver’s upheld by the Federal courts, a State you come over to vote, go through the license. But he was afraid of staying in loses—an odd, odd view. But that is Mr. reception room. You will see dozens of hotels and motels because he was con- Sutton’s view, a narrow, rigid, inter- people there: Hearing impaired, some cerned because he had read about a pretation of the law that does not rec- who are blind, people who use wheel- couple of motel fires. He said, What if ognize what we did, that does not rec- chairs—people with all forms of the dif- I am in a motel or hotel and there is a ognize the history of discrimination, ferent types of disabilities. They are fire? I won’t be able to hear anything. only his own ideology about how that there. Walk by them and tell them you So he was afraid to travel. law should be interpreted. If civil are going to vote for Jeffrey Sutton. Today when you go to hotels or mo- rights wins, the State loses, according Tell them you are going to vote for Jef- tels, they have lights that flash and to Mr. Sutton. frey Sutton because you believe their modest little improvements to make This is what the New York Times individual States will protect their sure people with disabilities can basi- said yesterday morning in the edi- civil rights; that the individual States cally enjoy the same things we do. torial: ‘‘Another ideologue for the will take care, will make sure they are The Senator from Nevada has accu- courts.’’ Not that he is a bad man. I am not discriminated against. rately described what this country was not saying he is a bad man at all. I am Mr. REID. Will the Senator yield for like before the Americans with Disabil- just saying his views are antithetical a question? ities Act. Architectural barriers? My Mr. HARKIN. I will. to civil rights laws in this country. I just hope Senators will go by and, nephew is an architect. After the act That is why over 400 civil rights groups rather than saying they are going to was passed, I remember my nephew in this country have come out in oppo- vote for Sutton, will strike another said, Now we can start designing build- sition to Mr. Sutton. Never before have blow for civil rights in this country ings the way they ought to be designed, all these groups come together to op- and tell the assembled people with dis- with universal accessibility. That is pose a nominee to the Federal bench. abilities out here in this reception happening today. Maybe this group or that group might room that we are going to say no to There was a young child turned away have opposed this judge or that judge, Mr. Sutton and we are going to set a from a zoo because the child had cere- but never before have all 400 come to- higher standard for our Federal judges. bral palsy. The child was turned away gether in opposing Mr. Sutton. Yet we Let’s defeat this nominee, not on a from the zoo because they were afraid are told we have to rush the vote. We personal basis, but let’s have judges that child would scare the chim- have to vote. We cannot debate it. We who will understand that upholding panzees. That is a true story. can’t talk to our caucuses; we have to people’s civil rights against States The PRESIDING OFFICER. The time vote at noon. rights is not a zero sum game. When we of the Senator has expired. We hear all this talk that Mr. Sutton win on our civil rights, we all win. Mr. HARKIN. I ask unanimous con- was just representing his clients. He I am glad to yield to my friend from sent for 5 more minutes. wasn’t just representing his clients. In Nevada. Mr. REID. Mr. President, I had spo- his writings, in his statements, in his Mr. REID. I said yesterday evening ken to the majority staff. The majority sayings outside the courtroom, he says as we closed how I appreciated the leader wants the vote at noon. How- his ideology, his belief is that it is a statements of the Senator from Arkan- ever, the majority, of course, has indi- zero sum game. He believes in this fed- sas yesterday and how the statements cated if we need another 5 minutes on eralism stuff. were based on substance. A lot of times each side, that would be fine. So I ask He says any congressional staffer when we come to the Senate floor we unanimous consent the time for the with a laptop can make constitutional talk in the abstract. You have not. I vote be scheduled at 12:10, rather than law. That is not what we did when we was touched when I heard the Senator 12, and that each side have an addi- passed the Americans with Disabilities from Iowa speak of his brother who was tional 5 minutes. Act. We spent years documenting dis- sent to a school for the deaf and The PRESIDING OFFICER (Mr. crimination against people with dis- dumb—even though he was not dumb; ENZI). Without objection, it is so or- abilities. he just couldn’t hear. dered. People may get up and say, ‘‘I voted Mr. HARKIN. That is true. The Senator from Utah. for the Americans with Disabilities Mr. REID. I want the Senator to an- Mr. HATCH. Mr. President, the dis- Act.’’ ‘‘I cosponsored the Americans swer this question. The Senator from tinguished Senator from Iowa is con- with Disabilities Act.’’ Fine, we appre- Iowa remembers Congressman Jim cerned that they have used up their ciate it. It passed the Senate 90 to 6. Bilbray, a Congressman from Nevada. time. I would have yielded him some But I don’t understand how you can When he was living back here, he had a time from my time if necessary. So say you voted for it, you supported the daughter who had graduated from high there is no desire to mistreat him or to Americans with Disabilities Act, but school and invited one of her friends treat him unfairly. now you want to put a judge on the from Nevada to come back to Wash- But let’s just get the facts here. The bench who wants to undermine that ington. They were trying to find ac- nomination of Jeffrey Sutton has been law and has so stated and has so writ- commodations for her friend, who was sitting here for 2 solid years and now ten, that he would be willing to under- a paraplegic. He was confined to a we hear complaints that we have to mine it in preference to States rights. wheelchair. They called over 50 hotels have a vote at 12:10 or 12? Come on. In 1948, the then-mayor of Min- and motels before they could find a Plus, I get a little tired of hearing neapolis, Hubert Humphrey, stood up place to stay for this young man with from the other side that they seem to in front of the national convention of his wheelchair. That was prior to the be the only people who care about per- the Democratic Party when then Americans with Disabilities Act. sons with disabilities. I can tell you

VerDate Jan 31 2003 00:04 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.014 S29PT1 S5446 CONGRESSIONAL RECORD — SENATE April 29, 2003 that bill would not have passed had it cases, he lost. They disagree with that, you will find time after time after time not been for people on this side, and I too. is that he was acting in his capacity as was one of the leaders. I managed the I happen to believe the Supreme a lawyer, and a pretty successful law- floor for the Americans with Disabil- Court decides what mainstream is, in yer. ities Act. I was in all the meetings. I many cases. They are not always right; If we would deny Jeffrey Sutton the helped to negotiate the compromise I admit that. I was disappointed in ability to serve on the Federal bench with the White House. I helped to re- some of their decisions. But the fact is because we do not like his clients, or solve the problem. And I feel every bit he has been more in the mainstream we do not like the position of his cli- as deeply about persons with disabil- than some of his critics. He under- ents, or we do not like his advocacy for ities, and so do all of my Republican stands what mainstream is. In 2001, he those clients or the position he took as colleagues, as do my wonderful friends had the best appellate advocate record a good lawyer following the canons of on the other side, who seem to think of any advocate before the Supreme judicial ethics, it would set a very dan- they are the only ones who care about Court, arguing four cases and winning gerous precedent for this Senate. It persons with disabilities, or civil all four of them. The fact that my col- would have a chilling effect on the rights. leagues on the other side do not like practice of law in this country. The fact is that had it not been for the results in those cases—a number of Every lawyer in this country who had the Republican Party, the Civil Rights which were decided unanimously by any thought or any ambition of ever Act of 1964 wouldn’t have passed. I get the Supreme Court—shows they are serving on the Federal bench—I will a little tired of this holier-than-thou outside the mainstream. guarantee that there are an awful lot attitude—that they are the only ones On January 2, 2003, the American of them out there who someday will who understand and they are the only Lawyer named him one of the best 45 have some dream in their mind of serv- ones who feel deeply about it. lawyers in the country under the age of ing on the Federal bench, however real- I managed the floor the day we 45. That doesn’t sound like somebody istic or not it might be—each one of passed the Americans with Disabilities who is out of the mainstream. them would have to think: Gee, is my Act—and I went with the distinguished He is an outstanding nominee. I urge representation of this client, is my rep- Senator from Iowa outside to meet all of my colleagues to support him. resentation of this particular cause with the folks who were suffering from I am happy to yield time to the dis- going to somehow affect my ability to disabilities, and we both broke down tinguished Senator from Ohio. get on the Federal bench? Will some ju- and cried because we were so happy to The PRESIDING OFFICER. The Sen- diciary committee, will some U.S. Sen- have passed that bill. I remember the ator from Ohio. ator, will some White House in the fu- day that I carried my brother-in-law Mr. DEWINE. Mr. President, I thank ture look at this and say, oh, that was through the Los Angeles temple in my my colleague from Utah. a bad cause, that was something that arms with a great effort because he After 12 years, in about an hour from was just too controversial? contracted both types of polio. He con- now we will finally be voting on the No, my friends in the Senate, we tracted polio and became a paraplegic nomination of Jeffrey Sutton, 2 years don’t want to go down that path. That who went on to finish his under- after his nomination was submitted by is a wrong path to go down. We know graduate, and went on to receive his President Bush to this body. better. We know better than to do that. master’s in electrical engineering. He I spoke twice yesterday in the Cham- My colleagues on the other side of worked up to the day he died, although ber in regard to his nomination, so I the aisle have said: No, that is really he came home every night and got into will not take much of my colleagues’ not what we are talking about. We are an iron lung. time today to talk about the nomina- not talking about his representation of So I hope our colleagues on the other tion. I have listened to my friends’ someone in court. We are talking about side quit suggesting that we don’t seem comments—they are my friends—who what he said outside of the court. I to understand on this side the problems oppose this nomination. I have a great think we have to look at that. people have with disabilities. We do un- deal of respect for them. But I believe I submit to Members of the Senate, derstand. I had to come back to the floor this when you look at that allegation, and Jeffrey Sutton worked for his father morning and respond, however briefly, when you strip it away and look at the who ran a school for kids with cerebral to their comments. real facts, what you find is, in the palsy. To have him maligned here As I have listened to their comments, cases that we look at, Jeffrey Sutton today and yesterday the way he has it has become clear that the opposition was still working as a lawyer. been, after 2 years of sitting here wait- to Jeffrey Sutton really does boil down I will give you an example: The fa- ing to get a chance to have a vote up or to this: The fact that the opponents to mous NPR interview, National Public down, goes a little bit beyond the pale. Jeffrey Sutton, those who in a few mo- Radio interview, that has been cited I support this nomination of Jeffrey ments will vote against his nomina- time and time again on the floor by the Sutton to be a judge on the Sixth Cir- tion, do not like the positions he has opponents. There are quotes from Jef- cuit Court of Appeals precisely because taken in cases he has argued. The Gar- frey Sutton about that, and people say: he is a person of capacity, decency, and rett case is a prime example. Oh, look. He was talking on National honor who cares for those with disabil- Mr. President and Members of the Public Radio, and he was not serving as ities. He is one of the top appellate Senate, as I said yesterday, and as I ex- a lawyer then, or he was not arguing a lawyers in the country. He has nearly plained in more detail than I will case in front of the United States Su- the highest rating from the American today, I thought Jeffrey Sutton’s own preme Court; that must have been his Bar Association. They don’t give that argument on behalf of the State of Ala- own ideas. rating out easily. To have him pre- bama in the Garrett case was wrong. What my colleagues fail to mention sented here today as outside of the This Senator from Ohio believed it was is that interview was done in conjunc- mainstream—that means outside of the wrong. And the U.S. Supreme Court de- tion with an oral argument in front of way certain Senators on the other side cided that I was wrong. They decided the United States Supreme Court. If I believe—well, I have to say that isn’t that Jeffrey Sutton and the State of am not mistaken, I think it was actu- the description of the mainstream. Mr. Alabama were right. I happen to still ally the same day he was making the Sutton is one of the top appellate law- think the Supreme Court got it wrong. oral argument in front of the United yers in the country. He has argued over I still happen to think Mr. Sutton’s ar- States Supreme Court. He was talking, 45 appeals in this country—appeals for guments on behalf of his client, the I believe, about the Garrett case, and a diversity of citizens in Federal and State of Alabama, were wrong. he was telling the interviewer from State courts across the country, in- But the fact remains that Jeffrey NPR what his oral argument was going cluding an impressive number—12 Sutton was simply acting as a lawyer. to be. cases—before the U.S. Supreme Court. He was acting as a lawyer—and in this We would obviously expect him not And I hear that he is outside the main- case a successful lawyer—representing to disagree with what his oral argu- stream because he wins his cases before his client. If you analyze the different ment was going to be. We would not ex- the Supreme Court? In a couple of criticisms and the different cases, what pect him to say anything inconsistent

VerDate Jan 31 2003 00:04 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.016 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5447 with what his oral argument was going Sutton’s extremely accomplished legal stand that advocates are advocates, to be. And we would expect him to ad- record and the numerous letters of sup- and they should carry the best argu- vocate for his clients and say the same port I have received on his behalf. ment for their clients they can. thing on National Public Radio that he Let me just take a few minutes today This principle is so fundamental that would say in the courtroom of the to discuss some additional points my it hardly merits mention, and yet you United States Supreme Court. So colleagues on the other side have hear these arguments like he should again, Mr. Sutton was acting as a law- raised. not have done that. If we should not do yer. Specifically, I would like to respond things as attorneys, maybe there will So to put it in a common term, it is to the points raised on the topic of fed- not be any advocates to advocate for a ‘‘bum rap.’’ This man has a right to eralism. It is as though they do not be- various positions. be a lawyer—not only has a right to be lieve in federalism, they only believe Moreover, as a substantive matter, a lawyer, he has an obligation to be a the Federal Government should have none of Mr. Sutton’s arguments can lawyer. It is what he has to do once he total control over everything. It is one fairly be characterized as outside the takes a case. reason I left the Democratic Party long mainstream—not one. He is a good lawyer. He is a lawyer ago, because I realized there is a prin- In the City of Boerne v. Flores, a 6- who has done his job. He is a lawyer ciple of federalism that is hallowed in to-3 decision he won, dealing with the who is well qualified to serve on the this country, constitutionally hal- Religious Freedom Restoration Act, Federal bench. I hope my colleagues, lowed. none—none—of the Supreme Court Jus- when they come to the floor, will con- Mr. Sutton has argued three very im- tices disagreed with the position Mr. sider his life experiences, his life’s portant cases that have resulted in Sutton advocated in that case—none. work, things he has done outside the hotly debated U.S. Supreme Court All nine agreed with him. So he is out- courtroom as far as community serv- opinions concerning the scope of side the mainstream of American juris- ice, as well as how well respected he Congress’s power under section 5 of the prudence? Guess who is outside the clearly is by courts, by his colleagues, 14th amendment to regulate State gov- mainstream. It isn’t Mr. Sutton. It is and by the community. Therefore, I ernments. Some of his critics—and a this desire that everybody think in hope my colleagues will vote to con- number of them, almost all of them— lockstep, and do in lockstep, what firm Jeffrey Sutton to the Sixth Cir- have suggested his involvement in some on the other side think ought to cuit Court of Appeals. these cases should somehow disqualify be done. No Justice disagreed with I thank the Chair and yield the floor. him from the bench. him. The PRESIDING OFFICER. The Sen- I think everyone here knows I have Now, as much as my colleagues do ator from Utah. worked hard to enact some of the very not like the Supreme Court, I have to Mr. HATCH. Mr. President, I also laws Mr. Sutton argued against on be- tell you, they are a coequal branch of compliment my esteemed colleague half of his clients as an advocate, Government, and they do help us to from Ohio for his excellent remarks. which is his responsibility as an attor- know what the law really is. And none Nobody knows this man better than ney. Together with my good friend and of them disagreed with Mr. Sutton. the distinguished Senator from Ohio. colleague, the senior Senator from The same was true in Kimel v. Flor- And, frankly, I know him quite well Massachusetts, and others, I worked ida Board of Regents—not one Justice myself. We ought to pay attention to very long hours on the Religious Free- on the Supreme Court disagreed with the people who know him and not dom Restoration Act, which was struck the interpretation of the 14th amend- make up stories about him, which I down in the City of Boerne case. I was ment Mr. Sutton advanced in that think is what is happening. one of the principal sponsors of and case—not one. Who is outside the I have seen more and more of a vin- managed the floor for the Americans mainstream? It certainly isn’t Mr. Sut- dictive approach against President with Disabilities Act, a small portion ton. Bush’s judgeship nominees than I have of which was limited by University of Now, I will concede the Garrett case ever seen in my 27 years in the Senate. Alabama v. Garrett, a case argued by was a bit narrower, but it was still a 5- To malign these people who have the Jeffrey Sutton. I also worked closely to-4 decision. Five of the Justices voted highest rating from the American Bar with the distinguished Senator from with Mr. Sutton’s argument in that Association, as though they are not in Delaware on another law that the Su- case. Nevertheless, almost by defini- the judicial mainstream, I think is hit- preme Court, in the Morrison case, tion, I think legal arguments which ting below the belt. And everybody sus- found, in part, to be beyond Federal au- garner that kind of support in the Su- pects the reason why this hitting below thority—the Violence Against Women preme Court simply cannot be pegged the belt is occurring is because, No. 1, Act. as outside of the mainstream of Amer- they think he might be pro-life. I do It is important to understand that, ican legal thinking as to be somehow not know what he is as far as that par- notwithstanding the suggestions of unworthy of an advocate—or a judicial ticular issue. The fact is, no single some of my Democratic colleagues yes- nominee. issue should stop somebody who is oth- terday, the arguments Mr. Sutton ad- I agree. My colleagues don’t agree erwise qualified from serving in the vanced on behalf of his clients in Gar- with him or didn’t agree with his argu- Federal Government and serving his rett and Morrison did not advocate an ments. I didn’t in some ways. But that fellow human beings in this country. outright repeal of the ADA or the Vio- disagreement should not stop us from But No. 2 is, they are afraid this fel- lence Against Women Act, nor did voting for a person who, as an advo- low has Supreme Court potential, as those arguments suggest the purposes cate, had an obligation to make those many of President Bush’s nominees of those laws were not worthwhile. Ul- arguments and who won on his argu- have who have such high ratings. So timately, the Supreme Court’s deci- ments. there is a deliberate attempt to dam- sions in those cases did limit certain I would also like to discuss Mr. age him on his way up to the Sixth Cir- aspects of those pieces of legislation, Sutton’s comments in the media men- cuit Court of Appeals so he will never and I will admit it was disappointing to tioned during the course of this debate. be nominated for the Supreme Court. see that happen after I put so much Much ado has been made about his Mr. President, I support the nomina- time and energy into their enactment. comment reported in the Legal Times tion of Jeffrey Sutton to be a judge on Under these circumstances, it would that: the Sixth Circuit Court of Appeals be- be relatively easy for me to take cheap It doesn’t get me invited to cocktail par- cause he is worthy of it. Mr. Sutton, shots and criticize Mr. Sutton for the ties, but I love these issues. I believe in this like I say, is one of the top appellate role he played as an advocate in those Federalism stuff. lawyers in the country today. There is cases. But I am certainly not going to Tell me what is wrong with that. no question about it. I have mentioned do so, for the simple reason that as- Federalism is a hallowed principle of how many cases he has argued, appel- cribing to Mr. Sutton the positions of constitutional law. I believe in it, too. late cases, and at least 12 before the his clients is wrong, it is unfair, it is I believe deep down some of my col- Supreme Court, winning most of them. not right, it is beneath the dignity of leagues on the other side believe in it, I spoke yesterday at length about Mr. those who are attorneys who under- although I have to admit, I think a

VerDate Jan 31 2003 00:04 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.019 S29PT1 S5448 CONGRESSIONAL RECORD — SENATE April 29, 2003 number of them don’t. They are wrong the Democrat side have sent out a let- with Disabilities Act in 1990—have raised not to. They are outside of the main- ter criticizing him, saying he has never questions about Jeff’s nomination. I believe stream of American jurisprudence. done anything for civil rights. What that these criticisms miss the mark, and do Well, federalism is not a bad word or are those cases? so by a wide margin. For during his career as In addition, I recently received a a lawyer, both as an Ohio government offi- an unpopular concept. It is a well-es- cial and in private practice, Jeff Sutton has tablished part of our system of govern- very supportive letter from Mr. Riyaz gone out of his way to defend the interests of ment. As the Supreme Court noted in Kanji, a former law clerk to Supreme the disabled. its 1995 decision in U.S. v. Lopez: Court Justice David Souter and Judge In 1996, Jeff tried to convince the Ohio Su- Just as the separation and independence of Betty Fletcher of the Ninth Circuit, preme Court that Case Western Reserve Uni- coordinate branches of the Federal Govern- neither of whom would be considered versity had unlawfully discriminated against ment serve to prevent the accumulation of conservatives by any judicial measure. Cheryl Fischer, who is blind, when it refused excessive power in any one branch, a healthy He said that he contacted Mr. Sutton to admit her to its medical school solely on balance of power between the States and the in advance to ask for assistance on an the basis of her disability. Jeff actively sought out the opportunity to represent Ms. Federal Government will reduce the risk of amicus brief for the National Congress tyranny and abuse from either front. Fischer, and he was passionately dedicated of American Indians and an Indian law to her cause. But don’t take my word for it. The court also noted that: case pending before the U.S. Supreme Here’s what Ms. Fischer has to say: This constitutionally mandated division of Court. Mr. Kanji wrote: ‘‘Working for the State, Jeff took my case authority ‘‘was adopted by the framers to Mr. Sutton took the time to call me back on, firmly convinced I had been wronged. I ensure protection of our fundamental lib- from vacation the very next morning to ex- recall with much pride just how committed erties.’’ press a strong interest in working on the Jeff was to my cause. He believed in my posi- Who is outside of the mainstream of case. In our ensuing conversations, it became tion. He cared and listened and wanted badly American jurisprudence? Certainly not apparent to me that Mr. Sutton did not sim- to win for me. I recall well sitting in the ply want to work on the matter for the small courtroom of the Ohio Supreme Court listen- Mr. Sutton. Some of these arguments ing to Jeff present my case. It was then that made against him are outside. I admit amount of compensation it would bring him (he readily agreed to charge far below his I realized just how fortunate I was to have a that. usual rates for the brief), but that he instead lawyer of Jeff’s caliber so devoted to work- That is what federalism means. Like had a genuine interest in understanding why ing for me and the countless of others with Jeffrey Sutton, I believe in it, too. I Native American tribes have fared as poorly both similar disabilities and dreams.’’ think anybody who understands con- as they have in front of the Supreme Court Jeff fell just one vote short of prevailing, stitutional law must believe in it. We in recent years . . . I think it is fair to say but his service to Ms. Fischer leaves no doubt as to his commitment to defending the could differ as to how it should be ap- that most individuals who are committed to furthering the cause of State’s rights with- rights of the disabled. plied in all cases, but those are polit- Cheryl Fischer is not the only person with ical arguments. Frankly, an advocate out regard to any other values or interests in our society do not evidence that type of con- a disability to be helped by Jeff Sutton. Six has an obligation to represent his cli- cern for tribal interests. years later, Jeff was the lead counsel in a ent and do the best he can for them, case brought by the National Coalition of I would also like to share a letter Students with Disabilities against the state which Sutton did, and he won. from a good friend, former colleague to Just as I believe in the separation of of Ohio, his former employer. Jeff argued all of us in this body, Senator Robert powers of the three branches of the that Ohio universities were failing to provide Dole. Senator Dole was also in the voter-registration materials to their dis- Federal Government, believing in fed- meetings when we were able to arrive abled students, in violation of the federal eralism does not mean you always be- at a final conclusion on the Americans ‘‘motor voter’’ law. As a direct result of lieve States should prevail in any given with Disabilities Act. He was instru- Jeff’s efforts, the National Coalition of Stu- dispute. Mr. Sutton doesn’t believe dents with Disabilities prevailed, and the mental in passing the Americans with that; neither do I. As I have stated be- state of Ohio was made to set up voter-as- Disabilities Act. Senator Dole is a well- fore, I am disappointed any time the sistance stations at state colleges and uni- known advocate for the rights of dis- Supreme Court holds unconstitutional versities. abled Americans. He wrote a letter to Beyond representing them in court, Jeff any legislation for which I fought and the Judiciary Committee strongly sup- Sutton has improved the lives of the disabled bled, that I vigorously worked to porting Jeffrey Sutton because of his through his service to a disability-rights enact. However, I do believe in the Fed- ‘‘demonstrated commitment to safe- group. Since 2000, Jeff has served on the eral system that our Founders created Board of Trustees of the Equal Justice Foun- guarding the rights of all Americans, and the courts have protected over the dation, which provides free legal services to especially those of persons with dis- years. I cannot derive from Mr. the disadvantaged, including persons with abilities.’’ disabilities. During his service, the Equal Sutton’s quote that he meant anything I ask unanimous consent to print a more than he believed in federalism as Justice Foundation has filed lawsuits copy of the Dole letter in the RECORD, against three Ohio cities demanding that a structural component of our Amer- along with some of the copies of other they make their sidewalks wheelchair acces- ican system of government, something letters of support for Jeffrey Sutton’s sible. It has sued an amusement park that I think is certainly true. nomination that the committee has re- flatly prohibited the disabled from riding its I want to make a few points about ceived. rides. And it has represented a woman with Mr. Sutton’s record which has been at- There being no objection, the mate- a mental illness who lived in subsidized housing, when her landlord tried to evict her tacked, I believe, unfairly. We are get- rial was ordered to be printed in the ting used to that in the Senate. Some on the ground of her disability. RECORD, as follows: Again, those who know Jeff Sutton best suggest that the few cases in which Mr. SENATOR BOB DOLE, speak with great eloquence about his dedica- Sutton has represented States, in what Washington, DC, January 16, 2003. tion to the disabled. Kim Skaggs, the Execu- some consider unpopular causes, dem- Hon. ORRIN G. HATCH, tive Director of the Equal Justice Founda- onstrates a bias towards States rights. Chairman, Committee on the Judiciary, tion, testifies that: However, Mr. Sutton has represented a U.S. Senate, Washington, DC. ‘‘I admired Mr. Sutton’s abilities so much wide range of clients in his legal prac- DEAR MR. CHAIRMAN: On May 9 of 2001, that, upon joining the Equal Justice Founda- tice. In those cases where he rep- President Bush nominated to a vacancy on tion, I actively recruited him to become a resented States, he was either acting in the U.S. Court of Appeals for the Sixth Cir- member of the Equal Justice Foundation’s cuit one of the most distinguished lawyers in Board of Trustees. Much to his credit, Mr. his official capacity or was hired by the the United States: Jeffrey S. Sutton of Co- Sutton accepted and has been extremely sup- State and paid a full fee. However, he lumbus, Ohio. I ask that you join me in portive of the Foundation’s work. I believe has represented a significant number of backing Jeff’s nomination, which I support that Mr. Sutton possesses all the necessary clients with very diverse interests on a in part because of his demonstrated commit- qualities to be an outstanding federal judge. pro bono basis. These clients include ment to safeguarding the rights of all Ameri- I have no hesitation whatsoever in sup- death row defendants, prisoner rights cans—especially those of persons with dis- porting his nomination.’’ plaintiffs, the National Coalition for abilities. These are not the actions of a man who is As you know, some in the disability-rights indifferent to the rights of persons with dis- Students with Disabilities, the NAACP, community—for whom I have great respect abilities. Although he defended the state of the Center for Handgun Violence—to and with whom I have had the privilege of Alabama in an Americans with Disabilities name a few. I notice some of my col- working in the past, including during our Act lawsuit, the complete picture of Jeff leagues on the Judiciary Committee on joint efforts to pass the landmark Americans Sutton’s career reveals a consistent concern

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about the special burdens that the disabled CLEVELAND, OH, the lawyer’s own views, it would also under- face in their everyday lives, and an equally May 21, 2001. mine effective representation for public enti- consistent commitment to alleviating those Hon. Senator MIKE DEWINE, ties. burdens. In all candor, I believe that my Member of the Senate Judiciary Committee, Rus- Mr. Sutton served with great distinction as friends in the disability-rights community sell Senate Building, Washington, DC. the Solicitor General of Ohio and has other- should be actively supporting Jeff Sutton’s DEAR SENATOR DEWINE: A few weeks ago wise had a distinguished legal career. I re- spectfully urge that his nomination be nomination. For we are not likely to find a my sister called to tell me that President scheduled for a hearing and considered based more sympathetic ear on the federal bench. Bush nominated Jeff Sutton to serve on the Sixth Circuit Court of Appeals. I was thrilled on his individual qualifications rather than I do not write these words lightly. As you to hear the news. positions he may have advanced for par- know, I spent many years in the United While working as Solicitor General for the ticular clients. States Senate fighting for the rights of the State of Ohio, Jeff represented me in a law- Very truly yours, disabled. I co-sponsored and worked hard for suit the Ohio Civil Rights Commission JANET NAPOLITANO, passage of the 1990 Americans with Disabil- brought against Case Western Reserve Uni- Attorney General. ities Act. I have no doubt that, if he is con- versity on my behalf. I sought but was de- firmed, Jeff Sutton will faithfully enforce nied admission to the Case Western medical NATIONAL ASSOCIATION OF that law, just as he will enforce all acts of school. I alleged then, as I continue to be- ATTORNEYS GENERAL, Congress. And I have no doubt that he will lieve now, that the school denied my applica- Washington, DC, July 31, 2001. Re Nomination of Jeffrey Sutton to the scrupulously respect the rights of the dis- tion for one impermissible reason: I’m blind. United States Court of Appeals for the abled, just as he will respect the rights of all The Ohio Civil Rights Commission agreed Sixth Circuit. Americans. with me. After a thorough investigation, the Sincerely, Commission determined that I was otherwise Hon. THOMAS DASCHLE, BOB DOLE. qualified for admission and that the school Majority Leader, U.S. Senate, The Capitol, could make reasonable accommodations to Washington, DC. enable me to pursue training to become a Hon. PATRICK LEAHY, ARENT FOX KINTNER PLOTKIN psychiatrist. Chairman, Committee on the Judiciary, U.S. & KAHN, PLLC, The case worked its way through the Ohio Senate, Dirksen Senate Office Building, Washington, DC, January 7, 2003. courts and ultimately landed on the Ohio Su- Washington, DC. Re nomination of Jeffrey S. Sutton to the preme Court. It was at this point that I first Hon. TRENT LOTT, Sixth Circuit. met Jeff Sutton. Working for the State, Jeff Senate Minority Leader, U.S. Senate, The Cap- Hon. PATRICK J. LEAHY, took my case on, firmly convinced I had been itol, Washington, DC. Chairman, Senate Judiciary Committee, U.S. wronged. I recall with much pride just how Hon. ORRIN HATCH, Senate, Russell Senate Office Building, committed Jeff was to my cause. He believed Ranking Member, Committee on the Judiciary, Washington, DC. in my position. He cared and listened and U.S. Senate, Hart Senate Office Building, Hon. ORRIN G. HATCH, wanted badly to win for me. I recall well sit- Washington, DC. Ranking Member, Senate Judiciary Committee, ting in the courtroom of the Ohio Supreme DEAR SENATORS: We, the undersigned indi- U.S. Senate, Hart Senate Office Building, Court listening to Jeff present my case. It vidual state Attorneys General, are writing Washington, DC. was then that I realized just how fortunate I to urge your prompt and affirmative vote on was to have a lawyer of Jeff’s caliber so de- confirmation of the nomination of Jeffrey DEAR SENATOR LEAHY AND SENATOR HATCH: voted to working for me and the countless of Sutton to the United States Court of Appeals I am writing to urge the prompt confirma- other with both similar disabilities and for the Sixth Circuit. tion of Jeffrey S. Sutton to the United dreams. Mr. Sutton is an award-winning, highly- States Court of Appeals for the Sixth Cir- Although I ultimately fell short in the qualified attorney. Jeff Sutton’s intelligence cuit. I believe that Mr. Sutton is eminently courts, Jeff Sutton stood firm by my side. and qualifications are unquestioned, with a qualified and would be a great asset to the My experience confirmed what President great deal of experience in commercial, con- federal judiciary. Bush understands: Our nation would be stitutional and appellate litigation. He has Mr. Sutton is one of the top appellate ad- greatly served with Jeff Sutton on the fed- argued nine cases in the United States Su- preme Court, including HOHN v. United States, vocates in the country, having argued twelve eral bench. in which the Court invited Mr. Sutton’s par- cases in the United States Supreme Court, Sincerely yours, CHERYL A. FISCHER. ticipation, and Becker v. Montgomery, in with a 9–2 record (and one case pending). In which he represented a prisoner’s interests the 2000–2001 Term, he argued more cases pro bono. He has argued twelve cases in the STATE OF ARIZONA, than any other private attorney in the coun- Ohio Supreme Court and seven cases in the try, and won all four of them. And in Hohn OFFICE OF THE ATTORNEY GENERAL, Phoenix, AZ, July 24, 2001. federal courts of appeal. And, as the former v. United States, 524 U.S. 236 (1998), the Court Re nomination of Jeffrey Sutton to the Ohio State Solicitor, he has also handled sua sponte appointed Mr. Sutton to argue countless cases in the state and federal United States Court of Appeals for the the case as a friend of the Court. When he courts. His career has been distinguished, Sixth Circuit. served as the State Solicitor of Ohio, the Na- and he has displayed a rare sense of prin- tional Association of Attorneys General pre- Senator PATRICK LEAHY, cipled fairness throughout it. Chairman, Senate Judiciary Committee. sented Mr. Sutton with a Best Brief Award Jeff Sutton graduated first in his law Senator ORRIN HATCH, for practice in the United States Supreme school class, and clerked for two United Ranking Member, Senate Judiciary Committee. Court an unprecedented four years in a row. States Supreme Court justices. It deserves DEAR SENATORS LEAHY AND HATCH: As the note that Mr. Sutton has represented a wide And this month, the American Lawyer in- Attorney General for Arizona, and a former range of clients. For example, he represented cluded Mr. Sutton in its list of the top forty- U.S. Attorney, I write to urge that Mr. Cheryl Fischer, a blind woman, who claimed five lawyers in the country under the age of Sutton’s nomination be considered based on that Case Western University Medical forty-five. his own merits as a prospective judge rather School discriminated against her on basis of I understand that some legal arguments than positions he may have taken as an ad- disability in denying her admission to med- Mr. Sutton has made in the course of rep- vocate for particular clients. Lawyers have a ical school. He also is a board member of the resenting clients have aroused some con- professional obligation to be zealous advo- Equal Justice Foundation, which provides troversy in connection with his nomination. cates on behalf of their clients, and the eth- legal representation to the indigent and has Having recent experience myself with the ju- ical rules governing lawyers generally recog- filed several class actions on behalf of the dicial confirmation process, I strongly urge nize that such representation does not con- disabled. Beyond this, he has filed pro bono stitute a personal endorsement of a client’s the Senate to reject any unfair inference amicus briefs on behalf of the NAACP, the position. See ABA Model Rules of Profes- that Mr. Sutton’s personal views must coin- AntiDefamation League and the Center for sional Conduct, ER 1.2(b). This principle is the Prevention of Handgun Violence. cide with positions he has advocated on be- particularly important for lawyers rep- Unfortunately, Mr. Sutton’s exemplary half of clients. It is, of course, the role of the resenting State governments and other pub- record is being distorted by some critics, and advocate to raise the strongest available ar- lic entities. Often such lawyers have a pro- as state Attorneys General, we are particu- guments on behalf of a client’s litigation po- fessional obligation to defend or advocate larly concerned when we see a lawyer being sition regardless of the lawyer’s personal positions taken by legislatures, elected offi- attacked not for positions he advocated as a convictions on the proper legal, let alone cials, or public agencies that may differ from private individual, but for positions he ar- policy, outcome of the case. I am confident the lawyer’s personal views on public policy gued as a legal advocate for State govern- that Mr. Sutton has the ability, tempera- or moral issues. Penalizing a lawyer for vig- ment. For example, some critics have ment, and objectivity to be an excellent orously advocating on behalf of such clients claimed that Mr. Sutton is against the judge. would be wrong—it would not only blur the Americans with Disabilities Act because he Sincerely, important distinction between the positions argued that one provision of the law over- BONNIE J. CAMPBELL. a lawyer may take on behalf of a client and stepped States’ rights (in the case of Univ of

VerDate Jan 31 2003 02:09 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.002 S29PT1 S5450 CONGRESSIONAL RECORD — SENATE April 29, 2003 Alabama v. Garrett). We do not wish here to ney General of N. Mariana Islands; It is, of course, the role of the advocate to debate the merits of that position; although Hardy Myers, Attorney General of Or- raise the strongest available arguments on we note that the Supreme Court agreed with egon; Richard P. Ieyoub, Attorney Gen- behalf of a client’s litigation position regard- that position. The important point here at eral of Louisiana; Mike Moore, Attor- less of the lawyer’s personal convictions on issue is that Mr. Sutton argued that case as ney General of Mississippi; Frankie the proper legal, let alone policy, outcome of a lawyer representing his client. He was not Sue Del Papa, Attorney General of Ne- the case. I am confident that Mr. Sutton has advocating his personal views; rather, he was vada; Wayne Stenehjem, Attorney Gen- the ability, temperament, and objectivity to working to represent a public-sector client. eral of North Dakota; W.A. Drew be an excellent judge. This distinction, between personal policy Edmondson, Attorney General of Okla- preferences and legal advocacy, is a crucial I respect her for writing that letter. homa; Mike Fisher, Attorney General I have to say I admire her for doing so. one, and we Attorneys General have a unique of Pennsylvania. perspective on the importance of that dis- Sheldon Whitehouse, Attorney General I might add that in Senator Dole’s tinction. We are legal advocates, sworn to of Rhode Island; Mark Barnett, Attor- letter, he went on to list Mr. Sutton’s uphold the interests of our clients, and while ney General of South Dakota; John work on behalf of Cheryl Fischer and we also serve as policy advocates for our Cornyn, Attorney General of Texas; the nonprofit Equal Justice Founda- States, we often must adopt legal positions Randolph A. Beales, Attorney General tion, which often represents disabled that do not match our personal beliefs. of Virginia; Charlie Condon, Attorney As you know, all attorneys have an ethical clients in the Ohio community. Sen- General of South Carolina; Paul Sum- ator Dole continued: duty to zealously represent their clients’ in- mers, Attorney General of Tennessee; terests within the bounds of the law, even Mark Shurtleff, Attorney General of I do not write these words lightly. As you where the lawyer may not personally share Utah; Iver A. Stridiron, Attorney Gen- know, I spent many years in the United the client’s views. This is especially true for eral of the Virgin Islands. States Senate fighting for the rights of the public sector lawyers, because we are bound disabled. not only by the same ethical rules as all law- Mr. HATCH. Mr. President, I also I have no doubt that, if he is confirmed, yers, but we are also bound by law to rep- point out a letter from Bonnie Camp- Jeff Sutton will faithfully enforce that law, resent our legislatures, governors, and agen- bell from Arent Fox, who herself was just as he will enforce all laws of Congress. cies. As Attorney General, each of us has not approved to go on the court. I feel And I have no doubt that he will scru- worked to advocate legal positions that may badly that we were unable to get to pulously respect the rights of the disabled, not reflect our personal beliefs. Doing so her. But she writes: just as he will respect the rights of all Amer- may be difficult, but that is our job and our icans. . . . to urge prompt confirmation of Jeffrey duty as lawyers and as public servants. I hope my colleagues will take note Just as we do this, so do the attorneys who S. Sutton to the United States Court of Ap- work for us. They have often been faced with peals for the Sixth Circuit. I believe that Mr. of Senator Dole’s endorsement, which I the challenge of espousing a position which Sutton is eminently qualified and would be a believe speaks volumes on the integ- might not match their own personal beliefs. great asset to the federal judiciary. rity and fairness of Jeffrey Sutton. His While their abilities in representing their By the way, Ms. Campbell headed the record indicates he will be a brilliant clients will surely be evaluated by the Sen- Violence Against Women efforts on be- jurist of whom we can all be proud. ate whenever those government lawyers are half of the Clinton administration; I am going to cast my vote in favor nominated for federal judgeships, we urge some on the other side have criticized of this confirmation to the Sixth Cir- you not to unnecessarily mistake their advo- Mr. Sutton and his arguments on the cuit, and I strongly urge all of my col- cacy for personal belief. We all believe that everyone in America deserves legal represen- violence against women cases before leagues to do the same. I urge my col- tation no matter how unpopular his or her the Supreme Court. leagues to get beyond these fallacious cause may seem. Lawyers will not be willing She goes on to say: arguments that he is outside of the to take on such causes if they fear that their Mr. Sutton is one of the top appellate ad- mainstream of American jurispru- advocacy may later be used against them. vocates in the country, having argued twelve dence, these arguments that he is un- The potential chilling effect could be enor- cases in the United States Supreme Court, worthy of being in this position—al- mous. with a 9–2 record (and one case pending). In though they admit he is a highly quali- Indeed, as legislators, you have a great in- the 2002 and 2001 Term, he argued more cases terest in seeing that government lawyers ad- fied, good person. Think about it. than any other private attorney in the coun- The fact is, their gold standard rated vocate the government’s position and not try, and won all four of them. And in Hohn their own. When Congress passes legislation, v. United States . . . the Court sua sponte him—the American Bar Association— you have the right to expect that the United appointed Mr. Sutton to argue the case as a nearly the highest possible rating States Solicitor General and the entire De- friend of the Court. available. Now, that speaks volumes. partment of Justice will defend Congress’s I reserve the remainder of my time. work. Individual federal lawyers cannot pick That in and of itself, I might add, shows the high esteem with which the Mr. BUNNING. Mr. President, today I and choose whether to represent only the come to the floor of the Senate to offer federal acts that they like. We expect the Supreme Court holds this man, cer- same of lawyers for the States. tainly a man not outside the main- my support for Jeffrey Sutton and urge We respectfully suggest that Mr. Sutton stream. She said: my colleagues to support his confirma- tion. The Sixth Circuit, which includes should not be criticized because he has been When he served as State Solicitor of Ohio, a vigorous and effective advocate. That has the National Association of Attorneys Gen- my State of Kentucky, is experiencing been his duty, and it is to his credit that he eral presented Mr. Sutton with the Best a true judicial emergency. Six of the has discharged that duty well. Brief Award for practice in the United States sixteen seats on that court currently When you review Mr. Sutton’s nomination, Supreme Court, an unprecedented four times sit vacant, leading to justice delayed— please look at his qualifications and his abil- in a row. ity to understand and apply the law. Please and thus justice denied—for the citi- do not assume that his past legal positions Does that sound like somebody out- zens of Kentucky, Ohio, Tennessee, and reflect his personal views. No lawyer would side the mainstream? Continuing from Michigan. We need Jeffrey Sutton and wish to be personally held to every position the letter: we need five others like him on the which, as an advocate, he or she was required And this month the American Lawyer in- Sixth Circuit. to advance. cluded Mr. Sutton in its list of the top 45 Jeffrey Sutton was first nominated Sincerely, lawyers in the country under the age of by President Bush on May 9, 2001. It Betty D. Montgomery, Ohio Attorney forty-five. has taken him almost 2 years to be General; Bill Pryor, Attorney General I understand that some legal arguments confirmed and assume his seat on the of Alabama; Robert A. Butterworth, Mr. Sutton has made in the course of rep- Attorney General of Florida; Alan bench. That is a long time to wait—but resenting clients have aroused some con- he is one of the lucky nominees, since Lance, Attorney General of Idaho; M. troversy in connection with his nomination. Jane Brady, Attorney General of Dela- Having recent experience myself with the ju- he is actually getting a vote. ware; Earl Anzai, Attorney General of dicial confirmation process, I strongly urge Jeffrey Sutton is an example of the Hawaii; Steve Carter, Attorney Gen- the Senate to reject any unfair inference fine nominees President Bush has sub- eral of Indiana; Carla J. Stovall, Attor- that Mr. Sutton’s personal views must coin- mitted to the Senate. He was rated ney General of Kansas; J. Joseph cide with positions he has advocated on be- ‘‘Qualified’’ by the American Bar Asso- Curran Jr., Attorney General of Mary- half of clients. land; Don Stenberg, Attorney General ciation. He has argued 12 cases before of Nebraska. This is exactly the argument made the United States Supreme Court, with Philip T. McLaughlin Attorney General by a number on the other side, an argu- a strong record of success. He has of New Hampshire; Herbert Soll, Attor- ment she rejects. She continues: served as State Solicitor of Ohio and

VerDate Jan 31 2003 02:09 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.007 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5451 was highly respected by his peers in resenting clients, he took time to ar- nominations process by sending such that position. He clerked for two Su- ticulate his personal view that Con- nominees to the Senate. I do not be- preme Court justices as well as for the gress should be restrained in its effort lieve that Mr. Sutton is such nominee. Second Circuit Court of Appeals. Cur- to protect civil rights and the environ- He is a bright and accomplished attor- rently, Mr. Sutton is a partner at the ment. Through his involvement with ney, but he is not the right person for well respected Jones Day law firm and the Federalist Society, including serv- this seat on the Sixth Circuit Court of he teaches law school classes at Ohio ing as an officer of its Separation of Appeals. Powers and Federalism practice group, State University. His experience in ap- Mr. JEFFORDS. Mr. President, I and his writings and statements, Mr. pellate law practice has earned him ac- would like to take this opportunity to claim from one legal publication as one Sutton has said that he ‘‘believes in express my strong opposition to the of the 45 best lawyers under the age of this stuff’’ and is ‘‘on the lookout’’ for nomination of Jeffrey Sutton to the 45 in the whole country. cases where he can raise federalism Sixth Circuit Court of Appeals. I am proud that President Bush nom- issues. inated Jeffrey Sutton and I am proud I am concerned about this pattern of During my time in Congress, I have to vote for him. He is well qualified to arguments, writings, and statements worked hard to ensure equal rights for serve on an appellate court and will do that challenge laws Congress has all Americans. Over the last three dec- a fine job for all states in the circuit. worked so hard to advance those that ades we have made great strides in en- I am glad he will soon be confirmed to would safeguard our precious wetlands suring equal rights for disabled Ameri- the Sixth Circuit, and I urge my col- and natural habitats and fight dis- cans, older Americans, and other indi- leagues to support him as well. crimination of any and every kind. We viduals. The confirmation of Jeffrey Mr. FEINGOLD. Mr. President, I will cannot reasonably expect to one day Sutton to the Sixth Circuit Court of vote no on the nomination of Jeffrey eliminate discrimination in this coun- Appeals will set back our progress if he Sutton to be a judge on the U.S. Court try if we confirm nominees like Mr. is allowed to continue his work of erod- of Appeals for the Sixth Circuit. I’d Sutton, who seem to be ready to turn ing the coverage of civil rights laws like to take a moment to explain my back the clock on civil rights through passed by Congress, not just as an at- decision. the application of a dry but extremely torney, but as a Federal judge. I have concluded that I cannot sup- consequential federalism doctrine, to Let me provide my colleagues a port the nomination of Mr. Sutton be- one of the most important courts in quick review of Mr. Sutton’s record cause I am not convinced that he will the nation. give all those who appear before him a Finally, I want to add that I was and its impact on equal rights for all fair and impartial hearing. I am great- troubled by Mr. Sutton’s response to Americans. In University of Alabama ly troubled by Mr. Sutton’s record of one of my questions. In answering to a v. Garrett, State workers lost their handling cases that have resulted in question about congressional authority right to bring damage suits under the the curtailment of important civil for enacting a Federal environmental Americans with Disabilities Act. In rights, environmental, and other pro- law, he said that the case involved Kimel v. Florida, State workers lost tections. Mr. Sutton has filed amicus statutory interpretation and that he the right to bring damage suits under briefs that argued for limiting Con- simply argued that the Court need not the Age Discrimination in Employment gress’ authority to enact laws to pro- reach the constitutional question. I Act. In Alexander v. Sandoval, all tect the rights of the disabled, women, later reviewed the brief and confirmed Americans lost the ability to file a pri- the elderly, the poor, and racial or eth- that six out of ten pages of his brief, in vate right of action to enforce the dis- nic minorities, as well as laws critical fact, focused on the constitutionality parate impact regulations of title VI of to protecting the environment. of the Federal environmental regula- the Civil Rights Act. In fact, the These cases resulted in some of the tion. I confronted him with this fact in Sandoval rationale has been applied to most notable Supreme Court decisions a followup question, and he continued say that individuals who are fired or of the last decade that have restricted to insist that the argument he made demoted because they complain about the ability of Congress to protect the was not unusual. I do not believe that gender inequities in a school’s sports or rights of Americans and the environ- is the case. Mr. Sutton himself filed an education program cannot bring a chal- ment. amicus brief in another case urging lenge under title IX. Now, at his confirmation hearing, ‘‘constitutional avoidance’’ without Unfortunately, for all Americans in- Mr. Sutton repeatedly defended his in- making such an extensive argument terested in equal rights, the examples volvement in these cases by stating against the constitutionality of the above have already occurred. Other ar- that he was simply doing his job of statute. guments Mr. Sutton has made will pro- zealously representing his client. I ap- I don’t like voting against judicial vide my colleagues and all Americans a preciate this argument to some extent, nominees. This was a difficult decision look ahead to the further erosion of especially during his tenure as State for me because I do think that Mr. Sut- equal rights if Mr. Sutton is confirmed Solicitor of Ohio. But my concerns re- ton made an effort to address the Com- to the Sixth Circuit Court of Appeals. main because I know that once he went mittee’s concerns, in contrast to some into private practice, he certainly had other nominees who have come before Mr. Sutton has argued that advo- the ability to choose whether to accept us. I understand that President Bush cates for low-income children should clients and inject himself into cases. has the right to nominate whomever he not be allowed to effectively enforce a Moreover, the purpose of amicus briefs, wants to the federal bench. But the State’s failure to provide them essen- which Mr. Sutton filed while in both Senate is not obligated to let the Presi- tial health services required by the the Solicitor’s office and private prac- dent’s nominees sail through, as if Medicaid Act, Westside Mothers v. tice, is not to defend a client against there were no checks and balances, no Haveman. Families would not be able litigation or to seek redress on behalf constitutional requirement of advise to challenge a State’s failure to pro- of that client. It is, as we know, an op- and consent. As much as it is our duty vide notices or hearings when their portunity for a third party to inject an to fill vacancies in the Federal judici- Medicaid HMOs deny or delay needed opinion into a case for which the third ary, it is also our duty to give great treatment if Sutton’s theories from party has no immediate interest. In and searching scrutiny to those nomi- Westside Mothers had been accepted. significant states’ rights case after nees who have a record that calls into Additionally, parents would not be able case, Mr. Sutton consistently sought question their ability to give all those to bring a challenge to a State’s sys- out cases in which he could argue for litigants who would appear before the temic failure to provide occupational limiting the role of Congress in ensur- nominees a fair and impartial hearing. therapy, speech therapy, and other ing constitutional protections for I am more than pleased to vote to services that help ensure that disabled Americans. confirm judicial nominees that are children receive a free and appropriate Furthermore, it seems as though this fair-minded and supported by a con- public education as required by the In- is a personal crusade for Mr. Sutton. sensus of members, and, once again, I dividuals with Disabilities Education Outside of his role as a lawyer rep- urge the President to speed up the Act if Sutton’s theories in Westside

VerDate Jan 31 2003 04:25 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.011 S29PT1 S5452 CONGRESSIONAL RECORD — SENATE April 29, 2003 Mothers had been accepted. Deaf stu- in any of the cases taken after he left than to attribute their name to any dents at State universities would not the Ohio State Solicitor’s office in 1998. paper that professes a view with which be able to require schools to provide In fact, he has admitted that he sought they strongly disagree. In my view, Mr. them with interpreters, captioning, out cases curtailing congressional Sutton’s suggestions that he does not and other assistance as required by power as a private lawyer and that he personally believe what he has written title II of the Americans with Disabil- is on the ‘‘lookout’’ for these cases. He are intellectually dishonest and insin- ities Act. if Sutton’s additional far- has aggressively pursued a national cere. reaching arguments in Garrett had pre- role as the leading advocate of States’ I would also like to respond to the vailed. rights and, as my colleagues have claim by those of the other side of the Mr. Sutton’s history shows more noted, he has stated that his advocacy aisle. Those opposed to Mr. Sutton’s than just a desire to represent his cli- on the principles of federalism is some- confirmation believe he has a personal ents zealously; it shows a belief in a thing that he believes in. antipathy to people with disabilities. I philosophy. This is a philosophy that He has made statements praising know of no Senator who is claiming says the right of the State trumps all, many of the Supreme Court’s decisions that Mr. Sutton has a personal antip- even in the face of extensive Congres- undermining Congress’ authority to athy to the disabled. I have heard from sional findings. This is a philosophy protect and assist citizens, and in his hundreds of people and organizations that says the right of the State over- personal writings and speeches he has who express concern that millions of rules the most basic of equal rights advocated an even narrower view of disabled individuals have been harmed laws that the Federal Government may Congress’ role. Perhaps most signifi- by his broad advocacy to limit the pass. This is a philosophy that the cantly, Mr. Sutton has taken not a sin- rights of the disabled as a class. The State can discriminate against its em- gle case that supports congressional fact is that Mr. Sutton has chosen to ployees and citizens even in the face of power to enact laws protecting civil argue against the rights of people with Federal antidiscrimination laws. This and individual rights. In each case he disabilities in three major cases to the is not a philosophy I can support, and has argued before the Supreme Court Supreme Court; that he has argued I urge my colleagues to join me in op- he has always been on the same side of that the ADA is ‘‘not needed’’; and that posing this nomination. this issue—arguing that individuals he has devoted his career to making Mr. LEAHY. Mr. President, this have no right to enforce the civil rights States less accountable. morning we are going to vote on the protections that Congress has given I have been stunned by the Repub- nomination of Jeffrey Sutton to the them. This must be more than a coinci- lican Senators who have come to this U.S. Court of Appeals for the Sixth Cir- dence. floor to argue that Senators should not cuit. Yesterday, I spoke about some of His personal writings and speeches consider a lawyer’s representation of my concerns, but I want to again dis- promote his theory that State laws clients in considering a judicial nomi- cuss my serious concerns with this adequately protect civil liberties, and nation. I am stunned because so many nominee. display a lack of respect and under- of them voted against so many nomi- Mr. Sutton has a legal philosophy fo- standing for Congress’ long-standing nees of President Clinton on that very cused on limiting Congress’ historic role in protecting individual rights. basis, but they now condemn the ap- role in protecting the civil and con- Mr. Sutton has stated in several arti- proach they themselves took—without, stitutional rights of all Americans. He cles that States should be the principal of course, acknowledging the con- has led an aggressive campaign to dis- bulwark in protecting civil liberties, a tradiction. I am reminded that a key mantle longstanding Federal laws, en- claim that has serious implications member of this President’s judicial acted with bipartisan support, that given a history of State discrimination nomination selection team, his former have made this country more inclusive against individuals. In numerous pa- White House Deputy Counsel testified over the last half-century, and to close pers for the Federalist Society, he has before the Senate in 1997 that: access to the Federal courts for people repeatedly stated his belief that fed- Although the Senate Judiciary Committee challenging illegal acts by their State eralism is a ‘‘zero-sum situation, in has long recognized—correctly, in my view— governments. which either a State or a Federal law- that positions taken as an advocate for a cli- ent do not necessarily reflect a nominees As a lawyer in private practice, he making prerogative must fall.’’ In his own judicial philosophy, a long history of has aggressively sought out cases to articles, he has stated that the fed- cases in which a nominee has repeatedly limit the power of Congress to enact eralism cases are a battle between the urge courts to engage in judicial activism laws protecting individual rights, and States and the Federal Government, may well be probative of the nominee’s own has been dismissive of congressional and ‘‘the national government’s gain in philosophy. findings and hearings supporting im- these types of cases invariably becomes With this nomination, we have Mr. portant Federal laws. He has sought to the State’s loss, and vice versa.’’ Sutton’s admissions in statements and weaken, among other laws, the Ameri- He also states that federalism is ‘‘a interviews and articles outside the cans with Disabilities Act, the Age Dis- neutral principle’’ that merely deter- courtroom that he believes strongly in crimination in Employment Act, the mines the allocation of power. This this ‘‘federalism stuff.’’ Violence Against Women Act, and the view of federalism is not only inac- Mr. Sutton is opposed by more than Religious Freedom Restoration Act. He curate but troubling. These cases are 400 disability and civil rights organiza- has also sought to limit the ability of not battles in which one law-making tions. They have concluded that his Medicaid recipients to enforce their power must fall, but in which both the ideological views and extremely nar- rights and the ability of individuals to State and the Federal government— row reading of the Constitution make enforce disparate impact regulations and the American people—may all win. it doubtful that he would be a fair and under title VI of the Civil Rights Act. Civil rights laws set Federal floors or balanced judge. The burden is on Mr. In essence, he has argued for the Su- minimum standards but States remain Sutton to show that he will protect in- preme Court to repudiate more than 25 free to enact their own more protective dividual rights and civil rights as a years of legal precedents that per- laws. Moreover, federalism is not a lifetime appointee to the Sixth Circuit mitted individuals to sue States when neutral principle as Mr. Sutton sug- Court of Appeals. This he has not done. they violate Federal civil rights regu- gests, but has been used by those crit- The oath taken by Federal judges af- lations. His extreme judicial philos- ical of the civil rights progress of the firms their commitment to ‘‘admin- ophy would undermine the rights of last several decades to limit the reach ister justice without respect to per- State workers, disabled individuals, of Federal laws. sons, and of equal right to the poor and women, children, racial and ethnic mi- Mr. Sutton tried to disassociate him- to the rich.’’ No one who enters a Fed- norities, and senior citizens. self from these views, by saying that he eral courtroom should have to wonder Mr. Sutton and his supporters have was constrained to argue the positions whether he or she will be fairly heard claimed that he was merely acting on that he argued on behalf of his clients. by the judge. Jeffrey Sutton’s record behalf of his clients in all these cases, As far as I know, no one forced Mr. does not show that he will put aside his but this claim is unconvincing. Mr. Sutton to write any article, and most years of passionate advocacy in favor Sutton had no obligation to participate lawyers are certainly more careful of States’ rights and against civil

VerDate Jan 31 2003 02:09 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.069 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5453 rights and his extreme positions lim- slowly being closed. Jeffrey Sutton is the reason one needs to vote against iting Congress’ authority to protect all one of the most significant reasons this nomination. Americans. Accordingly, I will not vote why. He has spent years fighting ag- We will have many more nominees, to confirm Mr. Sutton for appointment gressively to limit the legal protec- many conservative nominees. Most, if to one of the highest courts in the tions of individuals who experience dis- not all, of the nominees who will come land. crimination and restrict the authority before us today will be conservative, The PRESIDING OFFICER. The of Congress to protect those who are and many will have the same Fed- Democratic leader is recognized. most vulnerable to discrimination. eralist mentality and philosophical ap- Mr. DASCHLE. Mr. President, I will Mr. Sutton was the lead attorney in proach that Mr. Sutton represents; but use my time as leader to make a few the case of the University of Alabama they will not be the opponents of those comments regarding this nominee. v. Garrett. It has been discussed and who seek independence, freedom, and Mr. President, I first want to com- noted on several occasions, of course, equality as disabled people, as Mr. Sut- mend the distinguished Senator from in the debate, but it bears repeating. In ton has done throughout his public ca- Iowa for his extraordinary work on this that case, he fought to limit, incred- reer. nomination. I watched him prior to the ibly, the rights of a breast cancer sur- I urge my colleagues, let us not re- time we recessed a couple of weeks ago. vivor who was told by her employer, treat from the progress this country His passion, his eloquence, and the after she finished chemotherapy treat- has achieved. Let us reject this nomi- power of his words were ones that I ment, that she would have to quit, ac- nation and protect the hard-won legal wish the rest of the country could have cept a limited demotion, or be fired protections of America’s most vulner- heard. I have no doubt he would have solely because of her illness. He was able citizens. persuaded many had they heard him, as the lead attorney in Kimel v. Florida Our only hope in doing so would be to I did. He was back in the Chamber yes- Board of Regents. In that case, he ar- reject this nomination, to speak out as terday and again this morning. I thank gued aggressively to limit the rights of loudly and clearly as we can that ADA him for that commitment and his ex- Americans who experienced age dis- is as important today, if not more im- traordinary efforts to make sure that crimination. portant, than it was in 1990 when it people understand the consequences of In both of these cases, Mr. Sutton passed, thanks to the leadership of this decision and the great difficulty acted as a private attorney, which Senator HARKIN, the leadership of Sen- many of us have with this nomination. means he chose to represent his cli- ator Dole, the leadership of those who Let me also thank our distinguished ents. He didn’t have to take those cli- understood the importance of equality ranking member for all his work, both ents. No one forced him, saying, you for everyone, especially those disabled, in the committee and on the Senate have to go into court, regardless of those who sought that same freedom floor, again, in opposition to this nomi- your position, and you have to go make we take for granted today. nation. your defense, your arguments, as he I yield the floor. I have not seen the letter of Senator did before the Court. In both cases, he The PRESIDING OFFICER. Who Dole, and I don’t know that many of us argued aggressively that, despite clear- yields time? have had the opportunity to talk to ly discriminatory actions, national Mr. HATCH. Mr. President, I yield 5 Senator Dole about it, but I will say legal protections were not only unnec- minutes to the distinguished Senator this: Senator HARKIN and Senator Dole essary; they were unconstitutional. from Georgia. were both very directly and success- In other cases, Mr. Sutton has fought The PRESIDING OFFICER. The Sen- fully involved with the passage of the to limit the protections under the Vio- ator from Georgia. ADA some years ago. That legislation lence Against Women Act and to en- Mr. CHAMBLISS. Mr. President, I has been monumental in terms of the able States to restrict access to health rise today in strong support of the change it has meant for the rights of care for low-income children. He has nomination of Jeffrey Sutton to the the disabled. made a career of fighting to weaken Sixth Circuit Court of Appeals. I have The Americans with Disabilities Act protections for some of America’s most been sitting in my office today listen- passed in 1990. George Bush said at the vulnerable citizens—the sick, the el- ing to the debate on this nomination, time that ‘‘as a result of its passage, derly, the disabled, battered women, and I am really a little bit taken every man, woman, and child with a and poor children. I don’t know what aback, as I was in the Judiciary Com- disability can now pass through once ‘‘compassionate conservatism’’ is ex- mittee hearing when I heard the dis- closed doors into a bright new era of actly, but I surely know this is not it. cussion about Mr. Sutton and the oppo- equality, independence, and freedom.’’ I must say, Mr. President, we will be sition to Mr. Sutton. Those were the words of President casting a number of challenging and It is not as though Mr. Sutton is not Bush when he signed this extraor- difficult votes as we consider the judi- qualified to be a nominee to the Sixth dinary legislation. ciary. Already we have confirmed 18 Circuit. He is a gentleman who grad- But that legislation depends, of judges in this Congress. In the last uated first in his class from the Ohio course, on interpretation, and interpre- Congress, we confirmed 100. State University Law School. He is a tation depends upon the courts. What I am dismayed that this nominee is gentleman who has argued 12 cases be- happens at the district and circuit before us today, given his record, given fore the United States Supreme Court, court levels, not to mention the Su- the implications of that record for his winning nine of them and only losing preme Court level, profoundly affects future decisions as a judge on such an three. No Sixth Circuit judge currently the words and, obviously, more impor- important court. I am dismayed and serving has ever had as much Supreme tant, the effect of the act as it is concerned by its implications for all of Court experience before taking the viewed today, 13 years later. the vulnerable people of this country, bench. I must say that we are considering a all of those who have already sac- During the Supreme Court’s 2000–2001 nominee today, to a lifetime position rificed, all of those who have hoped and term, Mr. Sutton argued four cases and as a Federal judge, who has worked his dreamed that there could be a new day won four cases, the best win-loss record entire career to roll back the progress of freedom and independence for them- of any private lawyer in the country of the ADA. Over the past several selves as a result of the passage of this that year. years, the courts have consistently critical and monumental legislation On January 2, 2003, the American acted to weaken and limit the impor- just 13 years ago. I am dismayed that Lawyer named Mr. Sutton one of the 45 tant protections provided by the Amer- one person can be so effective in rolling best lawyers in America under the age icans with Disabilities Act, as well, I back those protections and eliminating of 45. They did not say one of the best might add, as the Age Discrimination their access in dealing with their inde- 45 conservative lawyers or federalist and Employment Act, the Civil Rights pendence in such a crass and unfortu- lawyers, but one of the best 45 lawyers Act, and the Violence Against Women nate way. Closing the door to those in America under the age of 45. He is an Act. people, after waiting decades for them eminently qualified man, and I am Those doors to a bright new era, as to reach this point of freedom and inde- really appalled by the objections I am President Bush once called them, are pendence in our country today, is all hearing.

VerDate Jan 31 2003 02:09 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.013 S29PT1 S5454 CONGRESSIONAL RECORD — SENATE April 29, 2003 The critics who are trying to put var- is an elected Democrat, and he is a Act. That is what we are trying to get ious labels on Mr. Sutton, such as anti- man for whom I have the utmost re- beyond. We are trying to get beyond Americans with Disabilities Act and spect and a man who has had an occa- segregation. anti-environment, based on positions sion to work with Jeffrey Sutton. He I spoke about my brother Frank that he has taken as an attorney advo- said it best when he told me Mr. Sut- when he was sent half way across the cate, really miss the whole point about ton would have a great judicial tem- State to the school for the deaf—seg- the American adversarial and judicial perament. So we have a nominee with regation because he was disabled. So, system. Lawyers routinely adopt posi- intellect, with experience, and with again, to have that mindset that some- tions on behalf of their client as an ad- temperament. We cannot ask for more how people have to be put in an insti- vocate, positions to which they person- than that in a judicial nominee, and tution, like the Olmstead case—fortu- ally might not subscribe, but that is yet his confirmation has been delayed nately, Mr. Sutton did not win that what makes our judicial system so because of partisan bickering. one, but if his view had prevailed, the great. It is the core of our legal system It is no wonder we are in a judicial two women in that case would still be that people are entitled to have attor- crisis with so many open judicial seats in an institution. Now they are living neys argue their cases for them. unfilled. It is no wonder we are stalled by themselves, out free to shop, free to If we start to walk down the road in moving forward on other judicial make their own meals, free to travel, where lawyers are accountable for any nominees. Jeffrey Sutton is a highly not being stuck in an institution. of the positions they take on behalf of qualified nominee for the appellate This vote we are about to have has their clients, then we might as well bench. Let us move forward. I strongly nothing to do with Jeffrey Sutton as a write off any criminal defense lawyer urge a vote to confirm Jeffrey Sutton person, but it has a lot to do with him as a potential judge and how he views for judicial appointments because they to the Sixth Circuit Court of Appeals. his role and how he views Congress’s routinely have to argue for some pret- I yield the floor. role. He said that the Americans with ty unsavory characters. Our legal sys- The PRESIDING OFFICER. The Sen- Disabilities Act was not needed. On Na- tem would not be as great as it is with- ator from Utah. tional Public Radio he said that, ‘‘dis- out these attorney advocates fighting Mr. HATCH. How much time remains ability discrimination in a constitu- for and advancing the rights of their on both sides? tional sense is really very difficult to clients. The PRESIDING OFFICER. Twenty show.’’ As an example of this mislabeling, it minutes on the Senator’s side and 5 Then, later on, Mr. Sutton said that is wrong to try to paint Jeffrey Sutton minutes on the other side. Mr. HATCH. I suggest the absence of in this context it is a zero sum game; as someone who works against the in- that if civil rights wins, the States terests of the disabled. In truth, he has a quorum. The PRESIDING OFFICER. The lose. actually worked as an advocate in It is not a zero sum game at all. Yes, cases where he represented disabled cli- clerk will call the roll. The legislative clerk proceeded to like my friend from Utah, I believe in ents in advancing their rights. This federalism. I believe in the Federal/ call the roll. man’s father ran a home for disabled State system on which our country is children where Jeffrey Sutton worked Mr. HATCH. Mr. President, I ask unanimous consent that the order for set up, on which our constitutional as a young man. Beverly Benson Long, framework is established. I think it is the quorum call be rescinded. who is the immediate past president of the best system ever devised on the the World Federation for Mental The PRESIDING OFFICER. Without objection, it is so ordered. face of the Earth. But I do not believe Health, which is among one of many in the kind of federalism that Mr. Sut- posts she has held, has said: The Senator from Iowa. Mr. HARKIN. Mr. President, a lot of ton espouses, that it is a zero sum No doubt that Mr. Sutton would rule fairly game; that if we expand civil rights in all cases, including those involving per- times these debates, especially when they involve a court nominee such as somehow a State loses, or that some- sons with disabilities. how Congress does not have the au- Mrs. Long described the lobbying Mr. Sutton, tend to get personal, and they should not. I hope no one here in- thority, constitutionally, to address against Mr. Sutton by advocates of the the kinds of social ills and social terprets anything I have said as being disabled as unfortunate and misguided: wrongs perpetrated so long in our any kind of personal thing against Mr. In my own opinion, it is not only unfortu- country on minorities and on people Sutton. nate and misguided, it is just plain wrong. with disabilities. That is why 400 civil I said at the beginning I found him to rights groups have come out opposed to There was also a quote in the Cleve- be a pleasant, intellectual individual land Plain Dealer, which is really Mr. Sutton. with whom I spent an hour and a half. We here in the Congress did our job. somewhat of an independent-thinking I do not know him personally, of newspaper in our great country. An We worked long and hard over many, course. That is not the point. It is just many years, Republicans and Demo- editorial which ran on June 17, 2001, like my good friend from Utah, Senator compared Sutton to John Adams, who crats, to pass the Americans with Dis- HATCH. Senator HATCH was very helpful abilities Act. Mr. Sutton says that dis- represented the British troops accused when we passed the Americans with of perpetrating the Boston Massacre. crimination against people with dis- Disabilities Act. I have told him that abilities is very difficult to show. Is The Plain Dealer said: many times. He happens to be a good It is the duty of a lawyer to represent to that the mindset we want on the Fed- friend of mine on a whole host of issues eral bench? I ask my fellow Senators, the best of his ability the interests of his cli- on which we have worked together. I ents. That, the record shows, Sutton has send a strong message that we are done throughout his career. have no doubt that perhaps Mr. Sutton going to stand behind the Americans A good judge, doing his job, will have but has compassion toward people with dis- with Disabilities Act, that we are not one abiding friend—the law he has sworn to abilities, but that also raises a problem going to let it be chiseled away by a uphold. Sutton’s ability to honor that friend- with me. Federal judge such as Mr. Sutton. I ask ship should be the criterion of his consider- It has been said many times Mr. for a ‘‘no’’ vote to send that message. ation. Sutton’s father had a school for kids Mr. President, I ask unanimous con- In summary, one cannot deny Mr. with cerebral palsy. When Mr. Sutton sent to have printed the RECORD a list Sutton has the intellectual abilities we was in my office, I asked him if that of letters the Committee has received need in our appellate judges. Moreover, was a segregated school and he said, in opposition to the confirmation of he has tremendous experience, arguing no, it was not. But he thought I meant Jeffrey Sutton to the Sixth Circuit before the State and Federal Courts of male and female. What it was, was kids Court of Appeals, and three of these Appeal as well as before the United with cerebral palsy only went to this letters which come from large coali- States Supreme Court. school. Well, I commend Mr. Sutton’s tions of civil rights, women’s rights Finally, he has another quality we father for his compassion, for having a and disability rights organizations. need in our appellate judges. The At- school for kids with cerebral palsy, but First, a letter from the Leadership torney General of my home State, who that is what we are trying to get over Conference on Civil Rights and the Al- is a dear friend of mine, is a man who with the Americans with Disabilities liance for Justice, dated April 28, 2003.

VerDate Jan 31 2003 02:09 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.028 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5455 Second, a letter from 25 women’s Chapter of TASH, National Association for ment; Joan Kazan, Immediate Past Presi- groups, dated April 28, 2003. the Advancement of Colored People dent, National Council of Jewish Women, Third, a letter from ADA WATCH, a (NAACP), National Association for Rights Cincinnati Section; Susan Levine, President, coalition of disability rights organiza- Protection and Advocacy, National Associa- National Council of Jewish Women, Cleve- tion of the Deaf, National Council of Jewish land Section; Cathy Stone, President, Na- tions, dated May 14, 2003. Women, National Disabled Students Union, tional Council of Jewish Women, Columbus There being no objection, the mate- National Employment Lawyers’ Association, Section; William Burga, President, Ohio rial was ordered to be printed in the National Organization for Women, New York AFL–CIO; Ronald Malone, Director, Ohio RECORD, as follows: State Independent Living Council, Inc., New AFSCME United; Sandy Buchanan, Ohio Cit- OPPOSITION TO JEFFREY SUTTON, NOMINEE TO York Society for the Deaf, Northern Re- izen Action; Fred Gittes, Ohio Employment THE UNITED STATES COURT OF APPEALS FOR gional Center for Independent Living, Ocean Lawyers Association; Diane Doge, Ohio Na- THE SIXTH CIRCUIT State Center for Independent Living, Options tional Organization for Women; William Olubodun, Ohio Statewide Independent Liv- PUBLIC INTEREST GROUPS for Independence, Inc., Oregon Disabilities ing Council; Jonathan Varner, President, Ability Center of Defiance also signed by: Commission, Pennsylvania Council of the Blind, Progress Center for Independent Liv- Ohio Young Democrats; Belinda Spinosi, Di- Courage Incorporated, Independent Living rector, Southeastern Ohio Center for Inde- Center of North Central Ohio, Ability Center ing, Queens Independent Living Center, Inc., Regional Access & Mobilization Project, pendent Living; NARAL Ohio letter signed of Greater Toledo, Access II Independent by 279 individuals. Living Center, Access to Independence of Inc., River Falls Access Ability Center, Ruben Center for Independent Living, Serv- Courtland County, Inc., Access Living, Advo- LEADERSHIP CONFERENCE ON CIVIL cates for Ohioans with Disabilities, ADA ice Employees International Union, Sierra Club, Southern Maryland Council of the RIGHTS, ALLIANCE FOR JUSTICE, WATCH, AIDS Action, Alliance for Disabled Washington, DC, April 28, 2003. in Action, American Association of People Blind, Statewide Parent Advocacy Network, Inc., United Auto Workers, United Food and Hon. BILL FRIST, with Disabilities, American Association of Majority Leader, U.S. Senate, Washington, DC. University Women, American Council of the Commercial Workers International Union, Utah Statewide Independent Living Council, Hon. TOM DASCHLE, Blind, American Council of the Blind of Minority Leader, U.S. Senate, Washington, DC. Maryland, American Council of the Blind of Vermont Statewide Independent Living Council, Western Law Center for Disability DEAR SENATORS FRIST AND DASCHLE: We, South Carolina, AFL–CIO, American Federa- the undersigned civil rights, women’s rights, tion of State, County and Municipal Employ- Rights. Women’s Rights Organizations letter labor, and human rights organizations, to- ees (AFSCME), Americans for Democratic signed by: American Association of Univer- gether representing millions of Americans Action, Arizona Bridge to Independent Liv- sity Women, Business and Professional across the United States, write to express ing, Brain Injury Association of Tennessee, Women/USA, Center for Women Policy Stud- our opposition to the confirmation of Jeffrey Capitol District Center for Independence, ies, Choice USA, Coalition of Labor Union Sutton to the United States Court of Appeals Inc., Center for Civil Justice, Center for Women, Equity in Education and Employ- for the Sixth Circuit. Mr. Sutton’s record as Independent Living Options, Center for Inde- ment, Feminist Majority, GenderWatchers, a lawyer and advocate reveals him to be an pendence of the Disabled in New York, Inc., extremely ideological and conservative ac- Ms. Foundation for Women, National Council Cerebral Palsy Association of Ohio, Cerebral tivist with a particularly troubling record in of Jewish Women, National Network to End Palsy Association of New Jersey. many areas important to our communities. Civil Rights coalition letter signed by: Domestic Violence, National Partnership for We have serious concerns about Mr. ADA Watch/National Coalition for Disability Women & Families, National Women’s Law Sutton’s legal philosophy in a number of Rights, AFL–CIO, Alliance for Justice, Center, National Organization for Women, areas, particularly his views on Congress’ au- American Association of University Women, NOW Legal Defense and Education Fund, Na- thority to enact laws protecting civil and Feminist Majority, Leadership Conference tional Partnership for Women & Families, other individual rights. Mr. Sutton has be- on Civil Rights, MoveOn.org, NAACP, National Women’s Conference, National come, over the last several years, a leading NAACP Legal Defense and Education Fund, Women’s Law Center, Northwest Women’s activist in the so-called ‘‘states’ rights’’ National Council of Jewish Women, National Law Center, Religious Coalition for Repro- movement. In fact, he has personally argued Fair Housing Alliance, National Partnership ductive Choice, Wisconsin Coalition Against key Supreme Court cases that, by narrow 5– for Women and Families, National Women’s Sexual Assault, Women Against Abuse, Inc., 4 majorities, have undermined Congress’ Law Center, People for the American Way, Women’s Caucus for Political Science, ability to protect Americans against dis- United Auto Workers, Coalition for Inde- Women Employed, Women Empowered crimination based on race, age, gender, dis- pendent Living Options, Inc., Council for Against Violence, Inc., Women’s Institute for ability, and religion. Mr. Sutton’s arguments Disability Rights, Deaf and Hard of Hearing Freedom of the Press, Women’s Sports Foun- in several of these cases sought to restrict Consumer Advocacy Network, Eastern Para- dation, Young Democrats of America Dis- civil rights and environmental protections lyzed Veterans Association. ability Issues Caucus. even more severely than has the Supreme Environmental coalition letter signed by: ATTORNEYS Court. Also, Mr. Sutton was not just making Clean Water Action, Community Rights Susan Barnhill, Sacramento, CA; a strong case on behalf of his client; he ac- Counsel, Defenders of Wildlife, Earthjustice, Margarette Berg Cashin, Staten Island, NY; tively sought out these cases in order to ex- Endangered Species Coalition, Friends of the Richard Chudner, Cleveland, OH; Kathryn pand states’ rights doctrines. As he told the Earth, Natural Resources Defense Council, Engdahl, Minneapolis, MN; Frederick Ford, Legal Times, ‘‘I love these issues. I really be- Oceana, Physicians for Social Responsi- West Palm Beach, FL; Nancy Grim, Kent, lieve in this federalism stuff.’’ bility, Sierra Club, The Wilderness Society, OH; Caryn Groedel, Cleveland, OH; Harriet Mr. Sutton’s work on behalf of limiting Everybody Counts Center for Independent McBryde Johnson, Charleston, SC; Theodore Congress’ power to enact protective legisla- Living, Freedom Center, Inc., Gender Justice Meckler, city and state unknown; Dahlia tion has had a devastating impact on the Action Group, Harrison County Sheltered Rudasky, Boston, MA. rights of individuals with disabilities. Over Workshop, Inc., Heightened Independence & Also signed by: Ellen Messing; James the past several years, Mr. Sutton has been Progress, Human Rights Campaign, Inde- Weliky; Jeremy Cattani; Shawn Scharf, involved in an effort to challenge and weak- pendent Living Center of the Hudson Valley. Youngstown, OH; Judity Schermer, Min- en the Americans with Disabilities Act Justice for All Project signed by: Cali- neapolis, MN; David Steiner, Cleveland, OH; (ADA), a popular and important bill enacted fornia Abortion and Reproductive Rights Ac- Richard Treanor, Washington, DC; Brian by a bipartisan Congress and signed into law tion League, California Employment Law- Williams, Akron, OH; Jeffrey Neil Young, by President George H.W. Bush. Mr. Sutton yers Association, Committee for Judicial Topsham, ME. represented the University of Alabama in the Independence, Democrats.com, Environ- PROFESSORS case of University of Alabama v. Garrett, 531 mental Law Foundation, National Center for U.S. 456 (2001), in which the Court ruled 5–4 Douglas Laycock, University of Texas at Lesbian Rights, California National Organi- that it was unconstitutional for the ADA to Austin School of Law, Austin, TX; American zation for Women, Planned Parenthood Los permit state employees to bring lawsuits for Law Teachers, signed by Michael Rooke-Ley, Angeles County, Progressive Jewish Alli- damages to protect their rights against dis- Emeritus Professor of Law and Paula John- ance, Stonewall Democratic Club, Unitarian crimination. In fact, Mr. Sutton’s arguments son, Professor of Law; Rebecca Zietlow, Uni- Universalists Project Freedom of Religion, went even further than the Court’s decision. versity of Toledo College of Law. Western Law Center for Disability Rights, During oral argument, Mr. Sutton told the Women’s Reproductive Rights Assistance CITIZEN GROUPS Court that the ADA was ‘‘not needed.’’ In an- Project, Leadership Conference on Civil Concerned Citizens of Ohio letter signed other case, Olmstead v. L.C., 527 U.S. 581 Rights, Liberty Resources Inc. (the Center by: Tim Harrington, Director and Sue (1999), Mr. Sutton argued that it should not for Independent Living in Philadelphia Coun- Hetrick, Ability Center for Greater Toledo; be a violation of the ADA to force persons ty), Linking Employment, Abilities & Poten- Roy Poston, Director, Access Center for with mental disabilities to remain institu- tial, Mental Health Association in Independent Living (Dayton); Patrick Shep- tionalized without proper justification, de- Monongalia County, Michigan Centers for herd, President, Cleveland Stonewall Demo- spite clear congressional findings to the con- Independent Living, Michigan Develop- crats; Bev Rackett, Director, Mid-Ohio trary. In a third case, Pennsylvania Depart- mental Disabilities Council, Mid Atlantic Board for an Independent Living Environ- ment of Corrections v. Yeskey, 524 U.S. 206

VerDate Jan 31 2003 02:09 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.071 S29PT1 S5456 CONGRESSIONAL RECORD — SENATE April 29, 2003 (1998), Mr. Sutton filed an amicus brief argu- favor of states’ rights and elevating state Congress’ power to pass civil rights laws and ing that the ADA does not apply at all to sovereignty over Congress’ power to protect the abilities of individuals to seek redress state prison systems. The Supreme Court re- civil rights. As organizations dedicated to for violations of those rights, as well as in- jected Mr. Sutton’s arguments in Olmstead the advancement of women, we are ex- hibit access to courts for people challenging and Yeskey, which would have further weak- tremely concerned about the growing resur- illegal acts by their state governments. ened the ADA had they been accepted. gence of states’ rights, particularly as a tool These views are contrary to the balanced ap- Mr. Sutton has also argued for a narrow to undermine rights essential to women’s proach we believe is necessary for a federal view of Congress’ ability to protect the envi- progress. Jeffrey Sutton is not merely a pro- appeals court judge. ronment or to provide a means for individ- ponent of state’s rights—he has been the Because we believe Mr. Sutton’s confirma- uals to vindicate their rights. In Alexander principal architect of an effort to curtail tion would accelerate the rollback of essen- v. Sandoval, 532 U.S. 275 (2001), he argued Congress’ efforts to protect against discrimi- tial civil rights laws and undermine impor- against allowing private individuals to sue nation and ensure equal opportunity. Indeed, tant gains for women, we urge you to oppose to enforce the disparate impact regulations his persistent, single-minded advocacy is re- his nomination. of Title VI of the 1964 Civil rights Act, which flected not only in his case participation, but Sincerely, prohibits discrimination based on race, also in his speeches and writings. His con- American Association of University color, or national origin, by recipients of fed- firmation to a lifetime position on the fed- Women. eral financial assistance. He has also argued eral bench threatens to dismantle the impor- Business and Professional Women/USA. for severe limits on the ability of state em- tant gains that have been critical to wom- Center for Women Policy Studies. ployees who are victims of age discrimina- en’s success and we urge you to reject his Choice USA. tion to recover damages, against increased nomination. Coalition of Labor Union Women. protection for religious freedom from en- Jeffrey Sutton has argued before the Su- Equity in Education and Employment. Feminist Majority. preme Court in a number of seminal civil croachment by states, and against a federal Gender Watchers. remedy for victims of sexual assault and vio- rights cases that have weakened the ability Ms. Foundation for Women. lence, positions adopted by the 5–4 Supreme of Congress to protect women’s rights. For National Council of Jewish Women. Court majority. He also argued that Con- example: National Network to End Domestic Vio- gress did not have the Constitutional author- Mr. Sutton represented Alabama as amicus lence. ity to enact legislation protecting environ- curiae in United States v. Morrison, 529 U.S. National Organization for Women. mentally sensitive wetlands from harmful 598 (2000), and argued successfully that the NOW Legal Defense and Education Fund. dumping. civil rights remedy of the Violence Against National Partnership for Women & Fami- In addition, Mr. Sutton has advocated for Women Act (VAWA) was unconstitutional. lies. other specific steps by the courts to limit Congress passed VAWA after hearing wide- National Women’s Conference. federal civil rights protections. In an article ranging testimony that states were not ade- National Women’s Law Center. for the Federalist Society, Mr. Sutton quately protecting women from violence mo- Northwest Women’s Law Center. praised a concurring opinion by Justices tivated by gender. Despite substantial evi- Religious Coalition for Reproductive Thomas and Scalia in Holder v. Hall, 512 U.S. dence gathered by Congress and the views of Choice. Wisconsin Coalition Against Sexual As- 874 (1994), which would have severely re- attorneys general from 36 states, Sutton sault. argue that ‘‘there has been no tenable show- stricted the application of Section 2 of the Women Against Abuse, Inc. Voting Rights Act (prohibiting state and ing that the [s]tates have violated the Four- Women’s Caucus for Political Science. local conduct that has a racially discrimina- teenth Amendment through their regulation Women Employed. tory purpose or effect), and would have re- of gender-based violence.’’ He not only vol- Women Empowered Against Violence, Inc. quired overturning or reconsidering at least unteered to write this brief, but also wrote Women’s Institute for Freedom of the twenty-eight previous Supreme Court voting two subsequent articles for the Federalist Press. rights decisions. Mr. Sutton has even sug- Society which supported the Court’s decision Women’s Sports Foundation. gested that the Thomas-Scalia concurrence and its rationale. provided a blueprint for broadly reconsid- Mr. Sutton played a significant role in ADA WATCH, ering and overturning court decisions that weakening the Civil Rights Act of 1964, argu- Washington, DC, May 14, 2001. right-wing advocates do not like in civil ing in Alexander v. Sandoval, 532 U.S. 275 Hon. PATRICK LEAHY, rights and other areas. (2001), that citizens could not sue under Title U.S. Senate, Washington, DC. In sum, based on his record as a lawyer and VI to challenge federally funded programs DEAR SENATOR LEAHY: President Bush’s legal advocate, it is clear that Mr. Sutton’s that had the effect of discriminating on the nomination of Jeffrey Sutton for federal legal philosophy is focused on limiting Con- basis of race, color, or national origin. This judgeship is of great concern to members of gress’ historic role in protecting the civil case has had a serious impact not only on the disability community and it is our hope and constitutional rights of all Americans. Title VI cases, but also on the implementa- that you will be willing to meet with rep- Jeffrey Sutton’s advocacy on many issues tion of Title IX, which prohibits gender dis- resentatives of the ADA WATCH to discuss important to our communities, such as the crimination in federally funded education our opposition. reach of federal civil rights and environ- programs or activities. Because Title IX was The ADA WATCH is a campaign to protect mental statutes, federalism, the right to modeled on Title VI, many courts have ap- the civil rights of people with disabilities. vote, and the ability of individuals to vindi- plied principles established under Title VI to This includes an informational network de- cate their rights, reflect views that are out- Title IX cases. Already, at least four courts signed to alert and activate the grassroots to side the mainstream of judicial thought. have found that Title IX retaliation claims respond to threats to the ADA from Con- Therefore, given Mr. Sutton’s record of were not actionable in the wake of the gress, the Administration, and the courts. hostility to important civil rights and equal Sandoval decision. While further action in Our 100+ member organizations include: opportunity principles, we urge the Senate these cases is possible, these decisions illus- ADAPT, National Council on Independent to reject his nomination to the U.S. Court of trate the potential harm posed by Sandoval Living, American Association of People with Appeals for the Sixth Circuit. in cases challenging gender discrimination Disabilities, Consortium for Citizens with Sincerely, in education. Disabilities, Paralyzed Veterans of America, WADE HENDERSON, Mr. Sutton represented the state of Ala- and the National Association of Protection Leadership Conference on Civil Rights. bama in Board of Trustees of the University and Advocacy Systems. While the ADA NAN ARON, of Alabama v. Garrett, 531 U.S. 356 (2001), ad- WATCH does not speak for any of these indi- Alliance for Justice. vancing a state’s rights argument that ulti- vidual organizations, we are currently mak- mately led the Supreme Court to dismiss the ing the judicial nomination of Jeffrey Sut- APRIL 28, 2003. claim of a woman who was fired because she ton a top priority and a great majority of Hon. WILLIAM H. FRIST, had breast cancer and to further undermine our partners are united in opposing this U.S. Senate, the Americans with Disabilities Act. Despite nomination in light of Mr. Sutton’s out- Russell Senate Office Building, evidence that Congress had mounted to show spoken disregard for the civil rights of peo- Washington, DC. that states had a history of discrimination ple with disabilities. The nomination of a Hon. THOMAS DASCHLE, in their treatment of citizens with disabil- lawyer who has enthusiastically argued U.S. Senate, ities, Sutton argued to the contrary, and against the constitutionality of the ADA is Hart Senate Office Building, urged the Court to find that Congress had ex- hardly consistent with the Bush Administra- Washington, DC. ceeded its power under the Fourteenth tion’s stated support of the ADA and the leg- DEAR SENATORS FRIST AND DASCHLE: We, Amendment. These same legal arguments acy of the man who signed the ADA into law, the undersigned women’s rights organiza- are now being used to challenge the Family President George H.W. Bush. tions, write to express our strong opposition and Medical Leave Act, another law that is Mr. Sutton has made it clear that he is not to the nomination of Jeffrey Sutton to the critical to the ability of women and men to supportive of the rights granted to people United States Court of Appeals for the Sixth balance their work and family responsibil- with disabilities by Congress through the Circuit. Jeffrey Sutton is an experienced Su- ities. passage of the ADA. Despite extensive docu- preme Court litigator who has gained promi- Mr. Sutton’s unyielding and extreme views mentation of state government discrimina- nence because of his staunch advocacy in on federalism and civil rights would restrict tion against people with disabilities, Mr.

VerDate Jan 31 2003 02:09 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.073 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5457 Sutton enthusiastically supported the posi- ments they have made, and especially ican Bar Association. He is an excel- tion that Congress did not have the author- in the letter they distributed to all lent lawyer. He is an excellent advo- ity to create the important civil rights pro- Senators. cate. He is a person whom I believe will tections afforded by the ADA. Mr. Sutton The record flies in the face of those do justice on the courts. By all meas- told the Supreme Court last fall when he ar- allegations. The fact is, I believe Jef- gued the Garrett case for Alabama that the urement by any fair person, any stu- ADA ‘‘exaggerated discrimination problems frey Sutton will be one of the most sen- dent of the law, you would have to con- by states.’’ He told the court that the ADA sitive people towards persons with dis- clude that this man not only is within was ‘‘not needed’’ and used similar argu- abilities because he comes from that the mainstream of American juris pru- ments to weaken civil rights laws in the mindset. His father ran a school for dence, but he is one of the leaders in Kimel and Sandoval cases. His belief that persons with disabilities, kids who suf- the mainstream of American juris pru- laws of the various states provide adequate fered from cerebral palsy. He worked dence. protections ignores the hundreds of pages of for his father. He has argued for per- For the life of me, I don’t understand testimony before Congress that detailed the sons with disabilities and he has ar- why anybody would vote against Jef- discrimination faced by people with disabil- gued in cases where the Court decided ities across the country at the hands of state frey Sutton. The mere fact that he may government agencies. against the Americans with Disabil- have represented some clients who Please understand the ADA WATCH’s re- ities Act. But the Court made that de- they don’t like, they on the other side, spectful opposition to this nomination and cision. that is not a good enough argument. In our concern that the nomination of Mr. Sut- Is the Court outside the mainstream fact, it is laughable. Good lawyers rep- ton represents a serious threat to the civil of American juris prudence? I am sure resent their clients. rights of people with disabilities. each of us in this body can find a case In the Garrett case, contrary to what Sincerely, or two in which we disagree with the JIM WARD. has been argued, he didn’t ask for that Supreme Court. I can find a lot of cases case. He was called by the attorney The PRESIDING OFFICER. The time with which I disagree. But their pro- general of the State involved and asked of the Senator has expired. nouncements happen to be the law and if he would be willing to represent Who yields time? The Senator from that has been the law ever since them, if I recall correctly. Utah. Marbury v. Madison. So the arguments that have been Mr. HATCH. Mr. President, I will All I can say is that here is a person made—I haven’t heard one meritorious only take a few minutes and then I in- who is respected by his peers, who re- argument on this whole debate. If you tend to yield back the remainder of our ceives the highest rating from the look at the record, there is every meri- time, as long as no one else wants to American Bar Association—not a con- torious argument as to why those who speak. servative organization, something that really understand the law, those who I appreciate the distinguished Sen- has been called the gold standard by really are fair about this process, ator from Iowa. I would have yielded my colleagues on the other side—who would vote for Jeffrey Sutton. time to him, had he needed time, with- has eminent experience before the U.S. Mr. President, if there is no one else out the extra 10 minutes that were Supreme Court and other appellate who wants to speak, then I yield the asked for. bodies in this country, one of the pre- remainder of my time. It seems to me the arguments on the mier appellate lawyers in the country, Mr. President, I ask for the yeas and other side come down to this. Mr. Sut- even though he is only 45 years of age, nays. ton is outside the mainstream of Amer- who has had extensive experience as an The PRESIDING OFFICER (Mr. SES- ican jurisprudence, that he advocated advocate for a wide variety of diverse SIONS). Is there a sufficient second? cases that literally the Supreme Court people, who appeared before the com- There is a sufficient second. agreed with, that they disagree with, mittee and everybody on the com- The question is, Will the Senate ad- maybe I disagree with, but the Su- mittee, even those who are against him vise and consent to the nomination of preme Court did decide in at least two here today, admit he is a fine person Jeffrey S. Sutton, of Ohio, to be United of those cases, nine to zip, in favor of with great ability. States Circuit Judge for the Sixth Cir- Mr. Sutton’s position. That is basically But they try to smear the Federalist cuit? what it seems to come down to. Society by saying these are Federalist The clerk will call the roll. The fact is, Mr. Sutton, as an advo- Society nominees. That is a joke. The The assistant legislative clerk called cate, has an obligation to argue the Federalist Society puts on the best seminars of any legal society in Amer- the roll. best he can for his clients. He did that, ica today, and those seminars are al- Mr. MCCONNELL. I announce that winning 9 of the 12 cases that he had ways balanced with the left and the the Senator from Kansas (Mr. ROB- before the Supreme Court, and a num- right. They give the left every chance ERTS) is necessarily absent. ber of them unanimously—that they to explain their position and give the Mr. REID. I announce that the Sen- have been complaining about. In the right every chance to explain their po- ator from Florida (Mr. GRAHAM), the Garrett case, he got five Justices on sition. That is precisely what a good Senator from Massachusetts (Mr. the Supreme Court, a clear majority, legal society should do. They do not KERRY), the Senator from Connecticut to go along with his particular posi- take advocacy positions but they do (Mr. LIEBERMAN), the Senator from Ar- tion. try to get people to think about the kansas (Mrs. LINCOLN), the Senator I have read the letter from some of law. from Georgia (Mr. MILLER), and the my colleagues on the Judiciary Com- I get a little tired of having the Fed- Senator from Maryland (Mr. SARBANES) mittee that indicated he has never ad- eralist Society run down when some of are necessarily absent. vocated for a civil rights position. That the most eminent people in society are I further announce that, if present is pure bunk, and I have made that members of the Federalist Society, and voting, the Senator from Maine case here today. which is basically a debating society (Mr. KERRY) and the Senator from Ari- What is behind this type of treat- considering the various aspects of the zona (Mrs. LINCOLN) would each vote ment of an excellent nominee such as law and making sure both sides are ‘‘no’’. Jeffrey Sutton? I can understand the heard. That is pretty hard to beat. The result was announced—yeas 52, distinguished Senator from Iowa who is I hope I am wrong, that the real rea- nays 41, as follows: a very strong advocate for persons with sons against Mr. Sutton is, No. 1, he is [Rollcall Vote No. 135 Ex.] disabilities, as am I, who may not have so good; No. 2, he has a chance of being YEAS—52 read the full judicial record and who on the Supreme Court someday and may not, as a nonlawyer, fully appre- why not damage him now so he can’t Alexander Chafee Dole Allard Chambliss Domenici ciate the role of an advocate. But it is be there; No. 3, he might be pro-life, al- Allen Cochran Ensign very difficult for me to understand how though I personally don’t know what Bennett Coleman Enzi members of the Judiciary Committee he is with regard to that issue. Those Bond Collins Feinstein who are advocates themselves, who Brownback Cornyn Fitzgerald seem to be the major issues. Bunning Craig Frist hold their attorney’s licenses in good The fact is, he has the highest rating Burns Crapo Graham (SC) esteem, can make some of the argu- he can possibly have from the Amer- Campbell DeWine Grassley

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.075 S29PT1 S5458 CONGRESSIONAL RECORD — SENATE April 29, 2003 Gregg McConnell Specter The PRESIDING OFFICER. Without up to each Senator to decide for him- Hagel Murkowski Stevens objection, it is so ordered. The clerk self or herself by holding a simple up- Hatch Nelson (NE) Sununu Hutchison Nickles Talent will report. or-down vote. Inhofe Santorum Thomas The assistant legislative clerk read Let me now explain why I intend to Kyl Sessions Voinovich the nomination of Priscilla Richmond vote yes on Justice Owen’s nomination. Lott Shelby Warner Justice Owen is a terrific selection Lugar Smith Owen, of Texas, to be United States McCain Snowe Circuit Judge for the Fifth Circuit. for the Fifth Circuit Court of Appeals. The PRESIDING OFFICER. Without She has the intelligence, the education, NAYS—41 objection, the Senator will proceed. the experience, and the integrity we Akaka Dayton Lautenberg Mr. HATCH. Mr. President, I am look for in a federal judge. A native of Baucus Dodd Leahy Bayh Dorgan Levin pleased today to voice my strong sup- Texas, Justice Owen attended Baylor Biden Durbin Mikulski port for the confirmation of Justice University and Baylor University Bingaman Edwards Murray Priscilla Owen to the Fifth Circuit School of Law. She graduated cum Boxer Feingold Nelson (FL) laude from both institutions and served Breaux Harkin Court of Appeals. Justice Owen’s nomi- Pryor as a member of Baylor’s law review. In Byrd Hollings Reed nation has been pending now for nearly Cantwell Inouye Reid 2 years—720 days in total, so I hope we addition, she finished third in her law Carper Jeffords Rockefeller can vote on it soon. Justice Owen is school class, which means that she is Clinton Johnson Schumer Conrad Kennedy among the longest pending judicial worthy of the appointment, something Corzine Kohl Stabenow nominees selected by President Bush. most lawyers can never dream about. Wyden Daschle Landrieu She was first nominated on May 9, 2001, Justice Owen went on to earn the NOT VOTING—7 so it is natural that we should move highest score on the Texas bar exam and thereafter accepted a position at Graham (FL) Lincoln Sarbanes forward at this time. Kerry Miller I should say at the outset that I truly the nationally ranked Houston law Lieberman Roberts hope the news reports are inaccurate firm of Andrews & Kurth. She worked The nomination was confirmed. about another move by the other side for the next 17 years as a commercial ∑ Mrs. LINCOLN. Mr. President, due to to filibuster a well-qualified nominee litigator with the firm, specializing in an electronic failure, I was absent dur- and deny a vote by the full Senate. We oil and gas matters and doing some ing the vote on the confirmation of Jef- know the usual liberal interest groups work in securities and railroad issues. Justice Owen has the full support of frey Sutton to be a United States Cir- are crying for a filibuster, but we Senators HUTCHISON and CORNYN—both cuit Judge for the Sixth Circuit Court ought to do what the American people Senators from Texas—who know her of Appeals. Had I been present, I would have sent us here to do, and vote. well. Senator CORNYN has spoken in have voted ‘‘no’’ on his confirmation. I expressed a similar hope when committee and on the Senate floor After reviewing Mr. Sutton’s record, I Miguel Estrada’s nomination reached about his time working as a fellow Jus- was not confident he could fulfill his the floor on February 5. Yet here we tice to Justice Owen on the Texas Su- obligation as a Federal appellate court are 3 months and 4 cloture votes later preme Court. Senator CORNYN has spo- judge to follow established precedent, and still he has not been allowed a ken to the criticism of Justice Owen’s interpret the law and Constitution fair- vote. work on the bench and has made a ly, and treat all litigants before him We have 200 years of precedent for strong case for Justice Owen’s con- without favor or bias. In my esti- providing an up-or-down vote on judi- firmation. I would commend Senator mation, Mr. Sutton’s proactive and cial nominees and we should follow CORNYN’s remarks regarding Justice consistent advocacy to limit Federal that. Owen as worthy of the special atten- civil rights protections is incompatible If certain Senators do not like Pris- tion of all my fellow Senators. Senator with the temperament and detachment cilla Owen or Miguel Estrada, they CORNYN’s responses to criticisms of I look for in nominees being considered ought to vote no. That is their right. Justice Owen’s judicial record are espe- for a lifetime appointment.∑ But they ought to vote. I fully support an open debate on cially enlightening. f Justice Owen’s nomination. And we Former Texas Supreme Court Jus- RECESS have had a number of debates already. tices John L. Hill, Jack Hightower, and The PRESIDING OFFICER. Under I do not, however, support any fili- Raul Gonzalez—each of them a com- the previous order, the hour of 12:30 buster on a circuit court nominee, or mitted Democrat—also endorse Justice p.m. having passed, the Senate will any judge for that matter, or, frankly, Owen. In particular, they note her im- stand in recess until the hour of 2:15 anybody on the Executive Calendar. I partiality and restraint on the bench. p.m. think in the past some of us voted A group of 15 former Presidents of the Thereupon, the Senate, at 12:43 p.m., against cloture on Executive Calendar Texas State Bar supports Justice recessed until 2:16 p.m. and reassem- nominees without realizing how impor- Owen. This is no partisan group. They bled when called to order by the Pre- tant it is to not filibuster the Presi- write: ‘‘Although we profess different party affiliations and span the spec- siding Officer (Mr. VOINOVICH). dent’s nominees, whoever the President Mr. REED. I suggest the absence of a might be. I believe we have made those trum of views of legal and policy quorum. mistakes. And I believe I probably issues, we stand united in affirming The PRESIDING OFFICER. The have. It is the wrong thing. But nobody that Justice Owen is a truly unique and clerk will call the roll. has ever filibustered a circuit court of outstanding candidate for appointment The assistant legislative clerk pro- appeals nominee until Miguel Estrada. to the Fifth Circuit.’’ I ask unanimous consent that a copy ceeded to call the roll. If they filibuster Priscilla Owen, that means two in 1 year in a procedure of this letter be printed in the RECORD. Mr. HATCH. Mr. President, I ask There being no objection, the mate- that has never before been used. unanimous consent the order for the rial was ordered to be printed in the quorum call be rescinded. I fully support an open debate on RECORD, as follows: Justice Owen’s nomination. Like I say, The PRESIDING OFFICER. Without HUGHES LUCE LLP, objection, it is so ordered. we should not suffer through another Dallas, TX, July 15, 2002. f filibuster. My colleagues on the other Hon. PATRICK LEAHY, side of the aisle have already set a ter- Chairman, Committee on the Judiciary, 224 Rus- NOMINATION OF PRISCILLA OWEN rible partisan precedent in filibus- sell Senate Office Building, Washington, TO BE UNITED STATES CIRCUIT tering for the first time in history a DC. JUDGE FOR THE FIFTH CIRCUIT circuit court nominee, Miguel Estrada. DEAR CHAIRMAN LEAHY: As past presidents Mr. HATCH. Mr. President, I ask A simultaneous filibuster of two nomi- of the State Bar of Texas. we join in this let- ter to strongly recommend an affirmative unanimous consent the Senate now re- nees would not only be unpredecented, vote by the Judiciary Committee and con- sume consideration of the nomination but I think it would damage all three firmation by the full Senate for Justice Pris- of Priscilla Owen to be United States institutions even more. Let us have a cilla Owen, nominee to the United States Circuit Judge for the Fifth Circuit. full and open debate and then leave it Court of Appeals for the Fifth Circuit.

VerDate Jan 31 2003 03:54 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.010 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5459 Although we profess different party, affili- those who are disadvantaged and un- Supreme Court Gender Neutral Task ations and span the spectrum of views of able to pay for such legal services. It is Force, and she served as one of the edi- legal and policy issues, we stand united in af- that type of insight and empathy that tors of the Gender Neutral Handbook, a firming that Justice Owen is a truly unique Justice Owen will bring to the Fifth guide for all Texas lawyers and judges and outstanding candidate for appointment to the Fifth Circuit. Based on her superb in- Circuit.’’ on the issue of recognizing and com- tegrity, competence and judicial tempera- I ask unanimous consent that a copy bating gender bias in the legal field. In- ment, Justice Owen earned her Well Quali- of this letter be printed in the RECORD. credibly, this is the same woman the fied rating unanimously from the American There being no objection, the mate- usual interest groups mischaracterize Bar Association Standing Committee on the rial was ordered to be printed in the as ‘‘anti-woman.’’ Federal Judiciary—the highest rating pos- RECORD, as follows: Justice Owen’s confirmation is sible. A fair and bipartisan review of Justice DE LEON, BOGGINS & ICENOGLE, backed by Texas lawyers such as E. Owen’s qualifications by the Judiciary Com- Austin, TX, June 26, 2002. Thomas Bishop, president of the Texas mittee certainly would reach the same con- Hon. PATRICK LEAHY, clusion. Association of Defense Counsel, and Justice Owen’s stellar academic achieve- Chairman, Committee on the Judiciary, U.S. William B. Emmons, a Texas trial at- ments include graduating cum laude from Senate, Russell Senate Office Building, DC. torney and a Democrat who says that both Baylor University and Baylor Law DEAR SENATOR LEAHY: This correspondence Justice Owen ‘‘will serve [the Fifth Cir- is sent to you in support of the nomination School, thereafter earning the highest score cuit] and the United States exception- in the Texas Bar Exam in November 1977. by President Bush of Texas Supreme Court Justice Priscilla Owen for a seat on the U.S. ally well.’’ Her career accomplishments are also re- You can see the type of bipartisan markable. Prior to her election to the Su- Court of Appeals for the Fifth Circuit. As the immediate past President of Legal support Justice Priscilla Owen enjoys. preme Court of Texas in 1994, for 17 years she Justice Owen has served on the Texas practiced law specializing in commercial Aid of Central Texas, it is of particular sig- litigation in both the federal and state nificance to me that Justice Owen has served Supreme Court since 1994, winning re- courts. Since January 1995, Justice Owen has as the liaison from the Texas Supreme Court election to another 6-year term in the delivered exemplary service on the Texas Su- to statewide committees regarding legal year 2000. She had bipartisan support, preme Court, as reflected by her receiving services to the poor and pro bono legal serv- earning the endorsement of all major ices. Undoubtedly, Justice Owen has an un- endorsements from every major newspaper in Texas newspapers and the endorsement Texas during her successful re-election bid in derstanding of and a commitment to the availability of legal services to those who of the Texas voters—84 percent of the 2000. electorate to be exact. The status of our profession in Texas has are disadvantaged and unable to pay for such been significantly enhanced by Justice legal services. It is that type of insight and This kind of support—running across Owen’s advocacy of pro bono service and empathy that Justice Owen will bring to the the board and across party lines— leadership for the membership of the State Fifth Circuit. leaves no doubt that Justice Owen is a Bar of Texas. Justice Owen has served on Additionally, Justice Owen played a major fair-minded, mainstream jurist. committees regarding legal services to the role in organizing a group known as Family The fact that Justice Owen earned an poor and diligently worked with others to Law 2000 which seeks to educate parents ABA rating of unanimous well quali- obtain legislation that provides substantial about the effect the dissolution of a mar- riage can have on their children. Family Law fied, the gold standard of many of my resources for those delivering legal services colleagues on the other side when eval- to the poor. 2000 seeks to lessen the adversarial nature of Justice Owen also has been a long-time ad- legal proceedings surrounding marriage dis- uating judicial nominees, is further vocate for an updated and reformed system solution. The Fifth Circuit would be well evidence of Justice Owen’s fitness to of judicial selection in Texas. Seeking to re- served by having someone with a background serve on the Fifth Circuit Court of Ap- move any perception of a threat to judicial in family law serving on the bench. peals. impartiality, Justice Owen has encouraged Justice Owen has also found time to in- This well qualified rating means that the reform debate and suggested positive volve herself in community service. Cur- Justice Owen is at the top of the legal changes that would enhance and improve our rently Justice Owen serves on the Board of profession in her legal community; Texas Hearing and Service Dogs. Justice state judicial branch of government. that she has outstanding legal ability, While the Fifth Circuit has one of the high- Owen also teaches Sunday School at her est per judge caseloads of any circuit in the Church, St. Barnabas Episcopal Mission in breadth of experience, and the highest country, there are presently two vacancies Austin, Texas. In addition to teaching Sun- reputation for integrity; and that she on the Fifth Circuit bench. Both vacancies day School Justice Owen serves as head of has demonstrated, or exhibited the ca- have been declared ‘‘judicial emergencies’’ the altar guild. pacity for, judicial temperament. by the Administrative Office of the U.S. Justice Owen is recognized as a well round- This ranking comes only after care- Courts. Justice Owen’s service on the Fifth ed legal scholar. She is a member of the ful investigation and consideration. Circuit is critically important to the admin- American Law Institute, the American Judi- There is close examination of the istration of justice. cature Society, The American Bar Associa- Given her extraordinary legal skills and tion, and a Fellow of the American and nominee’s legal writing—whether judi- record of service in Texas, Justice Owen de- Houston Bar Foundations. Her stature as a cial opinions, law review articles, or serves prompt and favorable consideration member of the Texas Supreme Court was rec- other scholarship. Lawyers in private by the Judiciary Committee. We thank you ognized in 2000 when every major newspaper practice and in the public sector are and look forward to Justice Owen’s swift ap- in Texas endorsed Justice Owen in her bid interviewed and provide their candid proval. for re-election to the Texas Supreme Court. assessment of the nominee. Those Sincerely, It has my privilege to have been personally interviewed may be law school profes- DARRELL E. JORDAN. acquainted with various members of the U.S. sors, lawyers working for public inter- On behalf of former Presidents of the State Court of Appeals for the Fifth Circuit. The Bar of Texas: Blake Tartt; James B. Sales; late Justice Jerry Williams was my adminis- est services, members of bar associa- Hon. Tom B. Ramey, Jr.; Lonny D. Morrison; trative law professor in law school and later tions and legal organizations, and com- Charles R. Dunn; Richard Pena; Charles L. became a personal friend. Justice Reavley munity leaders. Men and women of all Smith; Jim D. Bowmer; Travis D. Shelton; has been a friend over the years. Justice backgrounds are invited by the ABA to M. Colleen McHugh; Lynne Liberaito; Gibson Johnson is also a friend. In my opinion, Jus- assess the nominee’s fitness for judicial Gayle, Jr.; David J. Beck; Cullen Smith. tice Owen will bring to the Fifth Circuit the service. All of this investigation is Mr. HATCH. Mr. President, Justice same intellectual ability and integrity that done to provide a full picture of the Owen is recognized for her services for those gentlemen brought to the Court. nominee’s qualifications for the federal the poor and for her work on gender I earnestly solicit your favorable vote on the nomination of Justice Priscilla Owen for judiciary. and family law issues. Justice Owen a seat on the U.S. Court of Appeals for the Justice Priscilla Owen will be a great has taken a genuine interest in improv- Fifth Circuit. asset to the Fifth Circuit. One can ing access to justice for the poor. She Thank you for your attention to this cor- nitpick at her record, as many have successfully fought with others for respondence. done, and will no doubt continue to do, more funding for legal aid services for Very truly yours, but when we lay out her full record and the indigent. Hector De Leon, former HECTOR DE LEON. look at it with a sense of balance, we president of Legal Aid of Central Mr. HATCH. Mr. President, Justice see a judge who honors the law and Texas, has written: ‘‘Justice Owen has Owen is committed to opening opportu- lives up to her judicial oath. an understanding of and a commitment nities to women in the legal profession. I express my hope, once again, that to the availability of legal services to She has been a member of the Texas we will commit to hold a debate and

VerDate Jan 31 2003 03:54 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.018 S29PT1 S5460 CONGRESSIONAL RECORD — SENATE April 29, 2003 then vote on Justice Owen’s confirma- Judge Estrada, and that has to do with alizes there is a way of doing this and tion. This will allow each Senator to his lack of cooperation and his unwill- a way not to do this. I will have to ob- decide the merits of her record for him- ingness to bring forward the documents ject to the unanimous consent request self or herself and allow the entire Sen- that we think ought to be required if because Priscilla Owen has been nomi- ate to fulfill its constitutional duty. we are going to make a collective and nated for the exact same court of ap- I, for one, hope we are not set up for a thoughtful judgment about his quali- peals as Judge Prado. We all agree another filibuster—another first time fications. Judge Prado is an excellent candidate in history. I hope that will not be the There are others who have been con- and nominee, and we intend to fully case, but if it is, I hope we can face it sidered in the committee that I have support him and to have him con- head on. Ultimately, I hope we can offered to the distinguished Republican firmed. We also know there is the mat- somehow or other pull out the stops leader, the majority leader, who could ter of seniority and a number of other and get a vote for Justice Owen up and be brought up and passed in a very matters as well. down. Those who do not agree with her short period of time. In addition, the majority leader has can vote against her; and those who do, One of those judges is Judge Edward seen fit to bring the Owen nomination can vote for her. Prado. Judge Prado happens to be in to the floor, because we hope to have a This is an excellent woman, one of the same circuit as Judge Owen. Judge vote up or down on Priscilla Owen. We the best nominees I have seen in my Owen is from the Fifth Circuit. So is look forward to that particular vote. whole 27 years on the Senate Judiciary Judge Prado. Judge Prado also happens We would like to confirm her first. Committee. I do not think you can find to be Hispanic. There have been numer- I made it clear a short while ago, in better people than Justice Owen. I per- ous statements on both sides of the fact early in the year, that we would sonally believe she is a person of great aisle with regard to the importance of try on the Judiciary Committee, to the capacity, and I think her record proves Hispanic nominees, nominees of any extent that we can, to bring people up that. minority. Cases have been made for im- in chronological order. Justice Owen Mr. President, I yield the floor. proving the diversity on the courts. It has been sitting in the Judiciary Com- The PRESIDING OFFICER. The Sen- is in the interest of diversity and the mittee as a nominee on the Executive ator from Nevada. interest of moving forward on those Calendar for 2 years this May 9. So Mr. REID. Mr. President, the Demo- judges for whom there could be agree- within a week and a half, she will have cratic leader is on his way to the floor ment that I wanted to come to the been sitting there for 2 solid years. It is and wants to be the first speaker on floor this afternoon and simply say: only fair to ask that her nomination be this matter on our side. We wish that Let’s take up those for which there is acted upon first. We fully intend to do he be the first speaker. In light of that, overwhelming agreement. As I noted, that although it has no reflection at all I suggest the absence of a quorum. Judge Prado is one of those nominees. on Judge Prado. The PRESIDING OFFICER. The I intend to ask unanimous consent I have to object at this time. We will clerk will call the roll. that we agree at least on this nominee get to Judge Prado in due course in the The assistant legislative clerk pro- and many others. We may continue to way it should be done, not by bringing ceeded to call the roll. disagree on the Owen nomination, and him up out of order and not by trying Mr. DASCHLE. Mr. President, I ask we will get into the reasons in the to upset the motions of the majority unanimous consent that the order for course of the debate. But there is no leader in this body. I look forward to the quorum call be rescinded. reason to hold hostage those nominees that. Having said all of that, I object. The PRESIDING OFFICER. Without for whom there is agreement. So I The PRESIDING OFFICER. Objec- objection, it is so ordered. thought it would be appropriate for us tion is heard. UNANIMOUS CONSENT REQUEST—EXECUTIVE to set aside the Owen debate for 3 The Democratic leader. CALENDAR hours this afternoon so that we can Mr. DASCHLE. Mr. President, let me Mr. DASCHLE. Mr. President, I note take up an Hispanic nominee who en- just say how disappointed I am at the we are now debating the Owen nomina- joys broad bipartisan support. I would decision made by our Republican col- tion. This morning we had a debate, as guess if there were a rollcall on Mr. leagues. The distinguished chair of the we have had over the last several days, Prado this afternoon, it would pass, if Judiciary Committee made a comment on the Sutton nomination. There were not unanimously, virtually unani- that I may have misunderstood. I think those who supported Mr. Sutton. Many mously. he said there really is no difference be- of us opposed him, we think for good We have a choice this afternoon. We tween the Owen nomination and the reason. But there ought to be a rec- have a choice of continuing this de- Prado nomination with regard to Sen- ognition that, as we consider all of bate, this divisive debate on Priscilla ate consideration. There is a huge dif- those nominees who come before the Owen, which we may be forced to expe- ference. Judiciary Committee, there are those, rience, or we could at least take a re- The Owen nomination, of course, of course, that will divide us but there prieve from that divisive debate and came before the Judiciary Committee are many that ought to unify us, that take up a qualified nominee, a Hispanic in the last Congress. Her nomination ought to bring us together in recogni- nominee on whom there is virtually no was defeated in the Judiciary Com- tion of the importance of the record disagreement. mittee. It is rare, almost unheard of, that has already been made with re- I ask unanimous consent that the for a defeated nominee to be brought gard to judges these past 21⁄2 years Senate now proceed to Executive Cal- back before the committee and then since this administration has come to endar No. 105, the nomination of Ed- brought back before the Senate. office. ward C. Prado of Texas to be a U.S. Cir- There is a significant difference be- In that time, the Senate has now cuit Court Judge for the Fifth Circuit; tween the Owen nomination and the confirmed 119 circuit and district that there be 3 hours of debate on the nomination of Edward Prado. Edward judges. I am told that is a record in nomination equally divided between Prado was before the committee and that period of time, that we have never the chairman and ranking member; now before the Senate in part because confirmed that many judges over that that at the conclusion or yielding back of his overwhelming support on both period of time. But whether it is a of the time, the Senate vote, without sides of the aisle, because he came be- record or not, arguably there are other intervening action, on the confirma- fore the committee, presented his times when we have been virtually as tion of the nomination; that the mo- qualifications and, as a result of those productive. tion to reconsider the Senate’s action qualifications, was voted out unani- We have only opposed two of those be laid upon the table; and the Presi- mously. There is absolutely no reason nominations. Judge Priscilla Owen was dent be immediately notified of the to hold Mr. Prado hostage to other con- opposed before, and is opposed now. Senate’s action. troversial nominees. If we wait until Judge Pickering, of course, in the com- The PRESIDING OFFICER. Is there we resolve the Owen nomination, Mr. mittee was defeated 2 years ago. The objection? Prado will never be confirmed because only other nomination to come to the Mr. HATCH. Reserving the right to I doubt that Ms. Owen will be con- floor, as I said—the second one—is object, I believe the majority leader re- firmed. So that is a criterion I hope

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.036 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5461 will be reconsidered by our colleagues to try to interrupt the Owen nomina- to go over again why we feel as strong- on the other side. tion, which has been brought to the ly as we do with Miguel Estrada. The Again, let me express my disappoint- floor in accordance with the usual pro- record is replete with that. With Pris- ment and my hope that our colleagues cedures around here, to try to justify cilla Owen, the record hasn’t been will reconsider as we bring this unani- their obstruction of not only Miguel made, but it will be. Here is a person mous consent request back to the floor Estrada but also Justice Owen by vot- we feel should not be on the court; as at a later date. ing for another nominee and making it simple as that. I yield the floor. look as if they are being reasonable I see my friend who was chair and is The PRESIDING OFFICER. The Sen- about these matters. now ranking member of the important ator from Utah. First of all, this is the first time in Judiciary subcommittee which deals Mr. HATCH. I have a perfect solution the history of this Republic that a sec- with judges. So I believe we are fight- to the distinguished minority leader’s ond nominee for a circuit court of ap- ing over issues that really are not help- suggestion. I would like to have Judge peals is being filibustered. ful to the family. We have heard a lot Prado brought up as well. I ask unani- To make it look like they are not of talk here saying let’s get Hispanic mous consent that with respect to the filibustering, to make it look like they people on the court. We have Prado; he Owen nomination, which was reported are being reasonable, they are trying is Hispanic. Let’s move him this after- on March 27, there be 8 additional to overrule what the majority leader noon or tomorrow. Also, I am quite hours for debate prior to the vote on has brought to the floor. I suspect if certain my friend from Utah did not the confirmation of the nomination. the Parliamentarian continues to mean this. I understand why the ma- Mr. DASCHLE. Mr. President, I ob- maintain that ruling, we will have to jority wants to have an orderly process ject. face that problem. to handle judicial nominations. It is Mr. HATCH. Then I modify my re- Will our colleagues on the other side understandable. But there are certain quest to allow for 10 hours. stop at nothing in their zeal to ob- times when you have to clean your Mr. DASCHLE. Mr. President, as I struct a vote up or down on President house on Friday and not Saturday. noted before, there are many concerns. Bush’s nominees? I think it shows even Things come up. In this instance, I sug- This nominee was defeated before the further how broken the Senate is, how gest that there has been a tentative Judiciary Committee in the last Con- broken this procedure and process is. agreement worked out, for example, on gress, and for many good reasons. We Now, my Democratic colleagues have Roberts, who has been waiting a long will have the debate. There is no way brought up the fact that Priscilla Owen time to become a circuit court judge. that 10 hours will accommodate the de- was defeated last year. Let us remem- Using the logic that I just heard from bate that will be required on Ms. Owen. ber that she was defeated on a party my friend from Utah, because Estrada The PRESIDING OFFICER. Is there line, partisan vote, a vote of obstruc- is up ahead of him, maybe we should objection? tion. After the first of this year, she not move to Roberts. But maybe be- Mr. REID. I object. was brought up again in committee and cause Roberts has been around longer, Mr. HATCH. Mr. President, I think I passed through the committee with a he would supersede Estrada. have the floor. majority vote—again, a straight par- The point is I think the seniority The PRESIDING OFFICER. The Sen- tisan vote. All Republicans voted for issue means a great deal in a legisla- ator from Utah retains the floor, and her and all Democrats on the com- tive body but very little in a judicial the Chair has heard an objection. mittee voted against her. body. I know that one of the fine peo- Mr. HATCH. I yield to the Senator Mr. President, I think it is unseemly ple on the Ninth Circuit—I think my from Nevada without losing my right what the Democrats are trying to do. I friend from Utah would understand he to the floor. think they are trying to cover up their has been an outstanding jurist—Proc- The PRESIDING OFFICER. Without approaches. I think they are trying to ter Hug, of Stanford Law, served on the objection, it is so ordered. cover up their obstruction. I think it is court a long time and became the chief Mr. REID. Parliamentary inquiry: If an insult to Justice Owen, an insult to judge of the Ninth Circuit. That is Senator DASCHLE’s request had been the President of the United States, and based on seniority. But we are not here that we move to Prado without the it is unfair. Unfortunately, I suspect talking about who is going to be the conditions he set forth as to time, is we have to live with this type of un- chief judge of the Fifth Circuit. We are that a debatable motion? We are in ex- fairness. talking about trying to get judicial ecutive session. Mr. President, I yield the floor. nominations filled as quickly as we The PRESIDING OFFICER. At this The PRESIDING OFFICER (Mr. can. time, it would be a debatable motion. CRAPO). The Senator from Nevada is The President said he wants them, Mr. REID. I don’t want to do that be- recognized. and the majority leader said he wants cause the Senator from Utah has the Mr. REID. Mr. President, I say to my more judges. The chairman of the Judi- floor, but I want everyone to under- friend from Utah, earlier today, the ciary Committee said he wants more stand, as soon as I get the floor, I will majority leader announced there would judges. We are here to please. We are move to Prado. That is debatable. be no votes today. He has been always willing to work. We have approved 119, The PRESIDING OFFICER. The Sen- very cooperative with me. So I am not and there is no reason that by the end ator from Utah has the floor. going to move to the nomination of of this week we could not get up over Mr. REID. Mr. President, if I may Prado today. But I want to put my 120. We can do that, including Judge complete my statement, I think we friend on notice, as well as everybody Prado. So I hope we can move beyond would be in a very strange situation else, that tomorrow, when we are going Priscilla Owen. where we would have the Republicans to be in a period of time where we can I say as respectfully as I can that filibustering our moving to Prado. vote, I will do that. Priscilla Owen is not going to be ap- The PRESIDING OFFICER. The Sen- I say to my friend from Utah, who is proved. Fact. I don’t know everything, ator from Utah. my friend, that I have respect for him but one thing I do know is where the Mr. HATCH. Mr. President, that is and his legislative abilities and his fine votes are most of the time. Priscilla not only absurd, it is ridiculous. But legal mind. But I believe we should not Owen is not going to be approved. We that is typical of what is going on here. get bogged down with Miguel Estrada should get off of her and go to some- Rather than give an honest vote up or and Priscilla Owen. There are many thing else. down, which is what advise and consent other things we can do to move forward If the majority wants us to go means under the Constitution, they with lots of Judiciary Committee ap- through lots of cloture votes on her, we would prefer to try to take back the pointments, as was seen from the vote will march down here and do the same floor, although they are in the minor- today. We had 41 votes here. I think as we have done on Miguel Estrada. I ity. with Priscilla Owen and Miguel am prepared to lay out why, and I will I have nothing against Judge Prado. Estrada there have been extraordinary do that if necessary, and I am sure oth- In fact, I will vote for him. I think he circumstances that have caused us to ers can do it. That is why we should is terrific. But it is unseemly for them do what we have done. There is no need move to more substantive matters.

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.039 S29PT1 S5462 CONGRESSIONAL RECORD — SENATE April 29, 2003 My friend from New York is here and because of the diseases that people It is unseemly, and it appears to any- he knows much more than I do about have in their genes as a result of being body who is a fairminded person that this judge. I know plenty, but not as of that ethnicity. That is what we there is no real desire to treat Miguel much as he does because that is one of should be working on. Estrada, with all of his qualifications, his obligations as a Member of the Sen- The State of Nevada is in desperate and Priscilla Owen with all of her ate—to take care of judges in the coun- shape financially, as are 42 other qualifications, in a fair manner. It is try. States in this country. The Republican also very apparent that the President Mr. President, let me just say again Governor of the State of Nevada has of the United States is not going to be that we are not here picking fights moved to increase taxes. He is no left- treated in a fair manner as well. that we don’t feel are not essential to wing Socialist. He is a man who is 65 I have no objection to Judge Prado. If what we stand for. Not very often do years old, who spent his entire life that is what they want to do, we will we choose to go to battle—very rarely. helping kids and being an outstanding see about that, and we will see about it There are a lot of these judges I voted businessman in the State of Nevada. He tomorrow. The fact is, that does not against because I don’t think they are said: We are desperate. negate the fact that for the first time mainstream judges, but they are judges One reason they are desperate is the in history we have this type of obstruc- and they have lifetime appointments. Federal Government has failed the tion rather than up-or-down votes of The Democratic leader, supported by State of Nevada. We have required the executive nominee judges for the cir- his caucus, said there are two judges State of Nevada to do all kinds of cuit court of appeals. we are not going to let through: Miguel things in homeland security that they I hate to think how this body has de- Estrada—and we know the conditions are paying for, and we are not helping. volved from a body that works to- there that will not be met—and Pris- In the Clark County School District gether to try to albeit argue and fight cilla Owen. there are about 260,000 kids. They are over certain nominees, but usually and It is not as if we are stopping every- desperate for money. They are talking always in the past we voted on them, thing going on with judges. When I go about creating a 4-day school week. how it has devolved into this morass home, it is amazing. It happens that Imagine that. They are talking about whereby two excellent people with the people say things and people have writ- dropping band and some athletic pro- highest recommendations from the ten editorials in opposition to my view grams. People may laugh and say, American Bar Association and vir- saying: Isn’t it terrible that he is hold- good, get rid of them, but the way I tually everybody in their communities ing up the judges? When I have had the feel about it is those programs are are being held up for no good reason at chance to explain that we had approved some of the most important programs all, other than obstruction. Now we at least know where we 109 and turned down 1, that didn’t seem young people have. They develop char- stand. I am willing to say I believe too alarming. Now it is 119 to 2. That acter. It gives them a sense of worth. both of these people will be confirmed kind of quiets whole audiences. That is what education is all about. We passed this Leave No Child Be- in the end, and I believe our colleagues The President of the United States hind Act. It was something that had bi- on the other side are going to see that was the owner of a baseball team. Boy, partisan support, but we have not fund- confirmation occur. At least that is I will tell you, he would like to have a ed it. what I intend. I hope we can fully de- batting average with his team mem- Those are the things we should be bate these matters and then vote up or bers like that, where for every 119 doing, rather than spending days—not down. If my colleagues do not like times up to bat, they made outs on minutes, not hours, but days—weeks, Miguel Estrada, vote against him. If only 2 occasions. Not bad. Ted Williams going into months on Estrada, and I they do not like Priscilla Owen, vote could not match that, Mr. President. guess Owen. I think it is wrong. We against her. But do not do this I would hope, again, everyone under- have too many other important things anticonstitutional approach of filibus- stands that we are not out cruising for to do. tering Executive Calendar circuit court a bruising. We are standing for what we We have an environment about which of appeals nominees for the first time believe is a principle, that we want a we should be concerned. We are not in history. judiciary to be as good as it can be. It dealing with those issues. Do we need We have been willing to put up with cannot be our judiciary—we under- to improve the Clean Air Act, the a certain amount of this, but there is stand that—but there are certain times Clean Water Act? Do we need to do going to be an end to this type of ob- when we draw a line in the sand. We something about Superfund? As a struction. It has got to come to an end, have done it on two occasions. That is member of the Environment and Public and I intend to see that it comes to an a pretty deep line we have drawn and Works Committee, having been chair- end if I can. I may not be able to, but people should understand that and not man of it twice, there are lots of things I think there is a way we can do that. waste the time of the Senate. we can do, but it cannot be done if we I am just warning the other side that I We have so many other things to do. are spending all of our time on two believe sooner or later we are going to We have 13 appropriations bills to judges who are not going to become the have up-or-down votes on these two ju- move. We have one new subcommittee judges that they have been nominated rist candidates. on homeland security. It is going to be to become. That does not mean that we I think it is pretty hard to make a extremely difficult. We have a new have ruined the judicial system. case against Priscilla Owen that does chairman, a new ranking member. The The PRESIDING OFFICER. The Sen- not distort her record, that is factual whole subcommittee is made up of new ator from Utah. and nondistortable. I think it is going people. It is going to be difficult to get Mr. HATCH. Mr. President, let’s be to be very difficult to make a case that bill done. It is going to take some honest about this. The Senator has against her. For the life of me, I do not time. We should be moving toward been very blunt, very forthright and understand why our colleagues on the that. honest in his remarks that they intend other side are filibustering this excel- I went to a press conference that was to stop Miguel Estrada and Priscilla lent woman, who has such impeccable sponsored by the Congressional Black Owen. So now we are in the second fili- credentials. They have plucked a cou- Caucus, Hispanic Caucus, Native Amer- buster. Let nobody have any illusions, ple of cases out of the air to criticize ican Caucus, and Asian Pacific Caucus. we did not know until now that lit- her. I venture to say any judge who has They asked me to drop by, and I was erally they were going to filibuster been around for a considerable period happy to do that because it, again, sug- Priscilla Owen. Now we have two first- of time, any of us could find some gested to me that we have to do some- time-in-history filibusters against cir- faults with that judge or we could find thing about our health care crisis. cuit court of appeals judges because cases with which we do not agree. But Forty-five million Americans have no the minority does not like these two relatively few matters can they point health insurance, none. There are mil- judges, even though both of them have to that would justify the kind of treat- lions more who are underinsured. A their gold standard imprinted upon ment Priscilla Owen is receiving at significant number of those 45 million them, unanimously well qualified, by this time. and those who are underinsured are their gold standard, the American Bar I think we should continue the de- people represented by those caucuses Association. bate. I intend to do so, and we will see

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.042 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5463 where we go from there. I hope my col- Mr. HATCH. Will the Senator yield? friends. I know my friend from Utah leagues will be fair, but so far I have Mr. SCHUMER. I will; 119 judges ap- will say he worked out a deal and even- not seen it. I think we are in the mid- proved, 3 held up. That has been done tually they were approved. So I ask dle of an obstructive set of tactics that with greater speed than in any time him, when he answers that, to remind are beneath the dignity of the Senate. that anyone has heard of, in terms of all of us how long they waited to be ap- Be that as it may, our colleagues do the period of time. proved. Was it a year? Was it 2 years? have certain rights. I respect those So I just ask my colleague, is the No. rights and we will just see where we go only way we can fail to be obstruc- So, if my good friend from Utah from here. I believe Priscilla Owen tionist by approving every single judge would have the same patience, and sort ought to be confirmed, as I believe the President nominates? Because we of maybe we can come to an agreement Miguel Estrada ought to be confirmed, have come darned close. We only op- 2 or 3 years from now—maybe after as I believe Mr. Sutton, who is now posed three, and the word ‘‘obstruc- 2004—then we would be being fair; we confirmed, needed to be confirmed. tion’’ flows like water from my good would be judging one side and the other With regard to Roberts, I might as friend’s lips. with the same standard. well make it clear we already have a I yield. Unfortunately, there has been a dou- deal. We have made an agreement. So Mr. HATCH. I appreciate the Senator ble standard here, when my good col- that should not even enter into this yielding to me on that particular ques- leagues from Alabama and the now-At- question of whether one person should tion because, yes, it is obstruction. For torney General but then-Senator from be confirmed ahead of another. I agree the first time in history to now, I un- Missouri and others launched filibus- that is a comme ci, comme ca type of derstand from the Senator, he will be ters—— thing, but we expect to have a vote on obstructing three circuit court of ap- Mr. HATCH. Will the Senator yield? Mr. Roberts. So we will revote him out peals nominees: Miguel Estrada, Pris- Mr. SCHUMER. Against two nomi- of committee. We have a rehearing cilla Owen, and Judge Pickering; three nees for the Ninth Circuit. Those folks after 12 hours of hearings. nominees filibustered for the first time waited years, longer times than any of We were promised a vote on Justice in history. the three we have mentioned. I didn’t Cook from Ohio. I hope that vote will I agree with the distinguished Sen- hear the word ‘‘obstruction.’’ be tomorrow, or the next day, in ac- ator; I think there have been 119, with I will be happy to yield. cordance with the agreement we made, Jeffrey Sutton, who have been con- Mr. HATCH. Remember, on Judge because she was supposed to come up firmed. That is a good record. But most Paez, I was the one who moved Judge right away within a week. Roberts will of them are district court nominees Paez admittedly in the 4 years. But in be up for his second extensive con- who act as federal trial judges. There that 4-year period he issued a number firmation hearing tomorrow. I intend are a number of circuit court of appeals of hearings that were highly suspect, to be there. Then he will be put on the nominees. Five of them are still held not only by people on our side but markup a week from this Thursday. We over, as I recall it, from May 9 of 2001. some on your side. We had other inves- have had a good-faith assurance that Five of those original eleven are still tigations that had to be conducted. Ad- they will not try to put him over for not confirmed. There are all kinds of mittedly, it was too long; there is no another week. judicial emergencies out there that we question in my mind. That is a glaring So let’s hope our colleagues live up are trying to take care of that are example. to this agreement. It has not been an being obstructed. Yes, I think it is ob- In the case of Judge Berzon, I was the easy one for me to make, but we have struction. one who pushed her through. With re- made it. There have been some pluses I do not expect my colleagues on the gard to cloture votes—— to us and some pluses to them. But it other side to approve everybody the Mr. SCHUMER. I would ask my col- is done. President nominates. Vote against league to yield for another question. So Roberts is not part of the equa- them. If you don’t approve, vote How long did Judge Berzon wait? tion, nor should he be used as part of against them. Mr. HATCH. I don’t recall how long the equation. Mr. SCHUMER. I would just like to she waited. It is the desire of the majority leader reclaim my time. Mr. SCHUMER. I believe the record to have Owen approved first. On the Mr. HATCH. Sure. But I am saying if will show it was a longer time than any other hand, we will see what happens you don’t approve of them, vote of these we are talking about. tomorrow. against them. We didn’t obstruct Mr. HATCH. I don’t know if that is I yield the floor. yours. We voted. Everybody who came true or not. All I can say is I was the The PRESIDING OFFICER. The Sen- to the floor was voted upon, and there one who put them through. ator from New York. was no filibuster conducted by us. I also have to correct the record be- Mr. SCHUMER. Mr. President, I Mr. SCHUMER. Reclaiming my time, cause there has never been a true fili- enjoy listening to all of our colleagues: I would remind my colleague that buster against President Clinton’s Our leader from South Dakota, my within a single day, cloture votes were nominees or any other Democrat Presi- friend from Nevada, and of course my held on Judge Paez and Judge Berzon. dent’s nominees—never. There have good friend from Utah, who is just an There were attempted filibusters on been cloture votes. In most of the clo- excellent debater. I would say he is in- the other side. They waited large num- ture votes, those were time manage- defatigable because he is on the floor bers of years—more years than Pris- ment approaches. Yes, we had a few all the time. cilla Owen, Miguel Estrada, or Judge people over here who wanted to fili- I am rising in opposition to Priscilla Pickering have waited. I didn’t once buster, but we were able to stop them. Owen, and I have a whole bunch of hear my friend from Utah call it ob- There was no case—none, zero, nada, points I would like to make. But I struction. not ever—where a Democrat nominee would like to just answer my good What is good for the goose is good for who was brought to the floor was not friend from Utah on two. the gander. There were cloture votes ultimately voted on up or down— He constantly is using the word right held. There is only one difference—ac- never—until this year with Estrada now, ‘‘obstruction.’’ It would seem log- tually there is no difference. Cloture and now Priscilla Owen, and I presume, ical by his definition that nonobstruc- was achieved eventually. But the bot- from what you have said, perhaps tion is only when we approve every tom line is this is not true. For Paez Judge Pickering. judge the President has nominated. and Berzon I think it was the same My contention is this. I know the dis- The fact is that there are 119 who have day, it may have been within a day of tinguished Senator from New York is a been approved and only 3, if you in- one another—cloture votes were held good lawyer. He is a good friend. I clude Judge Pickering in this—that is, because a filibuster was being con- value his friendship. But the fact is, I Miguel Estrada, Priscilla Owen, and ducted. think there is much merit in having Judge Pickering—only 3 have been held Mr. HATCH. Will the Senator yield? healthy debate, raising the difficulties up. Is it fair, I ask my friend from Mr. SCHUMER. I will yield in a you have with a judge, but then having Utah, to call that obstruction? minute. It was run by a number of his a vote up or down. Vote whichever way

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.044 S29PT1 S5464 CONGRESSIONAL RECORD — SENATE April 29, 2003 you want to, for or against. But it is Guess what. We think Judge Owen Mr. HATCH. They were nominated— unseemly to start clogging up the Sen- has a lot of bad cases. And some of both of them—three times by two dif- ate with true filibusters for the pur- them were called bad by very conserv- ferent Presidents. From the time they pose of trying to stop these people from ative colleagues of my friend: The were first nominated to today, it has having a vote up or down. That was White House counsel, then-Judge been 12 years. I will make that more never done, not at any time during my Gonzales; and the junior Senator from clear. tenure as chairman, and I made sure it Texas, then-Judge CORNYN, on the With regard to the 54 holdovers when wasn’t done because I don’t believe record—very rare—chastising Judge the Democrats controlled the com- that is constitutionally a sound thing Owen for going way beyond the law. mittee and we had a Republican Presi- to do. These were not liberal Democrats. dent, we didn’t have the screaming and Mr. SCHUMER. I thank my col- These were not even moderate Repub- mouthing off about that from our side. league. But I say my good friend from licans. I don’t think it is disputable Compare that to when President Clin- Utah had another method even more that in the eyes of many, Judge Owen ton left office and there were 67 vacan- effective in bottling up judges, and has ‘‘some bad cases.’’ And if it was cies, 30 fewer during my chairmanship that was never bringing them up for a permissible to delay Judge Paez for 4 and 41 left holding versus the 54. vote. I think it is hard to see how keep- or 5 years because of some bad cases, By the way, of the 41, 9 were put up ing someone from a vote in the Judici- then clearly we should just have begun so late that nobody could have gotten ary Committee when there were vacan- on Judge Owen. them through no matter who the Judi- cies on the bench, when those nominees Mr. HATCH. Will the Senator yield? ciary chairman was. There were really waited and waited and waited, is any- Mr. SCHUMER. I would be happy to 32. If you take away those who had ab- more commendable. To me, it seems yield. solutely no consultation with home certainly less commendable than Mr. HATCH. I appreciate the Senator State Senators—I mean none—then bringing them up for a vote and then yielding. I think it is a credit to him. that reduces it some more. If you take having a large number of Senators— We don’t have enough debates around away those who had further investiga- not a majority but certainly more than here where we have interchanges with tory problems, that reduced it some 40 percent of this body, as the rules of each other. We stand up and make more. There were some—I have been the Senate allow—not do it. speeches, and generally they are writ- honest to admit this—whom I wish I Mr. HATCH. Will the Senator yield? ten speeches. We don’t have this type could have gotten through who I think Mr. SCHUMER. I am going to move of high-quality debate. deserved to go through. But there were on now. Let me just answer the Senator on a many in the 54 who were left by the I will be happy to yield. But the bot- few of his assertions that I think are Democrats who should have gotten tom line is that there is a lot of soph- profoundly wrong. through, too. istry going on here in terms of argu- First of all, they were not just a few The point I am making is that it ment—not in terms of individuals. bad cases. They were activist cases isn’t the same because the Judiciary When you are forced to invoke cloture that were clearly outside the realm, in Committee chairman can’t get some of to get a vote, if that is not a filibuster, the eyes of many, including mine, of the holdovers through. I don’t blame I don’t know what is. It seems to me it what good judicial conduct should be. Senator BIDEN. I don’t think I should is. When you don’t allow a nominee to Second, I think there were other rea- be blamed. I did the best I could. It come to the floor and get a vote and sons—further investigation and so isn’t the same as when somebody is you don’t even bring them before the forth. But even more important than brought to the floor and a filibuster oc- Judiciary to bring a vote, that is OK. that, I would put my report record up curs. The fact is there has never been a But when they get the vote in Judici- as chairman of the Judiciary Com- true filibuster up until Miguel ary and then they come to the floor mittee against any Democrat chair- Estrada—now Priscilla Owen—and and large numbers of Members feel so man—my chairmanship with a Demo- from what the Senator told me, it strongly that in only 2 cases out of 119 crat in the White House—against any looks as if they are going to filibuster they say this is the only method we Democrat chairman with a Republican Judge Pickering even before we have can use to stop it, that is wrong. It in the White House with regard to how his hearing this year. I hope that is not makes no sense. many people were held over who didn’t true. But it apparently is true with re- Finally, I would say this: It is ob- make it through the process. gard to Miguel Estrada and Priscilla struction when you stop any one of the For instance, when JOE BIDEN was Owen. President’s nominees, because what chairman and the Democrats con- I think we have to break through this our friend from Utah says he must do trolled the committee in 1992 and nonsense. Maybe we will approve all of when he says just have them come up President Bush left office, there were these judges who are brought to the for a vote is to pass every nominee be- 97 vacancies and 54 left holding. Two of floor. That is what we should do as Re- cause, for whatever reason, the dis- the fifty-four included Mr. Roberts— publicans with a Republican President, cipline on that side is such that they who is going to come up again for an- and we would hope—and, in fact, in will always get 51 votes. other hearing tomorrow in com- every case we have had Democrats’ I am proud of what we have done. I mittee—and Judge Boyle from North support for these judges—in every case, believe we are upholding the Constitu- Carolina, who have been sitting there including Jeffrey Sutton today. It isn’t tion. I believe we are checking the ar- for over 12 years. We didn’t complain as if it was a wholly partisan process. rogance in the White House, particu- about it. I think maybe somebody com- The Senator is probably right. If we get larly with Miguel Estrada and his re- plained, but I didn’t. We understand these judges to the floor, presumably fusal to even answer any questions. I that there are some holdups. we will pass them. I am not sure of believe history will look very kindly Mr. SCHUMER. Reclaiming my that in every case, as I think we on this effort. They will look at it as time—— should. But if the Senator doesn’t like courageous. They will look at it as Mr. HATCH. Please let me finish. them, and if others on this side don’t, right. They will look at it as judicious Mr. SCHUMER. They were never as they did in the case of Jeffrey Sut- because it has not been used willy- nominated by President Clinton. ton, vote against them. nilly. They will look at it as fair. Mr. HATCH. I understand. They were It is true, Jeffrey Sutton is now con- I know my colleague from Utah is nominated by a Republican President. firmed and will receive his certifi- doing his job. He does it very well. My Let me finish this. My colleague has cation to become a circuit court of ap- hat is off to him. But ultimately all he been very generous with his time. peals judge. But my colleagues on the wants us to do is spend a little time de- Mr. SCHUMER. I am happy to have other side made this political point. bating each nominee and then approv- the debate, and I want to clear the They don’t like some of the things he ing each one, no matter what—whether record. They were not sitting for 12 has done as an advocate. That was they answer questions or not; whether years and not disposed of at the end of their right, to do so. I thought it he said, Well, Judge Paez had some bad Congress and not renominated by a wasn’t the right thing to do myself. I cases that he ruled on. new President. believed there was too much politics

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.049 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5465 involved. But you had a right to do be conservative but be way over, in Estrada. She was forthright. I asked that. But he was confirmed. As Senator case after case after case. That is what her for two Supreme Court cases with REID, the distinguished Senator from started this: no advise and consent, a which she disagreed. She named them, Nevada, pointed out, there were a num- desire to change America through the expostulated on them. She did not say, ber of Presidential candidates who judiciary by creating an ideological lit- canon 5 will not let her talk about were not here to vote on Jeffrey mus test for nominee after nominee them. She did not say: I did not have Sutton’s nomination. If they thought after nominee. That is not what the the briefs, so I could not talk about it was so important a vote, and that Founding Fathers intended. My guess them—both absurd arguments, arro- the judicial confirmation process is im- is, if Jefferson or Washington or Madi- gant arguments, arguments that show portant, they should have been here. I son were looking down on this Cham- contempt for the Senate. And she is think we all would agree with that. ber today, they would be approving of going to be approved, with my whole- They knew this was the game that was what we are doing because they would hearted support, even though she is being played to embarrass Mr. Sut- see that the balance in power—which Hispanic, even though she is more con- ton—not by the Senator from New they so carefully constructed between servative than I am, even though she is York, and not by a number of others. the President and the Senate, the a Republican officeholder. Mr. SCHUMER. I will reclaim my President and the Congress, in terms of So the bottom line is simple: We can time on that one. There are strong feel- this awesome power to put people on fill the bench and increase the number ings on this side, as the Senator knows. the bench for life—is being eroded. of Hispanic nominees quickly, if we It has nothing to do with games. To That is why we are here. And we are work together, if the nominees would me, this rises to a sacred responsi- going to continue to be here. take the process not with contempt but bility. And I don’t use those words So my friend from Utah and the ma- with the responsibility that they lightly. jority leader and others have a choice: should, given the awesome power that The bottom line is—again, I would They can hold up all these other judges Federal judges have. first say to my friend from Utah, this and say, well, until we deal with Pris- So I hope we will move to Judge Ed- is not a referendum on his stewardship cilla Owen we are not going to move ward Prado. I hope we will move to him on the Judiciary. It is, again, part of anybody else. I would ask a jury of 12 soon. I would like, as my colleague an extremely important process about people, fair and true, nonpartisan, who from Nevada, for us to bring him to the who is on the bench, who is part of that is obstructing? floor because there will not be a 2-week third branch of Government and put That is why I would hope we could debate. There will be a day debate, there for life. bring the nomination of Judge Edward maybe a 6- or 3-hour debate, and he But I would say to my friend—and he Prado to the floor. And one of the rea- will be approved. is the best in the business—the high sons we want to do it is, yes, from the By the way, if we are worried about dudgeon all of a sudden when a few mouth of my friend from Utah, there is vacancies, it is the same circuit as nominees are held up for whatever rea- this view that only certain types of Priscilla Owen. The reason the other son and sort of the muted signs when Hispanics would be approved or, from side does not want to bring up Judge he was chairman and many nominees the mouths of others, that we are anti- Prado is very simple; it shows the glar- were being held up, albeit not in ex- Hispanic, a charge never leveled when ing inconsistency and falsity of their actly the same way—I would say it is a Judge Moreno and Judge Rangel were arguments. difference that doesn’t make a dif- not voted on to the same circuit by the Our opposition to a few of these ference; it is sort of, well, inconsistent. other side. nominees has nothing to do with their Again, that doesn’t go to the per- But now we have Judge Prado, ap- ethnic background and nothing to do sonal integrity of my friend from Utah proved unanimously by the committee. even with their political party. It has who did try in many instances but I guess he is every bit as Hispanic as to do with the fact that some of them didn’t succeed. And how we should be Miguel Estrada. There is one dif- are so extreme that their own Repub- judged, so to speak, is by who gets on ference: He answered questions. And lican colleagues thought that. the bench and who does not because his views were not so far over as many Again, you have Judge Gonzales who that is ultimately what the process is who know Miguel Estrada report them is now counsel to the White House. He about. to be. Why don’t we approve him? Why said, in one of the cases that she dis- I would mention, in my colleague’s don’t we bring him up for a vote? Is he sented on, if the court went along with recounting, there were lots who with- being used? her, it would ‘‘be an unconscionable act drew their nominations. You had the I will tell you what I think. I think of judicial activism.’’ That is from the DC Circuit, the second most important the other side does not want us to ap- Republican, conservative, White House circuit, for which both Miguel Estrada prove a Hispanic judge who is within counsel. It could be an isolated case, as and Judge Roberts have been nomi- the mainstream. I think that— my good friend from Utah mentions, nated, where there were no blue slip Mr. HATCH. Will the Senator yield except that those who followed her on problems and there were no votes. So on that? the courts say that was her MO. She we can go over history. I am sure each Mr. SCHUMER. I think I will call on constantly wanted to be a judicial ac- side can point to wrongs on the other my colleague in a minute. tivist and make law from the right. side. Mr. HATCH. Well, if the Senator I would be equally opposed to some- The fact remains, of 119 judges who would yield, maybe I can satisfy—I body who wanted to make law from the have been approved, there have been 3 have no objection—— left. I do not like nominees who are too we can be accused of holding up. As my Mr. SCHUMER. I think it sort of far left or too far right. On my own ju- friend from Nevada said, I have experi- shows that why Miguel Estrada is dicial committee, when those ap- enced the same thing. I go to parades being held up has nothing to do with pointed distinguished jurists from and people say: What about Estrada? his ancestry but, rather, his conduct as around my State have brought forth What about the judges? Because they he went through the nomination proc- nominees and suggested nominees who listen to talk radio. I say: I voted for ess in a unique refusal to answer ques- were way over to the left, I have said 113 out of 119, and they just be quiet. tions. no. Anyone who has watched me inter- They say: Well, that is more than fair. I am going to tell my colleague one view judges knows that I am very So this idea that we should roll over other story. President Bush has just weary of that because judges of the ex- for every judge and allow them to be nominated a woman to the district tremes make law. They do not do what approved—and I would argue this with court in my State, Justice Dora the Founding Fathers said, which is in- my friend from Utah—no President, Irizarry. She is Hispanic. She happened terpret the law. certainly in my lifetime, and I think in to be the Republican candidate for at- And it was not just Judge Gonzales. the history of these United States, has torney general in this last election. We then have the situation in the case so nominated judges of an ideological That does not bother me a bit. I called of Weiner v. Wasson. This was a med- cast. You almost have to march lock- her to my office. I asked her many of ical malpractice case. Again, Justice step and not be mainstream, not even the same questions I asked Miguel Owen wrote a dissent about an injured

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.052 S29PT1 S5466 CONGRESSIONAL RECORD — SENATE April 29, 2003 plaintiff while he was still a minor, and President, to his credit, has gone out of case. The fact that in our caucus there the issue was the constitutionality of a his way for diversity. is such strong support to block Pris- State law requiring minors to file med- But on moderation, it is almost as if cilla Owen shows we are gaining ical malpractice actions before reach- he is not even making an effort. It is as strength. ing the age of majority or risk being if he has over and over and over again I plead with my colleagues to go back outside the statute of limitations. nominated people like Jeffrey Sutton, to the White House once again and tell Then Justice JOHN CORNYN, now our who we just approved, who are trying them they are not going to win every colleague in the Senate, said: to change the law, who are trying to single fight, that they have an obliga- Generally, we adhere to our precedents for turn the clock back, who have an ata- tion to advise and consent, that there reasons of efficiency, fairness, and legit- vistic fear of the Federal Government is some degree of compromise in mak- imacy. First, if we did not follow our own de- and what it can do. ing this government work, and that, cisions, no issue could ever be considered re- Again, it is our obligation to oppose most of all, the bench should not be solved. The potential volume of speculative such judges, just as it is our obligation filled with ideologs who have an atavis- relitigation under such certain cir- to support those who are qualified. tic, instinctive preference to make law cumstances alone ought to persuade us that I urge my colleagues on the other rather than interpret the law as the stare decisis is a sound policy. Secondly, we side to realize they are not going to Founding Fathers intended. should give due consideration to the settled I yield the floor and suggest the ab- expectations of litigants like Emmanuel win every single case. They are going Wasson, who have justifiably relied on the to lose a few. I think they should have sence of a quorum. principles articulated in [the case]. . . . Fi- lost a few more than they did. I would The PRESIDING OFFICER. The nally, under our form of government, the le- have not liked to see Jeffrey Sutton go clerk will call the roll. gitimacy of the judiciary rests in part upon to the Sixth Circuit. But to say we will The legislative clerk proceeded to a stable and predictable decisionmaking not bring up another judicial nominee call the roll. Mr. CORNYN. Mr. President, I ask process that differs dramatically from that until Priscilla Owen is passed is the properly employed by the political branches unanimous consent that the order for real obstruction. I don’t think it will of government. the quorum call be rescinded. According to the conservative majority on stand up. We know there are some on The PRESIDING OFFICER (Mr. the other side who quietly have said the Texas Supreme Court, CHAFEE). Without objection, it is so or- —this is not a liberal court— this has gone too far, who have urged dered. Justice Owen went out of her way to ignore the White House to moderate its Mr. CORNYN. Mr. President, I rise precedent and would have ruled for the de- stance, who have said, let us move on today to address the Senate with some fendants. The conservative Republican ma- from Miguel Estrada or reveal his regret and with somewhat of a heavy jority followed precedent and the doctrine of records. Unfortunately, the White stare decisis. heart. I believe in the rule of law. In- House seems to feel they want it all in deed, this Nation was built on the rule So this is not a mainstream nominee. every way. They want it all theirs. of law, the ultimate strength of our in- This is a nominee who has every indi- That is not what the Founding Fa- stitutions that make up our represent- cation of being an activist from the thers intended. It is not even what the ative democracy. So it saddens me, right, of being somebody who wishes to Founding Fathers intended when there along with many of my distinguished turn the clock back, of being somebody is a President and a Senate controlled colleagues, when I witness the abject who sides over and over and over again by the same party, as we have today. failure of one of these institutions. No- with the larger corporate interests We will oppose Judge Owen. We will where has this institution met with against the individual. In my judg- continue to oppose her. We will proudly greater failure than in the area of judi- ment, she does not belong on the Fifth oppose her. cial nominations. Circuit. If the only way we can stop her When we began this fight, which I Nearly two years ago, President Bush is to prolong this debate, so be it. guess I was one of the first people to announced his first class of nominees There are many other people in Texas, get involved in in terms of moderating to the Federal court of appeals. Five of many other lawyers, many other the judiciary and seeing that there be the eleven nominees have not had a judges, many others in the realm of the some moderation, when I proposed to single vote in the Senate two years Fifth Circuit who are conservative and our good majority leader and our chair- later. This list includes Justice Pris- intelligent and qualified. If the Presi- man of the Judiciary Committee that cilla Owen, with whom I served on the dent wanted to come to some agree- we not allow Miguel Estrada to go for- Texas Supreme Court, and whose nomi- ment with us, he would nominate ward until he answered questions, I nation is now pending before this body. them. In fact, one is before us—could thought politically it would be a loser. Two years is too long. I believe the be before us: Judge Prado. He will not It is easy to get up and say: Just let a Senate has reached a new low in recent have any issue with us. majority vote and let the chips fall months, with the unprecedented use of Is there a litmus test? Absolutely where they may. I think we had some a filibuster of dubious merit that not. I have no idea what Judge Prado knowledge that illegitimate charges of blocks an exceptionally qualified nomi- has ruled. He has been for 19 years on not supporting someone because of his nee who enjoys the support of a bipar- the court. I don’t know what his posi- ethnic background would be hurled at tisan majority. If we were allowed to tion is on choice. I don’t know what it us. vote, I am convinced that a bipartisan is on gun control. I don’t know what it But do you know what has happened. majority of the Senate would today is on gay rights. But his hearing and As the debate has gone forward, first, vote to confirm Justice Priscilla Owen his record show he is not out of the our caucus is firmer and firmer and to the Fifth Circuit Court of Appeals. mainstream. stronger and stronger in the belief that This dismal political anniversary in- I have always had three watchwords what we are doing is right and rises to dicates the true range of the failure of with people I have supported, both in noble constitutional principles. Sec- the judicial confirmation process in New York, where I am actively in- ond, the public is beginning to catch this body. This process has become un- volved in the selection process, and on. necessarily but increasingly bitter and around the country, where obviously I I found, as I traveled across my State destructive, and it does a terrible dis- am one one-hundredth of the advise these 2 weeks while we were on Easter service to the President, to Senators, and consent process. Those are ‘‘excel- break, that people were saying: Why to nominees, and ultimately to the lence,’’ ‘‘balance,’’ and ‘‘moderation.’’ does the President want his way on American people. My three words are ‘‘excellence,’’ every single nominee? As soon as peo- I do not know anyone who truly be- ‘‘moderation,’’ and ‘‘diversity.’’ ple heard I had voted for 113 of 119 of lieves in their heart of hearts that the I have to give the President credit. the President’s nominees, they said: process works now the way it should. I On criteria one and three, his nominees You have been more than fair. believe most reasonable people looking meet the bill. They are legally excel- So anybody on the other end of Penn- at this process from the outside would lent, by and large. These are not polit- sylvania Avenue who thinks they are agree with me that the process is bro- ical hacks or people who don’t have the going to take a two by four and break ken. But the question now becomes, is brainpower to be excellent judges. The us, we have proven that that is not the it broken without hope of repair?

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.054 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5467 Today I announced that the Judici- an editor of the Law Review at a time fear and without favor. Not once did I ary Committee’s Subcommittee on the when few women entered the legal pro- ever see her attempt to pursue some Constitution will convene a hearing on fession. She received the highest score political agenda in her role as a judge, reform of the broken judicial confirma- on the bar examination. And she was or try to insert her own belief as op- tion process. This hearing will allow extremely successful in the private posed to the intent of the legislature or distinguished Members of the Senate, practice of law for seventeen years be- some precedent from a higher court in on a bipartisan basis, as well as the Na- fore joining the bench. the case at hand. To the contrary, I can tion’s leading constitutional experts, Since she has become a judge about tell you from my personal observation the opportunity to discuss the serious eight years ago, she has served with that Justice Owen feels very strongly constitutional questions raised by the enormous distinction on the Texas Su- that judges are called upon—not as leg- obstruction of judicial nominations. preme Court. In her last election to the islators or as politicians, but as We will address the problems facing Texas Supreme Court, she was en- judges—to faithfully read statutes on the Senate and the Federal judiciary, dorsed by virtually every major Texas the books and interpret and apply and we will consider and debate poten- newspaper, and most recently when she them faithfully in cases that come be- tial solutions and reforms. was reelected she received the vote of fore the court. I can testify from my Yes, I believe two years is too long. 84 percent of those who cast a vote in own personal experience, as her former Specifically, it is too long for a can- the election. colleague and as a fellow justice, that didate as worthy and as qualified as She has the support of prominent Justice Owen is an exceptional judge Justice Priscilla Owen. Of the nomi- Texas Democrats and Republicans who works hard to follow the law and nees currently pending before the Sen- alike, Democrats such as former mem- enforce the will of the legislature. She ate, no one has waited longer than Jus- bers of the Texas Supreme Court, Chief is a brilliant legal scholar and a warm tice Owen for a vote on the Senate Justice John Hill and Justice Gonzales, and engaging person. To see the kind of floor on a judicial nomination—no one. as well as a long list of former presi- disrespect the nomination of such a As a former state supreme court jus- dents of the State bar, and leaders in great Texas judge has received in this tice who served with Justice Owen for the legal profession in my State. The body is disappointing and really be- three years, and now as a member of American Bar Association that pro- neath the dignity, I believe, of this in- the Senate Judiciary Committee which vides some analysis of judicial nomi- stitution. carefully considered and endorsed her nees, an objective analysis, has rated It is hard to recognize the caricature nomination to the Federal bench last her well qualified, a rating that some that opponents of this nominee have month, I firmly believe Justice Owen of my colleagues used to refer to as drawn. Unfortunately, as a Member of deserves to be confirmed to the Court ‘‘the gold standard,’’ but which they the Senate Judiciary Committee who of Appeals for the Fifth Circuit. Of now conveniently choose to ignore. has had a chance now to vote on a course, the Fifth Circuit covers my I simply cannot fathom how any judi- number of President Bush’s nominees home State of Texas as well as the cial nominee can receive all these acco- for the Federal bench, I have seen that States of Mississippi and Louisiana. If lades from opinion leaders, from con- the practice of vilifying and the Senate applies a fair standard, if stituents, from legal experts across the marginalizing and demonizing Presi- we continue to respect our Constitu- political spectrum, unless the nominee dent Bush’s judicial nominees is be- tion, Senate traditions, and the funda- is both an exceptionally qualified law- coming all too common. Indeed, I mental democratic principle of major- yer, a judge who respects the law, and began to wonder whether there are any ity rule, she will be confirmed. a person who steadfastly refuses to in- The arguments of those who oppose good, honorable people with distin- sert his or her own political beliefs into Justice Owen’s nomination can be guished records in the legal profession the judging of cases. summed up in one phrase: Don’t con- or in the judiciary who will submit Based on this remarkable record of their names for consideration by this fuse us with the facts. achievement and success, of eloquent The facts are these: First, the Amer- body, knowing that, regardless of the and evenhanded rulings, it should come ican people are in desperate need of facts, regardless of the truth, they will as no surprise that Justice Owen has highly qualified individuals of the be painted as some caricature not of greatest legal talent and legal minds to long commanded the support of a bi- what they really are, but of what oth- fill the numerous vacant positions on partisan majority of the Senate. ers have cast them to be, when in fact I would like to take a couple of mo- the Federal bench, particularly those the truth is far different, and with no ments to talk about my own personal on the Fifth Circuit Court of Appeals, justification. observations while serving with Justice whose three vacancies are all des- It pains me to see what can only be Owen on the Texas Supreme Court. She ignated judicial emergencies by the called the politics of personal destruc- U.S. Judicial Conference. and I served together on that court for tion played out in the course of the ju- Second, we must ensure that all judi- three years—from the time she joined dicial confirmation process. We can cial nominees understand that judges the court in January 1995 until the and we must do better. must interpret the law as written and time I left the court after serving seven The special interest groups, and the not as judges or special interest groups years in October of 1997. minority in this body—who oppose would like them to be written. In other During those three years, I had the even calling a vote on Justice Owen words, the judiciary must be a means privilege of working closely with Jus- have no real arguments to oppose her by which the laws that are passed by tice Owen. I had the opportunity to ob- nomination, at least none based in fact Congress and signed by the President serve on a daily basis precisely how she or any that would withstand scrutiny are implemented in the daily lives of approaches her job as a judge, how she under any fair standard. Their past the American people. The Constitution thinks about the law, and what she record shows these groups who have does not comprehend nor is it appro- thinks about the job of judging in lit- cast aspersions on many highly quali- priate for judges to serve as a super- erally hundreds, if not thousands, of fied nominees—many of whom cur- legislative body or to serve as another cases. I spoke with and indeed debated rently serve on the Federal bench— legislative branch in a black robe. in conference with Justice Owen on their attacks against judges are simply Of course, when it comes to inter- countless occasions about how to faith- not credible. preting the law faithfully and avoiding fully read and follow statutes and how For example, these opponents of a bi- the pressure of special interest groups, to decide cases based upon what the partisan majority who would vote to Justice Owen satisfies both of these law is—not based on some result we confirm Justice Owen today are the standards with flying colors. She is would like to see achieved. I saw her very same folks who predicted that quite simply, by any measure, an out- taking careful notes, pulling down the Justice Lewis Powell’s confirmation standing jurist. The facts are testi- law books from the shelves and study- would mean that ‘‘justice for women mony to her ability and her intel- ing them with dedication and dili- will be ignored.’’ Justice Owen’s oppo- ligence. gence. I saw how hard she works to nents are the same folks who argued Justice Owen graduated at the top of faithfully interpret and apply what the that Justice John Paul Stevens had her class at Baylor Law School and was Texas legislature had written, without demonstrated ‘‘blatant insensitivity to

VerDate Jan 31 2003 03:56 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.058 S29PT1 S5468 CONGRESSIONAL RECORD — SENATE April 29, 2003 discrimination against women’’ and correct legal interpretation. Indeed, we I remind my colleagues that just last ‘‘seems to bend over backwards to establish courts of multiple members— year, the Democrat-controlled Senate limit’’ rights for all women. Justice nine members—a collegial decision- confirmed Professor Michael McCon- Owen’s opponents are the same folks making body, believing that judges nell to the Federal court of appeals by who testified that confirming David will sometimes disagree, but in that unanimous consent, even though Judge Souter to the United States Supreme decision-making process, that there McConnell, like Justice Ruth Bader Court would mean ‘‘ending freedom for will be a full and fair debate about the Ginsburg and liberal law professors and women in this country’’—the same various positions, about the various in- commentators, has publicly criticized folks who said they ‘‘tremble for this terpretations, and that ultimately ma- the analysis of several Supreme Court country if you confirm David jority rule will win out and a case will rulings, including Roe v. Wade. That is Souter’’—who even described now-Jus- be fully and finally decided. not something, however, that Justice tice Souter as ‘‘almost Neanderthal’’ But when disagreements occur, a Owen has done. and warned that ‘‘women’s lives are at judge may naturally conclude that his Now, don’t get me wrong. I am glad stake’’ if the Senate were to confirm or her own reading of a statute is cor- that Judge McConnell was confirmed. him. rect. That is why they will decide the He is an exceptional jurist who is al- How many times must these irre- case in the way they choose, based on ready proving to be a fine judge on the sponsible and baseless allegations be a belief that their interpretation of a Federal court of appeals. But his case made before we finally say these spe- statute is correct. And, of course, it illustrates the inherent foolishness of cial interest groups have no credibility only follows that if I believe, in decid- using ideological litmus tests when as- when it comes to judicial confirma- ing a case, that my interpretation of sessing the abilities and tions? Their claims about Justice Owen the statute is correct, that the inter- evenhandedness of judicial nominees. are no more accurate and no less pretation of the statute by someone Mr. President, I can tell you from hysterical. It reminds me of the boy who achieves a different result is not personal experience, when you put your who cried wolf. correct. left hand on the Bible, and raise your After these repeated charges and ac- Now, that is not the final word. Obvi- right hand, and take an oath as a cusations and shrill attacks, which ously, the final word is the decision of judge, you change. Your job changes. typically turn out—certainly in the the majority of the court which de- No longer are you an advocate for a cases I mentioned—to be utterly base- cides, for all practical purposes, not particular position in a court of law less and unfair, it makes you wonder necessarily in the abstract, but for all that you hope some court will embrace. just how credible these groups think practical purposes, what the correct re- No longer are you a legislator—assum- they really are, or how long their argu- sult is, so that the people in our States ing you have been a legislator—used to ments will continue to have currency and across the country can know what making the law or affecting public pol- in this body or in the media. the rules are and apply them with some icy in a very stark and direct way. It also makes you wonder whether predictability. Mr. President, when you raise your these groups make their claims not be- I would point out that practically ev- right hand, and put your left hand on cause they actually believe they are eryone with any significant judicial ex- the Bible, and take a sacred oath to true, but in order to achieve their own perience has faced the same criticism perform the duties of a judge, you political aims—in order to defeat that Justice Owen has received in change. And, indeed, Justice Owen has judges nominated by this President, terms of rewriting statute. Yet if Jus- been true to that oath and has faith- who believe that a judge’s role is not to tice Owen’s opponents are to be taken fully discharged her responsibilities as be an activist in a black robe or a super seriously, any judge who has been criti- a judge, and will do so on the Fifth Cir- legislator. But I believe these shrill at- cized of rewriting a statute is presump- cuit Court of Appeals if this body tacks are made with one purpose and tively unfit for the Federal bench. As I would simply vote on her nomination. one purpose only—to scare people and pointed out at Justice Owen’s con- to support unsubstantiated and base- firmation hearing last month, such an I want to spend a few moments talk- less attacks against highly qualified absurd standard would exclude prac- ing about filibusters. nominees like Justice Owen. tically all of her current and past col- Clearly, debate is important. In a In the case of Justice Owen, their at- leagues on the Texas Supreme Court. body such as the Senate, this is one tacks are true to form. And they con- Such an absurd standard would also place where we know if there is a dif- form to their past patterns and prac- disqualify numerous members of the ference of opinion on any issue, if there tices—for they are like their attacks of U.S. Supreme Court, people with whom are competing points of view, that the past, unfair and without founda- Justice Owen’s opponents are known to there will be a full debate. Debate is, tion either in fact or in law. For exam- agree. For example, in 1971, Justice indeed, the only way to ensure we ple, some of Owen’s detractors claim Hugo Black and William O. Douglas make known to each other our views she rewrites statutes in order to fur- sharply criticized Justices William and our values. It is the only way to ther her own political agenda. That is Brennan, Harry Blackmun, and others, ensure we have the opportunity to a pretty incredible charge in light of stating that the ‘‘plurality’s action in make our arguments known and to re- her ABA rating of well qualified, which rewriting this statute represents a sei- spond to the arguments of others; to was unanimous, her strong bipartisan zure of legislative power that we sim- appeal to the public and reasonable backing, and her enthusiastic support ply do not possess.’’ people who will assess those arguments from Texans, people who know her In a 1985 decision, Justice John Paul and achieve or arrive at a judgment on best. It is also a baseless charge. Stevens accused Justices Lewis Powell, their own about what they believe, To ostensibly prove their point, Jus- Sandra Day O’Connor, and Byron what they do not believe, which argu- tice Owen’s opponents point out that White of engaging in ‘‘judicial activ- ments have value and which have no on occasion, other justices on the ism.’’ value, which arguments are supported Texas Supreme Court have written Countless other examples pervade the by facts or evidence and which are opinions saying Justice Owen some- U.S. Reports. baseless. It is the only way to ensure times was rewriting statutes in order Would Justice Owen’s opponents and that each of us can be convinced we to achieve a particular result. That is detractors apply the same standard and have been given at least the oppor- an absurd standard to apply in a Sen- exclude those Justices with whom they tunity to persuade others and to appre- ate confirmation, for reasons I will de- tend to agree from Federal judicial ciate the wisdom of our respective posi- tail now. All judges of good faith strug- service? Of course not. It is a double tions. gle to read statutes and other legal standard. It applies to Justice Owen But for democracy to work, and for texts carefully, and faithfully. but not to judges who they would pre- the fundamental democratic principle In close and difficult cases—and the fer. But fairness only dictates that Jus- of majority rule to prevail, the debate docket of the Texas Supreme Court is tice Owen not be made to suffer from must eventually end, and we must chock full of them—judges will often an absurd and unreasonable double eventually bring matters to a vote. As disagree about the proper and most standard. Senator Henry Cabot Lodge famously

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.060 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5469 said about filibusters: ‘‘To vote with- Owen, something that has never hap- I yield the floor. out debating is perilous, but to debate pened before to a circuit court nomi- The PRESIDING OFFICER (Mrs. and never vote is imbecile.’’ nee. DOLE). The Senator from Massachu- So let’s have a debate about this ex- I hope we have a good, vigorous de- setts. ceptional nominee. And after we have bate on this nomination because I be- Mr. KENNEDY. Madam President, I had the debate, let’s vote. There should lieve that by any measure Justice welcome the opportunity to address not be a filibuster. A minority of the Owen is an exceptional judge and an the issue about the qualifications of Senate should not try to impose what exceptional human being who deserves Priscilla Owen to serve on the Fifth is in effect a supermajority require- confirmation. Circuit of the United States. ment for confirming judicial nominees, I am confident that, at the end of the In considering this nominee, particu- operating under the constant threat of debate, if Members of the Senate really larly in the wake of the recent com- filibuster. want to know what the facts are, as op- ments of my friend from Texas, it is The Constitution makes clear when posed to the caricature that has been worthy to point out that there have the Founders intended to require a drawn of Justice Owen by special inter- been 119 nominations for the Federal supermajority of this body to act. It est groups intent on vilifying, bench, including the Court of Claims, specifies that two-thirds of each House marginalizing, demonizing a good and either for the district or the circuit shall be necessary to override a Presi- decent human being, that if we were al- court, over the period of this President. dential veto on legislation, and that lowed to have a vote, we would have a We have had one, Mr. Pickering, who two-thirds of each House shall be nec- strong bipartisan majority that would was defeated a year ago and who was essary to amend the Constitution, sub- support her nomination. renominated by the President. There is ject to the ratification by the people. It I hope no matter what the outcome, Priscilla Owen now before the Senate. provides that two-thirds of the Senate we will come to an end of the debate, But there has only been one, according shall be necessary to convict an officer and we will simply do what the people to my calculations, Miguel Estrada, pursuant to an impeachment trial, and of our respective states sent us here to where sufficient questions have been that two-thirds of the Senate shall be do, and that is to vote. raised as to his commitment to the necessary to consent to the ratification I would not ask the Senate to depart core values of the Constitution, where of treaties. from its traditions of fairness in this that issue is still before the Senate. That is an extraordinary response by It does not say that a supermajority case. By any fair measure, Justice the Senate in considering favorably the shall be necessary to confirm a Presi- Owen is an exceptional judge and ex- series of nominees by this President. I dent’s judicial nominees. And it is well- ceptional nominee. I am confident she don’t know the course of our history, settled and well-established law, as a will not only maintain the strong bi- but this certainly has to be one of the matter of both Senate practice and Su- partisan majority she has in support of most favorable records, certainly of preme Court precedent, that majority her nomination, but that it will grow any recent times, of response by the rule is the norm, whenever the text of as Senators examine the record, test Senate in approval of the President’s the Constitution does not expressly some of the allegations made against nominees. provide otherwise. her, and find them without substan- I listened to my friend and colleague The Constitution vests the advice- tiation, without justification; that if talk about the importance of Priscilla and-consent function in the entire Sen- what we are really interested in is find- Owen being able to finally get a vote ate, not just in the Senate Judiciary ing the truth about this nominee, and on her nomination. I was thinking Committee. During the last Congress, determining whether she will uphold about the recent history of the time the Senate Judiciary Committee re- the oath she has taken and that she when my friend from Utah, Senator fused to report Justice Owen’s nomina- will take as a judge on the circuit HATCH, was chairman of the Judiciary tion out to the entire Senate. The com- court, she will be confirmed. Committee. We had three nominees for mittee, it should be obvious, does not I hope this body will abide by the the Fifth Circuit: H. Alston Johnson, speak for the entire Senate. Indeed, the Constitution as written, and not im- Enrique Moreno, and Jorge Rangel. All committee itself could have reconsid- pose some supermajority requirement three individuals were never given a ered the nomination and could have re- where the Constitution requires none, vote under the Republican committee ported Justice Owen to the floor even and where the Supreme Court and Sen- and the Republican Senate. These are after it had previously refused to do so. ate traditions and the fundamental truly outstanding individuals. The Constitution requires elections principle of majority rule dictate a ma- It is important to have some under- to make sure that the Senate remains jority vote on this nominee, not a 60- standing of history in terms of who has accountable to the people. To insist vote supermajority. permitted votes to take place and who that a new Senate cannot, after an in- As long as the Senate applies a fair has failed to permit even these well- tervening election, reconsider legisla- standard to this nominee, I have no qualified individuals, in this instance, tion or a nomination rejected by a pre- doubt Justice Owen will be confirmed. just on the Fifth Circuit. I am not tak- vious Senate is to reject the very prin- Now nearly two years have passed ing the time of the Senate to list them ciple of democracy and accountability. since she was nominated to the Federal all. I know Senator LEAHY has done Accordingly, there is no Senate tra- bench. The Senate should vote to con- this at other times. dition that forbids the President from firm her immediately. I also refer to the history of the Sen- renominating an individual previously We ask judges to be fair, to be impar- ate to provide some awareness of back- rejected by the full Senate, let alone by tial in deciding cases, to show neither ground. The claim that it is unprece- the Senate Judiciary Committee. Quite fear nor favor. But certainly the re- dented to filibuster a court of appeals to the contrary, there is a wealth of quirement of fairness does not end in nomination is false and hypocritical. precedent for such re-nominations. the judicial branch. It also applies to Since 1980, cloture motions have been As recently as 1997, the Senate Judi- the Congress and to the Senate in per- filed on 14 court of appeals and district ciary Committee refused to report Bill forming our responsibilities. Certainly court nominations. Lann Lee to the entire Senate. Yet you would think it is self-evident that Recently, Republicans filibustered, President Clinton not only renomi- it should apply in confirming judicial in the year 2000, in an attempt to block nated Lee in subsequent sessions of the nominees. Our current state of affairs the nomination of Richard Paez, a His- Senate, he even gave Lee a recess ap- is neither fair nor representative of the panic, and Marcia Berzon, onto the pointment in 2000 without triggering sentiment of a bipartisan majority of Ninth Circuit. This is after Richard substantial opposition from the Sen- this body. Paez had been waiting 4 years due to ate. The distinguished Senator from Ne- anonymous holds by Senate Repub- I am not asking for the Senate to de- vada has said that, when it comes to licans. Bob Smith openly declared he part from its traditions. Indeed, the setting the hours of debate, ‘‘there is was leading a filibuster, and he de- only departure from tradition that is not a number in the universe that scribed Senator SESSIONS as a member occurring today is the filibuster of would be sufficient.’’ I say two years is of his filibustering coalition. Even Sen- Miguel Estrada and now Priscilla more than sufficient. ator FRIST was among those voting

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.063 S29PT1 S5470 CONGRESSIONAL RECORD — SENATE April 29, 2003 against cloture on the Paez nomina- mous vote of the Judiciary Committee. strongly worded. What stands out here tion. She could be approved this afternoon. are the frequent statements by her own So requiring cloture on judicial That would bring the number up to 121. colleagues on the court that Justice nominations is not an Earlier today the Senate narrowly Owen puts her own views above the extraconstitutional event. The Senate voted to confirm Jeffrey Sutton to a law, even when the law is crystal has the role of advise and consent on lifetime appointment on the Sixth Cir- clear—she does this repeatedly in cases judicial nominations, and the Constitu- cuit. Like far too many of President involving the rights of plaintiffs, or of tion leaves it to the Senate to carry Bush’s nominees, he was opposed by a young women seeking to exercise their out its responsibility in accordance broad array of citizens from across the right to choose. with its own rules. Requiring cloture country because there were many at- Take Alberto Gonzales, her former to end debate on a nomination is per- tempts to roll back rights and protec- colleague on the court, who is now mitted under Senate rule XXII. The tions for people with disabilities, President Bush’s counsel in the White right of Senators to speak on the floor women, minorities, and older workers. House. In one of her cases involving the at length is central to the Senate’s The drumbeat goes on. This after- interpretation of Texas’ parental noti- role. noon we begin debate on yet another fication statute, Justice Gonzales ac- I ask the Senate to listen to the his- extremely controversial nominee— cused Justice Owen of ‘‘an unconscion- tory of the Senate on nominations. In Priscilla Owen. It is shameful and able act of judicial activism.’’ In these the first decade of the Senate’s history, shocking that the administration is so parental notification cases, Justice the Founders rejected a rule providing bent on packing the courts with nomi- Owen repeatedly grafts barriers to re- for a motion to close debate, and for nees such as Jeffrey Sutton and Pris- strict a young woman’s right to the rest of our history, our rules have cilla Owen, who are so clearly hostile choose. She inserts new standards that provided that debate, which is the life- to the rights and protections that are are based on her own views and not on blood of our power, cannot easily be so important to vast numbers of Amer- the clear language of the statute. cut short. For 111 years, unanimous icans. At her hearing, Justice Owen and consent was required to end debate in Many well-qualified, fairminded some of my Republican colleagues sug- the Senate. Until 1975, a two-thirds ma- nominees could easily be found by this gested, for the first time, that Justice jority was required. Now it is only 60 administration if they were willing to Gonzales was not referring to Justice votes that are required. Until 1949, de- give up their rightwing litmus test. I Owen and the other dissenters when he bates on nominations could not be cut have mentioned two who are pending accused Justice Owen of ‘‘unconscion- off at all. that we could be considering at this able activism’’ It is interesting to note the history very moment. That isn’t credible. Justice Gonzales of the rules as they have applied to Priscilla Owen, I don’t believe should wrote a separate concurring opinion nominations historically when we are be favorably considered. Her record on specifically to defend the majority’s considering controversial nominees. I the Texas Supreme Court is one of ac- opinion and to dispute the positions daresay if we look at the record tivism, unfairness, and hostility to fun- taken by the dissenters. He emphasized today—it is my understanding that damental rights. I am particularly con- that the majority’s opinion was based there is only one of President Bush’s cerned about her record on issues of on the language of the Parental Notifi- judicial nominations that we have so major importance to workers, con- cation Act as written by the Texas far blocked on the Senate Floor, and sumers, victims of racial discrimina- Legislature, and said: that is Mr. Estrada, which is because of tion or gender discrimination, and [O]ur role as judges requires that we put the failure of the Administration to women exercising their constitutional aside our own personal views of what we provide key documents from his time right to choose. might like to see enacted, and instead do our in the Solicitor General office so that Justice Owen is one of the most fre- best to discern what the legislature actually we can be able to understand Mr. quent dissenters on her court in Texas intended. Estrada’s commitments to the core in cases involving workers, consumers, Justice Gonzales went on to say that, values of the Constitution. and victims of discrimination. That she contrary to the legislature’s intent: It was interesting as well that earlier dissents from this court so frequently [T]he dissenting opinions suggest that the in the day our leaders requested that is immensely troubling. This court is exceptions to the general rule of notification there be an opportunity to consider dominated by Republican appointees should be very rare and require a high stand- Judge Edward Prado, a nominee to the and is known for frequently ruling ard of proof. I respectfully submit that these Fifth Circuit, who is on the registrar, against plaintiffs. Yet when the court are policy decisions for the Legislature. to see whether we could move ahead rules in favor of plaintiffs, only one It is this narrow construction of the with that nominee. There was objec- member of the court, Justice Hecht, statute, put forward by the dissenters tion that was filed, as I understand it, has dissented more often than Justice that Justice Gonzales criticizes as un- by the Republicans. He is a Republican. Owen. conscionable activism. It is obvious— We may not all agree with his views or In her dissents, Justice Owen raises beyond any reasonable doubt—that his rulings, but in his time on the new barriers to limit the role of juries Justice Gonzales is referring to the bench he has shown that he is com- in product liability cases, personal in- opinions of the dissenters, including mitted to the rule of law and not to re- jury cases, and narrowly construes em- Justice Owen. shaping the law to fit a rightwing ide- ployment discrimination laws. She has Similar criticisms of Justice Owen ology. There is not a single letter of limited the time period for minors to appear repeatedly in other opinions of opposition against him, and he is ready remedy medical malpractice. She has the Texas court. to be voted on by the full Senate. Sen- limited the ability of individuals to ob- A striking example of the lengths ator DASCHLE, Senator REID, and oth- tain relief when insurance companies Justice Owen will take to narrow rem- ers have indicated—the Judiciary Com- unreasonably, and in bad faith, deny edies for plaintiffs is found not in a dis- mittee on our side has indicated—they claims. Justice Owen’s many dissents sent, but in a disturbing concurrence in were prepared to vote on him earlier reveal a pattern of far-reaching deci- a case called GTE v. Bruce. today. But an objection was raised. sions to limit remedies for workers, In this case, three employees sued Nominees such as Judge Prado should consumers, and victims of discrimina- GTE for intentional infliction of emo- get our full support, but nominees such tion or personal injury. tional distress because of constant as Priscilla Owen should not. What is also very striking is the level humiliating and abusive behavior of There is also Judge Cecilia Altonaga. of criticism of Justice Owen’s opinions their supervisor. The supervisor har- She would be the first Cuban American by her colleagues on the court, and ef- assed and intimated employees, includ- woman on the Florida district court. I forts to explain these criticisms away ing through daily use of profanity; understand she could be considered fa- are unconvincing. screaming and cursing at employees; vorably and passed as the first Cuban We all know judges are often critical charging at employees and physically American woman to serve on the Flor- of the reasoning of their colleagues, threatening them; and humiliating em- ida district court. She had a unani- and occasionally these opinions can be ployees by, for instance, making an

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.066 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5471 employee stand in front of him in his privacy and equal protection under nominations. It is clear that our duty office for as long as 30 minutes while he law. is to be more than to rubber-stamp. stared at her. The employees suffered Not long ago, the Fifth Circuit was I urge my colleagues to vote against from severe emotional distress, ten- hailed as a brave court for protecting Priscilla Owen’s nomination. sion, nervousness, anxiety, depression, civil rights. When Congress passed the I suggest the absence of a quorum. loss of appetite, inability to sleep, cry- Civil Rights Act in 1964 and the Voting The PRESIDING OFFICER (Mr. AL- ing spells and uncontrollable emo- Rights Act in 1965, many States and lo- EXANDER). The clerk will call the roll. tional outbursts as a result of his be- calities in the South resisted these The legislative clerk proceeded to havior. They sought medical and psy- measures. Federal judges such as El- call the roll. chological help because of their dis- bert Tuttle, Frank Johnson, and John Mr. MCCONNELL. Mr. President, I tress. Minor Wisdom, all Republican ap- ask unanimous consent the order for GTE argued that the employees could pointees, helped to make real the the quorum call be rescinded. not pursue an intentional infliction of promise of legal equality that was con- The PRESIDING OFFICER (Mr. TAL- emotional distress claim in court. They tained in these important Federal stat- ENT). Without objection, it is so or- said that the employees’ remedies were utes. It is particularly important that dered. limited to worker’s compensation. a judge appointed to this Court show a Mr. MCCONNELL. Mr. President, ear- Eight justices on the Texas court commitment to civil rights and to up- lier today Senator HATCH asked con- agreed that the Worker’s Compensa- holding constitutional safeguards for sent for a time certain for a vote on tion Act did not bar the plaintiffs’ all Americans. I do not believe that the pending Owen nomination. There claims. These justices concluded that Justice Owen is in that proud tradition was an objection from the other side of the actions of the supervisor when of independence and fairness. the aisle. looked at as a whole were so extreme Justice Owen’s nomination has in- I make further inquiry of the assist- and outrageous as to support the jury’s cited a great deal of opposition from a ant Democratic leader if there is still verdict of intentional infliction of emo- broad range of citizens and groups in an objection to limiting debate on this tional distress. Justice Owen, alone, her home State of Texas. Those indi- nomination. I yield to him for a re- wrote a separate opinion. While she viduals who have observed her on the sponse. agreed that there was more than a Texas court, who have been harmed by Mr. REID. Mr. President, I say ‘‘scintilla of evidence’’ to support the her rulings, have written to us in through you to the distinguished Sen- jury’s finding that the supervisor in- droves opposing her appointment to ator from Kentucky, I don’t think we tentionally inflicted emotional distress the Fifth Circuit. These include the can work out any time agreement. I on the plaintiffs, she declined to join Gray Panthers of Texas, the National have said so publicly. There have been the court’s opinion because ‘‘most of Council of Jewish Women of Texas, the a number of statements on the floor the testimony that the court recounts Texas AFL–CIO, the Texas Civil Rights today. As I told Senator HATCH, there is legally insufficient to support the Project, and the Texas Chapter of the simply would be no time agreement verdict.’’ Justice Owen then lists all National Organization for Women. At ever on Priscilla Owen. the supervisor’s behavior that is not a least 20 attorneys who practice in Mr. MCCONNELL. Mr. President, basis for sustaining a cause of action. Texas have written expressing their op- today we spent a good deal of time de- Justice Owen, alone among all the position. A broad range of environ- bating the nomination of Justice Pris- justices, felt the need to write sepa- mental groups also oppose her nomina- cilla Owen. Prior to today, we debated rately to adopt as narrow a construc- tion. her nomination for 2 other days, so for tion as possible of a plaintiff’s right to The issues at stake with Justice 3 days of valuable legislative time our recover for a supervisor’s outrageous Owen’s nomination go beyond partisan colleagues have had the opportunity to and harassing conduct. Justice Owen games. This debate is about lifetime come to the floor and debate. We in- argued at her hearing last July, and appointments of courts that decide tend to continue this debate for an- again at her most recent hearing, that cases that shape the lives of all Amer- other 2 days. But the debate must come she wrote separately simply to make ican people. Our Federal courts have to a reasonable end, so I am filing a clear that no plaintiff could recover for made real the fundamental rights guar- cloture motion this evening so we can any one of these individual actions anteed by the Constitution and by Fed- vote to close debate later this week. standing alone. This is not, however, eral laws. Federal courts are the back- I think we will be ready to vote. what Justice Owen’s opinion says. Her bone of our pluralistic democracy, After all, Justice Owen was nominated opinion draws no such distinction. Fur- helping to ensure that black children by the President 2 years ago next week. thermore, it is clear from the majority have the same access to education as She has had two hearings before the opinion that the standard is whether white children, that a disabled woman Judiciary Committee, over 30 edi- the supervisor’s actions ‘‘taken as a has the appropriate workplace accom- torials have been written about her whole’’ are sufficient to sustain a modation so that she can help provide nomination, and nearly all in support claim. Not only is Justice Owen’s opin- for her family, and that our children of her confirmation, including the ion troubling, but her answers to the can breathe clean air and drink clean Washington Post on three—three—sep- concerns raised seem less than candid. water in their communities. Because arate occasions. There have been Justice Owen’s record is particularly the Supreme Court takes less than 100 countless op-eds and news articles. troubling given the range of important cases, many of the cases most impor- Senator SCHUMER asked earlier today issues that come before the Fifth Cir- tant to Americans are decided by lower if we on this side of the aisle expected cuit. The Fifth Circuit is one of the court judges. the Senate to be a rubberstamp for the most racially diverse circuits, with a The basic values of our society— President’s nominations. The answer, large number of Latinos and African- whether we will continue to be com- of course, is we do not. We do expect Americans. The States in the Fifth Cir- mitted to equality, freedom of expres- the Senate to do what the Constitution cuit are also among the poorest. It is sion, and the right to privacy—are at contemplates, and that is to vote; to vital on this court in particular that a issue in each of these controversial vote yes or no but to vote. judge is fair to workers, victims of dis- nominations. If the administration We also expect the Senate to do the crimination, and the personal injury continues to nominate judges who right thing by the Constitution, by this victims that come before the court. would weaken the core values of our nominee, and by the President of the Those who contend that we oppose Jus- country and roll back the laws that United States who nominated her. tice Owen simply because she is a Re- have made our country a more inclu- CLOTURE MOTION publican appointee miss the point. I op- sive democracy, the Senate should re- Mr. MCCONNELL. Mr. President, I pose her because I believe she will put ject them. send to the desk a cloture motion. her own view above the law in cases re- No President has the unilateral right The PRESIDING OFFICER. The mo- garding the basic and fundamental to remake the judiciary in his own tion having been presented under rule rights on which all Americans have image. The Constitution requires the XXII, the Chair directs the clerk to re- come to rely, including the right to Senate’s advice and consent on judicial port the cloture motion.

VerDate Jan 31 2003 03:56 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.014 S29PT1 S5472 CONGRESSIONAL RECORD — SENATE April 29, 2003 The legislative clerk read as follows: ways dreamed of doing. Americans ev- boot camp just a few weeks after grad- CLOTURE MOTION erywhere should be as proud of him as uating from Lincoln High School, in We the undersigned Senators, in accord- his family. San Diego, last June. He was just 19 ance with the provisions of rule XXII of the Marine Sgt Duane Rios: Remembered years old. standing rules of the Senate, do hereby move as a gentle giant, as a light-hearted It was only 3 years earlier that, after to bring to a close debate on Executive Cal- person with an infectious laugh, 6-foot- moving from one San Diego group endar No. 86, the nomination of Priscilla R. 3-inch Duane Rios was killed in combat home to another, the artillery spe- Owen of Texas to be United States Circuit on the outskirts of Baghdad, on Friday, cialist found a foster mother who he Judge for the Fifth Circuit. April 4. He was a squad leader for the called mom. Senators William Frist, Tom Hatch, Kay Bailey Hutchison, John Cornyn, Mitch 1st Combat Engineer Battalion of the ‘‘I’m honored to talk about him,’’ his McConnell, Jon Kyl, Wayne Allard, 1st Marine Division, from Camp Pen- foster mother Evelyn Houston said. Sam Brownback, Jim Talent, Michael dleton, CA. ‘‘He was a strong spirit. He was cool, Crapo, Gordon Smith, Peter Fitzgerald, Raised in Indiana by his grand- but compassionate, and always con- Jeff Sessions, Lindsey Graham, Lincoln mother, Rios graduated from Griffith cerned about everyone’s well-being.’’ Chafee, and Saxby Chambliss. High School in 1996. It was there that He joined the military in order to Mr. MCCONNELL. For the informa- he met his future bride, Erica, who, pay for his education—his goal was to tion of all Senators, this cloture vote upon hearing of her husband’s death, be a writer and a teacher. will occur on Thursday of this week. I told the San Diego Union Tribune that In a letter he sent to his family last now ask unanimous consent the live ‘‘there’s no way he’d leave me behind month, Private Jones described his life quorum under rule XXII be waived. knowing I couldn’t take it. . . . He was in the desert. ‘‘Sometimes I just look The PRESIDING OFFICER. Without a great guy, none better. . . . He did his into the sky at the stars and wonder objection, it is so ordered. job with pride because it was some- what you all are doing, and smile. f thing that he felt was right.’’ ‘‘Hold on, be patient,’’ he concluded, She recalled how much they loved ‘‘and know there is a reason for every- MORNING BUSINESS the view of the ocean at San Clemente, thing.’’ Mr. MCCONNELL. Mr. President, I walking their dog on the beach, and GySgt. Jeffrey Bohr: 39-year-old Ma- ask unanimous consent the Senate pro- watching the sunset. Her strength, rine GySgt. Jeffrey Bohr, who was ceed to a period of morning business. along with her husband’s sacrifice, killed in downtown Baghdad during a 7- The PRESIDING OFFICER. Without should serve as an inspiration to us all. hour shootout outside a mosque, had objection, it is so ordered. Marine 1stSgt Edward C. Smith: A 38- been in the military his entire adult f year-old native of Chicago, Sgt Edward life. He joined the Army fresh of high Smith had served in the U.S. Marine school in Iowa, where he rode horses HONORING OUR ARMED FORCES Corps for 20 years, and had served for 4 and played football, but switched to Mrs. FEINSTEIN. Mr. President, years as a reserve officer for the police the Marine Corps 5 years later. with the dramatic and precipitous fall department of Anaheim, CA. His hope A large, broad-shouldered man of many Iraqi cities, including Bagh- was to retire from the Marines and be- known for his boundless energy—he dad, the military conflict in Iraq is all come a full-time police officer. He died could run all day with the younger Ma- but officially over. in Qatar, of combat injuries sustained rines he commanded—Sergeant Bohr Isolated pockets of resistance still in central Iraq, on April 5. was also quiet and down-to-earth. exist and there is the looming threat of A veteran of Operations Desert He lived with his wife Lori in San suicide bombings, as happened last Fri- Storm and Desert Shield, Sergeant Clemente, CA, and loved reading his- day at an ammunitions depot. But we Smith received many commendations, tory and John Grisham novels and tak- can now proclaim that the barbarous including the Navy Commendation ing his two boxers, Tank and Sea Czar, regime of Saddam Hussein and his Medal and two Navy Achievement Med- on 10-mile runs. He was also a diehard Ba’ath Party has finally come to an als Oakland Raiders fan. end. After graduating from the Palomar The last time Sergeant Bohr called As the military aspect subsides, the Police Academy with the ‘‘Top Cop’’ Lori was a little over a month ago—he number of casualties—United States, award, Sergeant Smith went on to re- spoke of sandstorms and his belief that coalition, and Iraqi—is also dimin- ceive such honors as the Rookie of the they would make good parents. ishing. And this, clearly, is wonderful Year for the Anaheim Police Depart- Lori’s brother, Craig Clover, called news. Still, regrettably, there have ment and the Orange County Reserve Sergeant Bohr ‘‘a stand-up guy—do it been those over the last few weeks who Police Officer of the Year in 2001. by the rules. For a friend or family, have made the ultimate sacrifice, some His coworkers in Anaheim remember he’d do anything . . . and he loved the of them with close ties to California. I Edward as a gentleman and a profes- military.’’ would like to take a moment to honor sional. He would send them e-mails and Marine LCpl Donald Cline Jr.: The these brave and selfless individuals. makeshift postcards made from empty same was true with 21 year-old LCpl Marine Cpl Jesus Medellin: On April MRE containers—one which promised Donald Cline, Jr., who was listed as 7, 21-year-old Jesus ‘‘Marty’’ Medellin that he would wear his SWAP cap into missing in action just over 1 month was killed when an enemy artillery Baghdad. ago, yet the Department of Defense shell struck his vehicle. The second of Sergeant Smith leaves behind his confirmed last week that he had died in four boys from a very close family from wife Sandy and three young children, combat outside the city of Nasiriyah, Fort Worth, TX, Medellin was remem- Nathan, Ryan, and Shelby. At a news in southern Iraq. bered as a warm and relaxed family conference held at the Anaheim police Born in Sierra Madre, CA, Corporal man who was active in local church. department, Ryan, an extraordinarily Cline moved to the town of La As soon as he graduated from W.E. mature 10-year-old, talked about how Crescenta, where he attended the pub- Boswell High School, in the year 2000, their father was always there when lic schools there until moving to he went straight to Marine boot camp, they needed help. Sparks, NV. It was there that he met having decided to do so when only 12 ‘‘It made me feel so good,’’ the boy his future wife Tina. They had two years old. ‘‘There’s no prouder way of said. ‘‘He was the best dad you could children together Dakota, 2, and losing someone than through serving ever have. I miss him a lot.’’ Dylan, who is only 7 months old. their country,’’ said his father, Freddy Police Sgt. Rick Martinez, one of 100 Sgt Troy Jenkins: On April 19, in an Medellin, Sr., who was prevented from colleagues who turned out to support extraordinary act of heroic selflessness joining the military because of phys- the Smith family, noted that ‘‘we all and sacrifice, 25-year-old Sgt Troy Jen- ical problems. fell in love with his children. Edward’s kins threw himself on a cluster bomb As part of the 3rd Assault Amphibian got to be so proud right now.’’ just before it detonated. As a result, he Battalion, First Marine Division, based And so America is so very proud of saved the lives not only of several sol- in Camp Pendleton, CA, Cpl Jesus Sergeant Smith. Army Pvt. Devon D. diers in his regiment—the 187th Infan- Medellin died doing what he had al- Jones: Army Pvt. Devon Jones left for try—but of a 7-year-old Iraqi girl.

VerDate Jan 31 2003 03:56 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.081 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5473 Raised by his father in Evergreen, motor scooters out of lawnmower en- Cpl Jesus Gonzalez, age 22, was killed AL, Sergeant Jenkins loved roaming gines, Sergeant Marshall graduated on April 12 in Baghdad. He was as- the woods, fishing, and music. He from Washington High School in 1972 signed to the 1st Tank Battalion, 1st joined the Marines just before grad- and enlisted in the Army. Marine Division, Twentynine Palms, uating from high school, in 1995, and He went on to serve during the Viet- CA. He was born in Mexico and moved later transferred to the Army. He also nam war, in South Korea and Germany, with his family to Indio, CA, 10 years served in Afghanistan and was plan- and he was a veteran of Operation ago. He was known as ‘‘Hugo’’ by his ning to leave the service this summer, Desert Storm. At the time of his death, friends and family. He was a soft-spo- with the hopes of joining the California he was commanding a platoon of 40 ken activist in his short life, marching Highway Patrol. men from the 3rd Infantry Division, in a Gulf War protest in 1992 and orga- His reason for wanting to leave the based at Fort Stewart, GA. nizing a walk-out at his high school to military was so that his wife Amanda According to his mother Odessa, ‘‘He support immigrant rights. However, and their two children, ages 4 and 2, wasn’t there to pass the time; he was when he was called to duty, he did not wouldn’t be alone again. Amanda was there to do a job.’’ hesitate to fulfill his orders. He is sur- not surprised by the circumstances of His wife Denise told the Los Angeles vived by his wife, his 2-year-old daugh- his death. ‘‘He didn’t have a selfish Times: ‘‘He knew it was dangerous. He ter, and his parents. bone in his body,’’ she said. ‘‘He was al- didn’t run from anything.’’ And we should also remember that SSgt Riayan A. Tejada, age 26, was ways thinking of other people first.’’ 50-year-old Sergeant Marshall was as killed on April 11 during combat oper- That was demonstrated, well beyond ations in northeast Baghdad. He was the call of duty, when he willingly gave devoted to his family as he was to his country. He leaves behind two sons and assigned to the 3rd Battalion, 5th Ma- his own life to save those of his fellow a daughter, ages 12, 13, and 14. rine Regiment, Camp Pendleton, CA. soldiers and a little girl. In one of the last e-mails he sent to He was from New York City. He moved 1LT Osbaldo Orozco: 1LT Osbaldo his family, he noted: ‘‘I am not a politi- from the Dominican Republic to the Orozco, just 26 years old, was killed in cian or policy maker, just an old sol- United States in 1989. After graduating Tikrit, Iraq, when his Bradley tank, dier.’’ from high school, he enlisted in the rushing to defend a checkpoint under Well, we politicians and policy- Marines. He is survived by his parents fire, flipped over as it moved into a po- makers must not forget any of these and two children. sition to return fire. heroes, regardless of their age, rank, LCpl David Edward Owens, Jr., age Strong, tall and fast, Lieutenant religion, sex, or ethnic background. To- 20, died from a chest wound inflicted Orozco was a star football player, both gether, they embody the diversity and during combat on April 12 in Baghdad. at Delano High School, in Delano, CA, consummate professionalism of Amer- He was assigned to the 3rd Battalion, and later at California Polytechnic ica’s Armed Forces. 5th Marine Regiment, 1st Marine Divi- State University, San Luis Obispo. At We all hope and pray for the time sion, Camp Pendleton, CA. He was from college, he was voted ‘‘Linebacker of when there will be no more casualty Winchester, VA. He graduated from the Year,’’ was named as a Division II lists—when there will no longer be a James Wood High School in 2000. He All-American, and racked up over 300 need to recount stories of courageous loved hunting and athletics and was a tackles. He gave up the opportunity to men and women who willingly sac- wrestler and football player in high go pro by choosing to enter the Army. rificed their own lives, and irrevocably school. He joined the Marines with the He married his high school sweet- changed the lives of their families, long-term goal of a career in law en- heart Mayra in 2001. ‘‘He commanded their spouses, and children, in order to forcement. At his funeral service, he four Bradleys and he loved it,’’ she overthrow Saddam Hussein and lib- became the first person ever given an said. ‘‘He was ready to go and do his erate the people of Iraq. honorary appointment to the Virginia job. They all were.’’ Clearly, this conflict was a signal State Police. He is survived by his par- Lieutenant Orozco is also survived by military success, and the casualties ents. his parents, Jorge and Reyes Orozco, were kept relatively small. I could not Cpl Jason David Mileo, age 20, was and five brothers, all over 6 feet tall. be prouder of the stellar performance killed on April 14 in Iraq. He was as- Together, they spoke with great pride of our Armed Forces. signed to the 3rd Battalion, 4th Marine of Osbaldo’s many accomplishments— But we must never forget to honor Regiment, 1st Marine Division, academic and athletic—and those spe- every single loss, to pay our deepest re- Twentynine Palms, CA. He was from cial leadership qualities that so en- spects and offer our deepest sympathies Centreville, MD. He was a 2000 grad- deared him to the men he commanded. to those left behind, to those whose uate of Chesapeake High School in SFC John W. Marshall: SFC John worlds have been so completely Pasadena, MD. He is survived by his Winston Marshall was a 30-year vet- changed—and changed forever. parents. eran of the U.S. Army—a career soldier Mrs. BOXER. Mr. President, as we to the core. He grew up in Los Angeles pray for all those who are in harm’s Army SGT Troy David Jenkins, age and kept close family ties in the area. way, I rise to pay tribute to seven addi- 25, died on Friday, April 24, from inju- His parents, Odessa and Joseph, live in tional young Americans who were ries sustained during combat. He was Sacramento. killed in the Iraqi war. from Ridgecrest, CA. He was assigned It is worth noting that both his par- I have made it a priority of mine to to the B Company, 3rd Battalion, 187th ents served in World War II, in many come to the Senate Chamber to read Infantry Regiment, Fort Campbell, KY. ways as trailblazers for African Ameri- the names of the fallen military per- Army 1LT Osbaldo Orozco, age 26, cans in the armed services. His mother sonnel who were from California or was killed in Iraq on April 25. He was served as a nurse in England and his fa- were based in my State. So far, 41 indi- from Delano, CA. He was assigned to C ther as a quartermaster. viduals have died who are connected in Company, 1st Battalion, 22nd Infantry Because of his 30 years of distin- some way to California. Regiment, Fort Hood, TX. He was a guished service, Sergeant Marshall was GySgt Jeffrey Edward Bohr, age 39, star football player at Delano High eligible to leave the Armed Forces with was killed on April 10 during a shoot- School and later played football at Cal full retirement benefits and had, in out in downtown Baghdad. He was as- Poly San Luis Obispo, where he at- fact, planned to retire last year. Yet he signed to the 1st Battalion, 5th Regi- tended on a full athletic scholarship. decided to stay because of looming hos- ment, Alpha Company of Camp Pen- He was a captain for the Mustangs in tilities in Iraq. He was struck and mor- dleton, CA. He and his wife lived in San 1999 and was named the team’s Most tally wounded by rocket-propelled gre- Clemente, CA. He was originally from Inspirational Player. He was commis- nade launched in an ambush by Iraqi northeast Iowa. He began his military sioned as an Army officer in 2001. He troops. career 20 years ago, serving in both the was the second oldest of five sons of Born in St. Louis, he moved with his Army and the Marine Corps. During his Mexican immigrants and the first in family to Los Angeles when he was career, he fought in Operation Desert his family to graduate from college. only 3. An accomplished flute player Storm, and took part in operations in Forty-one individuals who were from and a self-taught mechanic who made Panama, Somalia and Granada. California or based in California have

VerDate Jan 31 2003 03:56 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.085 S29PT1 S5474 CONGRESSIONAL RECORD — SENATE April 29, 2003 died in the war. The people of Cali- Although the Cyprus problem has both communities committed fornia, as well as all Americans, mourn been on the United Nations agenda for unpardonable violence and murder. their loss. almost 40 years, it was the Clinton ad- Similarly, the Turkish Cypriots need May these beautiful young Ameri- ministration’s decision in 1999 to make to acknowledge that there has been a cans rest in peace. finding a solution in Cyprus a high pri- Cyprus Problem ever since the Turkish I continue to pray for those who have ority that brought the two sides of the invasion of 1974, with mass human suf- been injured in the war. I hope that island back to proximity talks under fering. Both sides must recognize that they and the rest of our brave young the good offices of the United Nations this is 2003, not 1974 or 1964, and that men and women serving abroad will re- Secretary General. only a reunited Cyprus as a member of turn home safely. Since 1999, Secretary General Kofi the European Union would have iron- Mr. GRASSLEY. Mr. President, I rise Annan and his special representative clad, international security guarantees today to pay tribute to a fellow Iowan Alvaro de Soto have engaged interested for all its citizens. and a great American. It is with a parties in an intensive peace effort Yet Mr. Denktash seems incapable of sense of sadness but also pride that I with international support, including seizing the moment by recognizing must call to the attention of the Sen- that of U.S. Special Coordinator for that a negotiated settlement requires ate the sacrifice of Marine GySgt. Jeff Cyprus Ambassador Tom Weston. They compromise. As Secretary General Bohr of Ossian, IA, who was killed worked feverishly with leaders in Annan stated in his report to the UN April 10, 2003, while participating in Nicosia, Athens, Ankara, and Brussels Security Council, however, ‘‘except for the liberation of Baghdad. Jeff Bohr is to try to persuade the parties to agree a very few instances, Mr. Denktash by the second Iowan to have died in Oper- to a draft plan prior to the European and large declined to engage in nego- ation Iraqi Freedom, and hopefully the Union summit in Copenhagen last De- tiation on the basis of give and take,’’ last. Jeff Bohr served his country in cember, at which the EU invited Cy- thereby complicating efforts ‘‘to ac- the military for 20 years and had no prus and nine other countries to join commodate not only the legitimate reservations about putting his life on the Union. While that effort did not concerns of principle, but also the con- the line to protect American freedom produce an equitable end to the tragic crete and practical interests of the and to give freedom to the Iraqi people. division of Cyprus, it did produce a re- Turkish Cypriots.’’ His loss will be felt throughout Iowa, alistic framework and concrete text on The window for achieving a settle- and particularly in his hometown of which to continue discussions to re- ment is not closed. Secretary General Ossian. My thoughts and prayers are solve the remaining issues. Annan’s plan remains on the table as a with Jeff’s wife Lori as well as his fa- After years of frustration and dis- basis for negotiation. The European ther Eddie and mother Jeanette, his appointment, the people of Cyprus saw Union has affirmed that there is a brothers, and all his family and friends. a fragile but real possibility for settle- place in the EU for Turkish Cypriots. As they mourn his loss, they can know ment, and the overwhelming majority Upon the signing of the accession trea- that they are not alone. Many people of the population in both communities ty, Cypriot President Papadopoulos re- in Iowa and across the country share embraced the process. stated his commitment to working to- their grief and reflect on the life of Jeff In the first months of 2003, with the ward a settlement. Greek Prime Min- Bohr, whether they knew him or not. clock running out to reach an agree- ister and EU Council Term President At the same time, Jeff’s family can be ment before the date for Cyprus to sign Simitis invited Mr. Denktash and other very proud of his service to his coun- the EU accession agreement, the UN Turkish Cypriot political leaders to try. Jeff Bohr’s sense of patriotic duty Secretary General asked Tassos Nicosia to continue discussions toward is a source of inspiration to us all, and Papadopoulos, the newly-elected Presi- a settlement, an invitation which Mr. his sacrifice will not be forgotten. He dent of the Republic of Cyprus, and Denktash to date has rejected. Turkish paid the ultimate price for our freedom Turkish Cypriot leader Rauf Denktash Prime Minister Erdogan, with an eye and security. Words can scarcely con- to submit the plan to a public ref- toward his own country’s future EU vey the debt of gratitude that we all erendum. On March 10, Mr. membership once Ankara has met the owe Jeff Bohr, but I want to take this Papadopoulos in good faith condi- Copenhagen criteria, endorsed on April opportunity to express my deepest re- tionally agreed to do so. Mr. Denktash 17 the continuation of talks based on spect and admiration for Jeff and what refused. the UN plan. I hope that Prime Min- he did for America. Although his loss is In response, tens of thousands of ister Erdogan, Foreign Minister Gul, tragic, Jeff Bohr died fighting for his Turkish Cypriots took to the streets to and other distinguished leaders in Tur- country and he died a true patriot. express their support for the UN plan key will prevail on Mr. Denktash to do f and to entreat Mr. Denktash to partici- what is right for all in the region. pate in the process. But Mr. Denktash EU leaders at the April 16 accession THE ACCESSION OF CYPRUS TO did not respond to these calls from the ceremony in Athens declared that the THE EUROPEAN UNION citizens whom he nominally represents. expanded EU represents a ‘‘common de- Mr. BIDEN. Mr. President, I rise In denying his own people a democratic termination to put an end to centuries today to commend the Republic of Cy- vote, he bears the primary responsi- of conflict and transcend former divi- prus on its April 16 signing of an acces- bility for quashing the peace talks. sions.’’ The people in northern Cyprus sion agreement with the European Since then, Mr. Denktash has chosen should not be barred from ‘‘the closer Union, and also to bemoan the failure to discredit the UN process though ties of neighborhood’’ described by Eu- to reach an agreement to end the near- overheated rhetoric, calling the UN ropean Commission President Prodi. ly three-decade-old division of the is- plan ‘‘full of tricks’’ and alleging that Nor should they be excluded from the land. it did not take into account the non- opportunity, now extended to their fel- The achievement of accession to the negotiable requirements and ‘‘reali- low-citizens in the south, to join the European Union marks the last phase ties’’ of the Turkish Cypriot people. He world’s most powerful economic asso- of a 30-year enterprise by the Govern- did for the first time allow day-visits ciation. ment and people of the Republic of Cy- across the ‘‘Green Line’’ that divides A lasting settlement would allow the prus, which began with an Association the island, but this welcome concilia- Turkish Cypriot people to emerge from Agreement in 1973 and will culminate tory gesture appears to be more of a di- their isolation and become fully a part in May 2004 with full membership. versionary tactic than a return to the of Europe. It would bring opportunities Celebration of this historic success, negotiating table. for economic growth, for expanded however, is tempered by the absence of The Turkish Cypriots do have gen- trade, for travel and for broader edu- a settlement that would have allowed uine concerns about their status and cational and cross-cultural exchanges. the island as a whole to join the EU. security, and these concerns must be And it would end the second-class citi- The failure of the parties to reach an reflected in any settlement decision. zenship of the Turkish Cypriot people agreement through the United Nations The Greek Cypriots need to acknowl- in which their standard of living is at process was both regrettable and avoid- edge that before 1974 there was a Cy- best one-third that of the people in the able. prus Problem and that members of south.

VerDate Jan 31 2003 03:58 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.087 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5475 If Mr. Denktash does indeed have the September 2000—remains unsolved. mony confirmed the existence of cen- interests of the people of northern Cy- Ukrainian President Kuchma and a sorship, including temnyky, as well as prus at heart, he should step aside and number of high-ranking officials have various instruments of harassment and allow the Turkish Cypriot people to been implicated in his disappearance intimidation. Tax inspections, various choose their own future. There is too and the circumstances leading to his legal actions or license withdrawals much at stake to allow another oppor- murder. The Ukrainian authorities’ have all been used as mechanisms by tunity to expire. handling, or more accurately mis- the authorities to pressure media out- f handling of this case, has been charac- lets that have not towed the line or THE TROUBLED MEDIA terized by obfuscation and have supported opposition parties. As a result of these hearings, the par- ENVIRONMENT IN UKRAINE stonewalling. Not surprisingly, lack of transparency illustrated by the liament, on April 3rd, voted 252 to one Mr. CAMPBELL. Mr. President, later Gongadze case has fueled the debili- to approve a law defining and banning this week individuals around the world tating problem of widespread corrup- state censorship in the Ukrainian will mark World Press Freedom Day. tion reaching the highest levels of the media. This is a welcome step. How- The functioning of free and inde- Government of Ukraine. ever, given the power of the presi- pendent media is tied closely to the ex- Audio recordings exist that contain dential administration, the law’s im- ercise of many other fundamental free- conversations between Kuchma and plementation remains an open question doms as well as to the future of any other senior government officials dis- at best, particularly in the lead up to democratic society. The Commission cussing the desirability of Gongadze’s the 2004 elections in Ukraine. on Security and Cooperation in Europe, elimination. Some of these have been I urge our Ukrainian parliamentary which I co-chair, is responsible for passed to the U.S. Department of Jus- colleagues to continue to actively monitoring press freedom in the 55 par- tice as part of a larger set of recordings press their government to comply with ticipating States of the Organization of Kuchma’s conversations implicating Ukraine’s commitments to funda- for Security and Cooperation in Eu- him and his cronies in numerous scan- mental freedoms freely agreed to as a rope, OSCE. Recently, I reported to the dals. Together with Commission Co- signatory to the Helsinki Final Act. I Senate on the deplorable conditions for Chairman Rep. CHRIS SMITH, I recently also urge the Ukrainian authorities, in- independent media in the Republic of wrote to the Department of Justice re- cluding the constitutional ‘‘guar- Belarus. Today, I will address the situ- questing technical assistance to deter- antor’’, to end their campaign to stifle ation of journalists and media outlets mine whether the recordings in which independent reporting and viewpoints in Ukraine. Several discouraging reports have the Gongadze matter is discussed are in the media. Good news from Ukraine come out recently concerning the genuine. A credible and transparent in- will come not from the spin doctors of medic environment in Ukraine. These vestigation of this case by Ukrainian the presidential administration, but reports merit attention, especially authorities is long overdue and the when independent media and journal- within the context of critical presi- prepetrators—no matter who they may ists can pursue their responsibilities dential elections scheduled to take be—need to be brought to justice. free of harassment, intimidation, and place in Ukraine next year. The State The case of Ihor Alexandrov, a direc- fear. Department’s Country Reports on tor of a regional television station, f who was beaten in July 2001 and subse- Human Rights Practices in Ukraine for CHILD ABUSE PREVENTION MONTH 2002 summarizes media freedoms as fol- quently died also remains unsolved. Se- Mr. LAUTENBERG. Mr. President, lows: ‘‘Authorities interfered with the rious questions remain about the way today I rise to talk about Child Abuse news media by intimidating journal- in which that case was handled by the Prevention Month. Child Abuse Pre- ists, issuing written and oral instruc- authorities. vention Month was established 20 years tions about events to cover and not to A Human Rights Watch report, Nego- ago by Presidential proclamation and cover, and pressuring them into apply- tiating the News: Informal State Cen- since then, this month has been de- ing self-censorship. Nevertheless a wide sorship of Ukrainian Television, issued range of opinion was available in news- in March, details the use of explicit di- voted to raising awareness about this papers, periodicals, and Internet news rectives or temnyky, lists of topics, tragic problem. This year holds particular sadness for sources.’’ which have been sent to editors from Current negative trends and restric- Kuchma’s Presidential Administration those of us from New Jersey. This past tive practices with respect to media on what subjects to cover and in what January, 7-year-old Faheem Williams freedom in Ukraine are sources of con- manner. The report correctly notes was found dead in a Newark, NJ, base- cern, especially given that country’s that these temnyky have eroded free- ment where he and his two brothers leadership claims concerning integra- dom of expression in Ukraine, as ‘‘edi- had been imprisoned for weeks. He had tion into the Euro-Atlantic commu- tors and journalists feel obligated to been starved and beaten. With Faheem nity. Lack of compliance with inter- comply with temnyky instructions due were his twin, Raheem, and 4-year-old national human rights standards, in- to economic and political pressures and brother Tyrone, both of whom were cluding OSCE commitments, on free- fear repercussions for non-coopera- found to be malnourished and dehy- dom of expression undermines that tion.’’ To their credit, the independent drated. All of this occurred under the process. Moreover, an independent media are struggling to counter at- supervision of the State agency that media free from governmental pressure tempts by the central authorities to placed these three boys in foster care. is an essential factor in ensuring a control their reporting and coverage of His death marks a tragic failure on level playing field in the upcoming 2004 issues and events. the part of our State and country, as presidential elections in Ukraine. Another troubling feature of the do the deaths of thousands of children In her April 18, 2003 annual report to media environment has been the con- each year. Mr. President, I was at the Ukrainian parliament, Ombudsman trol exerted by various oligarchs with Faheem’s funeral. That day I said that Nina Karpachova asserted that jour- close links to the government who own it didn’t matter whether his death was nalism remains among the most dan- major media outlets. There is growing due to neglect or direct abuse. We can- gerous professions in Ukraine, with 36 evidence that backers of the current not permit another child to go through media employees having been killed Prime Minister and other political fig- this ever again. over the past ten years, while beatings, ures have been buying out previously Across the country last year, 879,000 intimidation of media employees, independent news sources, including children were victims of child abuse freezing of bank accounts of media out- websites, and either firing reporters or and neglect, of whom approximately lets, and confiscation of entire print telling them to cease criticism of the 1,200 died from maltreatment. Accord- runs of newspapers and other publica- government of find new jobs. ing to the national organization, Pre- tions have become commonplace in Last December, Ukraine’s parliament vent Child Abuse America, three chil- Ukraine. held hearings on ‘‘Society, Mass Media, dren die every day from abuse or ne- The murder of prominent journalist Authority: Freedom of Speech and Cen- glect at the hands of those who are Heorhiy Gongadze—who disappeared in sorship in Ukraine.’’ Journalists’ testi- supposed to care for them. I don’t need

VerDate Jan 31 2003 03:58 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.088 S29PT1 S5476 CONGRESSIONAL RECORD — SENATE April 29, 2003 to say that one is too many. Most dis- clear energy economics for the CEIR experts, and all coordinated and edited turbingly, confirmed reports of child Corporation in Washington, DC, and as by Dr. Hardt. This work was not only a abuse and neglect rose 3 percent in the a director of the Strategic Studies De- valuable source of analysis to the Con- last year nationwide. This is the sec- partment at the Research Analysis gress but also to the policymaking and ond straight year child abuse has in- Corporation in McLean, VA, where he academic communities at large. For creased. specialized in Soviet Comparative many years, these volumes were the There is no doubt that child abuse Communist and Japanese Studies. He most comprehensive sources of eco- and neglect continues to be a signifi- is a widely published author, with hun- nomic data and analyses on the econo- cant problem in the United States. Our dreds of research papers, journal arti- mies of the Soviet Union, China, and children are our future, but their cles, technical memoranda, and books Easter Europe. health and safety in our society con- and book chapters to his credit. Let me make one final point to illus- tinues to decline. Every one of us has a Dr. Hardt joined the Congressional trate the loss that we, as Members of responsibility to work for the welfare Research Service as the Senior Spe- Congress, will sustain with Dr. Hardt’s of the Nation’s children. cialist in Soviet Economics in Novem- retirement. That point concerns one of The Department of Health and ber of 1971. It is his work for CRS—and the great strengths that CRS offers to Human Services runs a National Clear- for us, the Members of this body—that Congress, and which Dr. Hardt’s tenure inghouse on Child Abuse and Neglect I want to honor today. For the past and contributions at CRS epitomize Information, providing research and re- three decades, Dr. Hardt has served perfectly: institutional memory. Of the sources for prevention to individuals Members of Congress, their staffs, and 525 Members of the 108th Congress, and communities. Many nonprofit or- committees with his considerable ex- only 11 were Members of the 92nd Con- ganizations, State agencies, individual pertise in Soviet and post-Soviet and gress when Dr. Hardt first assumed his social workers, counselors, teachers, Eastern Europe economics, the econ- official congressional duties. Most of and clergy work tirelessly to determine omy of the People’s Republic of China, the countries that he has specialized in when children are in danger. We need East-West commercial relations, and have undergone astounding trans- to support the individuals and groups comparative international economic formation during his working life— who advocate for abused children, and analysis. He has advised, among others, some, indeed, no longer exist. The the foster families who care for them. both the Senate and House Commerce members of this deliberative body in Faheem Williams paid a terrible Committees on East-West trade; the which we serve has turned over many price for his little life and we must senate and House Banking Committees times. Committees have come and honor his memory and the memories of on the Export-Import Bank and other gone. But through it all, John Hardt other victims of abuse by educating the U.S. government financing programs; has been a constant fixture, a strand of country about the risks and signs of and the Senate Finance and House continuity in an environment of con- abuse and providing the resources Ways and Means Committees on U.S. tinual change—part of the collective available to stop it. trade policy. He frequently has trav- institutional memory of CRS which is of such value to our work in Congress. f eled with congressional committee del- egations, serving as a technical adviser We wish Dr. Hardt well in the new ven- HONORING JOHN HARDT on visits to the former Soviet Union, tures on which he will be embarking. Mr. BENNETT. Mr. President, I take Poland, Hungary, the former Yugo- He will be greatly missed by us all. this opportunity today to pay tribute slavia, the United Kingdom, the Fed- f to a very distinguished servant of the eral Republic of Germany, Italy, and ADDITIONAL STATEMENTS legislative branch of the Congress. In Sweden, and then preparing committee May 2003, Dr. John Hardt will end his reports for these trips. On many occa- official service with the Congressional sions, Dr. Hardt has been called on to CAPTAIN PENN HOLSAPPLE Research service after 32 years as a val- advise directly Members of Congress ∑ Mr. BURNS. Mr. President, I rise uable resource to Congress in the field and congressional staff on Russian Fed- today in recognition of Captain Penn of international economics and foreign eration debt reduction and its relation- Holsapple’s 90th birthday. Captain affairs. In many ways, Dr. Hardt’s re- ship to nonproliferation concerns, and Holsapple served in the United States tirement symbolizes the ending of an has provided support to the Russian Marine Corps during the Second World era for the Congress; he is the only re- Leadership Program, especially those War and was one of the first Marines to maining CRS Senior Specialist now events and activities that involved land on the Pacific island of Iwo Jima. providing Congress with research and Members of Congress. The extent of his Every American knows of the enor- analysis in the field of foreign affairs. national and international contacts is mous sacrifices thousands of young He has been a great asset to the Con- breathtaking and includes senior mem- Marines made on that island to defend gress and to CRS throughout his long bers of foreign governments and lead- our Nation, and Captain Holsapple career in public service. ing multinational businesses. himself was wounded in action twice. Dr. Hardt received both his Ph.D. in His most lasting legacy for Congress However, always living up to the Ma- economics and a Certificate from the may well be his service as both editor rine Corps motto ‘‘first to enter, last to Russian institute from Columbia Uni- and coordinator of a long series of leave,’’ Captain Holsapple remained on versity. Prior to joining the Congres- Joint Economic Committee compendia Iwo Jima with his fellow Marines to sional Research Service, he had already on the economies of the PRC, Soviet the very end. I ask all of my colleagues had the kind of illustrious career that Union, and Eastern Europe. The Con- to join me in wishing Captain Penn serves as a lifetime achievement for gress can take pride in these impor- Holsapple a happy 90th birthday and to many others. He served his country tant, well-known, and highly respected thank him for the service and sacrifice with distinction during World War II, JEC studies, to which Dr. Hardt de- he gave to his country. Happy Birthday receiving ribbons and battle stars for voted so much of his talent and ener- good friend.∑ both the European and Asiatic Thea- gies. The more than 70 volumes of this f ters of Operations as well as the Phil- work include: China Under the Four ippine Liberation Ribbon. He has been Modernizations, 1982; China’s Economy TRIBUTE TO THE CHEMICAL an educator—specializing in econom- Looks Toward the Year 2000, 1986; The WEAPONS WORKING GROUP ics, Soviet studies, and Sino-Soviet Former Soviet Union in Transition, ∑ Mr. BUNNING. Mr. President, I rise studies—at the University of Wash- 1993; East-Central European Economies today to pay tribute to the Chemical ington, the University of Maryland, in Transition, 1994; and Russia’s Uncer- Weapons Working Group, CWWG, for Johns Hopkins University, the George tain Economic Future, 2001. The series receiving the Kentucky Environmental Washington University, the Foreign includes hundreds of analytical papers Quality Commission’s 2003 Earth Day Service Institute, and American mili- on various aspects of issues pertinent Award. Each year a dozen organiza- tary service schools. He has served in to Congress and to U.S. policy, all writ- tions in Kentucky receive this award the American private sector, special- ten by internationally recognized gov- for their outstanding commitment to izing in Soviet electric power and nu- ernment, academic, and Private sector the environment.

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.089 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5477 CWWG, under the direction of Craig Among his accomplishments, perhaps RETIREMENT OF JOHN B. BROWN Williams, has played a vital role in the the one that stands out most and un- III, ACTING ADMINISTRATOR OF demilitarization of chemical weapons derscores Jim’s professionalism and THE DEA at the Blue Grass Army Depot in Ken- creativity is the role he played in the ∑ Mr. BIDEN. Mr. President, James tucky. I have worked with the CWWG planning, design and policy develop- Bryant Conant once said that ‘‘each on this important issue and I know how ment process of one of the Corps’ great- honest calling, each walk of life, has strongly many Kentuckians feel about est success stories—the restoration of its own elite, its own aristocracy, disposing of these weapons in the safest Poplar Island. This project, which is based on excellence of performance.’’ I and quickest manner possible. taking clean dredged materials from rise today to pay tribute to a man who Although it took some time, the pub- the channels leading to the Port of Bal- is a member of the law enforcement lic and political pressure from CWWG timore and using it to restore a chain elite, John B. Brown III, the Acting Di- was instrumental in the Department of of environmentally sensitive islands in rector of the Drug Enforcement Admin- Defense’s decision to use water neu- the Chesapeake Bay, has become a na- istration. tralization, not incineration, to de- tional model for habitat restoration John Brown has spent more than stroy the chemical weapons at Blue and the beneficial use of dredged mate- three decades as a special agent in the Grass Army Depot. CWWG’s research rial. But developing and winning ap- Drug Enforcement Administration. efforts to demonstrate effective alter- proval of the project was no easy task. Last year he capped his law enforce- natives to incineration were beneficial ment career when he was appointed to all parties involved in this impor- The size and scale of the project were deputy administrator of the agency. tant decision. unprecedented. Federal policies at the I ask my colleagues in the Senate to time greatly limited the funding and And when former Administrator Asa pay tribute to the Chemical Weapons contained other disincentives to mak- Hutchinson was appointed as under Working Group for their role in pro- ing this a viable option. Jim and his secretary at the Department of Home- tecting the environment and the thou- planning staff put in countless hours land Security, John Brown was tapped sands of Kentuckians that live near the helping to resolve these problems and to be Acting Director of the DEA. John Brown is a dedicated, hard- Blue Grass Army Depot.∑ develop innovative solutions that ulti- working government leader. He is f mately led to the construction of the project, relief for Maryland’s dredged known at the DEA and in the larger TRIBUTE TO DR. JAMES F. material disposal problem and develop- law enforcement community as a JOHNSON ment of the largest environmentally thoughtful, personable administrator ∑ Mr. SARBANES. Mr. President, I rise restoration initiative ever undertaken and a man of great humility. today to pay tribute to Dr. James F. in the Chesapeake Bay. His career at the DEA has been a dis- Johnson, an outstanding public serv- tinguished one. As a young agent he Jim Johnson’s contributions and ac- ant, who is retiring from the U.S. worked in Mexico where he was deeply complishments over the years have Army Corps of Engineers after an ex- involved in the investigation into the been recognized through many pres- emplary career spanning more than murder of Kiki Camarena, the brave tigious awards including the Army three decades. I want to extend my per- DEA agent who was tortured and killed sonal congratulations and thanks for Decoration for Meritorious Civilian by Mexican drug traffickers. During his many years of service and contribu- Service and the Secretary of Army that time as in the rest of his career— tions to improving both the water re- Award for Publications Improvement, whether it was in Miami, the Dallas sources of our Nation and the quality but perhaps no more so than by his se- field division, the El Paso intelligence of Federal Government services. lection in 1998 to return to Head- center or at DEA Headquarters—John Throughout his 32-year career with quarters as Chief of the Planning and Brown rose to the challenge and ex- the Federal Government, Dr. Johnson Policy Division of the Directorate of celled at each assignment. has distinguished himself for his lead- Civil Works. In this prestigious posi- But it was John Brown’s first job as ership, commitment, and dedication to tion, he has been responsible for man- a teacher that really shaped him as an public service, to making government aging some $200 million annually in agent. John is known by the people work better, and to addressing some of water resource investments for naviga- who worked for him at DEA as a great our Nation’s most critical water re- tion, ecosystem restoration, and flood teacher, someone who took the time to source problems. Beginning in Corps of and storm protection. He also devel- coach them, to motivate them, to Engineers Headquarters as a program oped and implemented a new program counsel them. For that reason, he is manager, he quickly advanced through to expand planner training and leader- one of the most popular administrators the ranks to positions in senior man- ship skills. at DEA, and one of the most respected. As a school teacher, John quickly agement, including service as Chief of Dr. Johnson has served the Nation found that many of the problems he the Eastern Planning Management with distinction. His efforts, work saw among students in his classroom Branch, Special Assistant to the Chief ethic, and abiding sense of responsi- involved learning the skills and atti- of Planning, and Acting Assistant Di- bility and commitment have earned tudes and character to cope with life. rector of Civil Works for the Upper him the admiration of everyone with Drug use was becoming widespread in Mississippi and Great Lakes region. whom he has worked. I have enormous the early 1970s and prompted John to I first came to know Jim when he respect for the professionalism, inge- was selected as Chief of the Planning decide to join DEA as a special agent. nuity, and integrity which he brought and Policy Division at the Baltimore In truth, he never left the classroom. to the positions in which he has served District in 1985. During his 13-year ten- He has said many times that one of his and greatly value the assistance he has ure in Baltimore, I had the opportunity proudest moments at DEA came when provided to me and my staff over the to work closely with him and his plan- a former student—someone who as a years. ning team on a number of water re- young student had listened to one of source initiatives in the State of Mary- It is my firm conviction that public his talks about the perils of drug use land and the broader Chesapeake Bay service is one of the most honorable came up to him in an airport years Region, including the restoration of callings, one that demands the very later. He introduced himself, said that the north end of Assateague Island, the best, most dedicated efforts of those he had a great job and a wonderful fam- Coastal Bays of Maryland, and the who have the opportunity to serve ily—both of which he said would have Anacostia River. I know first hand the their fellow citizens and country. been impossible had he joined his many extraordinary leadership, vision and Throughout his career Jim Johnson friends who used drugs in high school. expertise Jim brought not only to has exemplified a steadfast commit- He credited John Brown’s talk on drugs projects in this region, but equally im- ment to meeting this demand. I want with keeping away from a life of sub- portant, to building and encouraging to extend my personal congratulations stance abuse. one of the finest, most responsive and and thanks for his many years of hard I would be remiss if I did not mention innovative planning teams in the Na- work and dedication and wish him well John’s wife, Christine Brown, who has tion. in the years ahead.∑ been a source of tremendous support

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.074 S29PT1 S5478 CONGRESSIONAL RECORD — SENATE April 29, 2003 and strength to John and their family. occasion of his retirement from the addition, the Smithsonian will open its I know that she and their two children Metropolitan Washington Airports Au- new Air and Space Museum later this P.J. and Michael are incredibly proud thority. In the 25 years I have had the year located at Dulles Airport. of John and the superior and important opportunity to serve in this body many Mr. Wilding’s career is highlighted work that he has done over the course Senators have come and gone. The with many accolades, which, along of his career. faces of industry and its leaders have with his outstanding performance, John Brown is a leader of integrity changed as well. In changing times Jim have earned him a national and inter- and total dedication. He has served his Wilding has been constant—always a national reputation as an aviation in- country well and I wish him all the trusted advisor to me and others for dustry expert. best.∑ the more than 40 years he has served I wish to extend my sincerest con- gratulations to Mr. James A. Wilding f the Nation’s capital airports. In his role at the Authority, Jim is on the occasion of his retirement. I am SOUTH DAKOTA SCHOOL OF MINES responsible for the management of two honored to recognize his many accom- AND TECHNOLOGY TAKE FIRST of our most important airports in the plishments to our region, applaud his PLACE IN ROCKY MOUNTAIN RE- country—Washington Dulles Inter- service to our entire Nation’s aviation GIONAL CONCRETE CANOE COM- national Airport and Ronald Reagan transportation system, and to call him PETITION Washington National Airport. He has a friend.∑ ∑ Mr. JOHNSON. Mr. President, I rise managed them through rapid growth, f today to recognize and congratulate the transition away from Federal oper- HONORING HENRY S. SCHLEIFF, the South Dakota School of Mines and ation, and now into the new post 9/11 CHAIRMAN AND CEO OF COURT Technology on earning first place for security paradigm. His vision is the re- TV NETWORK their remarkable display of ingenuity sult of strong knowledge, experience, ∑ Mr. LAUTENBERG. Mr. President, and design at the 2002 Rocky Mountain and dedication to his craft. Regional Concrete Canoe Competition Mr. Wilding began his career with the on April 1, 2003, Henry Schleiff, chair- in Logan, UT. Federal Aviation Administration soon man and CEO of Court TV, was award- Under the supervision of their advi- after graduating from the Catholic ed the Cable Television Public Affairs sor, Dr. Marion Hansen, the team University of America in 1959 with a Association, CTPAA, President’s earned their 14th first place regional graduate degree in civil engineering. Award. CTPAA is a national organiza- tion that focuses on public affairs win within the last 16 years. This win At the FAA, he participated in the issues within the cable industry. I can qualifies the team for the National original planning and development of think of no better person to be honored Concrete Canoe Competition hosted by Washington Dulles International Air- with this award considering the efforts Drexel University in June. South Da- port. I remember when that airport Mr. Schleiff has put forth to serve his kota School of Mines and Technology’s was being built—many scoffed at the industry and the public community. American Society of Civil Engineering idea. They questioned the need for a fa- His career has featured an impressive program has a strong record of finding cility of that magnitude and objected array of both private and public serv- ingenious solutions to complex prob- to the seemingly rural location. Today ice. Since his career began with HBO, lems, and has placed in the top five in we applaud the foresight that went Mr. Schleiff has moved up the ranks of the National Concrete Canoe Competi- into Dulles. Our transportation system the entertainment industry—from sen- tion five times as well as winning the relies on the balance between Dulles ior vice president of business affairs over all national competition in 1995. and Reagan. Jim Wilding has been an and administration for HBO and head Based on appearance, weight, presen- integral part of this visionary leader- of HBO Enterprises in the 1980s, to ex- tation, and sprint and endurance races ship. ecutive producer for Viacom Inter- for men, women, and co-ed squads, the Following the opening of Dulles in national Inc. and CEO of Viacom’s South Dakota School of Mines and 1962, Mr. Wilding held progressively re- Broadcast and Entertainment Groups Technology team defeated teams from sponsible positions in all phases of en- in the early 1990s, to executive vice- Wyoming, Utah, and Colorado for their gineering for the two federally owned president for Studios USA in the late first place win. To effectively imple- airports, eventually becoming the or- 1990s. Mr. Schleiff has been the CEO of ment their strategy, students worked ganization’s chief engineer. He served Court TV since December 1999 and has as a whole and within centralized as chief engineer until becoming the been the catalyst for its revival. Under teams, such as hull design, mix design, airports’ deputy director in 1975, and his leadership, Court TV has become construction, and paddling, to bring then its director 4 years later. one of the most successful basic cable the project together as an award-win- Mr. Wilding served as the director of networks in the industry, growing from ning canoe. This win reflects the work the FAA’s Metropolitan Washington 30 million subscribers to nearly 80 mil- ethic and dedication that is so visible Airports organization from December lion in just 4 years. in the state of South Dakota. 1979. In June 1987, the airports were Equally impressive are Mr. Schleiff’s I want to acknowledge Dr. Richard J. transferred to the newly created Air- efforts for the public community. He is Gowen, president of the South Dakota ports Authority, where he assumed his vice chairman of the board of directors School of Mines and Technology, as current position as president. for the International Radio & Tele- well as Dr. Marion R. Hansen, for their During his tenure as president and vision Society Foundation, Inc. IRTS, guidance and support to help make this CEO of the Airports Authority, the and he serves on the board of directors year’s team so successful. I also want Metropolitan Washington Airports Au- of the International Council, The Cre- to congratulate all of this year’s team thority passenger activity at National ative Coalition, and Theatreworks. members: Steve Lipetzky, Andy Coats, and Dulles Airports nearly doubled to Court TV’s Choices and Consequences Ryan Hamilton, Dave Lowe, Eric 31 million passengers in 2002. With this education program, already in more Gassland, Jen Pohl, Mandy Kost, Katie growth, he has overseen and managed a than 100,000 schools, encourages chil- Zeller, Tarar Boehmer, Wade Lein, and massive capital development program dren to make responsible decisions and Marshall Cassady. at both airports totaling well over $3 positive contributions to society. The Again, congratulations to the South billion dollars. Under his leadership, ‘‘Everyday Heroes’’ program honors Dakota School of Mines and Tech- Reagan National Airport was modern- brave and courageous individuals who nology on winning their 14th regional ized with a new terminal building in made personal sacrifices or significant concrete canoe competition.∑ 1997 which brought major improve- contributions. f ments to airport traffic management Mr. President, I ask unanimous con- and Metro system connections. At Dul- sent that a copy of Mr. Schleiff’s award JIM WILDING les, he directed the expansion and con- acceptance speech be printed in the ∑ Mr. WARNER. Mr. President, I rise struction of new concourses, the build- RECORD. today to honor a friend and an out- ing of the airport’s first parking ga- There being no objection, the mate- standing citizen of the Commonwealth rages, and is now managing a $3.2 bil- rial was ordered to be printed in the of Virginia, James A. Wilding, on the lion capital improvement project. In RECORD, as follows:

VerDate Jan 31 2003 03:58 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.076 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5479 It is really a great honor to appear this live in our communities of service. Oddly year, for example, we will again focus on evening with a group of colleagues and enough, the only ones who sometimes have Robert F. Kennedy’s legacy and the Human friends, who I so admire and respect, because trouble hearing your message and under- Rights Award. And, finally, our original they clearly share our network’s vision . . . standing its importance, are, frankly, those movies attempt to raise important and rel- and, our sense of duty to make a difference often responsible for the purse strings. The evant questions which lead to informed de- in the communities we serve. I accept this irony is that we must all do a better job in bate about a variety of judicial and social year’s President’s Award with great pride, as communicating the legitimate success and issues. a validation of the important work done by importance of our work not externally, out- The poet Ralph Waldo Emerson said, ‘‘to our network, Court TV—work that is very side our company, but rather, to those in the appreciate beauty, to find the best in others, much unfinished and ongoing—and, I accept executive suites. . . . Not only because all of to leave the world a little better, whether by this award with great appreciation on behalf us here, tonight, are on the side of right a healthy child, a garden patch or a re- of the extraordinarily dedicated and talented (and, as we say at Court TV, justice), but deemed social condition; to know even one team led by Dick Beahrs and Scoot Mac- also because, in the end, this is also very life has breathed easier because you have Pherson in this area, at Court TV. much in the best economic interests of our lived. This is the meaning of success.’’ It is It is, equally, a real privilege to appear companies. We can do well . . . by doing in that light, that we at Court TV share with with a gathering of probably the most pas- good; we can do ‘‘well’’, financially . . . by you in your passion, your vision and our mu- sionate, dedicated and caring people any- doing ‘‘good’’, morally. In that regard, public tual goal of bringing about positive change where in the media. I am proud to be a part affairs efforts are among the most distinc- through education and understanding. of an industry like cable that is recognized tive and beneficial qualities of cable systems I accept this year’s CTPAA President’s for its unequaled support for diverse pro- and their programming. Why: because you Award, as a validation of the public affairs grams and initiatives providing valuable live where the rubber meets the road. You work done by Court TV; I accept the Presi- public service outreach. Moreover, the sug- live where the cable operator or cable net- dent’s Award, on behalf of all of you, whose gestions and new ideas you have shared over work meets the customer or viewer, as the tireless dedication has so contributed to to- the past three days will, no doubt, con- case my be . . . you are part and parcel of night’s . . . success; and, finally, I accept tribute significantly to our ability to main- the communities in which you serve . . . this award as a reflection of your values and tain cable’s position as both the moral and and, given your work, this industry simply ideals which are so important to the future financial leader, in the field of telecommuni- could not ask for better representatives. of this industry and . . . this nation.∑ cations. We take great pride in our commitment to All of us in this room, tonight, know that public service at Court TV, and, especially, we don’t have to do public service. We don’t the recognition it is receiving tonight, be- f have to go into neighborhoods and encourage cause we have always understood the power better education, promote health care, or of the medium of television—and, the poten- teach tolerance and understanding. Why do tial for good that a network like ours can PROFESSOR JOE WILKINS’ we—why do you—participate and pursue play. For example, I recently learned that RETIREMENT these causes: quite simply, because you five-year olds, typically, have watched more ∑ Mr. DURBIN. Mr. President, I rise choose to. I have some idea of the sacrifice than 5,000 hours of TV before they even enter today to recognize Professor Joe Wil- and effort those here, tonight, make every kindergarten—in most families, today, that’s kins’ contributions to the State of Illi- day, and it is not unreflective of Winston more time than they have spent in conversa- Churchill’s observation that ‘‘we make a liv- tion with their parents—and, in all cases, nois and our country. ing by what we get, but we make a life . . . that is, statistically, more hours . . . than it Professor Wilkins will retire from by what we give.’’ Those who received this takes to earn a college degree. With our ex- the University of Illinois in May 2003. award, in senior management, like myself, perience in creating quality educational ini- He will officially become a ‘‘University do so merely on behalf of those, in the field, tiatives—and, with the support and partner- of Illinois Professor Emeritus of Man- like you, who make the real contributions. It ship of our cable affiliates, we are increas- agement’’ which is an accomplishment is we, who should give this award to you, be- ingly focused on harnessing the power of tel- cause it is we who should appreciate and, in- evision—both, on and off air—for its use as in and of itself, but is only one facet of deed, should be inspired by what you do. an effective and engaging public service tool. his career. We must all recognize that public service In that regard, allow me to point out some Professor Wilkins has been a very ef- is important from a number of perspectives: of the recent specific intiatives that Court fective teacher. He received an ‘‘Out- its impact is felt in both karma and dollars. TV’s Public Affairs and Corporate Commu- standing Teacher’’ award selected by a Indeed, the legacy of the vast array of pro- nications people have introduced or other- vote of the University student body. grams represented here, tonight, will live on wise pursued and which provide me with the long after most, if not all, of the shows and privilege of standing here, tonight, on their His graduate course in International series that can be seen on any given net- behalf. Business was chosen by students in the work. I particularly value what people do in Principally, you know us for our Golden College of Business and Management as this area because, quite frankly, I am a prod- Beacon Award-winning Choices and Con- their most valuable class. Additionally, uct of the Kennedy 60’s—I bought the ideal of sequences education programs, which, in its during 2002 Professor Wilkins received contribution and, in fact, it has served me five year existence, has reached more than the highest evaluation of all the fac- well; it has served Court TV well, and hope- 100,000 schools with programs designed to ulty by students in the college. fully it serves you, because through your ef- keep our nation’s youth . . . out of our na- Prior to his teaching career, Pro- forts, public service puts this industry in the tion’s courts, by teaching young people that best possible light, especially in these dark a poor choice made in a moment . . . can fessor Wilkins served with distinction and troubled times. have devastating consequences . . . for a life- as a captain in the United States Air In a world where we correctly criticize time. Through Choices and Consequences, we Force. While serving he was repeatedly much of what we see on television . . . and in aim to empower our children to make re- decorated for heroism in combat. His a business where we are struggling with cus- sponsible decisions and to contribute, posi- many decorations include the Silver tomer service and competition, the one real, tively, to society. We have added educational Star and two Purple Hearts, which indisputable Beacon (no pun intended) of programs like the Forensics in the Class- were awarded for his twice being success in every corner . . . and, by any room Curriculum, and the Mobile Investiga- wounded in combat. Despite being in- measure, is the diverse and important work tion Unit tour, which has made stops in 20 that people in Public Affairs do every day. cities last year and plans 23 this spring and jured in combat, he continues to run at Cable, like any service industry, often gets a summer. Tomorrow afternoon, we celebrate least one 26.2-mile marathon a year black eye. But, because of your words and, the latest group of ‘‘Everyday Heroes,’’ hon- and enjoys scuba diving and sky-div- more importantly, your deeds, you are the oring those who demonstrate bravery and ing. people who ameliorate those complaints and courage, often through individual acts of In addition to his teaching and serv- put this industry in the enviable position of personal sacrifice. As you may be aware, an ice to many organizations, Professor element of education and pro-social causes being community activists for positive social Wilkins has responded for over 30 years change. runs, like a thread, through much of our pro- Not only is what you do substantively im- gramming. Certainly, many of our investiga- to the needs of his home community— portant, but it is also well communicated to tive documentaries and specials raise crit- Springfield, IL. Some of the many serv- our audiences—both viewers of our program- ical issues regarding tolerance, or the fair- ices he has provided to Springfield in- ming and, more generally, subscribers who ness of our criminal justice system. This clude being a regular blood donor and

VerDate Jan 31 2003 03:58 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.042 S29PT1 S5480 CONGRESSIONAL RECORD — SENATE April 29, 2003 providing flights to needy persons re- Over the years, E.E. Ward has per- role in the Underground Railroad. We quiring medical assistance. He has do- formed moves for schools, museums, li- shall all pay tribute to people like the nated more than 15 gallons of blood in- braries, business, and homes. In the John T. Ward family who helped Amer- cluding 59 pints at the Central Illinois 1950s, the E.E. Ward Company was ica’s enslaved citizens gain freedom. Community Blood Bank in Springfield. awarded two notable contracts in Co- That is why in my first year in the Professor Wilkins has held positions lumbus—from the Steinway Piano United States Senate, I co-sponsored with both the State of Illinois and the Company and the Franklin County the bill to provide Federal funding to city of Springfield. As an operations re- Board of Elections. During the course the Underground Railroad Freedom search analyst for the State of Illinois of those contracts, it is estimated that Center in Cincinnati, the only national he helped analyze managerial oper- the company moved over 900,000 pianos center of its kind in the country. I ations. Additionally, he has served in and hundreds of voting machines to hope the painting about the Ward Fam- many capacities and consulted on mul- various precincts in Columbus. ily will inspire people of all ages to tiple issues for the city of Springfield. The Company’s Chairman Emeritus learn more about the significant role of Most notably, in 1982 he took an aca- is Eldon W. Ward, the grandson of Wil- the Underground Railroad in our his- demic leave from the university to liam Ward. He joined the company in tory. serve for 13 months as Comptroller of 1945 and retired 51 years later in 1996. Recently, on the occasion of Ohio’s Springfield. On numerous occasions Mr. Eldon Ward has been recognized as bicentennial, I reminded a joint session since then he has provided manage- an accomplished business leader and is of the Ohio General Assembly in Chil- ment advice to the city of Springfield. admired by many. He was inducted into licothe that our forefathers delivered Professor Wilkins has been a teacher the Ohio Corporate Hall of Fame in for us and now the future of our great and role model to thousands of under- 1991 and the Central Ohio Business Hall State is in our hands. Throughout graduate and graduate students. I am of Fame in 1992. Under his leadership, Ohio’s history, the Ward family has sure the University of Illinois will miss the E.E. Ward Company received the made major contributions to the qual- him greatly. Professor Wilkins has had National Torch Award of Marketplace ity of life by creating jobs and opportu- a lifetime of community service in Ethics from the Better Business Bu- nities for countless Americans and we which he established a reputation of reau. should all be grateful for their hard personal integrity and demonstrated As a community leader, Eldon Ward work and dedication. courage. He is a distinguished citizen served on the boards of over 40 commu- I believe Brian Brooks’s and Otto and deserves to be recognized for all of nity organizations, including the local Beatty’s ancestors would be very proud his contributions to society.∑ chapter of the American Red Cross, the of their work today. With the two of f Salvation Army, and the Chamber of them at the helm of the E.E. Ward Commerce. He served as board presi- Moving and Storage Company, I think IN HONOR OF E.E. WARD MOVING dent of the Columbus Foundation, the its future will be bright for many years AND STORAGE COMPANY LLC OF Franklin County United Way, and the to come. COLUMBUS, OHIO Central Ohio YMCA, which was re- I wish the E.E. Ward Moving and ∑ Mr. VOINOVICH. Mr. President, I named the Eldon W. Ward YMCA in Storage Company the best of luck in rise today to congratulate and pay 1991. all of its endeavors and I look forward tribute to the E.E. Ward Moving and Today, E.E. Ward Moving & Storage to congratulating them on many suc- Storage Company LLC of Columbus, Company is an agent of Bekins Van cesses in the future.∑ OH, for 122 years of service to the great Lines and provides local and interstate f State of Ohio. Recently, the U.S. De- household goods relocation services partment of Commerce and the Con- and a variety of logistics services to JOHN C. CARY gressional Black Caucus recognized the residential, government and corporate ∑ Mr. BOND. Mr. President, I rise E.E. Ward Company as the oldest Afri- customers. The company focuses pri- today to pay tribute to the achieve- can-American-owned business in Amer- marily on residential and business ments of a distinguished member of the ica. moves and storage. Missouri education community, Mr. The Ward family has longstanding The longevity of the E.E. Ward Com- John C. Cary. roots in Ohio dating back before the pany is the result of its commitment to Mr. Cary is retiring this year after 17 Civil War. From 1842 to 1858, John T. excellent service. The current owners, years of distinguished service to the Ward was a conductor on the Under- Brian A. Brooks, president and godson children and families of the Mehlville ground Railroad which ran through Co- of Eldon Ward, and Otto Beatty III, co- school district. As superintendent of lumbus, and the Ward home was a well- owner, recently purchased the com- schools for the Mehlville district he known stop. During the Civil War, pany. Both are in their early thirties. has guided the district to academic John T. Ward received government They have chosen to carry on the en- success, ensuring quality education for contracts to haul munitions, supplies, trepreneurial torch of their parents all Mehlville children. He has helped and equipment for the U.S. Army. and grandparents and are wonderful ex- nurture Missouri’s youth with a stead- After the Civil War, John’s son, Wil- amples to other young business owners. fast dedication and care. His devotion liam Ward, began working for his fa- In fact, the company was recently to education has earned him awards ther, and then he went to work for the awarded the 2002 Super Service Award and recognition from around the State, Union Transfer and Storage Company. from Angie’s List, a consumer and including the Distinction in Perform- At Union Transfer, he moved up household rating company. ance Award for 2002–2003 school year. through the ranks serving as teamster, Brian Brooks and Otto Beatty are Mr. Cary’s lifetime commitment to work supervisor, foreman, and rate privy to a wealth of experience and education and children is admirable clerk. In 1881, William Ward rejoined wisdom from family members and com- and inspiring. Today I join with the his father John T. Ward and together munity members. Like their forebears, 12,000 students in the Mehlville school they founded the Ward Transfer Line, a they focus on providing excellent serv- district in celebrating his 31 years as a wagon transportation business in ice to their customers and giving gen- distinguished educator. I thank him for downtown Columbus. erously to their community. Their his hard work and dedication to the Since 1881 the company has evolved dedication and commitment is a shin- children and families of Missouri.∑ and changed with the times. In 1889, ing example of good corporate citizen- f the company changed its name to E.E. ship, something we need more of Ward Transfer and Storage Company, throughout America. HOLOCAUST MEMORIAL DAY when the youngest son, Edgar Earl I am pleased that this year the King ∑ Ms. CANTWELL. Mr. President, I Ward, assumed management of the Arts Complex in Columbus will be the rise today in honor of Holocaust Memo- company. He was 18 years old. Twenty- recipient of a beautiful painting by rial Day, known in Hebrew as ‘‘Yom Ha five years later, in 1914, the company famed Columbus Artist Aminah Lynn Shoa.’’ began its shift to motorized moving Robinson that illustrates the history of Seventy years ago, Adolf Hitler was and retired its last horse in 1921. the company and the Ward family’s appointed Chancellor of Germany. In

VerDate Jan 31 2003 03:58 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.078 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5481 1933, the German Government adopted H.R. 6. An act to enhance energy conserva- received on April 22, 2003; to the Committee numerous discriminatory policies tion and research and development, to pro- on Agriculture, Nutrition, and Forestry. against Jews. Jews were prohibited vide for security and diversity in the energy EC–1944. A communication from the Regu- latory Contact, Grain Inspection, Packers from working as newspaper editors or supply for the American people, and for other purposes. and Stockyards Administration, Department owning land, and many Jewish immi- of Agriculture, transmitting, pursuant to f grants had their citizenship revoked. law, the report of a rule entitled ‘‘Exceptions These actions fueled anti-Semitic sen- EXECUTIVE AND OTHER to Geographic Areas for Official Agencies timents among the general public. Sev- COMMUNICATIONS Under the USGSA (0580–AA76)’’ received on enty years ago this month, German April 16, 2003; to the Committee on Agri- The following communications were culture, Nutrition, and Forestry. citizens marched through the streets of laid before the Senate, together with Leipzig with signs that read: ‘‘Don’t EC–1945. A communication from the Con- accompanying papers, reports, and doc- gressional Review Coordinator, Animal and buy from Jews—Shop in German busi- uments, and were referred as indicated: Plant Health Inspection Service, Department nesses!’’ of Agriculture, transmitting, pursuant to It was a dark time for Germany, but EC–1937. A communication from the Ad- ministrator, Agricultural Marketing Serv- law, the report of a rule entitled ‘‘Recogni- many throughout the world thought ice, Fruit and Vegetable Programs, Depart- tion of Animal Disease Status of Regions in that the situation would improve. The ment of Agriculture, transmitting, pursuant the European Union (Doc. No. 98–090–5)’’ re- 1936 Olympic Games were held in Ber- to law, the report of a rule entitled ‘‘Dried ceived on April 11, 2003; to the Committee on lin, even against the backdrop of the Prunes Produced in California; revising the Agriculture, Nutrition, and Forestry. EC–1946. A communication from the Con- Regulations Concerning Compensation Rates rise of Hitler, the Gestapo, state-spon- gressional Review Coordinator, Animal and for Handlers’ Services Performed Regarding sored Aryan qualifications and the con- Plant Health Inspection Service, Department Reserve Prunes Covered Under the California struction of the first concentration of Agriculture, transmitting, pursuant to Dried Prune Marketing Order (Doc. No. camps at Dachau and Buchenwald. In law, the report of a rule entitled ‘‘Exotic FV02–993–2 FR)’’ received on April 22, 2003; to Newcastle Disease; Additions to Quarantined 1939, Jews were relocated into Jewish the Committee on Agriculture, Nutrition, Area (Doc. No. 02–117–5)’’ received on April ghettos, placed under curfews and and Forestry. 22, 2003; to the Committee on Agriculture, banned from most professions. The EC–1938. A communication from the Ad- Nutrition, and Forestry. ministrator, Agricultural Marketing Serv- world still ignored the problem; in May EC–1947. A communication from the Con- ice, Fruit and Vegetable Programs, Depart- of that year, a ship packed with 930 gressional Review Coordinator, Animal and ment of Agriculture, transmitting, pursuant Jewish refugees was turned away by Plant Health Inspection Service, Department to law, the report of a rule entitled ‘‘Dried several countries and forced to return of Agriculture, transmitting, pursuant to Prunes Produced in California; Revising Per- to Europe. One of those countries was law, the report of a rule entitled ‘‘Pesticides; taining to a Voluntary Prune Plum Diver- Minimal Risk Tolerance Exemptions (FRL the United States. sion Program (Doc. No. FV02–993–3)’’ re- 7302–6)’’ received on April 16, 2003; to the By late 1939, Polish Jews were forc- ceived on April 22, 2003; to the Committee on Committee on Agriculture, Nutrition, and ibly placed in labor camps and required Agriculture, Nutrition, and Forestry. Forestry. to wear yellow stars for identification EC–1939. A communication from the Ad- EC–1948. A communication from the Regu- at all times. Mass killings—called po- ministrator, Agricultural Marketing Serv- lations Coordinator, Department of Health groms—took tens of thousands of lives, ice, Fruit and Vegetable Programs, Depart- and Human Services, transmitting, pursuant and Jews from conquered states were ment of Agriculture, transmitting, pursuant to law, the report of a rule entitled ‘‘Control deported to German concentration to law, the report of a rule entitled ‘‘Nec- of Communicate Diseases (0920–AA03)’’ re- tarines and Peaches Grown in California; Re- ceived on April 11, 2003; to the Committee on camps. Following the German invasion, vision of Handling Requirements for Fresh France signed an armistice with Hitler Health, Education, Labor, and Pensions. Nectarines and Peaches (Doc. No. FV03–916– EC–1949. A communication from the Regu- on June 22, 1940. Exactly 1 year later, 2)’’ received on April 22, 2003; to the Com- lations Coordinator, Department of Health Germany invaded the Soviet Union. mittee on Agriculture, Nutrition, and For- and Human Services, transmitting, pursuant All the while, the world ignored the estry. to law, the report of a rule entitled ‘‘Civil extermination of the Jewish people, EC–1940. A communication from the Ad- Money Penalties: Procedures for Investiga- and the United States wrapped itself in ministrator, Agricultural Marketing Serv- tions, Imposition of Penalties and Hearings the flawed doctrine of isolationism. It ice, Fruit and Vegetable Programs, Depart- (0938–AM63)’’ received on April 16, 2003; to the ment of Agriculture, transmitting, pursuant Committee on Health, Education, Labor, and took far too long for our Nation to to law, the report of a rule entitled ‘‘Sweet grasp its responsibility and stake in Pensions. Cherries Grown in Designated Counties in EC–1950. A communication from the Assist- World War II. When the war ended, Washington; Establishment of Procedures to ant Secretary, Employee Benefits Security Germany had murdered over 6 million Allow the Grading or Packing of Sweet Cher- Administration, Department of Labor, trans- Jews in the Holocaust. Pastor Martin ries Outside the Production Area (Doc. No. mitting, pursuant to law, the report of a rule Niemo¨ ller described his reluctance to FV02–923–1)’’ received on April 22, 2003; to the entitled ‘‘Interim Final Amendment for the stand up and help people in Germany, Committee on Agriculture, Nutrition, and Mental Health Parity Act of ERISA (29 CFR and I believe his critique can apply to Forestry . 2590) (1210–AA62)’’ received on April 11, 2003 ; EC–1941. A communication from the Ad- individuals and countries: to the Committee on Health, Education, ministrator, Agricultural Marketing Serv- Labor, and Pensions. First they came for the Jews, and I did not ice, Fruit and Vegetable Programs, Depart- EC–1951. A communication from the Assist- speak out because I was not a Jew. Then ment of Agriculture, transmitting, pursuant ant Secretary, Employee Benefits Security they came for the Communists, and I did not to law, the report of a rule entitled ‘‘Raisins Administration, Department of Labor, trans- speak out because I was not a Communist. Produced form Grapes Grown in California; mitting, pursuant to law, the report of a rule Then they came for the trade unionists and Final Free and Reserve Percentages for 2002– entitled ‘‘Final Rule for Reporting by Mul- I did not speak out because I was not a trade 03 Crop Natural (sun-dried) Seedless and tiple Employer Welfare Arrangements and unionist. Then they came for me and there Zante Currant Raisins (Doc. No. FV03–989–4)’’ Certain Other Entities that Offer or Provide was no one left to speak out for me. received on April 22, 2003; to the Committee Coverage for Medical Care to the Employees Today we remember those who suf- on Agriculture, Nutrition, and Forestry. of Two or More Employers (29 CFR 2520) fered. We remember those who were EC–1942. A communication from the Ad- (1210-AA54)’’ received on April 11, 2002; to the murdered. We remember those who ministrator, Agricultural Marketing Serv- Committee on Health, Education, Labor, and ice, Fruit and Vegetable Programs, Depart- Pensions. spoke out. We will never forget them. ment of Agriculture, transmitting, pursuant EC–1952. A communication from the Assist- This history informs the difficult to law, the report of a rule entitled ‘‘Onions ant Secretary, Employee Benefits Security choices that we face today.∑ Grown in South Texas; Increased Rate (Doc. Administration, Department of Labor, trans- f No . FV03–959–1)’’ received on April 22, 2003; mitting, pursuant to law, the report of a rule to the Committee on Agriculture, Nutrition, entitled ‘‘Plans Established or Maintained MESSAGE FROM THE HOUSE and Forestry. Under Pursuant to Collective Bargaining At 11:47 a.m., a message from the EC–1943. A communication from the Ad- Agreements Under Section 3(40)(A) of ERISA House of Representatives, delivered by ministrator, Agricultural Marketing Serv- (1210–AA48)’’ received on April 11, 2003; to the ice, Fruit and Vegetable Programs, Depart- Committee on Health, Education, Labor, and Ms. Niland, one of its reading clerks, ment of Agriculture, transmitting, pursuant Pensions. announced that the House has passed to law, the report of a rule entitled ‘‘Toma- EC–1953. A communication from the Direc- the following bills, in which it requests toes Grown in Florida; Decreased Assess- tor, Regulations Policy and Management, the concurrence of the Senate. ment Rate; Correction (Doc. FV03–966–03)’’ Department of Health and Human Services,

VerDate Jan 31 2003 04:25 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.079 S29PT1 S5482 CONGRESSIONAL RECORD — SENATE April 29, 2003 transmitting, pursuant to law, the report of EC–1963. A communication from the Direc- Group, Department of the Air Force, trans- a rule entitled ‘‘Medical Devices; Hema- tor, National Cemetery Administration, De- mitting, pursuant to law, the report relative tology and Pathology Devices; Reclassifica- partment of Veterans Affairs, transmitting, to sexual assault cases at the U.S. Air Force tion of Automated Blood Cell Separator De- pursuant to law, the report of a rule entitled Academy; to the Committee on Armed Serv- vices Operating by Filtration Principle from ‘‘Eligibility for Burial of Adult Children; Eli- ices. Class III to Class II (Doc. No. 96P–0484)’’ re- gibility for Burial of Minor Children; Eligi- EC–1977. A communication from the Acting ceived on April 11, 2003; to the Committee on bility for Burial of Certain Filipino Veterans Secretary of the Navy, Department of the Health, Education, Labor, and Pensions. (2900–AI95)’’ received on April 22, 2003; to the Navy, transmitting, pursuant to law, the re- EC–1954. A communication from the Direc- Committee on Veterans’ Affairs. port relative to the addition of 150,000 tor, Division of Acquisition Management EC–1964. A communication from the Direc- workstations under the Navy Marine Corps Services, Office of the Assistant Secretary tor, Regulations Management, Veterans Intranet (NMCI); to the Committee on for Administration and Management, De- Health Administration, Department of Vet- Armed Services. partment of Labor, transmitting, pursuant erans Affairs, transmitting, pursuant to law, EC–1978. A communication from the Vice to law, the report of a rule entitled ‘‘29 CFR the report of a rule entitled ‘‘Reasonable Admiral, Deputy Chief of Naval Operations, Part 99 Audits of States, Local Governments, Charges for Medical Care or Services; 2003 Manpower and Personnel, Department of the and Non-Profit Organizations (1291–AA278)’’ Update (2900–AL57)’’ received on April 24, Navy, transmitting, pursuant to law, the re- received on April 11, 2003; to the Committee 2003; to the Committee on Veterans’ Affairs. port relative to the implementation of per- on Health, Education, Labor, and Pensions. EC–1965. A communication from the Under formance by the Most Efficient Organization EC–1955. A communication from the Acting Secretary of Defense, Acquisition, Tech- (MEO); to the Committee on Armed Services. Executive Director & General Counsel, Ap- nology and Logistics, Department of De- EC–1979. A communication from the Direc- praisal Subcommittee, Federal Financial In- fense, transmitting, pursuant to law, the re- tor, Defense Procurement and Acquisition stitutions Examinations Council, transmit- port entitled ‘‘Devolvement of Research, De- Policy, Department of Defense, transmit- ting, pursuant to law, the Appraisal Sub- velopment, Test, and Evaluation Programs ting, pursuant to law, the report of a rule en- committee’s Fiscal Year 2002 audited finan- and Activities Beginning in FV 2004’’ re- titled ‘‘Foreign Acquisition (DFARS Case cial statements, received on April 23, 2003; to ceived on April 11, 2003; to the Committee on 2002–D009)’’ received on April 11, 2003; to the the Committee on Banking, Housing, and Armed Services. Committee on Armed Services. Urban Affairs. EC–1966. A communication from the Under EC–1956. A communication from the Under Secretary of Defense, Acquisition, Tech- EC–1980. A communication from the Direc- Secretary for Industry and Security, Depart- nology and Logistics, Department of De- tor, Defense Procurement and Acquisition ment of Commerce, transmitting, pursuant fense, transmitting, pursuant to law, the re- Policy, Department of Defense, transmit- to law, the report to Congress relating to the port entitled ‘‘Department of Defense Fiscal ting, pursuant to law, the report of a rule en- Imposition of Foreign Policy Controls on Year 2002 Purchases From Foreign Entities’’ titled ‘‘Extension of Contract Goal for Small Specially Designated Global Terrorists, re- received on April 11, 2003; to the Committee Disadvantaged Businesses and Certain Insti- ceived on April 11, 2003; to the Committee on on Armed Services. tutions of Higher Education (DFARS Case Banking, Housing, and Urban Affairs. EC–1967. A communication from the Under 2002–D038)’’; to the Committee on Armed EC–1957. A communication from the Under Secretary of Defense, Acquisition, Tech- Services. Secretary for Industry and Security, Depart- nology and Logistics, Department of De- EC–1981. A communication from the Sec- ment of Commerce, transmitting, pursuant fense, transmitting, pursuant to law, the re- retary of Energy, transmitting, pursuant to to law, the report to Congress related to the port of the Annual Selected Acquisition Re- law, the report entitled ‘‘Fiscal Year 2002 re- Expansion of Foreign Policy-Based Controls ports (SARs) for the quarter ending Decem- port on Laboratory Directed Research and on Explosives Detection Equipment, received ber 31, 2002; to the Committee on Armed Development (LDRD); Plant Directed Re- on April 11, 2003; to the Committee on Bank- Services. search, Development and Demonstration ing, Housing, and Urban Affairs. EC–1968. A communication from the Sec- (PDRD); and Site Directed Research, Devel- EC–1958. A communication from the Assist- retary of Defense, transmitting, pursuant to opment and Demonstration (SDRD) Pro- ant Secretary, Export Administration, De- law, the report of a retirement; to the Com- grams’’ received on April 28, 2003; to the partment of Commerce, transmitting, pursu- mittee on Armed Services. Committee on Energy and Natural Re- ant to law, the report of a rule entitled ‘‘Ex- EC–1969. A communication from the Assist- sources. ports and Reexports of Explosives Detection ant Secretary of Defense, Reserve Affairs, f Equipment and Related Software and Tech- Department of Defense, transmitting, pursu- nology; Clarification and Explanation of ant to law, the STARBASE program Annual REPORTS OF COMMITTEES Foreign Policy Controls; to the Committee Report for Fiscal Year 2002; to the Com- on Banking, Housing, and Urban Affairs. mittee on Armed Services. The following reports of committees EC–1959. A communication from the Assist- EC–1970. A communication from the Under were submitted: ant Secretary, Export Administration, Bu- Secretary of Defense, Personnel and Readi- By Mr. HATCH, from the Committee on reau of Industry and Security Administra- ness, Department of Defense, transmitting, the Judiciary: tion, Department of Commerce, transmit- pursuant to law, the report of a retirement; Report to accompany S. 113, a bill to ex- ting, pursuant to law, the report of a rule en- to the Committee on Armed Services. clude United States persons from the defini- titled ‘‘Revisions to the Export Administra- EC–1971. A communication from the Dep- tion of ‘‘foreign power’’ under the Foreign tion Regulations Related to the Missile uty Secretary of Defense, Department of De- Intelligence Surveillance Act of 1978 relating Technology Control Regime (MTCR) (0694– fense, transmitting, pursuant to law, the re- to international terrorism (Rept. No. 108–40). AC22)’’ received on April 11, 2003; to the Com- port relative to the transportation of a mittee on Banking, Housing, and Urban Af- chemical warfare agent; to the Committee f fairs. on Armed Services. EC–1960. A communication from the Dep- EC–1972. A communication from the Under EXECUTIVE REPORTS OF uty Secretary, Division of Corporation Fi- Secretary of Defense, Personnel and Readi- COMMITTEES nance, Securities and Exchange Commission, ness, Department of Defense, transmitting, The following executive reports of transmitting, pursuant to law, the report of pursuant to law, the report of a retirement; committees were submitted: a rule entitled ‘‘Standards Relating to Listed to the Committee on Armed Services. Company Audit Committees (3235–AI75)’’ re- EC–1973. A communication from the Under By Mr. WARNER for the Committee on ceived on April 11, 2003; to the Committee on Secretary of Defense, Personnel and Readi- Armed Services. Banking, Housing, and Urban Affairs. ness, Department of Defense, transmitting, *Lawrence Mohr, Jr., of South Carolina, to EC–1961. A communication from the Assist- pursuant to law, the report of a retirement; be a Member of the Board of Regents of the ant General Counsel, Regulations, Office of to the Committee on Armed Services. Uniformed Services University of the Health the Secretary, Department of Housing and EC–1974. A communication from the Under Sciences. Urban Development, transmitting, pursuant Secretary of Defense, Personnel and Readi- *Sharon Falkenheimer, of Texas, to be a to law, the report of a rule entitled ‘‘Infla- ness, Department of Defense, transmitting, Member of the Board of Regents of the Uni- tion Adjustment of Civil Money Penalty pursuant to law, the report relative to the formed Services University of the Health Amounts (2501–AC91)’’ received on April 11, Armed Forces’ aviation programs, received Sciences. 2003; to the Committee on Banking, Housing, on April 11, 2003; to the Committee on Armed Marine Corps nomination of Maj. Gen. and Urban Affairs. Services. Henry P. Osman. EC–1962. A communication from the Assist- EC–1975. A communication from the Gen- Air Force nominations beginning Brigadier ant General Counsel, Regulations, Office of eral Counsel of the Department of Defense, General John B. Handy and ending Colonel the Secretary, Department of Housing and transmitting, pursuant to law, the report of Darryll D. M. Wong, which nominations were Urban Development, transmitting, pursuant a proposed Bill entitled ‘‘The Defense Trans- received by the Senate and appeared in the to law, the report of a rule entitled ‘‘Mort- formation for the 21st Century Act’’ received Congressional Record on April 7, 2003. gage Insurance Premiums in Multifamily on April 11, 2003; to the Committee on Armed Marine Corps nomination of Col. Douglas Housing Programs (2502–AH64)’’ received on Services. M. Stone. April 11, 2003; to the Committee on Banking, EC–1976. A communication from the Direc- Navy nomination of Capt. Thomas K. Housing, and Urban Affairs. tor, Admissions Liaison, USAF Academy Burkhard.

VerDate Jan 31 2003 04:25 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.028 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5483 Army nomination of Maj. Gen. James J. appeared in the Congressional Record on S. 934. A bill to amend the Internal Rev- Lovelace, Jr. April 7, 2003. enue Code of 1986 to modify the small refiner Mr. WARNER. Mr. President, for the Army nominations beginning Edward A. exception to the oil depletion deduction; to Committee on Armed Services I report Hevener and ending Zeb S. Regan, Jr., which the Committee on Finance. nominations were received by the Senate and By Mr. BREAUX: favorably the following nomination appeared in the Congressional Record on S. 935. A bill to amend the Internal Rev- lists which were printed in the RECORD April 10, 2003. enue Code of 1986 to allow certain coins to be on the dates indicated, and ask unani- Marine Corps nomination of Kenneth O. acquired by individual retirement accounts mous consent, to save the expense of Spittler. and other individually directed pension plan reprinting on the Executive Calendar Marine Corps nominations beginning accounts; to the Committee on Finance. that these nominations lie at the Sec- Thomas Duhs and ending William M. Lake, By Mr. BAUCUS (for himself, Mr. retary’s desk for the information of which nominations were received by the Sen- GRASSLEY, and Mr. MCCAIN): ate and appeared in the Congressional S. 936. A bill to amend the Internal Rev- Senators. Record on February 11, 2003. enue Code of 1986 to deny any deduction for The PRESIDING OFFICER. Without Marine Corps nominations beginning Pat- certain fines, penalties, and other amounts; objection, it is so ordered. rick W. Burns and ending Daniel S. Ryman, to the Committee on Finance. Air Force nominations beginning Paul L. which nominations were received by the Sen- By Mr. VOINOVICH (for himself, Mr. Cannon and ending Frank A. Yerkes, Jr., ate and appeared in the Congressional DEWINE, and Mr. LEVIN): which nominations were received by the Sen- Record on February 11, 2003. S. 937. A bill to reauthorize the Harmful ate and appeared in the Congressional Marine Corps nominations beginning Don- Algal Bloom and Hypoxia Research and Con- Record on February 25, 2003. ald J. Anderson and ending Donald W. trol Act of 1998, and for other purposes; to Air Force nomination of Lawrence Zautcke, which nominations were received the Committee on Commerce, Science, and Mercandante. by the Senate and appeared in the Congres- Transportation. Air Force nominations beginning Stanley sional Record on March 11, 2003. By Mrs. MURRAY: J. Buelt and ending Christopher W. Marine Corps nominations beginning Sean S. 938. A bill to amend title 38, United Castleberry, which nominations were re- T. Mulcahy and ending Steven H. Mattos, States Code, to provide for the payment of ceived by the Senate and appeared in the which nominations were received by the Sen- dependency and indemnity compensation to Congressional Record on March 24, 2003. ate and appeared in the Congressional the survivors of former prisoners of war who Air Force nominations beginning Eugene Record on March 24, 2003. died on or before September 30, 1999, under L. Capone and ending Allen L. Womack, Marine Corps nominations of Franklin the same eligibility conditions as apply to which nominations were received by the Sen- McLain. payment of dependency an indemnity com- ate and appeared in the Congressional Marine Corps nominations beginning pensation to the survivors of former pris- Record on March 24, 2003. Bryan Delgado and ending Paul A. oners of war who die after that date; to the Air Force nominations beginning Gary D. Zacharzuk, which nominations were received Committee on Veterans’ Affairs. Bomberger and ending Warren R. Robnett, by the Senate and appeared in the Congres- By Mr. HAGEL (for himself, Mr. HAR- which nominations were received by the Sen- sional Record on March 24, 2003. KIN, Mr. WARNER, Mr. CHAFEE, Ms. ate and appeared in the Congressional Marine Corps nomination of Michael H. COLLINS, Ms. SNOWE, Mr. COLEMAN, Record on March 26, 2003. Gamble. Mr. KENNEDY, Mr. JEFFORDS, Mr. Air Force nominations beginning Michael Marine Corps nomination of Jeffrey L. Mil- DODD, Ms. MIKULSKI, Mrs. CLINTON, F. Adames and ending Scott A. Zuerlein, ler. Mrs. MURRAY, Mr. BINGAMAN, and Mr. which nominations were received by the Sen- Marine Corps nominations of Barett R. REED): ate and appeared in the Congressional Byrd. S. 939. A bill to amend part B of the Indi- Record on March 26, 2003. Marine Corps nominations beginning Jef- viduals with Disabilities Education Act to Army nominations beginning Curtis J. frey Acosta and ending John G. Wemett, provide full Federal funding of such part, to Alitz and ending Mary J. Wyman, which which nominations were received by the Sen- provide an exception to the local mainte- nominations were received by the Senate and ate and appeared in the Congressional nance of effort requirements, and for other appeared in the Congressional Record on Record on April 7, 2003. purposes; to the Committee on Health, Edu- January 15, 2003. *Nomination was reported with rec- cation, Labor, and Pensions. Army nominations beginning Richard P. ommendation that it be confirmed subject to By Mr. GRAHAM of South Carolina: Bein and ending Kelly E. Taylor, which the nominee’s commitment to respond to re- S. 940. A bill to amend the Immigration nominations were received by the Senate and quests to appear and testify before any duly and Nationality Act relating to naturaliza- appeared in the Congressional Record on constituted committee of the Senate. tion through service in the Armed Forces of January 15, 2003. (Nominations without an asterisk were re- the United States; to the Committee on the Army nominations beginning Deborah K. ported with the recommendation that they Judiciary. Betts and ending David Williams, which be confirmed.) By Mr. EDWARDS: nominations were received by the Senate and f S. 941. A bill to establish the Blue Ridge appeared in the Congressional Record and National Heritage Area in the State of North appeared in the Congressional Record on INTRODUCTION OF BILLS AND Carolina, and for other purposes; to the Com- January 15, 2003. JOINT RESOLUTIONS mittee on Energy and Natural Resources. Army nominations of James R. Kerin, Jr. The following bills and joint resolu- By Mr. BROWNBACK (for himself and Army nominations beginning Henry E. tions were introduced, read the first Mr. NELSON of Nebraska): S. 942. A bill to amend title XVIII of the Abercrombie and ending Michelle F. and second times by unanimous con- Yarborough, which nominations were re- Social Security Act to provide for improve- ceived by the Senate and appeared in the sent, and referred as indicated: ments in access to services in rural hospitals Congressional Record on March 26, 2003. By Mr. STEVENS (for himself, Mr. and critical access hospitals; to the Com- Army nominations beginning Michael P. CAMPBELL, Mr. DOMENICI, Mr. HATCH, mittee on Finance. Armstrong and ending Craig M. Whitehill, Mr. INOUYE, and Ms. MURKOWSKI): By Mr. ENZI: which nominations were received by the Sen- S. 931. A bill to direct the Secretary of the S. 943. A bill to authorize the Secretary of ate and appeared in the Congressional Interior to undertake a program to reduce the Interior to enter into 1 or more contracts Record on March 26, 2003. the risks from and mitigate the effects of with the city of Cheyenne, Wyoming, for the Army nominations beginning John F. avalanches on visitors to units of the Na- storage of water in the Kendrick Project, Agoglia and ending Jeffrey R. Witsken, tional Park System and on other rec- Wyoming; to the Committee on Energy and which nominations were received by the Sen- reational users of public land; to the Com- Natural Resources. ate and appeared in the Congressional mittee on Energy and Natural Resources. By Mr. JEFFORDS (for himself, Mr. Record on March 26, 2003. By Mr. BREAUX (for himself, Mr. EN- DURBIN, Mr. REID, and Mr. KERRY): Army nominations beginning Paul F. Abel, SIGN, Mr. CRAPO, and Mr. BUNNING): S. 944. A bill to enhance national security, Jr. and ending X4432, which nominations S. 932. A bill to amend the Internal Rev- environmental quality, and economic sta- were received by the Senate and appeared in enue Code of 1986 to allow a credit against bility by increasing the production of clean, the Congressional Record on March 26, 2003. income tax for taxpayers owning certain domestically produced renewable energy as a Army nomination of William T. Boyd. commercial power takeoff vehicles; to the fuel source for the national electric system; Army nominations beginning Richard D. Committee on Finance. to the Committee on Energy and Natural Re- Daniels and ending George G. Perry III, By Mr. BREAUX: sources. which nominations were received by the Sen- S. 933. A bill to amend the Internal Rev- By Mr. MCCAIN: ate and appeared in the Congressional enue Code of 1986 to modify the active busi- S. 945. A bill to amend title 37, United Record on April 7, 2003. ness definition under section 355; to the Com- States Code, to improve the process for ad- Army nominations beginning Gary L. mittee on Finance. justing the rates of pay for members of the Hammett and ending David L. Smith, which By Mr. BREAUX (for himself and Mr. uniformed services; to the Committee on nominations were received by the Senate and NICKLES): Armed Services.

VerDate Jan 31 2003 04:25 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.031 S29PT1 S5484 CONGRESSIONAL RECORD — SENATE April 29, 2003 By Mr. LEAHY (for himself, Mr. Government and urge the States to do Dakota (Mr. CONRAD), the Senator from GRASSLEY, Mr. DURBIN, Mr. FEIN- the same, while a National Commission New York (Mrs. CLINTON) and the Sen- GOLD, Mr. KOHL, and Mr. SCHUMER): on the Death Penalty reviews the fair- ator from Massachusetts (Mr. KERRY) S. 946. A bill to enhance competition for ness of the imposition of the death pen- were added as cosponsors of S. 338, a prescription drugs by increasing the ability of the Department of Justice and Federal alty. bill to protect the flying public’s safety Trade Commission to enforce existing anti- S. 145 and security by requiring that the air trust laws regarding brand name drugs and At the request of Mr. KYL, the name traffic control system remain a Gov- generic drugs; to the Committee on the Judi- of the Senator from North Carolina ernment function. ciary. (Mrs. DOLE) was added as a cosponsor By Mr. ALLARD: of S. 145, a bill to prohibit assistance to S. 346 S. 947. A bill to better assist lower income North Korea or the Korean Peninsula At the request of Mr. LEVIN, the families in obtaining decent, safe, and af- Development Organization, and for name of the Senator from Iowa (Mr. fordable housing through the conversion of the section 8 housing choice voucher pro- other purposes. GRASSLEY) was added as a cosponsor of gram into a State-administered block grant; S. 171 S. 346, a bill to amend the Office of to the Committee on Banking, Housing, and At the request of Mr. DAYTON, the Federal Procurement Policy Act to es- Urban Affairs. names of the Senator from Vermont tablish a governmentwide policy re- By Mr. SCHUMER: (Mr. LEAHY) and the Senator from New quiring competition in certain execu- S. 948. A bill to require prescription drug York (Mr. SCHUMER) were added as co- tive agency procurements. manufacturers, packers, and distributors to sponsors of S. 171, a bill to amend title S. 374 disclose certain gifts provided in connection XVIII of the Social Security Act to with detailing, promotional, or other mar- provide payment to medicare ambu- At the request of Mr. GRASSLEY, the keting activities, and for other purposes; to the Committee on Health, Education, Labor, lance suppliers of the full costs of pro- name of the Senator from Missouri and Pensions. viding such services, and for other pur- (Mr. TALENT) was added as a cosponsor By Mrs. HUTCHISON (for herself and poses. of S. 374, a bill to amend the Internal Mrs. FEINSTEIN): S. 243 Revenue Code of 1986 to repeal the oc- S. 949. A bill to establish a commission to At the request of Mr. ALLEN, the cupational taxes relating to distilled assess the military facility structure of the name of the Senator from Maine (Ms. spirits, wine, and beer. United States overseas, and for other pur- COLLINS) was added as a cosponsor of S. S. 392 poses; to the Committee on Armed Services. 243, a bill concerning participation of f Taiwan in the World Health Organiza- At the request of Mrs. MURRAY, her SUBMISSION OF CONCURRENT AND tion. name was added as a cosponsor of S. SENATE RESOLUTIONS S. 300 392, a bill to amend title 10, United At the request of Mr. KERRY, the States Code, to permit retired mem- The following concurrent resolutions names of the Senator from Louisiana bers of the Armed Forces who have a and Senate resolutions were read, and (Ms. LANDRIEU), the Senator from Wis- service-connected disability to receive referred (or acted upon), as indicated: consin (Mr. KOHL), the Senator from both military retired pay by reason of By Mr. CORZINE (for himself, Mr. Delaware (Mr. BIDEN), the Senator their years of military service and dis- DODD, Mr. DURBIN, Mr. FEINGOLD, Mr. from Minnesota (Mr. COLEMAN), the ability compensation from the Depart- KERRY, Mrs. MURRAY, and Mr. KEN- NEDY): Senator from Washington (Mrs. MUR- ment of Veterans Affairs for their dis- S. Res. 122. A resolution expressing the RAY), the Senator from Kentucky (Mr. ability. sense of the Senate that the President BUNNING), the Senator from Rhode Is- S. 392 should designate May 1, 2003 as ‘‘National land (Mr. REED), the Senator from Ha- Child Care Worthy Wage Day’’; to the Com- waii (Mr. INOUYE), the Senator from At the request of Mr. REID, the name mittee on the Judiciary. Florida (Mr. NELSON), the Senator from of the Senator from Alaska (Ms. MUR- By Mr. GREGG (for himself, Mr. Connecticut (Mr. DODD), the Senator KOWSKI) was added as a cosponsor of S. LIEBERMAN, Mr. FRIST, Mr. ALEX- from Michigan (Mr. LEVIN), the Sen- 392, supra. ANDER, Mr. CARPER, and Mr. BAYH): ator from Indiana (Mr. LUGAR), the S. Res. 123. A resolution designating April S. 451 28, 2003, through May 2, 2003, as ‘‘National Senator from North Dakota (Mr. DOR- Charter Schools Week’’, and for other pur- GAN), the Senator from Montana (Mr. At the request of Ms. SNOWE, the poses; to the Committee on the Judiciary. BURNS), the Senator from Pennsylvania names of the Senator from Washington By Mr. BURNS (for himself, Mr. BAU- (Mr. SPECTER), the Senator from Ar- (Mrs. MURRAY) and the Senator from CUS, Mrs. CLINTON, Mr. COCHRAN, Mr. kansas (Mr. PRYOR), the Senator from Nebraska (Mr. NELSON) were added as CRAPO, Mr. HATCH, Mr. MILLER, Mr. Wisconsin (Mr. FEINGOLD), the Senator cosponsors of S. 451, a bill to amend LEVIN, Mr. KOHL, and Mr. STEVENS): from South Carolina (Mr. GRAHAM), the title 10, United States Code, to increase S. Res. 124. A resolution designating Sep- Senator from North Dakota (Mr. the minimum Survivor Benefit Plan tember 28, 2003, as ‘‘National Good Neighbor Day’’; to the Committee on the Judiciary. CONRAD), the Senator from Tennessee basic annuity for surviving spouses age By Mr. GREGG (for himself, Mr. (Mr. ALEXANDER) and the Senator from 62 and older, to provide for a one-year LIEBERMAN, Mr. ALEXANDER, Mr. CAR- Michigan (Ms. STABENOW) were added open season under that plan, and for PER, and Mr. BAYH): as cosponsors of S. 300, a bill to award other purposes. S. Res. 125. A resolution designating April a congressional gold medal to Jackie 28, 2003, through May 2, 2003, as ‘‘National Robinson (posthumously), in recogni- S. 465 Charter Schools Week’’, and for other pur- tion of his many contributions to the At the request of Mrs. MURRAY, the poses; considered and agreed to. Nation, and to express the sense of name of the Senator from New Mexico By Mr. BREAUX (for himself and Ms. Congress that there should be a na- (Mr. BINGAMAN) was added as a cospon- LANDRIEU): S. Con. Res. 39. A concurrent resolution tional day in recognition of Jackie sor of S. 465, a bill to amend title XVIII supporting the goals and ideals of St. Tam- Robinson. of the Social Security Act to expand many Day on May 1, 2003, as a national day S. 318 medicare coverage of certain self-in- of recognition for Tamanend and the values At the request of Mr. KERRY, the jected biologicals. he represented; considered and agreed to. name of the Senator from New Mexico S. 473 f (Mr. DOMENICI) was added as a cospon- sor of S. 318, a bill to provide emer- At the request of Mr. FEINGOLD, the ADDITIONAL COSPONSORS gency assistance to nonfarm-related name of the Senator from New York S. 132 small business concerns that have suf- (Mr. SCHUMER) was added as a cospon- At the request of Mr. FEINGOLD, the fered substantial economic harm from sor of S. 473, a bill to amend the Fed- name of the Senator from Massachu- drought. eral Water Pollution Control Act to setts (Mr. KERRY) was added as a co- S. 338 clarify the jurisdiction of the United sponsor of S. 132, a bill to place a mora- At the request of Mr. LAUTENBERG, States over waters of the United torium on executions by the Federal the names of the Senator from North States.

VerDate Jan 31 2003 04:25 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.032 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5485 S. 478 S. 617 S. 740, a bill to amend title XVIII of the At the request of Mr. SARBANES, the At the request of Mr. LIEBERMAN, the Social Security Act to improve patient name of the Senator from South Caro- names of the Senator from Michigan access to, and utilization of, the lina (Mr. GRAHAM) was added as a co- (Ms. STABENOW), the Senator from colorectal cancer screening benefit sponsor of S. 478, a bill to grant a Fed- Vermont (Mr. JEFFORDS) and the Sen- under the medicare program. eral charter Korean War Veterans As- ator from Minnesota (Mr. DAYTON) S. 759 sociation, Incorporated, and for other were added as cosponsors of S. 617, a At the request of Mr. DURBIN, the purposes. bill to provide for full voting represen- name of the Senator from New Jersey S. 514 tation in Congress for the citizens of (Mr. LAUTENBERG) was added as a co- At the request of Mr. BUNNING, the the District of Columbia, and for other sponsor of S. 759, a bill to amend the name of the Senator from Illinois (Mr. purposes. Internal Revenue Code of 1986 to pro- FITZGERALD) was added as a cosponsor S. 623 vide a tax credit for individuals and of S. 514, a bill to amend the Internal At the request of Mr. WARNER, the businesses for the installation of cer- Revenue Code of 1986 to repeal the 1993 names of the Senator from South Caro- tain wind energy property. income tax increase on Social Security lina (Mr. GRAHAM) and the Senator S. 774 benefits. from Florida (Mr. NELSON) were added At the request of Ms. SNOWE, the S. 516 as cosponsors of S. 623, a bill to amend names of the Senator from Virginia At the request of Mrs. BOXER, the the Internal Revenue Code of 1986 to (Mr. WARNER) and the Senator from name of the Senator from North Da- allow Federal civilian and military re- Virginia (Mr. ALLEN) were added as co- kota (Mr. CONRAD) was added as a co- tirees to pay health insurance pre- sponsors of S. 774, a bill to amend the sponsor of S. 516, a bill to amend title miums on a pretax basis and to allow a Internal Revenue Code of 1986 to allow 49, United States Code, to allow the deduction for TRICARE supplemental the use of completed contract method arming of pilots of cargo aircraft, and premiums. for other purposes. of accounting in the case of certain S. 654 long-term naval vessel construction S. 569 At the request of Ms. SNOWE, the contracts. At the request of Mr. ENSIGN, the name of the Senator from Vermont S. 780 names of the Senator from Nevada (Mr. (Mr. JEFFORDS) was added as a cospon- REID), the Senator from New Mexico At the request of Mr. LOTT, the sor of S. 654, a bill to amend title XVIII names of the Senator from Wyoming (Mr. BINGAMAN), the Senator from of the Social Security Act to enhance (Mr. ENZI) and the Senator from Illi- Michigan (Ms. STABENOW), the Senator the access of medicare beneficiaries nois (Mr. FITZGERALD) were added as from Michigan (Mr. LEVIN) and the who live in medically underserved Senator from Montana (Mr. BURNS) cosponsors of S. 780, a bill to award a areas to critical primary and preven- congressional gold medal to Chief Phil- were added as cosponsors of S. 569, a tive health care benefits, to improve bill to amend title XVIII of the Social lip Martin of the Mississippi Band of the Medicare+Choice program, and for Choctaw Indians. Security Act to repeal the medicare other purposes. outpatient rehabilitation therapy caps. S. 789 S. 664 S. 582 At the request of Mr. NELSON of Flor- At the request of Mr. GRASSLEY, the At the request of Mr. BUNNING, the ida, the name of the Senator from New name of the Senator from Arkansas name of the Senator from Ohio (Mr. Jersey (Mr. CORZINE) was added as a co- (Mr. PRYOR) was added as a cosponsor DEWINE) was added as a cosponsor of S. sponsor of S. 789, a bill to change the of S. 664, a bill to amend the Internal 582, a bill to authorize the Department requirements for naturalization Revenue Code of 1986 to permanently of Energy to develop and implement an through service in the Armed Forces of extend the research credit, to increase accelerated research and development the United States. the rates of the alternative incre- program for advanced clean coal tech- mental credit, and to provide an alter- S. 816 nologies for use in coal-based elec- native simplified credit for qualified At the request of Mr. CONRAD, the tricity generating facilities and to research expenses. name of the Senator from Nebraska amend the Internal Revenue Code of AGEL S. 678 (Mr. H ) was added as a cosponsor 1986 to provide financial incentives to of S. 816, a bill to amend title XVIII of encourage the retrofitting, repowering, At the request of Mr. AKAKA, the names of the Senator from Michigan the Social Security Act to protect and or replacement of coal-based elec- preserve access of medicare bene- (Mr. LEVIN) and the Senator from Wis- tricity generating facilities to protect ficiaries to health care provided by the environment and improve effi- consin (Mr. FEINGOLD) were added as cosponsors of S. 678, a bill to amend hospitals in rural areas, and for other ciency and encourage the early com- purposes. mercial application of advanced clean chapter 10 of title 39, United States S. 818 coal technologies, so as to allow coal to Code, to include postmasters and post- help meet the growing need of the masters organizations in the process At the request of Ms. SNOWE, the United States for the generation of re- for the development and planning of name of the Senator from Utah (Mr. liable and affordable electricity. certain policies, schedules, and pro- BENNETT) was added as a cosponsor of S. 818, a bill to ensure the independence S. 596 grams, and for other purposes. and nonpartisan operation of the Office At the request of Mr. ENSIGN, the S. 727 name of the Senator from Texas (Mr. At the request of Mr. BYRD, the of Advocacy of the Small Business Ad- ministration. CORNYN) was added as a cosponsor of S. names of the Senator from Ohio (Mr. 596, a bill to amend the Internal Rev- DEWINE) and the Senator from Penn- S. 822 enue Code of 1986 to encourage the in- sylvania (Mr. SPECTER) were added as At the request of Mr. KERRY, the vestment of foreign earnings within cosponsors of S. 727, a bill to reauthor- names of the Senator from Michigan the United States for productive busi- ize a Department of Energy program to (Mr. LEVIN) and the Senator from ness investments and job creation. develop and implement accelerated re- Washington (Ms. CANTWELL) were S. 610 search, development, and demonstra- added as cosponsors of S. 822, a bill to At the request of Mr. VOINOVICH, the tion projects for advanced clean coal create a 3-year pilot program that name of the Senator from Florida (Mr. technologies for use in coal-based elec- makes small, non-profit child care NELSON) was added as a cosponsor of S. tricity generating facilities, to amend businesses eligible for SBA 504 loans. 610, a bill to amend the provisions of the Internal Revenue Code of 1986 to S. 825 title 5, United States Code, to provide provide incentives for the use of those At the request of Mr. HARKIN, the for workforce flexibilities and certain technologies, and for other purposes. name of the Senator from Minnesota Federal personnel provisions relating S. 740 (Mr. DAYTON) was added as a cosponsor to the National Aeronautics and Space At the request of Mr. LIEBERMAN, the of S. 825, a bill to amend the Employee Administration, and for other pur- name of the Senator from Rhode Island Retirement Income Security Act of poses. (Mr. REED) was added as a cosponsor of 1974 and the Internal Revenue Code of

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.033 S29PT1 S5486 CONGRESSIONAL RECORD — SENATE April 29, 2003 1986 to protect pension benefits of em- tional Weapons of Mass Destruction By Mr. BREAUX (for himself, Mr. ployees in defined benefit plans and to Civil Support Teams. ENSIGN, Mr. CRAPO, and Mr. direct the Secretary of the Treasury to S.J. RES. 1 BUNNING): enforce the age discrimination require- At the request of Mr. KYL, the name S. 932. A bill to amend the Internal ments of the Internal Revenue Code of of the Senator from Texas (Mrs. Revenue Code of 1986 to allow a credit 1986. HUTCHISON) was added as a cosponsor of against income tax for taxpayers own- S. 837 S.J. Res. 1, a joint resolution proposing ing certain commercial power takeoff At the request of Mr. BROWNBACK, the an amendment to the Constitution of vehicles; to the Committee on Finance. name of the Senator from Alabama the United States to protect the rights Mr. BREAUX. Mr. President, today I (Mr. SESSIONS) was added as a cospon- of crime victims. rise to introduce the Fuel Tax Equali- zation Credit for Substantial Power sor of S. 837, a bill to establish a com- S. CON. RES. 7 Takeoff Vehicles Act. This bill upholds mission to conduct a comprehensive re- At the request of Mr. SANTORUM, his a long-held principle in the application view of Federal agencies and programs name was added as a cosponsor of S. of the Federal fuels excise tax, and re- and to recommend the elimination or Con. Res. 7, a concurrent resolution ex- stores this principle for certain single realignment of duplicative, wasteful, pressing the sense of Congress that the engine ‘‘dual-use’’ vehicles. or outdated functions, and for other sharp escalation of anti-Semitic vio- purposes. This long-held principle is simple: lence within many participating States fuel consumed for the purpose of mov- S. 845 of the Organization for Security and ing vehicles over the road is taxed, At the request of Mr. GRAHAM of Cooperation in Europe (OSCE) is of while fuel consumed for ‘‘off-road’’ pur- Florida, the names of the Senator from profound concern and efforts should be poses is not taxed. The tax is designed New York (Mrs. CLINTON) and the Sen- undertaken to prevent future occur- to compensate for the wear and tear ator from Washington (Mrs. MURRAY) rences. impacts on roads. Fuel used for a non- were added as cosponsors of S. 845, a f propulsion ‘‘off-road’’ purpose has no bill to amend titles XIX and XXI of the impact on the roads. It should not be Social Security Act to provide States STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS taxed as if it does. This bill is based on with the option to cover certain legal this principle, and it remedies a prob- immigrants under the medicaid and By Mr. STEVENS (for himself, lem created by IRS regulations that State children’s health insurance pro- Mr. CAMPBELL, Mr. DOMENICI, control the application of the federal grams. Mr. HATCH, Mr. INOUYE, and Ms. fuels excise tax to ‘‘dual-use’’ vehicles. S. 853 MURKOWSKI): Duel-use vehicles are vehicles that At the request of Ms. SNOWE, the S. 931. A bill to direct the Secretary use fuel both to propel the vehicle on name of the Senator from Maine (Ms. of the Interior to undertake a program the road, and also to operate separate, COLLINS) was added as a cosponsor of S. to reduce the risks from and mitigate on-board equipment. The two promi- 853, a bill to amend title XVIII of the the effects of avalanches on visitors to nent examples of duel-use vehicles are Social Security Act to eliminate dis- units of the National Park System and concrete mixers, which use fuel to ro- criminatory copayment rates for out- on other recreational users of public tate the mixing drum, and sanitation patient psychiatric services under the land; to the Committee on Energy and trucks, which use fuel to operate the medicare program. Natural Resources. compactor. Both of these trucks move S. 874 Mr. STEVENS. Mr. President, today over the road, but at the same time, a At the request of Mr. TALENT, the I introduce, with Senators CAMPBELL, substantial portion of their fuel use is names of the Senator from Louisiana DOMENICI, HATCH, INOUYE, and MUR- attributable to the non-propulsion (Mr. BREAUX) and the Senator from KOWSKI, the Federal Land Recreational function. Texas (Mrs. HUTCHISON) were added as Visitor Protection Act of 2003. The current problem developed be- cosponsors of S. 874, a bill to amend Across our State of Alaska, Western cause progress in technology has out- title XIX of the Social Security Act to States, and areas of the Northeast, stripped the regulatory process. In the include primary and secondary pre- local governments and businesses past, duel-use vehicles commonly had ventative medical strategies for chil- struggle each year to remove potential two engines, IRS regulations, written dren and adults with Sickle Cell Dis- avalanches or recover form the disas- in the 1950’s, specifically exempt the ease as medical assistance under the trous effects of avalanches. The West portion of fuel used by the separate en- medicaid program, and for other pur- Wide Avalanche Network calculated gine that operates special equipment poses. avalanche damage totals for the West- such as a mixing drum or a trash com- ern U.S. between $600 thousand and $800 S. 876 pactor. These IRS regulations reflect thousand annually. These costs do not the principle that fuel consumed for At the request of Mr. WYDEN, the include the economic losses from town names of the Senator from West Vir- non-propulsion purposes is not taxed. cut-off by avalanches. In our state Today, however, typical duel-use ve- ginia (Mr. BYRD) and the Senator from alone, the Safety Center estimates up- hicles use only one engine. The single Connecticut (Mr. LIEBERMAN) were wards of $18 million in direct damages added as cosponsors of S. 876, a bill to engine both propels the vehicle over both to private property and economic require public disclosure of non- the road and powers the non-propulsion losses over the past 5 years. competitive contracting for the recon- function through ‘‘power takeoff.’’ a While such damage can bring hard- struction of the infrastructure of Iraq, major reason for the growth of these ships to many local communities, none and for other purposes. single-engine, power takeoff vehicles is can compare with the loss of a friend or that they use less fuel. And a major S. 883 family member. The U.S. averages 30 benefit for everyone is that they are At the request of Mr. BREAUX, the deaths a year from avalanches, a ma- better for the environment. name of the Senator from Massachu- jority of which are results of rec- Power takeoff was not in widespread setts (Mr. KERRY) was added as a co- reational activities in unmitigated av- use when the IRS regulations were sponsor of S. 883, a bill to amend title alanche areas. Some States set aside drafted, and the regulations deny an XIX of the Social Security Act to re- money for rescues prior to the winter exemption for fuel used in single-en- vise and simplify the transitional med- season, knowing that the resources re- gine, duel-use vehicles. The IRS de- ical assistance (TMA) program. quired to clear all avalanche threats fends its distinction between one-en- S. 918 are not at hand. gine and two-engine, vehicles based on At the request of Mr. FEINGOLD, the This bill brings those resources to possible administrative problems if ve- name of the Senator from New Jersey the entities that need them the most, hicle owners were permitted to allo- (Mr. CORZINE) was added as a cosponsor enabling us to significantly reduce the cate fuel between the propulsion and of S. 918, a bill to require the Secretary effects of avalanches on visitors, rec- non-propulsion functions. of Defense to implement fully by Sep- reational users, transportation cor- Our bill is designed to address the ad- tember 30, 2004, requirements for addi- ridors, and our local communities. ministrative concerns expressed by the

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.033 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5487 IRS, but at the same time, restore tax businesses and is equipped with a mechanism The issue of tax deductibility is par- fairness for fuel-use vehicles with one under which the vehicle’s propulsion engine ticularly relevant in the settlement of engine. The bill does this by estab- provides the power to operate a load com- various SEC investigations into viola- lishing an annual tax credit available pactor, or tions or potential violations of the se- ‘‘(B) designed to deliver ready mixed con- curities laws. The corporate meltdown for taxpayers that own a licensed and crete on a daily basis and is equipped with a insured concrete mixer or sanitation mechanism under which the vehicle’s propul- of the past two years has caused inves- truck with a compactor. The amount of sion engine provides the power to operate a tors to lose confidence in the stock the credit is $250 and is a conservative mixer drum to agitate and mix the product market. To address investors’ loss of estimate of the excise taxes actually en route to the delivery site. faith, Congress passed the Sarbanes- paid, based on information compiled on ‘‘(c) EXCEPTION FOR VEHICLES USED BY GOV- Oxley Act last July. However, Sar- typical sanitation trucks and concrete ERNMENTS, ETC.—No credit shall be allowed banes-Oxley begins to address only part mixers. under this section for any vehicle owned by of the corporate reform problem, as it In sum, as a fixed income tax credit, any person at the close of a calendar year if applies solely to future corporate ac- such vehicle is used at any time during such tivity. To more fully restore con- no audit or administrative issue will year by— arise about the amount of fuel used for ‘‘(1) the United States or an agency or in- fidence in the markets, America’s the off-road purpose. At the same time, strumentality thereof, a State, a political State and Federal regulators are also the credit provides a rough justice subdivision of a State, or an agency or in- working to hold accountable the cor- method to make sure these taxpayers strumentality of one or more States or polit- porate executives and others in cor- are not required to pay tax on fuels ical subdivisions, or porate America responsible for dam- that they shouldn’t be paying. Also, as ‘‘(2) an organization exempt from tax aging investor confidence. With these an income tax credit, the proposal under section 501(a). efforts to achieve greater account- ‘‘(d) DENIAL OF DOUBLE BENEFIT.—The would have no effect on the highway ability in the business community and amount of any deduction under this subtitle ensure the integrity of our financial trust fund. for any tax imposed by subchapter B of chap- I would like to stress that I believe ter 31 or part III of subchapter A of chapter markets, it is important that the rules the IRS’ interpretation of the law is 32 for any taxable year shall be reduced (but governing the appropriate tax treat- not consistent with long-held prin- not below zero) by the amount of the credit ment of settlements be clear and ad- ciples under the tax law, despite their determined under this subsection for such hered to by taxpayers. administrative concerns. Quite simply, taxable year.’’. Section 162(f) of the Internal Revenue the law should not condone a situation (b) CREDIT MADE PART OF GENERAL BUSI- Code provides that no deduction is al- where taxpayers are required to pay NESS CREDIT.—Subsection (b) of section 38 of lowed as a trade or business expense the Internal Revenue Code of 1986 (relating under section 162(a) for the payment of the excise tax on fuel attributable to to general business credit) is amended by non-propulsion functions. This bill cor- a fine or penalty to a government for striking ‘‘plus’’ at the end of paragraph (14), violation of any law. The enactment of rects an unfair tax that should have by striking the period at the end of para- never been imposed in the first place, I graph (15) and inserting ‘‘, plus’’, and by add- section 162(f) in 1969 codified existing urge my colleagues to cosponsor this ing at the end the following new paragraph: case law that denied the deductibility important piece of legislation. ‘‘(16) the commercial power takeoff vehi- of fines and penalties as ordinary and I ask unanimous consent that the cles credit under section 45G(a).’’. necessary business expenses on the text of the bill be printed in the (c) NO CARRYBACK BEFORE JANUARY 1, grounds that ‘‘allowance of the deduc- 2003.—Subsection (d) of section 39 of the In- RECORD. tion would frustrate sharply defined There being no objection, the bill was ternal Revenue Code of 1986 (relating to national or state policies proscribing carryback and carryforward of unused cred- the particular types of conduct evi- ordered to be printed in the RECORD, as its) is amended by adding at the end the fol- follows: lowing new paragraph: denced by some governmental declara- Be it enacted by the Senate and House of Rep- ‘‘(11) NO CARRYBACK OF SECTION 45G CREDIT tion thereof.’’ Treasury regulations resentatives of the United States of America in BEFORE JANUARY 1, 2003.—No portion of the provide that fine or penalty includes an Congress assembled, unused business credit for any taxable year amount paid in settlement of the tax- SECTION 1. SHORT TITLE. which is attributable to the credit deter- payer’s actual or potential liability for This Act may be cited as the ‘‘Fuel Tax mined under section 45G may be carried back a fine or penalty. Equalization Credit for Substantial Power to a taxable year beginning before January 1, The legislation introduced today Takeoff Vehicles Act’’. 2003.’’. modifies the rules regarding the deter- SEC. 2. CREDIT FOR TAXPAYERS OWNING COM- (d) CLERICAL AMENDMENT.—The table of mination of whether payments are non- MERCIAL POWER TAKEOFF VEHI- sections for subpart D of part IV of sub- CLES. chapter A of chapter 1 of the Internal Rev- deductible payments of fines of pen- (a) IN GENERAL.—Subpart D of part IV of enue Code of 1986 is amended by adding at alties under section 162(f). In par- subchapter A of chapter 1 of the Internal the end the following new item: ticular, the bill generally provides that Revenue Code of 1986 (relating to business-re- amounts paid or incurred, whether by ‘‘Sec. 45G. Commercial power takeoff vehi- lated credits) is amended by adding at the suit, agreement, or otherwise to, or at end the following new section: cles credit.’’. (e) EFFECTIVE DATE.—The amendments the direction of, a government in rela- ‘‘SEC. 45G. COMMERCIAL POWER TAKEOFF VEHI- tion to the violation of any law or the CLES CREDIT. made by this section shall apply to taxable ‘‘(a) GENERAL RULE.—For purposes of sec- years ending after December 31, 2002. investigation or inquiry into the poten- tion 38, the amount of the commercial power tial violation of any law are non- takeoff vehicles credit determined under this By Mr. BAUCUS (for himself, Mr. deductible. The bill applies to deny a section for the taxable year is $250 for each GRASSLEY, and Mr. MCCAIN): deduction for any payment, including qualified commercial power takeoff vehicle S. 936. A bill to amend the Internal those where there is no admission of owned by the taxpayer as of the close of the Revenue Code of 1986 to deny any de- guilt or liability and those made for calendar year with or within which the tax- duction for certain fines, penalties, and the purpose of avoiding further inves- able year ends. other amounts; to the Committee on tigation or litigation. ‘‘(b) DEFINITIONS.—For purposes of this sec- Finance. An exception applies to payments tion— Mr. BAUCUS. Mr. President, today, ‘‘(1) QUALIFIED COMMERCIAL POWER TAKEOFF that the taxpayer establishes are res- VEHICLE.—The term ‘qualified commercial we are introducing the ‘‘Government titution. It is intended that a payment power takeoff vehicle’ means any highway Settlement Transparency Act of 2003.’’ will be treated as restitution only if vehicle described in paragraph (2) which— Over the past several months, we have the payment is required to be paid to ‘‘(A) is propelled by any fuel subject to tax become increasingly concerned about the specific persons, or in relation to under section 4041 or 4081, and the approval of various settlements the specific property, actually harmed ‘‘(B) is used in a trade or business or for that allow penalty payments made to by the conduct of the taxpayer that re- the production of income (and is licensed and the government in settlement of a vio- sulted in the payment. Thus, a pay- insured for such use). lation or potential violation of the law ment to or with respect to a class ‘‘(2) HIGHWAY VEHICLE DESCRIBED.—A high- way vehicle is described in this paragraph if to be tax deductible. This payment broader than the specific persons or such vehicle is— structure shifts the tax burden from property that were actually harmed, ‘‘(A) designed to engage in the daily collec- the wrongdoer onto the backs of the for example, to class including simi- tion of refuse or recyclables from homes or American people. This is unacceptable. larly situated persons or property, does

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.037 S29PT1 S5488 CONGRESSIONAL RECORD — SENATE April 29, 2003 not qualify as restitution. Restitution order or agreement entered into on or before ‘‘(8) $24,635,000,000 or the sum of the max- is limited to the amount that bears a April 27, 2003. Such exception shall not apply imum amounts that all States may receive substantial quantitative relationship to an order or agreement requiring court ap- under subsection (a)(2), whichever is lower, to the harm caused by the past conduct proval unless the approval was obtained on for fiscal year 2011, and, there are hereby ap- or before April 27, 2003. propriated $15,761,000,000 for fiscal year 2011, or actions of the taxpayer that resulted which shall become available for obligation in the payment in question. If the By Mr. HAGEL (for himself, Mr. on July 1, 2011 and shall remain available party harmed is a government, then HARKIN, Mr. WARNER, Mr. through September 30, 2012, except that if restitution includes payment to such CHAFFEE, Ms. COLLINS, Ms. the sum of the maximum amounts that all States may receive under subsection (a)(2) is harmed government, provided the pay- SNOWE, Mr. COLEMAN, Mr. KEN- less than $24,635,000,000, then the amount ap- ment bears a substantial quantitative NEDY, Mr. JEFFORDS, Mr. DODD, relationship to the harm. However, res- propriated in this paragraph shall be reduced Ms. MIKULSKI, Mrs. CLINTON, by the difference between $24,635,000,000 and titution does not include reimburse- Mrs. MURRAY, Mr. BINGAMAN, the sum of the maximum amounts that all ment of government investigative or and Mr. REED.): States may receive under subsection (a)(2); litigation costs, or do payments to S. 939. A bill to amend part B of the ‘‘(9) $25,329,000,000 or the sum of the max- whistleblowers. individuals with Disabilities Education imum amounts that all States may receive The bill would be effective for Act to provide full Federal funding of under subsection (a)(2), whichever is lower, for fiscal year 2012, and, there are hereby ap- amounts paid or incurred on or after such part, to provide an exception to April 28th, 2003, except that it would propriated $16,455,000,000 for fiscal year 2012, the local maintenance of effort require- which shall become available for obligation not apply to amounts paid or incurred ments, and for other purposes; to the on July 1, 2012 and shall remain available under any binding order or agreement Commitee on Health, Education, through September 30, 2013, except that if entered into before such date. Labor, and Pensions. the sum of the maximum amounts that all We ask unanimous consent that the Mr. HAGEL. Mr. President, I ask States may receive under subsection (a)(2) is text of the bill be printed in the unanimous consent that the text of the less than $25,329,000,000, then the amount ap- propriated in this paragraph shall be reduced RECORD. bill be printed in the RECORD. There being no objection, the bill was by the difference between $25,329,000,000 and There being no objection, the bill was the sum of the maximum amounts that all ordered to be printed in the RECORD, as ordered to be printed in the RECORD, as follows: States may receive under subsection (a)(2); follows: ‘‘(10) $26,005,000,000 or the sum of the max- S. 936 S. 939 imum amounts that all States may receive Be it enacted by the Senate and House of Rep- Be it enacted by the Senate and House of Rep- under subsection (a)(2), whichever is lower, resentatives of the United States of America in resentatives of the United States of America in for fiscal year 2013, and, there are hereby ap- Congress assembled, Congress assembled, propriated $17,131,000,000 for fiscal year 2013, SECTION 1. SHORT TITLE. which shall become available for obligation SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Government on July 1, 2013 and shall remain available This Act may be cited as the ‘‘IDEA Full- Settlement Transparency Act of 2003’’. through September 30, 2014, except that if Funding Act of 2003’’. SEC. 2. DENIAL OF DEDUCTION FOR CERTAIN the sum of the maximum amounts that all FINES, PENALTIES, AND OTHER SEC. 2. AMENDMENTS TO IDEA. States may receive under subsection (a)(2) is AMOUNTS. (a) FUNDING.—Section 611(j) of the Individ- less than $26,005,000,000, then the amount ap- (a) IN GENERAL.—Subsection (f) of section uals with Disabilities Education Act (20 propriated in this paragraph shall be reduced 162 of the Internal Revenue Code of 1986 (re- U.S.C. 1411(j)) is amended to read as follows: by the difference between $26,005,000,000 and lating to trade or business expenses) is ‘‘(j) FUNDING.—For the purpose of carrying the sum of the maximum amounts that all amended to read as follows: out this part, other than section 619, there States may receive under subsection (a)(2); ‘‘(f) FINES, PENALTIES, AND OTHER are authorized to be appropriated— and AMOUNTS.— ‘‘(1) $10,874,000,000 for fiscal year 2004, and, ‘‘(11) such sums as may be necessary for ‘‘(1) IN GENERAL.—Except as provided in there are hereby appropriated $2,000,000,000 fiscal year 2014 and each succeeding fiscal paragraph (2), no deduction otherwise allow- for fiscal year 2004, which shall become year.’’. able shall be allowed under this chapter for available for obligation on July 1, 2004 and (b) EXCEPTION TO THE LOCAL MAINTENANCE any amount paid or incurred (whether by shall remain available through September OF EFFORT REQUIREMENTS.—Section suit, agreement, or otherwise) to, or at the 30, 2005; 613(a)(2)(B) of the Individuals with Disabil- direction of, a government in relation to the ‘‘(2) $12,874,000,000 for fiscal year 2005, and, ities Education Act (20 U.S.C. 1413(a)(2)(B)) is violation of any law or the investigation or there are hereby appropriated $4,000,000,000 amended to read as follows: inquiry into the potential violation of any for fiscal year 2005, which shall become ‘‘(B) EXCEPTION.—Notwithstanding the re- law. available for obligation on July 1, 2005 and striction in subparagraph (A)(iii), a local ‘‘(2) EXCEPTION FOR AMOUNTS CONSTITUTING shall remain available through September educational agency may reduce the level of RESTITUTION.—Paragraph (1) shall not apply 30, 2006; expenditures, for 1 fiscal year at a time, if— to any amount which the taxpayer estab- ‘‘(3) $14,874,000,000 for fiscal year 2006, and, ‘‘(i) the State educational agency deter- lishes constitutes restitution for damage or there are hereby appropriated $6,000,000,000 mines, and the Secretary agrees, that the harm caused by the violation of any law or for fiscal year 2006, which shall become local educational agency is in compliance the potential violation of any law. This para- available for obligation on July 1, 2006 and with the requirements of this part during graph shall not apply to any amount paid or shall remain available through September that fiscal year (or, if appropriate, the pre- incurred as reimbursement to the govern- 30, 2007; ceding fiscal year); and ment for the costs of any investigation or ‘‘(4) $16,874,000,000 for fiscal year 2007, and, ‘‘(ii) such reduction is— litigation. there are hereby appropriated $8,000,000,000 ‘‘(I) attributable to the voluntary depar- ‘‘(3) TREATMENT OF CERTAIN NONGOVERN- for fiscal year 2007, which shall become ture, by retirement or otherwise, or depar- MENTAL REGULATORY ENTITIES.—For purposes available for obligation on July 1, 2007 and ture for just cause, of special education per- of paragraph (1), amounts paid or incurred shall remain available through September sonnel; to, or at the direction of, the following non- 30, 2008; ‘‘(II) attributable to a decrease in the en- governmental entities shall be treated as ‘‘(5) $18,874,000,000 for fiscal year 2008, and, rollment of children with disabilities; amounts paid or incurred to, or at the direc- there are hereby appropriated $10,000,000,000 ‘‘(III) attributable to the termination of tion of, a government: for fiscal year 2008, which shall become the obligation of the agency, consistent with ‘‘(A) Any nongovernmental entity which available for obligation on July 1, 2008 and this part, to provide a program of special exercises self-regulatory powers (including shall remain available through September education to a particular child with a dis- imposing sanctions) in connection with a 30, 2009; ability that is an exceptionally costly pro- qualified board or exchange (as defined in ‘‘(6) $20,874,000,000 for fiscal year 2009, and, gram, as determined by the State edu- section 1256(g)(7)). there are hereby appropriated $12,000,000,000 cational agency, because the child— ‘‘(B) To the extent provided in regulations, for fiscal year 2009, which shall become ‘‘(aa) has left the jurisdiction of the agen- any nongovernmental entity which exercises available for obligation on July 1, 2009 and cy; self-regulatory powers (including imposing shall remain available through September ‘‘(bb) has reached the age at which the ob- sanctions) as part of performing an essential 30, 2010; ligation of the agency to provide a free ap- governmental function.’’. ‘‘(7) $22,874,000,000 for fiscal year 2010, and, propriate public education to the child has (b) EFFECTIVE DATE.—The amendment there are hereby appropriated $14,000,000,000 terminated; or made by this section shall apply to amounts for fiscal year 2010, which shall become ‘‘(cc) no longer needs such program of spe- paid or incurred after April 27, 2003, except available for obligation on July 1, 2010 and cial education; that such amendment shall not apply to shall remain available through September ‘‘(IV) attributable to the termination of amounts paid or incurred under any binding 30, 2011; costly expenditures for long-term purchases,

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.039 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5489 such as the acquisition of equipment or the the Elementary and Secondary Edu- due. I think it’s shocking that the construction of school facilities; or cation Act which would have required President is fighting for tax breaks for ‘‘(V) equivalent to the amount of Federal full funding of IDEA. The full funding zillionaires while delaying help for funding the local educational agency re- provision was not in the final con- those who need it most—the children ceives under this part for a fiscal year that exceeds the amount the agency received ference report. Prior to that amend- with special needs and their parents under this part for the preceding fiscal year, ment, there have been 22 separate bills and teachers. We must fully fund IDEA but only if these reduced funds are used for and resolutions in the House and Sen- to ensure that children with disabil- any activity that may be funded under the ate calling for full funding. ities are receiving the services they Elementary and Secondary Education Act of This year, the time has come for full need to succeed with their classmates 1965 (20 U.S.C. 6301 et seq.).’’. funding to make it into law. It has in public schools. (c) REPEAL.—Section 613(a)(2) of the Indi- been 28 years since the Federal Govern- In 1975, Congress promised to pay 40 viduals with Disabilities Education Act (20 ment agreed to pay a share of IDEA percent of the cost of special education U.S.C. 1413(a)(2)) is further amended— (1) by striking subparagraph (C); and it is time to meet that goal. when it passed the Individuals with (2) by redesignating subparagraph (D) as The IDEA has been remarkably suc- Disabilities Education Act. Yet it has 1 subparagraph (C); and cessful. In 1975, only ⁄5 of children with never paid more than 17.5 percent. That (3) in subparagraph (A)(iii), by striking disabilities received a formal education means local districts must make up the ‘‘paragraphs (B) and (C)’’ and inserting and several States had laws specifi- difference, either by cutting from other ‘‘paragraph (B)’’. cally excluding many children with education programs or by raising disabilities, including those who were taxes. I don’t want to force States and Mr. HARKIN. Mr. President, today, blind, deaf, or had mental health needs local school districts to forage for Senator HAGEL and I, and others intro- from receiving such an education. The funds, cut back on teacher training, or duce ‘‘The IDEA Full Funding Act of most recent data on the number of delay school repairs because the Fed- 2003.’’ This bill will provide increased children served under IDEA indicates eral Government has failed to live up mandatory funding for the Individuals that over 6 million children are cur- to its commitment to special edu- with Disabilities Education Act, IDEA, rently benefiting from the law. cation. That’s why fully funding IDEA and meet the Federal Government’s Although IDEA has been successful, is one of my top priorities. commitment to pay 40 percent of the there is more work to be done. Every Everywhere I go in Maryland, I hear average per pupil expenditures. These time I speak to school districts in about IDEA. I hear about it in urban, additional funds will ensure that every Iowa, they tell me that the costs of rural, and suburban communities, from child with a disability gets a free, ap- special education are very difficult for Democrats and Republicans, and from propriate public education. them to manage. Some parents of chil- parents and teachers. They tell me In 1975, when the IDEA was passed in dren with disabilities also complain that the Federal Government is not the House and Senate, there was an that their children are not getting the living up to its promise, that special agreement made by negotiators based education promised by IDEA. education costs about 18 percent of the on the understanding that the Federal This bill will provide significant ad- average school budget, that schools are Government’s goal would be to provide ditional resources. In 2003, we are fund- suffering, and the parents are worried. 40 percent of the average per pupil ex- ing $17.6 percent of the cost at 8.8 bil- Parents today are under a lot of penditures in each local education lion dollars. Under our bill, this num- stress—sometimes working two jobs area. There was no time frame placed ber rises steeply to 22 percent of the just to make ends meet, trying to find on this goal, but since that time it has cost and 10.8 billion dollars in 2004. The day care for their kids, and elder care been understood that ‘‘full funding’’ for increases continue until 2011, when we for their own parents. The Federal IDEA means reaching that 40 percent reach 40 percent and an expenditure of Government shouldn’t add to their goal. 24.6 billion. Iowa sees its funding rise worries by not living up to its obliga- For the past 28 years, we have put ad- from 96 million in 2003 to 278.3 million tions. With the Federal Government ditional resources into IDEA but we in 2011. We are more than doubling the not paying its share of special ed these have not come close to full funding. resources going to special education in parents have real questions in their This bill will put our money where our Iowa and elsewhere. minds: Will my child will have a good mouth is and say that the federal gov- I want to thank Senator HAGEL for teacher? Will the classes have up-to- ernment will be full partners with his ongoing leadership on this issue date textbooks? Will they be learning states and local governments in meet- and for his work in achieving bipar- what they need to know? ing the needs of children with disabil- tisan support for this bill. I also want Parents of disabled children face such ities. to thank Senators KENNEDY, JEFFORDS a tough burden already. School should This bill fully funds the IDEA. It ap- and DODD for their longstanding com- not be one of the many things they propriates funds for the next 10 years, mitment to fully funding IDEA. In ad- have to worry about, particularly when gradually increasing the percentage of dition, I want to acknowledge all of the the laws are already on the books to funds which are mandatory and in- co-sponsors of this bill, who are joining guarantee their child a public school creasing the amounts so that in year 8 me today in leading the way for Con- education. The bottom line is that the we are at the level projected to equal 40 gress to finally pass full funding into Federal Government is shortchanging percent of the average per pupil ex- law. these parents by not paying its share of penditure. While we have seen welcome This is a win-win-win bill. With this special ed costs. increases in IDEA spending over the advance appropriations, students with This bill will give local governments past few years, past year increases do disabilities will get the public edu- the resources they need to improve not guarantee future increases. This cation they have a right to, school dis- education for all children. It will free bill guarantees full funding, phased in tricts will be able to provide services up money in local budgets for hiring over 8 years. without cutting into their general edu- more teachers, buying new textbooks This bill does not create a new enti- cation budgets, and in cases where all and technology, and repairing old tlement program. It provides advanced IDEA-eligible children are getting the school buildings. It will help the teach- appropriations for the next 10 years, services they are entitled to, property ers who struggle with teaching the but it has a set amount for each year, taxpayers get relief. toughest students. It will help students not an open-ended figure. Ms. MIKULSKI. Mr. President, I rise with disabilities and their families by This bill also provides incentive for in support of the IDEA Full Funding providing enough funding for special compliance with the requirements of Act of 2003. I’m so proud to cosponsor education programs so parents can IDEA. If all of the IDEA-eligible chil- this important legislation. This bill have one less thing to worry about, and dren are getting the services that they provides mandatory increases for IDEA students get the opportunities they de- are entitled to, then local property tax- funding each year, so that the Federal serve. payers get relief. Government will be paying its full Full funding of IDEA is essential. It Last year, the Senate passed an share of the cost of special education will give disabled children a chance to amendment to the reauthorization of by 2011. This legislation is long over- succeed in school and in life without

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.046 S29PT1 S5490 CONGRESSIONAL RECORD — SENATE April 29, 2003 shortchanging other vital education uralized person was separated from the serv- tient and outpatient services; a tech- programs. It will give parents peace of ice under other than honorable conditions nology and infrastructure add on; cost mind about their children’s education. shall be proved by a duly authenticated cer- based reimbursement for home health tification from the executive department Let’s pass this bill as soon as possible. under which the person was serving at the services where the provider is isolated; time of separation.’’. cost based reimbursement for ambu- By Mr. GRAHAM of South Caro- (e) TECHNICAL AND CONFORMING AMEND- lance services; and the restoration of lina: MENT.—Section 328(b)(3) of the Immigration Medicare bad debt payments at 100 per- S. 940. A bill to amend the Immigra- and Nationality Act (8 U.S.C. 1439(b)(3)) is cent. tion and Nationality Act relating to amended by striking ‘‘Attorney General’’ And the cost of the bill, which we be- naturalization through service in the and inserting ‘‘Secretary of Homeland Secu- lieve with stabilize health care in rural rity’’. Armed Forces of the United States; to America, is less than 1⁄2 of 1 percent of the Committee on the Judiciary. By Mr. BROWNBACK (for himself annual Medicare expenditures. Mr. GRAHAM of South Carolina. Mr. and Mr. NELSON of Nebraska): This is an important bill for rural President, I ask unanimous consent S. 942. A bill to amend title XVIII of hospitals; and I don’t think you can that the text of the bill be printed in the Social Security Act to provide for overestimate the importance of rural the RECORD. improvements in access to services in hospitals to the communities they There being no objection, the bill was rural hospitals and critical access hos- serve. ordered to be printed in the RECORD, as pitals; to the Committee on Finance. Mr. NELSON of Nebraska. Mr. Presi- follows: Mr. BROWNBACK. Mr. President, dent, today I join Senator BROWNBACK S. 940 rural America has been depopulating at in introducing the Rural Community Be it enacted by the Senate and House of Rep- an alarming rate. The same is true for Hospital Assistance Act. This legisla- resentatives of the United States of America in the rural counties in Kansas. In fact, tion is intended to ensure the future of Congress assembled, over half of the counties in the State small rural hospitals by restructuring SECTION 1. SHORT TITLE. are losing population. the way they are reimbursed for Medi- This Act may be cited as the ‘‘Armed We are going to stop that trend. care services by basing the reimburse- Forces Citizenship Act of 2003’’. Senators, like BEN NELSON and I, who ments on actual costs instead of the SEC. 2. NATURALIZATION THROUGH SERVICE IN grew up in small towns know a little THE ARMED FORCES OF THE current pre-set cost structure. UNITED STATES. secret. Rural America is a great place Current law allows for very small (a) MINIMUM PERIOD OF SERVICE ELIMI- to live. However, for rural towns to hospitals—designated Critical Access NATED.—Section 328(a) of the Immigration compete with urban areas for talented Hospitals, CAH, to receive cost-based and Nationality Act (8 U.S.C. 1439(a)) is young people, they have to be able to Medicare reimbursements. To qualify amended by striking ‘‘for a period or periods provide the basics—like high quality as a CAH the facility must have no aggregating three years,’’. health care. more than 15 acute care beds. (b) PROHIBITION ON IMPOSITION OF FEES RE- For the hospitals represented here In rural communities, hospital facili- LATING TO NATURALIZATION.—Section 328(b) today to be able to provide high qual- ties that are slightly larger than the 15 of the Immigration and Nationality Act (8 ity health care for rural America, they U.S.C. 1439(b)) is amended— bed limit share with Critical Access (1) in paragraph (3)— have to be able to count on Medicare Hospitals the same economic condi- (A) by striking ‘‘honorable. The’’ and in- for fair reimbursement. For quite a few tions, the same treatment challenges, serting ‘‘honorable (the’’; and hospitals in Kansas, 70 and 80 percent the same disparity in coverage area but (B) by striking ‘‘discharge.’’ and inserting of their caseload is paid for by Medi- do not share the same reimbursement ‘‘discharge); and’’; and care. For the communities these hos- arrangement. These rural hospitals (2) by adding at the end the following: pitals serve, fair Medicare reimburse- ‘‘(4) notwithstanding any other provision have to compete with larger urban- ment is vitally important. based hospitals that can perform the of law, no fee shall be charged or collected Unfortunately, much of the regula- same services at drastically reduced from the applicant for filing an application tion that comes out of CMS is based on costs. They are also discouraged from under subsection (a) or for the issuance of a economics of scale. The actuaries and certificate of naturalization upon citizenship investing in technology and other accountants in Baltimore produce pay- being granted to the applicant, and no clerk methods to improve the quality of care ment systems and formulas for reim- of any State court shall charge or collect in their communities because those in- bursement. The assumption is that the any fee for such services unless the laws of vestments are not supported by Medi- the State require such charge to be made, in hospitals that are the most efficient care reimbursement procedures. which case nothing more than the portion of will be the most successful. Unfortu- The legislation would provide cost- the fee required to be paid to the State shall nately, efficiency is often a product of based Medicare reimbursement by cre- be charged or collected.’’. volume. If you treat 5,000 stroke pa- ating a new ‘‘rural’’ designation under (c) CONDUCT OF NATURALIZATION PRO- tients in a year, you are probably going CEEDINGS OVERSEAS FOR MEMBERS OF THE the Medicare reimbursement system. to be more efficient than if you treat ARMED FORCES OF THE UNITED STATES.—Not- This new designation would benefit withstanding any other provision of law, the only 5. Efficiency is a laudable goal, but it seven Nebraska hospitals. Hospitals in Secretary of Homeland Security, the Sec- McCook, Alliance, Broken Bow, Bea- retary of State, and the Secretary of Defense shouldn’t be the only goal of Medicare. shall ensure that any applications, inter- Particularly, when it comes to pro- trice, Columbus, Holdrege and Lex- views, filings, oaths, ceremonies, or other viding health care in a hospital with ington would fall under this new des- proceedings under title III of the Immigra- fewer than 50 beds. ignation, and would have similar bene- tion and Nationality Act (8 U.S.C. 1401 et That is why Senator NELSON and I fits provided to nearly sixty other Ne- seq.) relating to naturalization of members are introducing the ‘‘Rural Community braska hospitals classified under the of the Armed Forces are available through Hospital Assistance Act of 2003.’’ Rath- CAH system. United States embassies, consulates, and as er than rely on formulas calculated by The legislation would also improve practicable, United States military installa- CMS bureaucrats in Baltimore, the the hospitals with critical access sta- tions overseas. tus. Nearly sixty existing CAH facili- (d) REVOCATION OF CITIZENSHIP FOR SEPA- hospitals covered under our bill will RATION FROM MILITARY SERVICE UNDER rely on cost-based reimbursement. In ties in Nebraska already receive cost- OTHER THAN HONORABLE CONDITIONS.—Sec- addition, the bill recognizes that these based reimbursements for inpatient tion 328 of the Immigration and Nationality hospitals don’t have the volume to and outpatient services. The legisla- Act (8 U.S.C. 1439) is amended by adding at cover bad debt from patients and to tion would further assist these existing the end the following: keep up with growing demands for new CAH facilities by allowing them a re- ‘‘(f) Citizenship granted pursuant to this technology and infrastructure. turn on equity for technology and in- section may be revoked in accordance with This bill will create a new Rural frastructure investments and by ex- section 340 if at any time subsequent to nat- uralization the person is separated from the Community Hospital designation with- tending the cost-based reimbursement military, air, or naval forces under other in Medicare for rural hospitals with to certain post-acute services. than honorable conditions, and such ground fewer than 50 beds. Rural hospitals cannot continue to for revocation shall be in addition to any These hospitals will be eligible for provide these services without having other provided by law. The fact that the nat- cost-based reimbursement for impa- Medicare cover the costs. If something

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.072 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5491 is not done, the larger hospitals may be same as without one. According to the ert McFarlane; and former Chairman of forced to cut back on the number of Department of Energy, retail elec- the Joint Chiefs of Staff, Thomas beds they keep—and the number of peo- tricity costs by the year 2020 without Moorer, stated that a strong RPS is an ple they care for, and others may be an RPS would be 6.5 cents per kilowatt important component of addressing the forced to close their doors. These hos- hour. If a 20 percent RPS is in effect, significant challenges to America’s pitals provide jobs, good wages, health retail electricity costs would be ap- new energy security. care and economic development oppor- proximately 6.7 cents per kilowatt Rapidly increasing the production of tunity for these communities. Without hour. renewable energy is vital to America’s access to these hospitals, these com- However, the Department of Energy future. We must be willing to take the munities would not survive. The Rural studies also indicate that because an steps necessary to make that happen. Community Hospital Assistance Act RPS creates a more diverse and com- The Renewable Energy Investment Act will ensure that the community has ac- petitive market for energy supply, of 2003 is an essential part of that goal cess to high quality health care that is overall domestic consumer energy and I urge my colleagues to join with affordable to the patient and the pro- costs will actually decrease by almost me in supporting this important legis- vider. nine percent. lation. Equally important, shifting to great- I ask unanimous consent that the By Mr. JEFFORDS (for himself, er renewable energy production will text of the bill be printed in the Mr. DURBIN, Mr. REID, and Mr. have dramatic impacts on human RECORD. KERRY): health and the environment. The De- There being no objection, the bill was S. 944. A bill to enhance national se- partment of Energy has found that, as ordered to be printed in the RECORD, as curity, environmental quality, and eco- demand for energy grows, without follows: nomic stability by increasing the pro- changes to Federal law U.S. carbon S. 944 duction of clean, domestically pro- emissions will increase forty seven per- Be it enacted by the Senate and House of Rep- duced renewable energy as a fuel cent above the 1990 level by 2020. How- resentatives of the United States of America in source for the national electric system; ever, with a twenty percent renewables Congress assembled, to the Committee on Energy and Nat- standard, U.S. carbon dioxide emis- SECTION 1. SHORT TITLE. ural Resources. sions will decrease by more than eight- This Act may be cited as the ‘‘Renewable Mr. JEFFORDS. Mr. President, I rise een percent by 2020. Energy Investment Act of 2003.’’ today to introduce, along with Sen- Electricity production, primarily SEC. 2. DEFINITIONS. ators DURBIN, REID, and KERRY, the from burning coal, is the source of an In this Act: ‘‘Renewable Energy Investment Act of estimated sixty six percent of sulfur (1) BIOMASS.— (A) IN GENERAL.—The term ‘‘biomass’’ 2003.’’ oxide, SOx, emissions. These chemicals This legislation will guarantee that means— are the main cause of acid rain, which (i) organic material from a plant that is by the year 2020, twenty percent of our kills rivers and lakes, and damages planted for the purpose of being used to electricity will be produced from re- crops and buildings. Burning fossil produce energy; newable energy resources. These re- fuels to produce electricity also emits (ii) nonhazardous, cellulosic or agricul- sources include wind, biomass, solar, nitrogen oxides, NOx, which cause tural waste material that is segregated from ocean, geothermal and landfill gas. health-damaging smog. Ground-level other waste materials and is derived from— Again and again, I have heard mem- ozone caused by nitrogen oxide contrib- (I) a forest-related resource, including— (aa) mill and harvesting residue; bers come to this floor and say how im- utes to asthma, bronchitis and other portant renewable energy is to our en- (bb) precommercial thinnings; respiratory problems. (cc) slash; and vironment, to our national security, Electricity produced from nuclear (dd) brush; and to our domestic economic sta- power, while not responsible for the (II) an agricultural resource, including— bility. I agree. But if we want to emissions associated with burning of (aa) orchard tree crops; achieve these great benefits, we must, fossil fuels, results in highly toxic, and (bb) vineyards; as they say, ‘‘put our money where our essentially permanent wastes for which (cc) grains; mouth is.’’ It is time to pass realistic, no complete disposal option currently (dd) legumes; achievable standards to guarantee that exists. (ee) sugar; and renewable energy is produced. (ff) other crop byproducts or residues; or Switching to renewable resources vir- (III) miscellaneous waste such as— The Renewable Energy Investment tually eliminates these concerns. The (aa) waste pallet; Act of 2003 is a very important step in Renewable Energy Investment Act of (bb) crate; and that direction. It will create a renew- 2003 will help reduce emissions of car- (cc) landscape or right-of-way tree trim- able portfolio standard or ‘‘RPS’’ under bon dioxide, sulfur dioxide, nitrogen di- mings; and which utilities and others who supply oxide, mercury and particulate matter, (iii) animal waste that is converted to a electricity to retail consumers will be without creation of toxic wastes. fuel rather than directly combusted, the res- required to ensure that by the year The twenty percent RPS established idue of which is converted to a biological fer- 2020, twenty percent of our domestic in this legislation will also create tilizer, oil, or activated carbon. (B) EXCLUSIONS.—The term ‘‘biomass’’ does electricity is generated from renewable thousands of new, high quality jobs and not include— energy sources. The RPS in this legis- bring significant new investment to (i) incineration of municipal solid waste; lation provides a flexible, market-driv- rural communities. It will create an es- (ii) recyclable postconsumer waste paper; en system of tradeable credits by which timated $80 million in new capitol in- (iii) painted, treated, or pressurized wood; utilities can readily achieve these re- vestment, and result in more than $5 (iv) wood contaminated with plastic or newable energy requirements. billion in new property tax revenues. metal; or Why twenty percent by 2020? Because It will bring increased diversity to (v) tires. the U.S. Department of Energy, our energy sector, creating greater (2) DISTRIBUTED GENERATION.—The term through its Energy Information Ad- ‘‘distributed generation’’ means reduced market stability and reducing the price electricity consumption from the electric ministration, has repeatedly indicated spikes that so often plague our domes- grid due to use by a customer of renewable that requiring that twenty percent of tic natural gas markets. energy generated at a customer site. our electricity come from renewable Greater diversity also reduces the (3) INCREMENTAL HYDROPOWER.—The term energy by the year 2020 will actually vulnerability of our energy infrastruc- ‘‘incremental hydropower’’ means additional lower overall consumer energy costs, ture to terrorist threats. generation achieved from increased effi- while at the same time achieving tre- In a letter to Congress shortly after ciency after January 1, 2003, at a hydro- mendous environmental benefits. the attacks of September 11, 2001, sev- electric dam that was placed in service be- According to the most recent esti- eral national security experts endorsed fore January 1, 2003. (4) LANDFILL GAS.—The term ‘‘landfill gas’’ mates derived from the Department of congressional passage of an RPS. The means gas generated from the decomposition Energy, consumer electricity prices letter, signed by former CIA director of household solid waste, commercial solid under a twenty percent renewable port- James Woolsey; former National Secu- waste, or industrial solid waste disposed of folio standard would be largely the rity Advisor to President Reagan, Rob- in a municipal solid waste landfill unit (as

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those terms are defined in regulations pro- (1) APPLICATION.— (1) RATES.—The rates charged to classes of mulgated under subtitle D of the Solid Waste (A) IN GENERAL.—Under the program estab- consumers by a retail electric supplier shall Disposal Act (42 U.S.C. 6941 et seq.)). lished under subsection (d), an entity that reflect a proportional percentage of the cost (5) RENEWABLE ENERGY.—The term ‘‘renew- generates electric energy through the use of of generating or acquiring the required an- able energy’’ means electricity generated a renewable energy resource may apply to nual percentage of renewable energy under from— the Secretary for the issuance of renewable subsection (a). (A) a renewable energy source; or energy credits. (2) REPRESENTATIONS TO CUSTOMERS.—A re- (B) hydrogen that is produced from a re- (B) CONTENTS.—An application under sub- tail electric supplier shall not represent to newable energy source. paragraph (A) shall indicate— any customer or prospective customer that (6) RENEWABLE ENERGY SOURCE.—The term (i) the type of renewable energy resource any product contains more than the percent- ‘‘renewable energy source’’ means— used to produce the electric energy; age of eligible resources if the additional (A) wind; (ii) the State in which the electric energy amount of eligible resources is being used to (B) ocean waves; was produced; and satisfy the renewable generation require- (C) biomass; (iii) any other information that the Sec- ment under subsection (a). (D) solar sources; retary determines to be appropriate. (j) ENFORCEMENT.— (E) landfill gas; (2) ISSUANCES.— (1) IN GENERAL.—A retail electric supplier (F) incremental hydropower; or (A) IN GENERAL.—Except as provided in that does not submit renewable energy cred- (G) a geothermal source. subparagraph (C), the Secretary shall issue its as required under subsection (a) shall be (7) RETAIL ELECTRIC SUPPLIER.—The term to an entity applying under this subsection 1 liable for the payment of a civil penalty. ‘‘retail electric supplier’’, with respect to renewable energy credit for each kilowatt- (2) AMOUNT.—The amount of a civil penalty any calendar year, means a person or entity hour of renewable energy generated in any under paragraph (1) shall be calculated on that— State from the date of enactment of this Act the basis of the number of renewable energy (A) sells retail electricity to consumers; and in each subsequent calendar year. credits not submitted, multiplied by the less- and (B) VESTING.—A renewable energy credit er of 4.5 cents or 300 percent of the average (B) sold not less than 500,000 megawatt- will vest with the owner of the system or fa- market value of renewable energy credits for hours of electric energy to consumers for cility that generates the renewable energy the compliance period. purposes other than resale during the pre- unless the owner explicitly transfers the re- (k) INFORMATION COLLECTION.—The Sec- ceding calendar year. newable energy credit. retary may collect the information nec- essary to verify and audit— (8) SECRETARY.—The term ‘‘Secretary’’ (C) AMOUNT.—The Secretary shall issue 3 means the Secretary of Energy. renewable energy credits for each kilowatt- (1) the annual electric energy generation hour of distributed generation. and renewable energy generation of any enti- SEC. 3. RENEWABLE ENERGY GENERATION ty applying for renewable energy credits STANDARDS. (3) ELIGIBILITY.— under this section; (a) RENEWABLE ENERGY CREDITS.— (A) IN GENERAL.—To be eligible for a re- (2) the validity of renewable energy credits (1) IN GENERAL.—For each calendar year be- newable energy credit, the unit of electricity submitted by a retail electric supplier to the ginning in calendar year 2006, each retail generated through the use of a renewable en- Secretary; and electric supplier shall submit to the Sec- ergy resource shall be sold for retail con- (3) the quantity of electricity sales of all retary, not later than April 30 of each year, sumption or used by the generator. retail electric suppliers. renewable energy credits in an amount equal (B) ENERGY GENERATED FROM A COMBINA- (l) VOLUNTARY PARTICIPATION.—The Sec- to the required annual percentage of the re- TION OF SOURCES.—If both a renewable energy resource and a nonrenewable energy resource retary may issue a renewable energy credit tail electric supplier’s total amount of kilo- under subsection (e) to any entity not sub- watt-hours of nonhydropower electricity sold are used to generate the electric energy, the Secretary shall issue renewable energy cred- ject to the requirements of this Act only if to consumers during the previous calendar the entity applying for the renewable energy year. its based on the proportion of the renewable energy resource used. credit meets the terms and conditions of this (2) CARRYOVER OF RENEWABLE ENERGY CRED- Act to the same extent as entities subject to (C) IDENTIFICATION OF TYPE AND DATE.—The ITS.—A renewable energy credit for any year this Act. that is not used to satisfy the minimum re- Secretary shall identify renewable energy credits by the type and date of generation. SEC. 4. STATE RENEWABLE ENERGY GRANT PRO- quirement for that year may be carried over GRAM. (4) SALE UNDER CONTRACT UNDER PURPA.—In for use within the next 2 years. (a) DISTRIBUTION OF AMOUNTS.—The Sec- (b) REQUIRED ANNUAL PERCENTAGE.—Of the a case in which a generator sells electric en- retary shall distribute amounts received total amount of nonhydropower electricity ergy generated through the use of a renew- from sales under subsection 3(h) and from sold by each retail electric supplier during a able energy resource to a retail electric sup- amounts received under subsection 3(k) to calendar year, the amount generated by re- plier under a contract subject to section 210 States to be used for the purposes of this sec- newable energy sources shall be not less than of the Public Utilities Regulatory Policies tion. the percentage specified below: Act of 1978 (16 U.S.C. 824a–3), the retail elec- (b) PROGRAM.— tric supplier shall be treated as the gener- Calendar year: Percentage of (1) IN GENERAL.—Not later than 1 year after ator of the electric energy for the purposes the date of enactment of this Act, the Sec- Renewable energy of this Act for the duration of the contract. each year: retary shall establish a program to promote (f) SALE OR EXCHANGE OF RENWABLE EN- State renewable energy production and use. 2006–2009 ...... 5 ERGY CREDITS.— 2010–2014 ...... 10 (2) USE OF FUNDS.—The Secretary shall (1) IN GENERAL.—A renewable energy credit 2015–2019 ...... 15 make funds available under this section to may be sold or exchanged by the entity State energy agencies for grant programs 2020 and subsequent years ...... 20. issued the renewable energy credit or by any (c) SUBMISSION OF RENEWABLE ENERGY for— other entity that acquires the renewable en- (A) renewable energy research and develop- CREDITS.— ergy credit. (1) IN GENERAL.—To meet the requirements ment; (2) MANNER OF SALE.—A renewable energy (B) loan guarantees to encourage construc- under subsection (a), a retail electric sup- credit may be sold or exchanged in any man- plier shall submit to the Secretary— tion of renewable energy facilities; ner not in conflict with existing law, includ- (C) consumer rebate or other programs to (A) renewable energy credits issued to the ing on the spot market or by contractual ar- retail electric supplier under subsection (e); offset costs of small residential or small rangements of any duration. commercial renewable energy systems in- (B) renewable energy credits obtained by (g) PURCHASE FROM THE UNITED STATES.— cluding solar hot water; or purchase or exchange under subsection (f); (1) IN GENERAL.—The Secretary shall offer (D) promotion of distributed generation. (C) renewable energy credits purchased renewable energy credits for sale at the less- from the United States under subsection (g); (c) PREFERENCE.—In allocating funds under er of 3 cents per kilowatt-hour or 110 percent the program, the Secretary shall give pref- or of the average market value of renewable en- (D) any combination of renewable energy erence to— ergy credits for the applicable compliance (1) States that have a disproportionately credits obtained under subsections (e), (f), period. and (g). small share of economically sustainable re- (2) ADJUSTMENT FOR INFLATION.—On Janu- newable energy generation capacity; and (2) NO DOUBLE COUNTING.—A renewable en- ary 1 of each year following calendar year (2) State grant programs that are most ergy credit may be counted toward compli- 2006, the Secretary shall adjust for inflation ance with subsection (a) only once. likely to stimulate or enhance innovative re- the price charged per renewable energy cred- newable energy technologies. (d) RENEWABLE ENERGY CREDIT PROGRAM.— it for the calendar year. Not later than 1 year after the date of enact- (h) STATE PROGRAMS.—Nothing in this sec- ment of this Act, the Secretary shall estab- By Mr. MCCAIN: tion precludes any State from requiring ad- S. 945. A bill to amend title 37, lish a program to issue, monitor the sale or ditional renewable energy generation in the exchange of, and track renewable energy State under any renewable energy program United States Code, to improve the credits. conducted by the State not in conflict with process for adjusting the rates of pay (e) ISSUANCE OF RENEWABLE ENERGY CRED- this Act. for members of the uniformed services; ITS.— (i) CONSUMER ALLOCATION.— to the Committee on Armed Services.

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.054 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5493 Mr. MCCAIN. Mr. President, I am the rates of basic pay for members of the By Mr. LEAHY (for himself, Mr. proud to sponsor the Military Pay uniformed services under section 203(a) of GRASSLEY, Mr. DURBIN, Mr. this title shall be increased under this sec- Comparability Act of 2003. In 1999, the FEINGOLD, Mr. KOHL, and Mr. tion.’’. Committee on Armed Services passed (b) EFFECTIVENESS OF ADJUSTMENT.—Sub- SCHUMER): landmark legislation providing signifi- section (b) of such section is amended by S. 946. A bill to enhance competition cant benefits to the entire Total Force. striking ‘‘shall—’’ and all that follows and for prescription drugs by increasing the I believe we must improve upon this inserting ‘‘shall have the force and effect of ability of the Department of Justice legislation so that we not only elimi- law.’’. and Federal Trade Commission to en- nate ‘‘pay comparability gap,’’ but en- (c) PERCENTAGE OF ADJUSTMENT.—Sub- force existing antitrust laws regarding section (c) of such section is amended to read sure that we do not recreate one in the as follow: brand name drugs and generic drugs; to future. ‘‘(c) EQUAL PERCENTAGE INCREASE FOR ALL the Committee on the Judiciary. Under the 1999 legislation, military MEMBERS.—(1) Subject to subsection (d), an Mr. LEAHY. Mr. President, last No- raises will exceed growth in the ECI by adjustment made under this section in a vember, the Drug Competition Act one-half percent per year through fis- year shall provide all eligible members with passed the Senate by unanimous con- cal year 2006. However, starting in 2007, an increase in the monthly basic pay that is sent. This morning, I am proud to join the percentage (rounded to the nearest one- military raises will revert to being Senator GRASSLEY, along with Sen- capped one-half percentage point below tenth of 1 percent) by which the ECI for the base quarter of the year before the preceding ators Durbin, Feingold, Kohl and Schu- the ECI. year exceeds the ECI for the base quarter of mer in re-introducing this important As a former ranking member and the second year before the preceding cal- bill, I hope that in this Congress it is long-time member on the Personnel endar year (if at all). actually enacted into law. Prescription Subcommittee when Senator John ‘‘(2) Notwithstanding paragraph (1), but drug prices are rapidly increasing, and Glenn was the chairman, my experi- subject to subsection (d), the percentage of are a source of considerable concern to the adjustment taking effect under this sec- ence with capping military raises many Americans, especially senior below ECI during the last three decades tion during each of fiscal years 2004, 2005, and 2006, shall be one-half of 1 percentage point citizens and families. Generic drug shows that such caps inevitably lead to higher than the percentage that would other- prices can be as much as 80 percent significant retention problems among wise be applicable under such paragraph.’’. lower than the comparable brand name second-term and career service mem- (d) PUBLICATION OF ADJUSTED RATES.—Sub- version. bers. section (e) of such section is amended— While the Drug Competition Act is Those retention problems cost our (1) by striking ‘‘(e) NOTICE OF ALLOCA- small in terms of length, it is large in Nation more in the long run in terms TIONS.—’’ and inserting ‘‘(e) NOTIFICATION AND PUBLICATION REQUIREMENTS.—(1)’’; and terms of impact. It will ensure that law of lost military experience, decreased enforcement agencies can take quick readiness, and increased training costs. (2) by adding at the end the following new paragraph: and decisive action against companies Since military pay was last com- ‘‘(2) The rates of basic pay that take effect that are driven more by greed than by parable with private sector pay in 1982, under this section shall be printed in the good sense. It gives the Federal Trade military pay raises have lagged a cu- Federal Register and the Code of Federal Commission and the Justice Depart- mulative 6.4 percent behind private Regulations.’’. (e) PRESIDENTIAL DETERMINATION OF NEED ment access to information about se- sector wage growth—although recent cret deals between drug companies that efforts of the executive and legislative FOR ALTERNATIVE PAY ADJUSTMENT.—Such section is further amended— keep generic drugs off the market. This branches have reduced the gap signifi- (1) by redesignating subsection (g) as sub- is a practice that hurts American fami- cantly from its peak of 13.5 percent in section (h); and lies, particularly senior citizens, by de- 1999. Our efforts in 1999 increased pay (2) by inserting after subsection (f) the fol- nying them access to low-cost generic raises, reformed the pay tables, took lowing new subsection (g): drugs, and further inflating medical ‘‘(g) PRESIDENTIAL DETERMINATION OF NEED nearly 12,000 service members off of costs. food stamps, and established a military FOR ALTERNATIVE PAY ADJUSTMENT.—(1) If, because of national emergency or serious Last fall, the Federal Trade Commis- Thrift Savings Plan. sion released a comprehensive report We have to improve upon the 1999 law economic conditions affecting the general welfare, the President considers the pay ad- on barriers the entry of generic drugs to ensure future raises track to civilian justment which would otherwise be required into the pharmaceutical marketplace. pay growth so we don’t fall back into by this section in any year to be inappro- The FTC had two recommendations to pay caps that will get us back in the priate, the President shall prepare and trans- improve the current situation and to negative retention/readiness cycle. mit to Congress before September 1 of the close the loopholes in the law that Subsequent raises after 2006 must sus- preceding year a plan for such alternative allow drug manufacturers to manipu- tain full comparability with increases pay adjustments as the President considers late the timing of generics’ introduc- in the ECI. A key principal of the all appropriate, together with the reasons there- for. tion to the market. One of those rec- volunteer force, AVF, is that military ‘‘(2) In evaluating an economic condition ommendations was simply to enact our pay raises must match private sector affecting the general welfare under this sub- bill, as the most effective solution to pay growth, as measured by ECI. Our section, the President shall consider perti- action in this area will send a strong nent economic measures including the In- the problem of ‘‘sweetheart’’ deals be- message of support to our service men dexes of Leading Economic Indicators, the tween brand name and generic drug and women and their families that will Gross National Product, the unemployment manufacturers that keep generic drugs rate, the budget deficit, the Consumer Price off the market, thus depriving con- continue to promote high morale, bet- Index, the Producer Price Index, the Employ- ter quality-of-life, and a more ready sumers of the benefits of quality drugs ment Cost Index, and the Implicit Price at lower prices. In short, this bill en- military force. Deflator for Personal Consumption Expendi- I ask unanimous consent that the tures. joys the unqualified endorsement of text of the legislation be printed in the ‘‘(3) The President shall include in the plan the current FTC, which follows on the RECORD. submitted to Congress under paragraph (1) support by the Clinton Administra- There being no objection, the bill was an assessment of the impact that the alter- tion’s FTC during the initial stages of native pay adjustments proposed in the plan ordered to be printed in the RECORD, as our formulation of this bill. We can all would have on the Government’s ability to have every confidence in the common follows: recruit and retain well-qualified persons for S. 945 the uniformed services.’’. sense approach that our bill takes to Be it enacted by the Senate and House of Rep- (f) DEFINITIONS.—Such section, as amended ensuring that our law enforcement resentatives of the United States of America in by subsection (e), is further amended by add- agencies have the information they Congress assembled, ing at the end the following: need to take quick action, if necessary, SECTION 1. REVISED ANNUAL PAY ADJUSTMENT ‘‘(i) DEFINITIONS.—In this section: to protect consumers from drug compa- PROCESS. ‘‘(1) The term ‘ECI’ means the Employ- nies that abuse the law. (a) REQUIREMENT FOR ANNUAL ADJUST- ment Cost Index (wages and salaries, private Under current law, the first generic industry workers) published quarterly by the MENT.—Subsection (a) of section 1009 of title manufacturer that gets permission to 37, United States Code, is amended to read as Bureau of Labor Statistics. follows: ‘‘(2) The term ‘base quarter’ for any year is sell a generic drug before the patent on ‘‘(a) REQUIREMENT FOR ANNUAL ADJUST- the 3-month period ending on September 30 the brand-name drug expires, enjoys MENT.—Effective on January 1 of each year, of such year.’’. protection from competition for 180

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.055 S29PT1 S5494 CONGRESSIONAL RECORD — SENATE April 29, 2003 days—a headstart on other generic Under the Hatch-Waxman Act, manu- S. 948 companies. That was a good idea—but facturers of generic drugs are encour- Be it enacted by the Senate and House of Rep- the unfortunate loophole exploited by a aged to challenge weak or invalid pat- resentatives of the United States of America in few is that secret deals can be made ents on brand-name drugs so con- Congress assembled, that allow the manufacturer of the ge- sumers can benefit from lower generic SECTION 1. SHORT TITLE. neric drug to claim the 180-day grace This Act may be cited as the ‘‘Drug Com- drug prices. Current law gives tem- pany Gift Disclosure Act’’. period—to block other generic drugs porary protection from competition to SEC. 2. DISCLOSURE BY PRESCRIPTION DRUG from entering the market—while, at the first generic drug manufacturer MANUFACTURERS, PACKERS, AND the same time, getting paid by the that gets exclusive permission to sell a DISTRIBUTORS OF CERTAIN GIFTS. brand-name manufacturer not to sell generic drug before the patent on the Section 503 of the Federal Food, Drug, and the generic drug. brand-name drug expires. This gives Cosmetics Act (21 U.S.C. 353) is amended by Our legislation closes this loophole the generic firm a 180-day head start on adding at the end the following: for those who want to cheat the public, ‘‘(h)(1) Each manufacturer, packer, or dis- other generic companies. tributor of a drug subject to subsection (b)(1) but keeps the system the same for However, the FTC discovered that shall disclose to the Commissioner— companies engaged in true competi- some companies were exploiting this ‘‘(A) not later than June 30, 2004, and each tion. I think it is important for Con- law by entering into secret deals, June 30 thereafter, the value, nature, and gress not to overreact and throw out which allowed the generic drug makers purpose of any— the good with the bad. Most generic to claim the 180-day grace period and ‘‘(i) gift provided during the preceding cal- companies want to take advantage of to block other generic drugs from en- endar year to any covered health entity by the manufacturer, packer, or distributor, or this 180-day provision and deliver qual- tering the market, while at the same ity generic drugs at much lower costs a representative thereof, in connection with time getting paid by the brand-name detailing, promotional, or other marketing for consumers. We should not eliminate manufacturer for withholding sales of activities; and the incentive for them. Instead, we the generic version of the drug. This ‘‘(ii) cash rebate, discount, or any other fi- should let the FTC and Justice look at meant that consumers continued to nancial consideration provided during the every deal that could lead to abuse, so pay high prices for drugs, rather than preceding calendar year to any pharma- that only the deals that are consistent benefiting from more competitive and ceutical benefit manager by the manufac- with the intent of that law will be al- turer, packer, or distributor, or a representa- lower prices. So the FTC brought en- tive thereof, in connection with detailing, lowed to stand. The Drug Competition forcement actions against these com- Act accomplishes precisely that goal, promotional, or other marketing activities; panies. and and helps ensure effective and timely In addition, the FTC conducted a ‘‘(B) not later than the date that is 6 access to generic pharmaceuticals that comprehensive review of agreements months after the date of enactment of this can lower the cost of prescription drugs that impacted the 180-day exclusivity subsection and each June 30 thereafter, the for seniors, for families, and for all of period. The FTC found that there are name and address of the individual respon- us. competition problems with some of sible for the compliance of the manufac- I regret that some in the Senate turer, packer, or distributor with the provi- these agreements that potentially de- sions of this subsection. stalled action on this worthwhile meas- layed generic drug entry into the mar- ure until very late in the last Congress ‘‘(2) Subject to paragraph (3), the Commis- ket. The FTC recommended: sioner shall make all information disclosed and that the House chose not to act at Given this history, we believe that notifi- to the Commissioner under paragraph (1) all, and I hope that the growing need cation of such agreements to the Federal publicly available, including by posting such for more cost-effective health care so- Trade Commission and the U.S. Department information on the Internet. lutions will serve as a catalyst for of Justice is warranted. We support the Drug ‘‘(3) The Commissioner shall keep con- quick action on this needed legislation. Competition Act of 2001, S. 754, introduced fidential any information disclosed to or Mr. GRASSLEY. Mr. President, I am by Senator Leahy, as reported by the Com- otherwise obtained by the Commissioner under this subsection that relates to a trade pleased to join Senator LEAHY today in mittee on the Judiciary. secret referred to in section 1905 of title 18, introducing the Drug Competition Act The Drug Competition Act is a sim- United States Code. The Commissioner shall of 2003. This bill will help Federal regu- ple solution to the 180-day exclusivity provide an opportunity in the disclosure lators ensure that there is full and un- problems that the FTC has identified. form required under paragraph (4) for a man- fettered access to competition for pre- The bill would require drug companies ufacturer, packer, or distributor to identify scription drugs under the law. As the that enter agreements relating to the any such information. past Chairman of the Special Com- ‘‘(4) Each disclosure under this subsection 180-day period to file those documents shall be made in such form and manner as mittee on Aging and now as the Chair- with the FTC and DOJ. It would im- the Commissioner may require. man of the Finance Committee, I want pose sanctions on companies who do ‘‘(5) Each manufacturer, packer, and dis- to make sure that American con- not provide timely notification. This tributor described in paragraph (1) shall be sumers—especially our seniors—are process would facilitate agency review subject to a civil monetary penalty of not able to get the life-saving drugs they of the agreements to determine wheth- more than $10,000 for each violation of this need in a competitive manner. subsection. Each unlawful failure to disclose er they have anti-competitive effects. shall constitute a separate violation. The Our patent laws provide drug compa- The Drug Competition Act will en- nies with incentives to invest in re- provisions of paragraphs (3), (4), and (5) of sure that consumers are not hurt by se- section 303(g) shall apply to such a violation search and development of new drugs. cret, anti-competitive contracts, so in the same manner as such provisions apply But the law also provides that generic that consumers can get competition to a violation of a requirement of this Act drug companies have the ability to get and lower drug prices as soon as pos- that relates to devices. their own drugs on the market so that sible. I urge my colleagues to support ‘‘(6) For purposes of this subsection: ‘‘(A) The term ‘covered health entity’ in- there can be price competition and this bill. lower prices for prescription drugs. We cludes any physician, hospital, nursing have a legal system in place that pro- home, pharmacist, health benefit plan ad- By Mr. SCHUMER: ministrator, or any other person authorized vides for such a balance—the Hatch- S. 948. A bill to require prescription to prescribe or dispense drugs that are sub- Waxman law. Ultimately, we want con- drug manufacturers, packers, and dis- ject to subsection (b)(1), in the District of sumers and seniors to have more tributors to disclose certain gifts pro- Columbia or any State, commonwealth, pos- choices and to get drugs at lower vided in connection with detailing, pro- session, or territory of the United States. prices. motional, or other marketing activi- ‘‘(B) The term ‘gift’ includes any gift, fee, So, I was concerned when I heard re- ties, and for other purposes; to the payment, subsidy, or other economic benefit ports that the Federal Trade Commis- Committee on Health, Education, with a value of $50 or more, except that such sion had brought enforcement actions Labor, and Pensions. term excludes the following: against brand-name and generic drug Mr. SCHUMER. Mr. President, I ask ‘‘(i) Free samples of drugs subject to sub- section (b)(1) intended to be distributed to manufacturers that had entered into unanimous consent that the text of the patients. anti-competitive agreements, resulting bill be printed in the RECORD. ‘‘(ii) The payment of reasonable compensa- in the delay of the introduction of There being no objection, the text of tion and reimbursement of expenses in con- lower priced drugs. This bill targets the bill was ordered to be printed in nection with any bona fide clinical trial con- that problem. the RECORD, as follows: ducted in connection with a research study

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.070 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5495 designed to answer specific questions about SUBMITTED RESOLUTIONS Every day, approximately 13 million drugs, devices, new therapies, or new ways of children are cared for outside the home using known treatments. so that their parents can work. This ‘‘(iii) Any scholarship or other support for SENATE RESOLUTION 122—EX- figure includes 6 million of our Na- medical students, residents, or fellows se- PRESSING THE SENSE OF THE lected by a national, regional, or specialty tion’s infants and toddlers. Children SENATE THAT THE PRESIDENT begin to learn at birth, and the quality medical or other professional association to SHOULD DESIGNATE MAY 1, 2003 attend a significant educational, scientific, of care they receive will affect them or policy-making conference of the associa- AS ‘‘NATIONAL CHILD CARE for the rest of their lives. Early tion.’’. WORTHY WAGE DAY’’ childcare affects language develop- Mr. CORZINE (for himself, Mr. DODD, ment, math skills, social behavior, and By Mrs. HUTCHISON (for herself Mr. DURBIN, Mr. FEINGOLD, Mr. KERRY, general readiness for school. Experi- and Mrs. FEINSTEIN): Mrs. MURRAY, and Mr. KENNEDY) sub- enced childcare workers can identify S. 949. A bill to establish a commis- mitted the following resolution; which children who have development or sion to assess the military facility was referred to the Committee on the emotional problems and provide the structure of the United States over- Judiciary: care they need to take on life’s chal- seas, and for other purposes; to the S. RES. 122 lenges. Through the creative use of Committee on Armed Services. Whereas approximately 14,000,000 children Mrs. HUTCHISON. Mr. President, play, structured activities and indi- are in out-of-home care during part or all of vidual attention, childcare workers today Senator FEINSTEIN and I are in- the day so that their parents may work; help young children learn about the troducing the ‘‘Overseas Military Fa- Whereas the average salary of early child- cility Structure Review Act’’ to estab- hood educators is $16,000 per year, and only world around them and how to interact lish a congressional panel to conduct a one third of these educators have health in- with others. They also teach the skills detailed study of U.S. military facili- surance and even fewer have a pension plan; children will need to be ready to read ties overseas. This bill creates a bipar- Whereas low wages make it difficult to at- and to learn when they go to school. tisan congressional commission tract qualified individuals to the early child- Unfortunately, despite the impor- hood education profession and impair the tance of their work, the committed in- charged with undertaking an objective quality of child care and other early child- and thorough review of our overseas hood education programs, which is directly dividuals who nurture and teach our basing structure. The commission will linked to the quality of early childhood edu- Nation’s young children are under- consider a host of criteria to determine cators; valued. The average salary of a whether our overseas bases are pre- Whereas the turnover rate of early child- childcare worker is about $15,000 annu- pared to meet our needs in the 21st hood educators is approximately 30 percent ally. In 1998, the middle 50 percent of Century. The commission will be com- per year because low wages and a lack of childcare workers and pre-school prised of national security and foreign benefits make it difficult to retain high teachers earned between $5.82 and $8.13 quality educators; affairs experts who will present their Whereas research has demonstrated that an hour, according to the Department findings to the 2005 domestic Base Re- young children require caring relationships of Labor. The lowest 10 percent of alignment and Closure, BRAC, Com- and a consistent presence in their lives for childcare workers were paid an hourly mission, providing a comprehensive their positive development; rate of $5.49 or less. Only one third of analysis of our worldwide base and Whereas the compensation of early child- our Nation’s childcare workers have force structure. hood educators must be commensurate with health insurance and even fewer have We believe it is important to deter- the important job of helping the young chil- pension plans. This grossly inadequate mine our overseas basing requirements, dren of the United States develop the social, level of wages and benefits for assess training constraints, and pro- emotional, physical, and intellectual skills they need to be ready for school; childcare staff has led to difficulties in vide recommendations on future re- Whereas the cost of adequate compensa- attracting and retaining high quality alignments. As a result, we are pro- tion for early childhood educators cannot be caretakers and educators. As a result, posing legislation that would create a funded by further burdening parents with the turnover rate for childcare pro- congressional Overseas Basing Com- higher child care fees, but requires instead viders is 30 percent a year. This high mission to review our basing strategy public as well as private resources to ensure turnover rate interrupts consistent and to ensure that it is consistent with that quality care and education is accessible stable relationships that children need both our short- and long-term national for all families; and to have with their caregivers. Whereas the Center for the Child Care security objectives. We believe the If we want our children cared for by time is right to move forward with a Workforce and other early childhood edu- cation organizations recognize May 1st as qualified providers with higher degrees more structured approach to reviewing National Child Care Worthy Wage Day: Now, and more training, we will have to these overseas bases. therefore, be it make sure they are adequately com- Such a review is timely. The 2005 Resolved, pensated. Otherwise, we will continue BRAC is just around the corner and SECTION 1. DESIGNATION OF NATIONAL CHILD to lose early childhood educators with some in the Pentagon have suggested it CARE WORTHY WAGE DAY. BA degrees to kindergarten and first could result in the closure of nearly (a) SENSE OF THE SENATE.—It is the sense grade, losing some of our best teachers one out of every four domestic bases. of the Senate that the President should des- of young children from the early years Before we close stateside military ignate May 1, 2003, as ‘‘National Child Care Worthy Wage Day’’. of learning. bases, we must first analyze our over- (b) PROCLAMATION.—The Senate requests In order to bring attention to seas infrastructure. If we reduce our the President to issue a proclamation— overseas presence, we need stateside (1) designating May 1, 2003, as ‘‘National childcare workers, I am sponsoring a bases to station returning troops. It is Child Care Worthy Wage Day’’; and resolution that would designate May 1 senseless to close bases on U.S. soil in (2) calling on the people of the United as National Child Care Worthy Wage 2005 only to determine a few years later States to observe ‘‘National Child Care Wor- Day. On May 1 each year, childcare that we made a costly, irrevocable mis- thy Wage Day’’ by— providers and other early childhood (A) honoring early childhood educators and professionals nationwide conduct pub- take. A painful lesson we learned in the programs in their communities; and last rounds of closures. lic awareness and education efforts (B) working together to resolve the early highlighting the importance of good Though our military force structure childhood educator compensation crisis. has decreased since the Cold War, the Mr. CORZINE. Mr. President, I rise early childhood education. responsibilities placed upon our service today to submit, along with Senators I encourage my colleagues to join me members have significantly increased. DODD, DURBIN, FEINGOLD, KENNEDY, in recognizing the importance of the While operational effectiveness is para- KERRY and MURRAY, a resolution sup- work and professionalism that mount, it would be irresponsible to porting national Child Care Worthy childcare workers provide and the need build on an inefficient, obsolete over- Wage Day. It is my hope that it will to increase their compensation accord- seas base structure, as we face new bring attention to early childhood edu- ingly. The Nation’s childcare work- strategic threats in the 21st century, cation and the importance of attract- force, the families who depend on taking valuable dollars needed else- ing and retaining qualified childcare them, and the children they care for, where. workers. deserve our support.

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.057 S29PT1 S5496 CONGRESSIONAL RECORD — SENATE April 29, 2003 SENATE RESOLUTION 123—DESIG- Whereas charter schools are laboratories of field, in 1971. National Good Neighbor NATING APRIL 28, 2003, THROUGH reform and serve as models of how to educate Day was then proclaimed by Presidents MAY 2, 2003, AS ‘‘NATIONAL children as effectively as possible: Now, Nixon, Ford, and Carter because, as therefore, be it President Nixon explained, ‘‘the re- CHARTER SCHOOLS WEEK,’’ AND Resolved, That the Senate— FOR OTHER PURPOSES (1) designates April 28, 2003, through May 2, sponsibility for building a happier, Mr. GREGG (for himself, Mr. 2003, as ‘‘National Charter Schools Week’’; livelier, fuller life in each of our com- munities must rest, in the end, with LIEBERMAN, Mr. FRIST, Mr. ALEXANDER, (2) honors the 11th anniversary of the open- ing of the Nation’s first charter school; each of us.’’ MR. CARPER, and Mr. BAYH) submitted (3) acknowledges and commends the grow- This bipartisan resolution will set the following resolution; which was re- ing charter school movement and charter aside a day to promote a better under- ferred to the Committee on the Judici- schools, teachers, parents, and students standing and appreciation of our neigh- ary: across the Nation for their ongoing contribu- bors. However, in the trying times in S. RES. 123 tions to education and improving and which we now live, it will hopefully Whereas charter schools are public schools strengthening the Nation’s public school sys- tem; serve as a catalyst for making every authorized by a designated public body and day National Good Neighbor Day. operating on the principles of account- (4) supports the goals of National Charter ability, parental involvement, choice, and Schools Week, an event sponsored by charter f autonomy; schools and charter school organizations SENATE RESOLUTION 125—DESIG- Whereas in exchange for the flexibility and across the Nation and established to recog- nize the significant impacts, achievements, NATING APRIL 28, 2003, THROUGH autonomy given to charter schools, they are MAY 2, 2003, AS ‘‘NATIONAL held accountable by their sponsors for im- and innovations of the Nation’s charter proving student achievement and for their fi- schools; and CHARTER SCHOOLS WEEK’’, AND nancial and other operations; (5) requests that the President issue a FOR OTHER PURPOSES Whereas 39 States, the District of Colum- proclamation calling on the people of the Mr. GREGG (for himself, Mr. United States to conduct appropriate pro- bia, and the Commonwealth of Puerto Rico LIEBERMAN, Mr. ALEXANDER, Mr. CAR- have passed laws authorizing charter grams, ceremonies, and activities to dem- onstrate support for charter schools in com- PER, and Mr. BAYH) submitted the fol- schools; lowing resolution; which was consid- Whereas 39 States, the District of Colum- munities throughout the Nation. bia, and the Commonwealth of Puerto Rico f ered and agreed to: S. RES. 125 will have received substantial assistance SENATE RESOLUTION 124—DESIG- from the Federal Government by the end of Whereas charter schools are public schools the current fiscal year for planning, startup, NATING SEPTEMBER 28, 2003, AS authorized by a designated public body and and implementation of charter schools since ‘‘NATIONAL GOOD NEIGHBOR operating on the principles of account- their authorization in 1994 under the Ele- DAY’’ ability, parental involvement, choice, and mentary and Secondary Education Act of Mr. BURNS (for himself, Mr. BAUCUS, autonomy; 1965 (20 U.S.C. 6301 et seq.); Whereas in exchange for the flexibility and Mrs. CLINTON, Mr. COCHRAN, Mr. CRAPO, Whereas 36 States, the District of Colum- autonomy given to charter schools, they are bia, and the Commonwealth of Puerto Rico Mr. HATCH, Mr. MILLER, Mr. LEVIN, Mr. held accountable by their sponsors for im- are serving nearly 700,000 students in almost KOHL, and Mr. STEVENS) submitted the proving student achievement and for their fi- 2,700 charter schools during the 2002–2003 following resolution; which was re- nancial and other operations; school year; ferred to the Committee on the Judici- Whereas 39 States, the District of Colum- Whereas charter schools can be vehicles for ary: bia, and the Commonwealth of Puerto Rico improving student academic achievement for S. RES. 124 have passed laws authorizing charter the students who attend them, for stimu- schools; Whereas while our society has developed lating change and improvement in all public Whereas 39 States, the District of Colum- highly effective means of speedy communica- schools, and for benefiting all public school bia, and the Commonwealth of Puerto Rico tion around the world, it has failed to ensure students; will have received substantial assistance communication among individuals who live Whereas charter schools must meet the from the Federal Government by the end of side by side; same Federal student academic achievement the current fiscal year for planning, startup, Whereas the endurance of human values accountability requirements as all public and implementation of charter schools since and consideration for others is of prime im- schools, and often set higher and additional their authorization in 1994 under the Ele- portance if civilization is to survive; and goals, to ensure that they are of high quality mentary and Secondary Education Act of Whereas being a good neighbor to those and truly accountable to the public; 1965 (20 U.S.C. 6301 et seq.); around us is the first step toward human un- Whereas charter schools assess and evalu- Whereas 36 States, the District of Colum- derstanding: Now, therefore, be it ate students annually and often more fre- bia, and the Commonwealth of Puerto Rico Resolved, That the Senate— quently, and charter school student aca- (1) designates September 28, 2003, as ‘‘Na- are serving nearly 700,000 students in almost demic achievement is directly linked to tional Good Neighbor Day’’; and 2,700 charter schools during the 2002–2003 charter school existence; (2) requests that the President issue a school year; Whereas charter schools give parents new proclamation calling upon the people of the Whereas charter schools can be vehicles for freedom to choose their public school, char- United States and interested groups and or- improving student academic achievement for ter schools routinely measure parental ap- ganizations to observe National Good Neigh- the students who attend them, for stimu- proval, and charter schools must prove their bor Day with appropriate ceremonies and ac- lating change and improvement in all public ongoing and increasing success to parents, tivities. schools, and for benefiting all public school policymakers, and their communities; students; Whereas more than two-thirds of charter Mr. BURNS. Mr. President, today I Whereas charter schools must meet the schools report having a waiting list, the av- am introducing a resolution desig- same Federal student academic achievement erage size of such a waiting list is more than nating September 28, 2003 as National accountability requirements as all public one-half of the school’s enrollment, and the Good Neighbor Day. I would like to schools, and often set higher and additional total number of students on all such waiting thank my colleagues Senators BAUCUS, goals, to ensure that they are of high quality lists is enough to fill another 1,000 average- HATCH, STEVENS, CRAPO, CLINTON, MIL- and truly accountable to the public; sized charter schools; Whereas charter schools assess and evalu- LER, LEVIN, KOHL, and COCHRAN, for Whereas students in charter schools na- ate students annually and often more fre- tionwide have similar demographic charac- their support. I would also like to quently, and charter school student aca- teristics as students in all public schools; thank Becky Mattson of Lakeside, demic achievement is directly linked to Whereas charter schools in many States Montana, who has taken this cause to charter school existence; serve significant numbers of students from heart and championed it for so long. Whereas charter schools give parents new families with low incomes, minority stu- In the aftermath of September 11th, freedom to choose their public school, char- dents, and students with disabilities, and in Americans united in an unprecedented ter schools routinely measure parental ap- a majority of charter schools almost half of way. With the threat of terrorism still proval, and charter schools must prove their the students are considered at risk or are very real, it has never been so impor- ongoing and increasing success to parents, former dropouts; policymakers, and their communities; Whereas charter schools have enjoyed tant to remain unified and conscious of Whereas more than two-thirds of charter broad bipartisan support from the Adminis- the concerns of our neighbors. schools report having a waiting list, the av- tration, Congress, State Governors and legis- This resolution has a long history. erage size of such a waiting list is more than latures, educators, and parents across the This resolution was first proposed by a one-half of the school’s enrollment, and the Nation; and fellow Montanan, Senator Mike Mans- total number of students on all such waiting

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.062 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5497 lists is enough to fill another 1,000 average- ports the goals and ideals of St. Tammany day, April 29, 2003, at 2:00 p.m. in SD– sized charter schools; Day as a national day of recognition for 106. Whereas students in charter schools na- Tamanend and the values he represented. The PRESIDING OFFICER. Without tionwide have similar demographic charac- f objection, it is so ordered. teristics as students in all public schools; Whereas charter schools in many States NOTICES OF HEARING/MEETINGS SPECIAL COMMITTEE ON AGING serve significant numbers of students from Mr. HATCH. Mr. President, I ask COMMITTEE ON INDIAN AFFAIRS families with low incomes, minority stu- unanimous consent that the Special dents, and students with disabilities, and in Mr. CAMPBELL. Mr. President, I Committee on Aging be authorized to a majority of charter schools almost half of would like to announce that the Com- meet Tuesday, April 29, 2003, at 10:00 the students are considered at risk or are mittee on Indian Affairs will meet on a.m. in Dirksen 628 for the purpose of former dropouts; Wednesday, April 30, 2003, at 2:00 p.m. conducting a hearing. Whereas charter schools have enjoyed in Room 485 of the Russell Senate Of- The PRESIDING OFFICER. Without broad bipartisan support from the Adminis- fice Building to conduct a hearing on tration, Congress, State Governors and legis- objection, it is so ordered. S. 519, the Native American Capital latures, educators, and parents across the f Formation and Economic Development Nation; and SUPPORTING THE GOALS AND Whereas charter schools are laboratories of Act of 2003. reform and serve as models of how to educate Those wishing additional information IDEALS OF ST. TAMMANY DAY children as effectively as possible: Now, may contact the Indian Affairs Com- ON MAY 1, 2003 therefore, be it mittee at 224–2251. Mr. MCCONNELL. Mr. President, I Resolved, That the Senate— COMMITTEE ON INDIAN AFFAIRS ask unanimous consent that the Sen- (1) designates April 28, 2003, through May 2, ate proceed to the immediate connec- 2003, as ‘‘National Charter Schools Week’’; Mr. CAMPBELL. Mr. President, I (2) honors the 11th anniversary of the open- would like to announce that the Com- tion of S. Con. Res. 39 submitted ear- ing of the Nation’s first charter school; mittee on Indian Affairs will meet on lier today by Senators BREAUX and (3) acknowledges and commends the grow- Wednesday, May 7, 2003 at 10:00 a.m., in LANDRIEU. ing charter school movement and charter Room 485 of the Russell Senate Office The PRESIDING OFFICER. The schools, teachers, parents, and students Building to conduct a hearing on S. 550, clerk will report the concurrent resolu- across the Nation for their ongoing contribu- the American Indian Probate Reform tion by title. tions to education and improving and Act of 2003. The assistant legislative clerk read strengthening the Nation’s public school sys- as follows: tem; Those wishing additional information (4) supports the goals of National Charter may contact the Indian Affairs Com- A concurrent resolution (S. Con. Res. 39) Schools Week, an event sponsored by charter mittee at 224–2251. supporting the goals and ideals of St. Tam- many Day on May 1, 2003, as a national day schools and charter school organizations f across the Nation and established to recog- of recognition for Tamanend and the values nize the significant impacts, achievements, AUTHORITY FOR COMMITTEES TO he represented. and innovations of the Nation’s charter MEET There being no objection, the Senate schools; and proceeded to consider the concurrent (5) requests that the President issue a COMMITTEE ON COMMERCE, SCIENCE, AND resolution. TRANSPORTATION proclamation calling on the people of the Mr. MCCONNELL. Mr. President, I United States to conduct appropriate pro- Mr. HATCH. Mr. President, I ask ask unanimous consent that the con- grams, ceremonies, and activities to dem- unanimous consent that the Com- current resolution and preamble be onstrate support for charter schools in com- mittee on Commerce, Science, and munities throughout the Nation. agreed to en bloc, the motion to recon- Transportation be authorized to meet sider be laid upon the table, and that f on Tuesday, April 29, 2003, at 9:30 a.m. any statements relating thereto be on the future of intercity passenger SENATE CONCURRENT RESOLU- printed in the RECORD, without inter- rail service and Amtrak. TION 39—SUPPORTING THE vening action or debate. The PRESIDING OFFICER. Without GOALS AND IDEALS OF ST. TAM- The PRESIDING OFFICER. Without objection, it is so ordered. MANY DAY ON MAY 1, 2003, AS A objection, it is so ordered. NATIONAL DAY OF RECOGNITION COMMITTEE ON ENERGY AND NATURAL The concurrent resolution (S. Con. RESOURCES FOR TAMANEND AND THE VAL- Res. 39) was agreed to. UES HE REPRESENTED Mr. HATCH. Mr. President, I ask The preamble was agreed to. unanimous consent that the Com- The concurrent resolution, with its Mr. BREAUX (for himself and Ms. mittee on Energy and Natural Re- preamble, reads as follows: LANDRIEU) submitted the following sources be authorized to meet during S. CON. RES. 39 concurrent resolution; which was con- the session of the Senate, on Tuesday, sidered and agreed to: Whereas in 1810, President James Madison April 29, 2003, at 10:00 a.m. to consider declared the Territory of West Florida to be S. CON. RES. 39 comprehensive energy legislation a part of the Louisiana Purchase, and in 1811, Whereas in 1810, President James Madison The PRESIDING OFFICER. Without William C. C. Claiborne, the first American declared the Territory of West Florida to be objection, it is so ordered. territorial Governor of Louisiana, named the a part of the Louisiana Purchase, and in 1811, COMMITTEE ON FOREIGN RELATIONS area north of Lake Pontchartrain as ‘‘St. William C. C. Claiborne, the first American Tammany Parish’’ in honor of the saintly territorial Governor of Louisiana, named the Mr. HATCH. Mr. President, I ask Amerindian Tamanend, who was a sachem of area north of Lake Pontchartrain as ‘‘St. unanimous consent that the Com- the Lenni Lenape; Tammany Parish’’ in honor of the saintly mittee on Foreign Relations be author- Whereas Tamanend is admired and re- Amerindian Tamanend, who was a sachem of ized to meet during the session of the spected for his virtues of honesty, integrity, the Lenni Lenape; Senate on Tuesday, April 29, 2003, at honor, fairness, justice, and equality for the Whereas Tamanend is admired and re- 9:30 a.m. to hold a hearing on An En- common person; spected for his virtues of honesty, integrity, larged NATO: Mending Fences and Whereas in colonial times, May 1st was honor, fairness, justice, and equality for the Moving Forward on Iraq. celebrated in honor of Tamanend and the common person; common person; and Whereas in colonial times, May 1st was The PRESIDING OFFICER. Without Whereas the St. Tammany Parish Council celebrated in honor of Tamanend and the objection, it is so ordered. of St. Tammany Parish, Louisiana, has common person; and COMMITTEE ON HEALTH, EDUCATION, LABOR, passed a resolution designating May 1, 2003, Whereas the St. Tammany Parish Council AND PENSIONS as St. Tammany Day, and urging the rein- of St. Tammany Parish, Louisiana, has Mr. HATCH. Mr. President, I ask statement of May 1st as a national day of passed a resolution designating May 1, 2003, unanimous consent that the Com- recognition for Tamanend and the values he as St. Tammany Day, and urging the rein- mittee on Health, Education, Labor, represented: Now, therefore, be it statement of May 1st as a national day of Resolved by the Senate (the House of Rep- recognition for Tamanend and the values he and Pensions be authorized to meet for resentatives concurring), That Congress sup- represented: Now, therefore, be it a hearing on The Severe Acute Res- ports the goals and ideals of St. Tammany Resolved by the Senate (the House of Rep- piratory syndrome Threat, SARS, dur- Day as a national day of recognition for resentatives concurring), That Congress sup- ing the session of the Senate on Tues- Tamanend and the values he represented.

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.066 S29PT1 S5498 CONGRESSIONAL RECORD — SENATE April 29, 2003 NATIONAL CHARTER SCHOOLS KEY Academy performed remarkably operating on the principles of account- WEEK in reading and math on a national test, ability, parental involvement, choice, and autonomy; Mr. MCCONNELL. Mr. President, I increasing their scores by more than twice the amount children typically Whereas in exchange for the flexibility and ask unanimous consent that the Sen- autonomy given to charter schools, they are ate proceed to the immediate consider- gain from year to year. Students and held accountable by their sponsors for im- ation of S. Res. 125, submitted earlier teachers at the KEY Academy log long proving student achievement and for their fi- today by Senators GREGG, LIEBERMAN, hours, attending class from 8 a.m. to 5 nancial and other operations; and others. p.m. each weekday, half a day on many Whereas 39 States, the District of Colum- The PRESIDING OFFICER. The Saturdays, and for much of the sum- bia, and the Commonwealth of Puerto Rico clerk will report the resolution by mer, but their hard work is obviously have passed laws authorizing charter schools; title. reaping rewards. These are but a handful of the suc- Whereas 39 States, the District of Colum- The assistant legislative clerk read bia, and the Commonwealth of Puerto Rico as follows: cess stories in the charter school move- will have received substantial assistance A resolution (S. Res. 125) designating April ment, which includes a wide range of from the Federal Government by the end of 28, 2003, through May 2, 2003, as ‘‘National schools serving a variety of different the current fiscal year for planning, startup, Charter Schools Week,’’ and for other pur- learning needs and styles, often at a and implementation of charter schools since poses. lower cost than traditional public their authorization in 1994 under the Ele- There being no objection, the Senate schools. mentary and Secondary Education Act of proceeded to consider the resolution. I expect that we will see the popu- 1965 (20 U.S.C. 6301 et seq.); Mr. GREGG. Mr. President, today my larity of charter schools continue to Whereas 36 States, the District of Colum- bia, and the Commonwealth of Puerto Rico colleagues, Senators LIEBERMAN, FRIST, grow. Last year, the President signed are serving nearly 700,000 students in almost ALEXANDER, CARPER and BAYH, joined into law the No Child Left Behind Act, 2,700 charter schools during the 2002–2003 me in the introduction of S. Res. 125, a which gives parents in low-performing school year; resolution to designate the week of schools the option to transfer to an- Whereas charter schools can be vehicles for April 28 through May 2, 2003, as Na- other public school. The act also pro- improving student academic achievement for tional Charter Schools Week. This year vides school districts with the option the students who attend them, for stimu- marks the 11th anniversary of the of converting low-performing schools lating change and improvement in all public opening of the Nation’s first charter into charter schools. I believe these schools, and for benefiting all public school school in Minnesota. In the last 11 provisions will strengthen the charter students; Whereas charter schools must meet the years, we have come a long way since school movement by creating more op- same Federal student academic achievement that auspicious moment when one portunities for charter school develop- accountability requirements as all public teacher collaborating with parents ment. And, as parents exercise their schools, and often set higher and additional started a public school specifically de- right to school choice and ‘‘vote with goals, to ensure that they are of high quality signed to meet the needs of the stu- their feet’’, the demand for charters and truly accountable to the public; dents in the community. schools will grow. Whereas charter schools assess and evalu- Today, we have almost 2,700 charter I commend the more than 1.6 million ate students annually and often more fre- schools serving nearly 700,000 students. people involved in the charter school quently, and charter school student aca- demic achievement is directly linked to Charter schools are immensely pop- movement, from parents to teachers to charter school existence; ular: two-thirds of them report having community leaders and members of the Whereas charter schools give parents new long waiting lists, and there are cur- business community. Together, they freedom to choose their public school, char- rently enough students on waiting lists have led the charge in education re- ter schools routinely measure parental ap- to fill another 1,000 average-sized char- form and have started a revolution proval, and charter schools must prove their ter schools. Survey after survey shows with the potential to transform our ongoing and increasing success to parents, parents are overwhelmingly satisfied system of public education. Districts policymakers, and their communities; with their children’s charter schools. with a large number of charter schools Whereas more than two-thirds of charter Charter schools are popular for a va- schools report having a waiting list, the av- reported becoming more customer erage size of such a waiting list is more than riety of reasons. They are generally service oriented and creating new edu- one-half of the school’s enrollment, and the free from the burdensome regulations cation programs, many of which are total number of students on all such waiting and policies that govern traditional similar to those offered by charter lists is enough to fill another 1,000 average- public schools. They are founded and schools, and increasing contact with sized charter schools; run by principals, teachers, and par- parents. These improvements benefit Whereas students in charter schools na- ents who share a common vision of all our students, not just those who tionwide have similar demographic charac- education, a vision which guides each choose charter schools. teristics as students in all public schools; and every decision made at the schools, I encourage my colleagues to visit a Whereas charter schools in many States serve significant numbers of students from from hiring personnel to selecting cur- charter school this week to witness families with low incomes, minority stu- ricula. Furthermore, charter schools firsthand the ways in which these inno- dents, and students with disabilities, and in are held accountable for student per- vative schools are making a difference, a majority of charter schools almost half of formance in a unique way—if they fail both in the lives of the students they the students are considered at risk or are to educate their students well and serve as well as in the community in former dropouts; meet the goals of their charters, they which they reside. Whereas charter schools have enjoyed close. Mr. MCCONNELL. Mr. President, I broad bipartisan support from the Adminis- Since each charter school represents ask unanimous consent that the reso- tration, Congress, State Governors and legis- the unique vision of its founders, these latures, educators, and parents across the lution and preamble be agreed to en Nation; and schools vary greatly, but all strive for bloc, the motion to reconsider be laid Whereas charter schools are laboratories of excellence. upon the table, and that any state- reform and serve as models of how to educate For example, the Jean Massieu Acad- ments related thereto be printed in the children as effectively as possible: Now, emy in Arlington, TX, was created in RECORD, without intervening action or therefore, be it 1999 to serve deaf and hearing-impaired debate. Resolved, That the Senate— children and their siblings. All instruc- The PRESIDING OFFICER. Without (1) designates April 28, 2003, through May 2, tion at Jean Massieu is in American objection, it is so ordered. 2003, as ‘‘National Charter Schools Week’’; Sign Language, accompanied by The resolution (S. Res. 125) was (2) honors the 11th anniversary of the open- English text. For 2 consecutive years, agreed to. ing of the Nation’s first charter school; the academy has earned the second- The preamble was agreed to. (3) acknowledges and commends the grow- The resolution, with its preamble, ing charter school movement and charter highest rating in the State’s account- schools, teachers, parents, and students ability system based on its students’ reads as follows: across the Nation for their ongoing contribu- excellent performance. S. RES. 125 tions to education and improving and Here in the District of Columbia, Whereas charter schools are public schools strengthening the Nation’s public school sys- low-income fifth graders at KIPP DC/ authorized by a designated public body and tem;

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.091 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — SENATE S5499 (4) supports the goals of National Charter 196, the digital and wireless technology we have to work out a fair proposal on Schools Week, an event sponsored by charter bill. Under the agreement, the Senate a number of circuit court judges is ex- schools and charter school organizations will vote on the measure at approxi- hausted. We were very close to doing across the Nation and established to recog- mately 12 noon. something on that tonight. I am con- nize the significant impacts, achievements, Upon the disposition of that bill, the and innovations of the Nation’s charter fident the distinguished Senator from schools; and Senate will resume consideration of Kentucky and I can work something (5) requests that the President issue a the Owen nomination. The majority out tomorrow, with the consent of both proclamation calling on the people of the leader has asked me to announce that of our caucuses. United States to conduct appropriate pro- while he regrets being forced to file So I just want to put everyone on no- grams, ceremonies, and activities to dem- cloture on this important appeals court tice that I am not going to move to onstrate support for charter schools in com- nomination, he believes it is vital that Prado tomorrow and that we are going munities throughout the Nation. the Senate fulfill its advise and con- to try to work things out on our own, f sent responsibility. With that being and that would be the most expeditious ORDERS FOR WEDNESDAY, APRIL said, I inform my colleagues that the and, I am sure, best way to go. I am 30, 2003 cloture vote on the Owen nomination confident and hopeful we can do that. will occur Thursday morning, and Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I Members will be notified when the vote just add that the Senator from Nevada ask unanimous consent that when the is scheduled. and I spent some considerable amount Senate completes its business today, it I also announce to my colleagues of time this afternoon trying to clear stand in adjournment until 10 a.m., that the majority leader is working some additional votes for nominees for Wednesday, April 30. I further ask con- with the Democratic leader to clear the circuit court, and we are going to sent that following the prayer and several items for floor action. The continue that effort tomorrow in the pledge, the morning hour be deemed items under discussion include the hopes of reaching an agreement to dis- expired, the Journal of proceedings be State Department authorization bill, pose of some of these nominations that approved to date, the time for the two the bioshield bill, the FISA legislation, are going to be allowed to be voted on, leaders be reserved for their use later and several judicial nominations. on an up-or-down basis. We will con- in the day, and the Senate then begin a Therefore, Members should anticipate tinue that effort in the morning. period of morning business until 11 additional votes during tomorrow’s ses- a.m., with the time equally divided be- sion. f tween the two leaders or their des- The PRESIDING OFFICER. The Sen- ignees, provided that at 11 a.m., the ator from Nevada. ADJOURNMENT UNTIL 10 A.M. Senate proceed to the consideration of Mr. REID. Mr. President, there was TOMORROW Calendar No. 60, S. 196, the digital and some discussion on the floor today that Mr. MCCONNELL. If there is no fur- wireless technology bill, as provided the minority would move to the nomi- ther business to come before the Sen- under the previous order. nation of Prado tomorrow. That is a ate, I ask unanimous consent that the I further ask consent that following debatable motion when we are in exec- Senate stand in adjournment under the the vote on S. 196, the Senate return to utive session. We have been in contact previous order. executive session to resume the consid- with the majority. In fact, the distin- There being no objection, the Senate, eration of the nomination of Priscilla guished majority whip and I have been at 7:12 p.m., adjourned until Wednes- Owen to be a circuit judge for the Fifth talking all afternoon to try to work day, April 30, 2003, at 10 a.m. Circuit. something out. We understand the dif- The PRESIDING OFFICER. Without ficulty of our doing what we have said f objection, it is so ordered. we would likely do. We acknowledge it CONFIRMATION f is better that the majority sets the schedule. But there are times when we Executive nomination confirmed by PROGRAM have to try to protect our rights. the Senate April 29, 2003: Mr. MCCONNELL. For the informa- I am the one who said I would do this THE JUDICIARY tion of all Senators, following morning at the first opportunity. I am not going JEFFREY S. SUTTON, OF OHIO, TO BE UNITED STATES business, the Senate will take up S. to do that tomorrow until the ability CIRCUIT JUDGE FOR THE SIXTH CIRCUIT.

VerDate Jan 31 2003 02:29 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 9801 E:\CR\FM\A29AP6.070 S29PT1 April 29, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E789 EXTENSIONS OF REMARKS

HONORING THE SULLIVAN COUNTY Shirley’s career as an elementary school CONGRESSIONAL TRIBUTE TO MEMORIAL HOSPITAL FOR 50 teacher was tremendously important to so FIRST LIEUTENANT FREDERICK YEARS OF SERVICE TO SUL- many children in the State of Delaware but POKORNEY LIVAN COUNTY, MISSOURI she distinguished herself as a community ac- tivist early on. HON. SHELLEY BERKLEY HON. SAM GRAVES Shirley was the leader in establishing the OF NEVADA OF MISSOURI Newark Girls Club, she was president of the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Suburban County Hospital Task Force, she Tuesday, April 29, 2003 Tuesday, April 29, 2003 was a chairperson of the Delaware Health Fa- Ms. BERKLEY. Mr. Speaker, United States Mr. GRAVES. Mr. Speaker, I proudly pause cilities Authority and a member of the Board of Marine Corps First Lieutenant Frederick to recognize the Sullivan County Memorial Christiana Care Health Systems. Pokorney was killed in action in Iraq on March Hospital in Milan, Missouri on its 50th anniver- As the President of the Suburban County 23, 2003. On that day, Nevada lost a true sary of service to the residents of North Mis- Hospital Task Force, Shirley was ultimately re- American patriot, proud Marine, and loving souri. The hospital established a reputation sponsible for the construction of the Christiana husband and father. The hearts of all Nevad- founded on excellent patient care. ans and all Americans go out to his family and The Sullivan County Memorial Hospital was Hospital, which is the largest, most advanced facility in Delaware. friends. Our thoughts and prayers are for his built in 1953 as a 48-bed facility that was wife, Carolyn Rochelle, and three year old greatly needed for this rural community. In With her husband Alfred and her daughter daughter, Taylor Rochelle Pokorney. 1984, the hospital expansion encompassed an Marci at her side, Shirley proudly and unself- Fred’s first love was his family with his fa- addition of private rooms, and expanded ishly contributed everyday to life in her home vorite time being spent with his ‘‘best little emergency department and enlarged ancillary and her community. helper’’, Taylor. His second love was the Ma- service areas. In 1996, the hospital’s physi- Shirley’s contributions cannot be com- rines. cian’s clinic opened to provide primary care to Fred was born in California and raised him- patients of all ages including treatment and di- mended enough. Though she has passed on, we can all be sure that her contributions will self from an early age until he moved to agnosis of medical illness and injuries, annual Tonopah, Nevada to live with Wade and Susie remain with us. Her commitment to her goals, physicals, well-patient visits, employment Lieseke, whom he regarded as his parents. An her family and her State have earned her a exams, school and sports physicals, immuni- excellent athlete, he was a standout football zations and pain management. To this day, permanent place in the thoughts and hearts of and basketball player at Tonopah High the hospital continues to operate as the only so many people. School. fully staffed medical facility in Sullivan County Fred enlisted in the Marines in February of and provides 24-hour emergency care. f 1993 and received his second Rifle Expert The mission of the Sullivan County Memo- Award in 1994, the Navy Achievement Medal rial Hospital is to provide a broad range of RECOGNITION OF MR. AND MRS. for Professional Achievement from September high quality primary medical services and ELLIS SMITH, SR. 1995 to November 1995, and a Letter of Com- long-term care, and to coordinate the avail- mendation for efforts above and beyond the ability of other medical services to area resi- call of duty in 1997. Fred completed Officers dents. Residents in the area are certainly ap- HON. DONALD M. PAYNE Candidates School in 1999 and was promoted preciative of this level of care. OF NEW JERSEY to a command field artillery officer in March of Mr. Speaker, I proudly ask you to join me in 2001 after he had earned a degree in Political IN THE HOUSE OF REPRESENTATIVES commending the 50th anniversary of the Sul- Science and History from Oregon State Uni- livan County Memorial Hospital in Milan, Mis- Tuesday, April 29, 2003 versity. souri. Their dedication to the medical profes- Fred met Carolyn, ‘‘Chelle’’ as Fred called sion and excellence in patient care has served Mr. PAYNE. Mr. Speaker, it is with great her, while stationed in Bremerton, Washington the residents of North Missouri well. pride that I rise today to recognize Mr. Ellis at Bangor Submarine base. They were mar- f Simon Smith, Sr. and Mrs. Lillie Mae Smith as ried on March 29, 1996. Fred was a proud fa- TRIBUTE TO SHIRLEY TARRANT, they celebrate their 50th wedding anniversary. ther, a proud husband, and a proud Marine. TEACHER AND COMMUNITY AC- Born in Trenton, North Carolina on Novem- He always gave one hundred and ten percent, especially in building a life for his family. Fred TIVIST ber 12, 1933, Mr. Ellis spent his early years and Chelle recently celebrated their 7th anni- growing up and working in North Carolina. At HON. MICHAEL N. CASTLE versary via a phone call from his Marine en- the age of 19, he met and married Miss Lillie campment overseas on March 4, wishing OF DELAWARE Mae Jones of Falling Creek, North Carolina Chelle a happy early anniversary and telling IN THE HOUSE OF REPRESENTATIVES and they began their journey together. Taylor he loved her. It was his last call home. Tuesday, April 29, 2003 The proud parents of four daughters: Bar- Fred, a man of large stature and friendly na- Mr. CASTLE. Mr. Speaker, it is with great bara, Helen, Cheryl, and Margaret, the Ellis ture, believed in doing things the right way the honor that I rise in memory of and to pay trib- family has spent the years since 1958 as resi- first time. He spent his last days in the field ute to a wife, a mother, a grandmother, a dents of Newark, New Jersey. Here they are trying to help and improve the conditions for teacher and a community activist—Shirley M. proud members of the Love of Christ Ministry his troops as they faced difficult combat as- Tarrant, who passed away this month after where their son, Ellis, Jr. is the pastor. signments. half a century of outstanding service to the On March 28, 2003, 500 of Fred’s friends, State of Delaware. The number of accomplish- Finding a special person and friend to share teachers, neighbors and loved ones from the ments, recognitions and most importantly your life with is one of the great joys of life. small town of Tonopah mourned their loss dur- admirations that Shirley has had in her life is I hope that they both have found great joy and ing a ceremony at Tonopah High School. Fred remarkable. happiness together and will cherish the won- was remembered by Tonopah as a star ath- Today, I recognize Shirley for her proud and derful years ahead. I rise today to recognize lete, intelligent student, a brave Marine, and a distinguished public and personal life. Ms. that wonderful bond that they have found and person of great energy and the highest char- Tarrant was the daughter of Frank and Edith continue to share and wish them great happi- acter. Riley. She was a graduate of Wilmington High ness as they celebrate together with family ‘‘Chelle’’ has expressed her loss in these School and of the University of Delaware. and friends. words ‘‘Fred not only was my husband, but my

∑ 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 04:45 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.001 E29PT1 E790 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2003 gentle giant, my best friend. He wanted to give magnificent pubic servant symbolized by North will always be open . . .’’ Indeed, Officer me and Taylor the best of everything. He em- Miami Police Detective Kathleen Ruggiero. On Ruggiero has truly become the consummate bodied what it is to be a Marine—honor, cour- Sunday, May 4, 2003, at the Miami Shores public servant and community activist who age, commitment. We shared a love that Country Club, she will be honored by the abides by the dictum that children who have helped us through the trials and tribulations of Knights of Columbus, Marian Council #3757 of less in life, through no fault of their own, life and marriage to me and the Marines. I find North Miami, Florida, at a festivity dinner should have more from those of us fortunate comfort in knowing that the last eight years dubbed appropriately as ‘‘American Night’’. enough to have received greater blessings were the best years of our lives, especially the Officer Ruggiero came to the North Miami from God. The collective testimony from the past three years since the birth of our daugh- Police Department in 1984 after working as a parents, community leaders and residents of ter Taylor. I will dread the nights, knowing that trooper with the Florida Highway Patrol for five North Miami represents an unequivocal testi- we will never share our bed together again. years. The citation for this gala event defines mony of the utmost respect and gratitude she He will no longer hold me, comfort me and ‘‘. . . her loyal service to the community of enjoys. make me feel safe.’’ North Miami and the Community she has cre- With the American Night’s Gala Tribute to And, Lieutenant Pokorney’s daughter, Tay- ated by her care and concern of children.’’ her, our community is deeply touched by her lor, expressed her loss in these words. ‘‘My Above all, however, this officer is more sa- undaunted quiet leadership and perseverance. Daddy, my hero. I will take care of Mommy for liently characterized by her deep faith in the As a public servant, she preaches and lives by you as you asked. We will be best friends. I God she serves through those unloved and the adage that, under God’s Providence, our will take her to Sea World for my birthday like unfortunate children whom Divine Providence quest for personal nobility and professional ex- we planned. I love you! I need you! I miss has deigned to send to her home. Being a lov- cellence is not beyond the reach of those will- you!’’ ing mother to her own five children, she has ing to dare the impossible. As a genuine stew- f taken upon herself the awesome responsibility ard of God, she has indeed earned our deep- of providing the same brand of love and affec- est respects and remarkable admiration. HONORING THE OUTSTANDING AC- tion to many more children who have been ei- I am truly privileged to represent her and COMPLISHMENTS OF NOE ther abandoned or left at her doorsteps. her family in the Congress, and I am grateful GUTIERREZ These children have often been victims of that she continues to teach us to live by the domestic violence or have been shortchanged noble ethic of loving God by serving our fel- HON. BART GORDON by the absence of basic family care. The chil- lowmen. Above all, her utmost caring and OF TENNESSEE dren range in age from 1 to 12 years old, in- compassion for helpless little children appeal IN THE HOUSE OF REPRESENTATIVES cluding newly-born babies she saved from a to the noblest character of our humanity. My trash bin elsewhere. With her husband Walter, pride in sharing her friendship is only exceed- Tuesday, April 29, 2003 Officer Ruggiero truly represents the best and ed by my deep gratitude for all that she has Mr. GORDON. Mr. Speaker, I rise today to the noblest of our community. She exudes re- done to uplift our honor and dignity. recognize the perseverance of Noe Gutierrez, markable wisdom and compassion in tirelessly This is the magnificent legacy with which we who has been chosen the National Adult serving her North Miami community and be- will always honor Officer Kathleen Ruggiero. Learner of the Year for 2003. The Shelbyville, yond, and still manages to enlighten her fellow f Tennessee, resident has overcome many ob- citizens on the agenda of conscientious public stacles in his life while pursuing an education service and good governance impacting our CONGRATULATING THE REPUBLIC and a better way of life. duties and responsibilities toward the less for- OF CYPRUS ON ITS RECENT The Council on Adult Basic Education chose tunate. SIGNING OF EUROPEAN UNION Noe to receive the award because he epito- Along with countless others in Miami-Dade ACCESSION TREATY mizes those who want to empower their lives County, I am indeed a fortunate beneficiary of through knowledge. Noe has not faltered in the brand of genuine advocacy she dem- HON. ROBERT E. ANDREWS that pursuit. onstrates both by way of word and example, OF NEW JERSEY Twenty years ago Noe had to leave his na- buttressing her unconditional love for and IN THE HOUSE OF REPRESENTATIVES tive Guatemala to avoid being forced into commitment to the children uprooted from a Tuesday, April 29, 2003 fighting with a band of guerrilla soldiers who home bereft of love and care. I have learned were engaged in a bloody civil war against the from her the centrality of God in our daily Mr. ANDREWS. Mr. Speaker, I rise before government. At just 12 years old, Noe said lives, conscious of the fact that the mandate of you today to offer my sincere congratulations goodbye to his parents and eight siblings and our Judaeo-Christian Faith must characterize to the Republic of Cyprus, as they recently be- migrated to the United States where he our actions toward those who could least fend came 1 of 10 new member states in the Euro- worked as a migrant farm worker until some for themselves. pean Union (EU). Good Samaritans intervened on his behalf. As she wakes up before the crack of dawn On April 16, 2003, President Tassos Noe received his high school diploma on each given day, she begins her domestic Papadopoulos signed the EU Accession Trea- through the Bedford County (Tennessee) Adult chores from mopping the floor to doing the ty, and the Republic of Cyprus officially be- High School, a much more difficult task than laundry to preparing the morning breakfast for came a part of the European Union. This will simply attaining a General Educational Devel- her brood, fully cognizant that she will always undoubtedly prove to be a momentous day for opment certificate. Now Noe works at the Wal- have a full day ahead of her. It is during these the people of Cyprus, as membership in the Mart Distribution Center in Shelbyville, where early morning hours of quiet solitude that she EU will provide security, prosperity, and in- he has been welcomed with open arms by the is enveloped by the loving presence of God, creased activity in international affairs for both community. becoming conscious of her own Christian the Cypriot government and the citizens it rep- Noe is an inspiration for not only immigrants stewardship that God’s work on earth must resents. As Cyprus begins this new chapter in to the United States, but also to anyone who truly become her own. its history, I am confident that it will continue has had to overcome hardships in life. I con- Lovingly called ‘‘Mother Kathy,’’ by her to serve as a model for economic and political gratulate Noe for his outstanding achievement household and her own neighborhood, she progress, and the blossoming relationship be- and wish him and his family the best of luck simply admits that ‘‘. . . It’s not easy. I’m not tween the Cypriot and U.S. governments will in their future endeavors. looking at this like an 18- or 19-year-old continue to flourish. f would. I should be at the age probably where Of great note during this joyous occasion is I don’t have any kids and I’m going on cruises. the fact that the Greek-Cypriots who recently TRIBUTE TO NORTH MIAMI POLICE But that wouldn’t make me happy. I’m going to became a part of the EU have not forgotten DETECTIVE KATHLEEN RUGGIERO change those little lives.’’ Indeed, making a lit- about their Turkish counterparts who still toil tle bit of difference in the lives of abandoned under the illegitimate rule of Rauf Denktash. HON. KENDRICK B. MEEK children is her genuine way of changing the Just days after the EU accession, Greek OF FLORIDA kind of world to which she was given to serve. Prime Minister Costas Simitis discussed de- IN THE HOUSE OF REPRESENTATIVES The Sun Sentinel aptly describes her as tails of a Greek-Cypriot plan to ease economic ‘‘...a woman of few pretenses (who) goes hardships in Turkish occupied northern Cy- Tuesday, April 29, 2003 by the distance... By helping these children prus. Also, Cypriot President Tassos Mr. MEEK of Florida. Mr. Speaker, I rise to you do so much more than help an individual. Papadopoulos has made it clear that negotia- pay tribute to a wonderful human being and a Even though I adopted these kids, my door tions for a reunified Cyprus will continue, and

VerDate Jan 31 2003 04:45 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.004 E29PT1 April 29, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E791 that the recent EU accession of the southern Congressional Fire Service Caucus to honor all means possible to finally tame the disease portion of the island will not have any adverse and pay tribute to a leader in the firefighting that kills more African children than any other effects on progress in this area. As President community—Bill Chandler, who age 92, holds single disease. It recognized the massive im- Papadopoulos stated at the signing ceremony: the record for being the longest serving mem- pact of malaria and Africa’s potential for re- I regret that the artificial walls of division ber of the Carlisle Fire Company in Milford, ducing that impact. It affirmed African leaders’ and the line of separation that was imposed Delaware. Bill Chandler is an outstanding, intent to remove roadblocks to malaria control by force prevent our Turkish Cypriot com- dedicated and caring Delawarean with an and called for more active participation by the patriots from proceeding with us, within the abundance of accomplishments in this field. international community. framework of a reunited Cyprus, on the way On behalf of myself and the citizens of the UNICEF and the World Health Organization to Europe .... I reiterate, from this forum as well, at this historic moment of the signing First State, I would like to honor this out- estimate that malaria kills from 1 million to 2 of the Treaty, my firm commitment to exert standing individual and extend to him our con- million people every year, most of them young every effort to achieve a peaceful, workable gratulations on almost 70 years in the fire de- children and pregnant women in Africa. Along and viable solution to the Cyprus problem. partment. with HIV/AIDS and tuberculosis, malaria is one Mr. Speaker and fellow Members of Con- Today, I recognize Bill Chandler for his long of the three biggest infectious disease killers gress, I ask that you please join me in con- and distinguished career with the Carlisle Fire in the world today. gratulating the government and people of the Company. Since beginning his career at age There has never been a licensed malaria Republic of Cyprus on their recent accession 24 in 1934, Bill Chandler has provided service vaccine, but great progress toward that end is into the European Union. In addition, I ask that in a manner that has brought distinction not now being made. However, the market for a the United States Congress continue to offer only to himself but to the entire Fire Company. malaria vaccine is primarily poor people in de- encouragement and support to both Greek Family, friends and fellow firefighters should veloping countries. This means that market and Turkish Cypriots as negotiations for a re- take a moment to truly appreciate the world of forces requiring an acceptable return on in- unified island continue. difference Bill Chandler has made in the fire- vestment by industry cannot, by themselves, fighting community. He has served for many drive malaria vaccine development. Ensuring f years as fire recorder, vice president, third as- the successful development of a vaccine for a RECOGNIZING BRENT DUNKEL FOR sistant chief, second assistant chief, first as- disease that primarily affects the poorest peo- ACHIEVING THE RANK OF EAGLE sistant chief and eventually chief of the Car- ple in the world requires public funding for re- SCOUT lisle Fire Company. Bill Chandler has also search and development and funding for vac- served on the by-laws, budget, president advi- cine purchase once malaria vaccines are li- HON. SAM GRAVES sory, archives, bingo, bowling, fireman of the censed. OF MISSOURI year, crab feast and sportsman’s expo com- Global and national efforts are making a dif- IN THE HOUSE OF REPRESENTATIVES mittees. He is currently serving as a delegate ference. Lives are being saved, and the move- for the Delaware Volunteer Fireman’s Associa- ment to finally control malaria in Africa is pick- Tuesday, April 29, 2003 tion. ing up momentum. Evidence of this includes Mr. GRAVES. Mr. Speaker, I proudly pause Bill Chandler has spent all of his life helping the increasing level of support for malaria con- to recognize Brent Dunkel, a very special the community of Milford and all of Delaware. trol by the Global Fund for AIDS, Tuberculosis young man who has exemplified the finest To this end, he has received many honors; the and Malaria. But more and broader support is qualities of citizenship and leadership by tak- 55 years of service award signed by then needed to achieve the goal of ending deaths ing an active part in the Boy Scouts of Amer- President George Bush and Senator Bill Roth, from malaria in the shortest time possible. For ica, Troop 249, and in earning the most pres- Fireman Community Service Award and Com- each year we delay, another one to two million tigious award of Eagle Scout. pany Firefighter of the Year Award. Mr. Chan- lives are lost. Brent has been very active with his troop, dler was responsible for many improvements Friday, April 25, 2003, was Africa Malaria participating in such Scout activities as Camp in the firefighting community. He implemented Day. On that day, the equivalent of seven Bartle and Philmont. Over the years he has the very first rubber boots and hard hats at the large planeloads of children died from malaria. been involved in scouting, he has earned 48 Carlisle Fire Company in 1941. However, Bill Most of these children were under the age of merit badges. Additionally, Brent has held nu- Chandler has also made valuable contribu- 5. While this fact deeply saddens me, it also merous leadership positions in his troop, serv- tions to the business community as a partner impassions me. We can and must ensure that ing as assistant patrol leader, assistant senior in Sockrider and Chandler Jewelry Store. more is done to prevent more deaths, today, patrol leader, senior patrol leader and troop Mr. Speaker, with his children Bill, Edna and tomorrow, and into the future. guide. Brent also has been honored for his nu- Gloria and his seven grandchildren at his side, f merous Scouting achievements with such the Chandler family proudly and unselfishly awards as the Foxman in the Tribe of Mic-O- contributes every day to the quality of life at HONORING COMMANDER MCCOOL Say, Brave in the Tribe of Mic-O-Say, Warrior home in their community and our entire State. in the Tribe of Mic-O-Say, Firebuilder in the Mr. William Chandler’s contributions cannot HON. SHELLEY BERKLEY Tribe of Mic-O-Say, Tom-Tom Beater in the be commended enough. As he continues his OF NEVADA Tribe of Mic-O-Say and the World Conserva- commitment to the Carlisle Fire Company, we IN THE HOUSE OF REPRESENTATIVES tion Award. can be sure that his contributions to the com- Tuesday, April 29, 2003 For his Eagle Scout project, Brent prepared munity will not end. His commitment to fighting and landscaped a ‘‘Welcome to Weston’’ sign fires and saving lives has earned him a per- Ms. BERKLEY. Mr. Speaker, on February 1, in Bless Park in Weston, Missouri. manent place in Delaware’s fire service his- 2003, a terrible tragedy took the lives of seven Mr. Speaker, I proudly ask you to join me in tory. brave astronauts aboard the space shuttle Co- lumbia. The second in command was Com- commending Brent Dunkel for his accomplish- f ments with the Boy Scouts of America and for mander William McCool, son of Las Vegans his efforts put forth in achieving the highest RECOGNITION OF AFRICA Audrey and Barent McCool, and all of South- distinction of Eagle Scout. MALARIA DAY ern Nevada mourns the loss of their son. Audrey, a professor at the University of Ne- f HON. DONALD M. PAYNE vada Las Vegas (UNLV), and Barent, a retired TRIBUTE TO WILLIAM CHANDLER, OF NEW JERSEY Marine and Navy pilot and UNLV graduate THE LONGEST SERVING MEMBER IN THE HOUSE OF REPRESENTATIVES student, inspired their son to become a pilot. OF THE CARLISLE FIRE COM- William, called Willie by family and friends, PANY Tuesday, April 29, 2003 built model airplanes as a boy and followed in Mr. PAYNE. Mr. Speaker, I stand today to his father’s footsteps to become a naval avi- HON. MICHAEL N. CASTLE recognize Africa Malaria Day, declared on ator. As a student at Coronado High School in OF DELAWARE April 25, 2000 by 43 African heads of state. Lubbock, Texas, Commander McCool aspired IN THE HOUSE OF REPRESENTATIVES That declaration marked the end of a 3-day to be a pilot and he demonstrated his abilities summit called to renew and re-invigorate Afri- and inherent gift when he graduated second in Tuesday, April 29, 2003 ca’s commitment to defeating malaria, a dis- his class of 1,100 students from the U.S. Mr. CASTLE. Mr. Speaker, It is with great ease that takes a terrible toll on the African Naval Academy in 1983. Commander McCool pleasure that I rise today as a member of the continent. It renewed a commitment to exploit continued his education, earning a master’s

VerDate Jan 31 2003 04:45 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.008 E29PT1 E792 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2003 degree in computer science from the Univer- tion to the teaching profession have earned lence in editorial writing, public service, cre- sity of Maryland in 1985 and a master’s de- her this distinguished recognition. ativity and religion coverage. In addition, the gree in aeronautical engineering from the U.S. Cindy has helped develop and enhance Capitol Outlook was cited by the local Cham- Naval Postgraduate School in 1992. several after-school programs in Murfreesboro. ber of Commerce for business excellence. Commander McCool described his path to She belongs to a host of professional associa- Words are inadequate to describe Mr. Wil- aviation as a series of doors of opportunity tions, including the National Education Asso- son’s contribution to the publishing and broad- opening to him, first the door to the Naval ciation, the Tennessee Education Association, casting world. In 2000, Mr. Wilson’s coverage Academy and then another to naval aviation. the Murfreesboro Education Association, the of the Executive Order eliminating affirmative Then in 1996, NASA accepted Commander Mary Tom Berry Reading Association, the action in the state of Florida and the public McCool for astronaut shuttle training, and he, American Psychological Association, Cognition outcry that ensued was recognized for its ob- his wife, Lani, and their three sons moved to and Phi Kappa Phi. jectivity and fairness. Furthermore, his weekly Houston. In addition to helping her students attain ex- call-in radio show ‘‘Against the Grain’’ has be- Commander McCool’s experience as a test cellent educations, Cindy has aided her peers come one of the most popular radio shows pilot, and his reputation as one of the Navy’s through participation in a number of work- reaching thousands of listeners across North elite aviators, led to his opportunity to fly on shops and seminars. She has even presented Florida. the Columbia. Commander McCool dedicated a research paper in Durham, England, at the Throughout his professional career, Mr. Wil- himself to space exploration and to the International Neurological Symposium. And son has been honored for his community work progress of mankind. He brought his extraor- she has coauthored three professional publi- and academic achievements on several occa- dinary gift to students in the classroom cations regarding developmental cognitive sions. In 1999, he was inducted into the Flor- through a NASA Program that sent astronauts neurolinguistics. ida A&M University Sports Hall of Fame. He to speak with students. Commander McCool I salute Cindy’s remarkable achievements has also been recognized as Florida Teacher had a unique ability to reach the students and not only as an educator, but also as a citizen of the Year by Florida A&M University and the cherished this opportunity. Because of these who is ensuring our society has the resources NAACP honored him with their Community opportunities to speak with students, he it needs to succeed. Our children, after all, Service Award. dreamed of retiring from NASA and becoming reap the rewards of the hard work and deter- As Florida A&M University honors Mr. Roo- a high school science teacher. mination that people like Cindy possess. She sevelt Wilson, I praise this man for his bound- Commander McCool would be pleased to is a truly gifted educator who has made a tre- less energy and his commitment to the Univer- know that children name him as a personal in- mendous difference in the lives of so many. sity. I congratulate Mr. Wilson on his retire- spiration. Children all over the country say that f ment and praise him for all that he has sac- Commander McCool has inspired them to go rificed on behalf of his students. Mr. Wilson’s after their dreams, to not give up, and to ROOSEVELT WILSON: A PILLAR IN legacy as a teacher and educator will live on achieve. He taught them that you do not have THE COMMUNITY through the thousands of students who’ve to be extremely wealthy or a genius to reach passed through his classes and the thousands one’s dreams. Commander McCool was a reg- HON. KENDRICK B. MEEK of athletes who’ve passed through his office ular person and believed regular people who OF FLORIDA door. His legacy as a wordsmith will continue set goals and work hard can produce great IN THE HOUSE OF REPRESENTATIVES to live on through his columns, pictures, arti- things. Tuesday, April 29, 2003 cles, and radio broadcasts. I am honored to Space travel and exploration excited Com- call him a friend and a mentor. Mr. MEEK of Florida. Mr. Speaker, I rise mander McCool and he believed that the ex- f periments on board the Columbia would im- today to honor a man who is closing one prove people’s lives on earth. Commander chapter in his illustrious career. Mr. Roosevelt JAVITS-WAGNER-O’DAY PROGRAM McCool and his crew mates were concerned Wilson or ‘‘Prof. Wilson’’, as his journalism about the environment and the well-being of students call him, is being honored tonight in HON. ROBERT E. ANDREWS people on this earth. The crew hoped, through Tallahassee, Florida. After nearly 18 years of OF NEW JERSEY their flight, to set an example for others as to teaching journalism, Mr. Wilson is retiring from IN THE HOUSE OF REPRESENTATIVES the Florida A&M University School of Jour- the importance of working in harmony for the Tuesday, April 29, 2003 betterment of the planet, its environment and nalism, Media and Graphic Arts, and is being all humanity. While aboard Columbia, Com- recognized at a special retirement banquet in Mr. ANDREWS. Mr. Speaker, for the past mander McCool said ‘‘I’ve had the opportunity his honor from Florida A&M University. To- 64 years the Javits-Wagner-O’Day (JWOD) to be on the flight deck, to look outside and night journalism students, family, friends, Program has empowered Americans who are really soak up the sunrises and sunsets, the former athletes and community leaders will blind or severely disabled by providing them moonrises and moonsets, the views of the gather to honor and pay tribute to this remark- with a diverse set of employment opportuni- Himalayas, Australia, all the continents.’’ Com- able man who has influenced and touched so ties. Today 38,000 disabled Americans are re- mander McCool will be remembered for articu- many lives. alizing their potential by working in their local lating to all of us his awe of the majesty and Throughout many crossroads in my per- communities across the country under this mystery of space, his dedication to advancing sonal and professional career, Mr. Wilson has program. These Americans are proud to pro- our knowledge, and his love for his family. As played a critical role. As a high school senior vide federal and military customers with a  Audrey said of her son, ‘‘He did not die in who was eager to play for the world-famous wide array of SKILCRAFT and other JWOD vain.’’ Florida A&M University Rattler football team, products and services. The JWOD Program Mr. Wilson helped me and countless other prides itself on delivering high quality products f athletes secure scholarships. As Sports Infor- and services at a competitive price in the most HONORING CINDY JONES AND HER mation Director and Director of Intercollegiate convenient way possible. DEDICATION TO TEACHING Athletics at Florida A&M University, Mr. Wil- Some of the product categories offered by son’s wisdom and real-world advice were in- the JWOD program include office supplies, HON. BART GORDON spirational to thousands of bright-eyed student military specific, safety, maintenance, repair, OF TENNESSEE athletes with dreams of gridiron success. medical-surgical, janitorial-sanitation, and IN THE HOUSE OF REPRESENTATIVES In 1991, Mr. Wilson embarked on a new customization. The services that are provided venture as publisher of a weekly African- to the federal and military customer include Tuesday, April 29, 2003 American Newspaper, the Capitol Outlook. but aren’t limited to call center and switch- Mr. GORDON. Mr. Speaker, I rise today to With the help of family and friends, Mr. Wilson board operation, military base and federal of- congratulate Cindy Jones and her induction turned a small weekly paper into an award- fice building supply centers, CD-Rom duplica- into the National Teachers Hall of Fame. winning nationally recognized publication. tion-replication, data entry, document imaging Cindy teaches elementary education at Cason Every week more than 16,000 readers across and grounds care. Lane Academy in my hometown of the state read this weekly paper for its polit- I rise today in support of the Javits-Wagner- Murfreesboro, Tennessee. ical, community and feature coverage. As pub- O’Day Program and the opportunities it pro- Only five teachers nationwide are inducted lisher of the Capitol Outlook, Mr. Wilson’s vides for an underemployed population of hard into the National Teachers Hall of Fame each weekly columns have won national awards working Americans. Furthermore, I urge my year. Cindy’s outstanding service and dedica- and the newspaper has been cited for excel- colleagues to purchase SKILCRAFT and

VerDate Jan 31 2003 04:45 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.012 E29PT1 April 29, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E793 JWOD products from the House-Senate Sta- ENERGY POLICY ACT OF 2003 North Slope Reserves and a 3 year supply at tionary stores not only because of their quality West Sac. and value, but also because of the socio- SPEECH OF I know that energy efficiency alone will not economic benefits that can come from sup- HON. MICHAEL N. CASTLE be able to meet our country’s current energy porting the program. By purchasing these needs, we must begin to make a stronger OF DELAWARE products and using these services we are en- commitment to alternative fuels and conserva- IN THE HOUSE OF REPRESENTATIVES abling more disabled Americans to have the tion as ways to improve our environment and opportunity to become taxpayers. Today in Friday, April 11, 2003 boost this Nation’s struggling economy. As this Runnemede, New Jersey, 34 blind Americans The House in Committee of the Whole debate now moves forward, Congress must are employed under the JWOD Program and House on the State of the Union had under seize this opportunity to put these important are producing high quality items or services consideration the bill (H.R. 6) to enhance en- efforts at the forefront of a comprehensive na- for us, the federal customer. ergy conservation and research and develop- tional energy policy. ment, to provide for security and diversity in I am committed to finding solutions to the The JWOD Program is administered by the the energy supply for the American people, energy crisis that strike a proper balance be- Presidentially-appointed Committee for Pur- and for other purposes: tween conservation and production. I am chase From People Who Are Blind or Se- Mr. CASTLE. Mr. Speaker, I rise today to hopeful that The Energy Policy Act of 2003 verely Disabled, with much assistance from express my concerns with H.R. 6, ‘‘The En- will represent a balanced, more fiscally re- National Industries for the Blind (NIB) and ergy Policy Act of 2003,’’ in particular, provi- sponsible proposal when I have the chance to NISH, which serves people with a wide range sions to open the Arctic National Wildlife Ref- vote on the House-Senate Conference Report of disabilities. More than 650 local nonprofit uge (ANWR) for drilling. on this bill later in the 108th Congress. agencies associated with NIB and NISH em- I support a strong, comprehensive national ploy people who are blind or disabled to energy policy that promotes conservation, al- f produce the quality products and offer the ternative fuels, and technologies, in conjunc- PERSONAL EXPLANATION services authorized for sale to the federal gov- tion with maintaining sound environmental ernment under the JWOD Program. practices. One thing that every Member of this HON. EARL BLUMENAUER Congress agrees on is that our nation needs The JWOD Program is a great illustration of OF OREGON an energy plan that has a strong balance be- a successful partnership that has the ability to IN THE HOUSE OF REPRESENTATIVES continuously grow with the changing procure- tween energy production and energy effi- Tuesday, April 29, 2003 ment environment within the federal govern- ciency. I was pleased to hear President Bush ment. once again lead the energy section of his Mr. BLUMENAUER. Mr. Speaker, on Friday, State of the Union address with support for April 11, 2003, I was absent due to participa- The Javits-Wagner-O’Day Program works energy efficiency, especially his initiative to ac- tion in a previously scheduled conference. for America. celerate research into hydrogen fuel cells. This On rollcall votes numbered 142, 143, and kind of long-term commitment will help our 144, I would have voted ‘‘yea.’’ f country shift to more environmentally friendly I would have voted to support an amend- energy sources. We must maintain proper lev- RECOGNIZING JOHN CLEARY FOR ment by Representative KIND to strike Title II els of funding for renewable energy research, of the Energy Bill (#142). Title II would not ACHIEVING THE RANK OF EAGLE so renewable energy can become a greater SCOUT only increase oil and gas drilling on sensitive proportion of our nation’s energy supply in the public lands without ensuring environmental long run. protections, but it would also provide royalty HON. SAM GRAVES Although The Energy Policy Act of 2003 relief to these industries. The American public contained several conservation measures, in- and Federal Treasury need these royalty pay- OF MISSOURI cluding close to $7 billion for tax credits for the ments in order to fully fund the Conservation use of alternative fuels and conservation, the IN THE HOUSE OF REPRESENTATIVES Trust Fund, which pays for many of our na- proposal also contained an additional $12 bil- tion’s parks, refuges, wildlife protections, open Tuesday, April 29, 2003 lion in production-related tax incentives to space, and contributes to the preservation of coal, oil, and gas industries. Even so, experts our historic and cultural resources. Mr. GRAVES. Mr. Speaker, I proudly pause predict the shortage of natural gas supplies I would have also voted to support Rep- to recognize John Cleary, a very special will continue suggesting that tax policy alone resentative RAHALL’s amendment to strike Di- young man who has exemplified the finest is not sufficient to address the crisis in natural vision C, Title III of the Energy Bill (#143). I qualities of citizenship and leadership by tak- gas. Therefore, these tax measures combined oppose these provisions that provide benefits ing an active part in the Boy Scouts of Amer- with the proposal to open ANWR for drilling to certain coal companies at the detriment of ica, Troop 249, and in earning the most pres- led me to oppose H.R. 6 competition within the coal industry, taxpayers, tigious award of Eagle Scout. I believe we have a responsibility to pre- and the environment. John has been very active with his troop, serve and protect our environment. As you Finally, I would have voted in support of participating in such scout activities as Camp know, whether or not to drill for oil in ANWR Representative DINGELL’s motion to recommit Bartle and as a counselor at Camp Naish. has long been a controversial subject. I be- the Energy Bill (#144). I support Mr. DINGELL’s Over the five years he has been involved in lieve there are other ways to ensure the efforts to substitute a hydroelectric energy title Scouting, he has earned 28 merit badges. Ad- United States has a national energy policy that would have offered increased protections ditionally, John has held numerous leadership other than disturbing a pristine wildlife refuge. for fish and wildlife. positions, serving as patrol leader, senior pa- Proponents of drilling for oil in ANWR have On rollcall vote numbered 145, I would have trol leader, quartermaster and chaplain aide. not made an adequate case to me, and there- voted ‘‘nay.’’ The statement that I submitted John also has been honored for his numerous fore, I support an amendment to strike the lan- for the RECORD during the debate on the En- Scouting achievements with such awards as guage in H.R. 6 proposing to open ANWR to ergy Bill provides an explanation of why I the Arrow of Light Award, Foxman in the Tribe drilling. voted against final passage of H.R. 6. of Mic-O-Say, Brave in the Tribe of Mic-O- The U.S. Geological Survey reports that f Say, Warrior in the Tribe of Mic-O-Say and the there are only 3.2 billion barrels (6 months’ TRIBUTE TO WILLIE BELL ‘‘MISS Order of the Arrow Award. supply) of economically recoverable oil in ANWR. In contrast to ANWR’s 6 month oil HONEY’’ WALLACE For his Eagle Scout project, John planned supply, natural gas from Alaska’s North Slope and coordinated the replacement of play- would provide a 10 month supply. There is HON. BENNIE G. THOMPSON ground equipment in his neighborhood park in consensus from all sides that this natural gas Farley, Missouri. OF MISSISSIPPI should be piped to the lower 48 states, but IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I proudly ask you to join me in there is disagreement on the location of the commending John Cleary for his accomplish- pipeline. I support efforts to make a final de- Tuesday, April 29, 2003 ments with the Boy Scouts of America and for termination so this pipeline can be built quick- Mr. THOMPSON of Mississippi. Mr. Speak- his efforts put forth in achieving the highest ly, but safely. Other sources of energy on the er, I rise today to pay tribute to the life and ac- distinction of Eagle Scout. North Slope include a 13 month supply in the complishments of Mrs. Willie Bell Wallace of

VerDate Jan 31 2003 04:45 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.015 E29PT1 E794 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2003 the Town of Cruger, Mississippi. At 100 years Mr. Speaker, my bill provides for an addi- it is by the quality of life we achieve in our old, Mrs. Willie Bell Wallace, the oldest Mis- tional $2.5 billion over the next five years to own country. The real measure of our human- sissippi’s citizen from the Town of Cruger, increase and expand, in a significant way, our ity as a nation is our ability to share our treas- died on Sunday, March 30, 2003. program to fight HIV/AIDS in sub-Saharan Af- ure, our time, and our talents with the truly Mrs. Willie Bell Wallace was born November rica and the Caribbean. My legislation also needy. 2, 1902. She wedded Will Wallace and to- calls for the Administration to place a medical If Congress does not further America’s com- gether they had three children. Unfortunately, officer in each of our embassies to help co- mitment to the global war on HIV/AIDS, then two of her children preceded her in death. ordinate our response to this disease. The sci- it is doing a disservice to the entire world com- She is survived by her grandchildren, great entific community has not yet found a cure for munity. I ask my colleagues for their support grandchildren, nieces and nephews. She was HIV/AIDS, but there is a vast body of knowl- for this legislation, and I urge the leadership to well known, loved, and honored by all the citi- edge that has improved in a significant way bring it to the floor for its immediate consider- zens of Cruger and many in the Holmes the quality of treatment for those who have ation. County area of Mississippi. HIV and AIDS. Affectionately known as ‘‘Miss Honey’’, she Sub-Saharan Africa is far more severely af- f enjoyed good health all of her life, and God fected by AIDS than any other part of the blessed her with a ‘‘sound’’ mind until she world. In fact, AIDS has surpassed malaria as HONORING DR. HERBERT S. closed her eyes in death. the leading cause of death in sub-Saharan Af- MOYER, ON HIS 75TH BIRTHDAY ‘‘Miss Honey’’, you will be missed, but I rica, and it kills many more people than armed know you are in a better place now. God bless conflicts. you and your family. The statistics, Mr. Speaker, are startling. Af- HON. JOHN D. DINGELL f rica, where an estimated 3.5 million people were newly infected with HIV in 2002, has ap- OF MICHIGAN HONORING CHARLES MICHAEL PE- proximately 10 percent of the world’s popu- DERSEN FOR EARNING THE IN THE HOUSE OF REPRESENTATIVES lation but more than 70 percent of the world- RANK OF EAGLE SCOUT wide total of people infected with HIV. In 2002, Tuesday, April 29, 2003 the Joint United Nations Program on HIV/AIDS HON. SAM GRAVES (UNAIDS) reported 29.4 million people were Mr. DINGELL. Mr. Speaker, I rise today to OF MISSOURI living with HIV/AIDS in sub-Saharan Africa. At acknowledge and celebrate my dear friend Dr. IN THE HOUSE OF REPRESENTATIVES the end of 2001, an estimated 21.5 million Af- Herbert S. Moyer on the occasion of his 75th Tuesday, April 29, 2003 ricans had lost their lives to AIDS, including an birthday. Over the course of his lifetime, Dr. estimated 2.2 million who had died during that Moyer has proven himself to be a passionate Mr. GRAVES. Mr. Speaker, I proudly pause and effective educator, a committed commu- to recognize Charles Michael Pedersen, a year alone. UNAIDS estimates that by 2020, an additional 55 million Africans will lose their nity servant and a loving husband, father and very special young man who has exemplified grandfather. the finest qualities of citizenship and leader- lives to this illness. This pandemic is having a ship by taking an active part in the Boy Scouts much greater impact on children in Africa than A lifelong Michigan resident, Dr. Moyer of America, Troop 218, and in earning the is the case in other parts of the world. worked as both a teacher and school adminis- most prestigious award of Eagle Scout. According to UNAIDS, more than 600,000 trator before becoming Superintendent of the Charles has been very active with his troop, African infants become infected with HIV each Bedford Public Schools in 1984. Herb retired participating in such scout activities as the year through mother-to-child transmission, ei- from the same position 13 years later, having 2001 National Scout Jamboree, Camp Geiger, ther at birth or through breast-feeding. These provided stable and visionary leadership for Camp Geiger Staff in 2000, 2001, and 2002, children have short life expectancies, and the the Bedford Schools. Dr. Moyer’s profes- and junior leadership training in 2002. Over number currently alive may be about one mil- sionalism and accomplishments earned him the 11 years he has been involved in scouting, lion children. the Michigan Superintendent of the Year dis- he has earned 29 merit badges. Additionally, In 2001, about 11 million children became tinction in 1994. More importantly, under Dr. Charles has held numerous leadership posi- orphans by AIDS in Africa. Because of the Moyer’s direction, the Bedford Public Schools tions, serving as senior patrol leader, assistant stigma attached to AIDS, children who be- made tangible and steady progress in aca- senior patrol leader, troop guide, troop instruc- come orphans by AIDS are at high risk for demic achievement. Herb also advocated tor, troop historian, and assistant patrol leader. being malnourished, abused, and denied an unique partnerships with community organiza- Charles also has been honored for his numer- education. tions that enabled Bedford residents to benefit While the AIDS epidemic in the Caribbean ous scouting achievements with such awards from resources the school district owned and, countries does not compare to the severity of as the Arrow of Light Award, Camp Geiger in turn, enabled the school district to benefit the pandemic in Africa, there are an estimated Staffman of the week in 2001, Lone Bear from the collective good-will and talents of all 420,000 people living with AIDS in Caribbean Council in the tribe of Mic-O-Say and Tom- of its residents. countries. Moreover, the HIV/AIDS adult prev- Tom Beater in the tribe of Mic-O-Say. Once retired, Herb abided the same sense alence rate in several countries in the Carib- of community service evident from when he f bean is among the highest outside of sub-Sa- served in the United States Army in both Ger- THE HUMANITARIAN ASSISTANCE haran Africa. many and Austria. Dr. Moyer successfully ran TO COMBAT HIV/AIDS IN SUB-SA- Mr. Speaker, the toll of this disease has for a seat on the State Board of Education HARAN AFRICA AND THE CARIB- brought unspeakable sorrow and distress to and has served to help guide educational pol- BEAN AND NATIONAL SECURITY Africa, the Caribbean, and other areas of the icy for the entire State of Michigan in this posi- ACT OF 2003 world. Our government has made a very good effort to address this disease in Africa and tion since 1996. Herb is also an ordained elsewhere; indeed we are in the forefront of Presbyterian Elder, remains active with the HON. ALCEE L. HASTINGS Monroe Chamber of Commerce and the Mon- OF FLORIDA the battle. Notwithstanding this fact, if we are to be successful in saving our brothers and roe Democratic Party. As part of his legacy in IN THE HOUSE OF REPRESENTATIVES sisters in Africa and the Caribbean, we must the Bedford Public Schools, Herb funds a Tuesday, April 29, 2003 expand our effort in these regions significantly. $1,000 scholarship to be awarded annually by Mr. HASTINGS of Florida. Mr. Speaker, I That is the purpose of this legislation, Mr. the Bedford PTA to the student who has dem- rise today to introduce the Humanitarian As- Speaker. With the additional resources, both onstrated outstanding academic and volunteer sistance to Combat HIV/AIDS in Sub-Saharan financial and human, provided for in my legis- achievement. Africa and the Caribbean and National Secu- lation, we can begin to stem the tide of this Mr. Speaker, I am humbled and honored to rity Act of 2003. disease. We know what works in the effort to count such an accomplished and distinguished I have long been concerned with the prob- combat HIV/AIDS and we need to get on man and public servant amongst my friends. I lem of HIV/AIDS, not just in our own country, about the business of doing it. ask that you join me in congratulating Dr. Her- but also as it affects the poor countries of the Mr. Speaker, America is a great country. In bert Moyer on his 75th birthday and in wishing world. I am proud that the response to this the long history of mankind, our greatness will him and his wife, Lonnie Peppler Moyer, many disease has been truly a bipartisan one. AIDS be measured as much by what we do for the more happy years of life, marriage and service is blind to party stripes or political affiliation. needy and the less fortunate of the world as to his community.

VerDate Jan 31 2003 04:54 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A29AP8.020 E29PT1 April 29, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E795 SMALLPOX VACCINE RECOGNIZING ANDREW FISHER The students are given an opportunity to dem- FOR ACHIEVING THE RANK OF onstrate their knowledge while they evaluate, EAGLE SCOUT take, and defend positions on relevant histor- HON. HENRY A. WAXMAN ical and contemporary issues. Their testimony is followed by a period of questioning by the OF CALIFORNIA HON. SAM GRAVES OF MISSOURI judges who probe the students’ depth of un- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES derstanding and ability to apply their constitu- tional knowledge. Tuesday, April 29, 2003 Tuesday, April 29, 2003 The We the People program provides cur- Mr. WAXMAN. Mr. Speaker, today the Mr. GRAVES. Mr. Speaker, I proudly pause ricula materials at upper elementary, middle, House of Representatives passed legislation to recognize Andrew Fisher, a very special and high school levels. The curricula not only authorizing a smallpox vaccine compensation young man who has exemplified the finest enhances students’ understanding of the insti- program for first-responders. The legislation qualities of citizenship and leadership by tak- tutions of American constitutional democracy, we passed today is an improvement over the ing an active part in the Boy Scouts of Amer- but it also helps them identify the contem- legislation that the House rejected several ica, Troop 249, and in earning the most pres- porary relevance of the U.S. Constitution and weeks ago. Under the plan we passed today tigious award of Eagle Scout. Bill of Rights. Critical thinking exercises, prob- nurses, firefighters and other first-responders Andrew has been very active with his troop, lem-solving activities, and cooperative learning participating in such scout activities as Camp will not have to rush to be vaccinated in order techniques help develop participatory skills Bartle and Philmont. Over the five years he to make an arbitrary deadline for compensa- necessary for students to become active, re- has been involved in scouting, he has earned tion eligibility. First-responders who are per- sponsible citizens. 32 merit badges. Additionally, Andrew has Independent studies by the Educational manently disabled as a result of the smallpox held numerous leadership positions in his Testing Service (ETS) revealed that students vaccine will receive a portion of their wages troop, serving as Assistant Senior Patrol Lead- enrolled in the We the People program at that is not subject to a lifetime cap. And first- er, Senior Patrol Leader and Quartermaster. upper elementary, middle, and high school responders who are out of work for more than Andrew also has been honored for his numer- levels ‘‘significantly outperformed comparison ten days will receive reimbursement for lost ous scouting achievements with such awards students on every topic of the tests taken.’’ wages from the first day of work that they as the Foxman in the Tribe of Mic-O-Say, Another study by Richard Brody at Stanford missed. Brave in the Tribe of Mic-O-Say, Warrior in the University discovered that students involved in These are important improvements. How- Tribe of Mic-O-Say, Firebuilder in the Tribe of the We the People program develop greater ever, the program still falls short and I am dis- Mic-O-Say, Tom-Tom Beater in the Tribe of commitment to democratic principles and val- appointed that the Administration nickeled- Mic-O-Say, the World Conservation Award, ues than do students using traditional text- and-dimed first-responders throughout this and the 50 Miller Award. books and approaches. Researchers at the process. The Republicans refused to guar- For his Eagle Scout project, Andrew pre- Council for Basic Education noted, antee these brave men and women who vol- pared a landscaping and renovation project for ‘‘[T]eachers feel excited and renewed. . . . unteer to take the smallpox vaccine to protect a memorial to a fallen firefighter in Weston, Students are enthusiastic about what they all of us in case of a bioterror attack at the Missouri. have been able to accomplish, especially in same level of compensation that would be Mr. Speaker, I proudly ask you to join me in terms of their ability to carry out a reasoned available to members of Congress if we are commending Andrew Fisher for his accom- argument. They have become energized about injured on the job. Nurses, firefighters, and po- plishments with the Boy Scouts of America their place as citizens of the United States.’’ lice officers deserve a better law than this. and for his efforts put forth in achieving the The class from Duluth Central High School Given that the risk of injury from the vaccine highest distinction of Eagle Scout. is currently preparing for their participation in is several tens per million, and the Administra- f the national competition in Washington, D.C. It tion only expects to vaccinate several million, is inspiring to see these young people advo- ensuring full and fair compensation would cer- TRIBUTE TO THE CLASS FROM cate the fundamental ideals and principles of tainly have been affordable. DULUTH CENTRAL HIGH SCHOOL our government, ideas that identify us as a I want this program to work. I want first-re- people and bind us together as a nation. It is sponders to have adequate access to com- HON. JAMES L. OBERSTAR important for future generations to understand pensation so they feel comfortable about tak- OF MINNESOTA these values and principles which we hold as ing the smallpox vaccine. If this program is IN THE HOUSE OF REPRESENTATIVES standards in our endeavor to preserve and re- going to succeed, the Administration is going Tuesday, April 29, 2003 alize the promise of our constitutional democ- racy. I wish these young ‘‘constitutional ex- to have to make good on promises it made to Mr. OBERSTAR. Mr. Speaker, on April 26, us that it refused to put in the legislation. perts’’ the best of luck at the We the People 2003, more than 1200 students from across national finals. These promises include: assuring adequate the United States arrived in Washington, D.C. f funding so that states can provide appropriate to compete in the national finals of the We the education and screening of first-responders People: The Citizen and the Constitution pro- TRIBUTE TO G. WILLIAM WARD volunteering for the vaccine; indexing the an- gram, the most extensive educational program nual cap on wage replacement to inflation; in the country developed specifically to edu- HON. BILL SHUSTER and allowing first-responders who are injured cate young people about the U.S. Constitution by the vaccine to deduct their compensation OF PENNSYLVANIA and the Bill of Rights. Administered by the IN THE HOUSE OF REPRESENTATIVES from their federal taxes. In response to con- Center for Civic Education, the We the People cerns that the legislation does not allow for ju- program is funded by the U.S. Department of Tuesday, April 29, 2003 dicial review of compensation determinations, Education by an act of Congress. Mr. SHUSTER. Mr. Speaker, I rise today to the Administration has said that the Secretary I am proud to announce that the class from congratulate G. William Ward for earning the of Health and Human Services intends to run Duluth Central High School from Duluth will Blair County Chamber of Commerce Lifetime this program in a fair and generous way. En- represent the State of Minnesota in this na- Achievement Award for Business Advocacy suring that these promises are fulfilled is a tional event. These young scholars have and the National Distinguished Eagle Scout critical component of meeting that pledge. worked conscientiously to reach the national Award given by the Penns Woods Council of I would like to thank Representative CAPPS, finals by participating at local and statewide the Boy Scouts of America. Both awards will Representative DINGELL, Representative competitions. As a result of their experience be presented to Mr. Ward at a dinner in his BROWN, Senator KENNEDY and others, as well they have gained a deep knowledge and un- honor cosponsored by both award giving par- as their staffs, for their commitment to this derstanding of the fundamental principles and ties. issue and for working with me for the last six values of our constitutional democracy. G. William Ward is a resident of Blair Coun- months to improve this program so that first- The three-day We the People national com- ty, Pennsylvania and currently serves as the responders will have some assurance that if petition is modeled after hearings in the United President and Chairman of the Board of Ward they are injured by the smallpox vaccine, they States Congress. The hearings consist of oral Trucking Corporation. During his tenure with will receive at least some measure of com- presentations by high school students before a Ward Trucking, he has accumulated an im- pensation. panel of adult judges on constitutional topics. pressive list of professional achievements and

VerDate Jan 31 2003 04:45 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.025 E29PT1 E796 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2003 has always demonstrated a strong commit- Boeheim. For twenty-seven seasons, Coach Summa Cum Laude from Texas Tech with a ment to community service. In 1967, when Mr. Boeheim has been a constant in college bas- Bachelors degree in Business Administration Ward became the newly-elected president of ketball. From the inaugural Big East Con- and is currently maintaining a 4.0 in Tech’s Ward Trucking, he quickly established a ference season, through two heart-breaking M.B.A. program. As if these accomplishments strong presence in Blair County by opening a losses in the championship games of 1987 on the athletic field and in the classroom were new Altoona terminal and maintenance hub as and 1996, and even through prostate cancer not enough, Lennard is currently applying his well as two new local warehouses. Just two surgery last season; Coach Boeheim has re- many talents and work ethic in my office as an years later, Ward Trucking celebrated the mained dedicated to his players. Over the intern under the Texas Tech President’s Con- opening of a new general office complex, years, Coach Boeheim and his staff have gressional Intern Program for the Spring 2003 which made Altoona the official headquarters turned upstate New York from a blanket of semester. He is a valuable asset to me and of the company. Under Mr. Ward’s leadership, white snow into a sea of orange and blue the my staff under this program which enables the trucking company has experienced numer- whole state has embraced. students to learn firsthand about the legislative ous successes. In 1997, the Ward Trucking A perfect example of the state-wide support process. Corporation was inducted into the Blair County directed towards the Orangemen was em- It is with great pride and pleasure, Mr. Business Hall of Fame for being an out- bodied at the East Regional Finals held in Al- Speaker, that I call to my colleagues’ attention standing corporate citizen and being a ‘‘vital bany, NY, where thousands of Syracuse fans the outstanding achievements of this dedi- component of the continued thrust for the eco- from around the state and country flocked to cated and motivated young man, who is has nomic development and improved business the Capitol Region. Albany gladly allowed brought a great credit to his generation, his climate in Blair County.’’ Five years later, that them to make the Pepsi Arena their ‘‘Dome school and our fine State. Lennard is truly a sentiment still holds true today. Mr. Ward has away from home.’’ born leader, whose future is bright. I am con- been instrumental in the growth and strength I would like to recognize the individual mem- fident that he will continue to set lofty goals, of the Ward Trucking Corporation. During his bers of the Syracuse team. The 2003 Orange- and will not stop working hard to attain them. tenure as President and Chairman of the men team included: Gerry McNamara, Keuth I congratulate him on this distinct honor and Board, the company has more than doubled Duany, Hakim Warrick, Billy Edelin, Jeremy wish him all the best in the future. its workforce, grew revenue from $7 million to McNeil, Josh Pace, Tyrone Albright, Josh more than $96 million at the end of 2001, and Brooks, Xzavier Gaines, Matt Gorman, Gary f expanded service from two to eleven states. Hall, Ronneil Herron, and Andrew Kouwe. Mr. Speaker, in addition to being an excel- There are two members of the team deserv- LEGISLATIVE BRANCH lent business advocate for the community of ing special acknowledgement. The first is APPROPRIATIONS Blair County and surrounding areas, Mr. Ward Craig Forth, the starting center of the team, is also a dedicated volunteer. He is especially who was born and raised in the 20th Congres- HON. DAVE CAMP involved with a nationally recognized commu- sional District, in East Greenbush, NY. In addi- OF MICHIGAN nity service organization, the Boy Scouts. He tion to having one of his best games in the IN THE HOUSE OF REPRESENTATIVES has served in numerous capacities, from a National Championship against Kansas, Craig Den Leader to Vice-Chairman of the Camp is also an outstanding student, maintaining a Tuesday, April 29, 2003 Development Fund Campaign. Mr. Ward is an 3.86 GPA and being named a Big East Con- Mr. CAMP. Mr. Speaker, I submit the fol- excellent role model and is always very gen- ference Academic All-Star. lowing letter for the RECORD: erous with his time. Mr. Ward and his family Finally, I would like to recognize the Big Hon. JACK KINGSTON, are also very generous with financial contribu- East Freshman of the Year, the National Chairman, Legislative Branch Appropriations tions. They have a long history of donating, Freshman of the Year, and the Final Four Subcommittee, Washington, DC. whether personally or through Ward Trucking, MVP, Carmelo Anthony. Carmelo has been DEAR CHAIRMAN KINGSTON: I am writing to to a wide variety of worthy organizations in one of the most exciting freshmen players in ask your support for including H.R. 921, a bill their community. I introduced, as an amendment into the base years. I am sure all Syracuse fans, including bill of the Legislative Branch Appropriations Mr. Speaker, I urge my colleagues to join my colleagues from the NY delegation, would me in congratulating G. William Ward for re- bill. join me in asking Carmelo to consider ‘‘One My amendment requires that unused Con- ceiving both the Blair County Chamber of More Year!’’ gressional office funds from Members’ Rep- Commerce Lifetime Achievement Award for resentational Allowances be returned di- f Business Advocacy and the National Distin- rectly to the Treasury at the end of the year guished Eagle Scout Award. I encourage Mr. HONORING TEXAS TECH’S MALE for debt reduction. For the last several Ward to continue to strive to achieve new ATHLETE OF THE YEAR, years, I have introduced this amendment to business goals and to also remain such an ac- LENNARD CHRISTENSEN the Legislative Branch Appropriations bill tive and caring member of his community. I regarding the use of unspent office funds. wish him the best of luck in all his future en- Taxpayers for Common Sense, Citizens deavors. HON. LARRY COMBEST Against Government Waste, the Concord Co- alition, and Citizens for a Sound Economy OF TEXAS f have all supported this amendment in the IN THE HOUSE OF REPRESENTATIVES past. NATIONAL CHAMPIONS SYRACUSE Tuesday, April 29, 2003 I believe that this amendment provides a UNIVERSITY good incentive for Members to spend tax- Mr. COMBEST. Mr. Speaker, I rise today to payer funds responsibly and lead by example HON. JOHN E. SWEENEY recognize and honor Lennard Christensen, in our efforts to reduce the national debt. Without this amendment, unexpended Mem- OF NEW YORK who has been named Male Athlete of the Year of Texas Tech University. bers’ Representational Allowances can be IN THE HOUSE OF REPRESENTATIVES Lennard began playing with the Texas Tech ‘‘reprogrammed’’ for other budget purposes, Tuesday, April 29, 2003 football team in 1999. In the fall of 2000–2001 frustrating the frugal efforts of many Mem- bers. Let’s keep practicing sound spending Mr. SWEENEY. Mr. Speaker, I am here he was named to the Big Twelve Academic practices and keep us moving towards reduc- today to offer my congratulations to the 2003 first team. He excelled on special teams and ing our enormous national debt. NCAA Division I Men’s Basketball National always inspired his teammates with his posi- Since this amendment has continuously Champions, the Orangemen of Syracuse Uni- tive attitude. Even though he was not a starter passed with strong support, I would like you versity. on defense, Lennard nonetheless earned to consider including it in the base bill. I These young men started the season enough respect from his teammates to receive have enclosed a copy of the amendment for unranked and became the number one team many votes for Team Captain. your consideration. If you have any ques- in the nation—marking the first time in college In addition to his dedication to Red Raider tions, please do not hesitate to contact me or Brian Sutter on my staff at 5–3561. I look basketball history this impressive feat has football, Lennard served as President of the forward to working with you on this issue. been accomplished. Texas Tech Student Athlete Advisory Com- Sincerely, This success would not have been possible mittee and the Big Twelve Student Athlete Ad- DAVE CAMP, if not for the coaching abilities of Jim visory Committee. In 2001, he graduated Member of Congress.

VerDate Jan 31 2003 04:45 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A29AP8.028 E29PT1 April 29, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E797 RECOGNITION OF CAPTAIN TRAVIS Charge Peter R. Benevento on his retirement for the milestone event of 1987 and some FORD after many years with the Internal Revenue could even say working hard to eliminate his Service. job. HON. TOM OSBORNE In October of 1975, Mr. Benevento began But, when it was time to turn over control of OF NEBRASKA his career with the Internal Revenue Service, the airports to a local authority, there was no IN THE HOUSE OF REPRESENTATIVES later transferring to the Criminal Investigation question about who should lead the new oper- Tuesday, April 29, 2003 division in 1977. Serving as a CI Special ation. Through Jim’s vision and expertise, both Agent, he worked in Manhattan from 1977 to Dulles and Reagan National airports have Mr. OSBORNE. Mr. Speaker, I rise to rec- 1985, and then out of Albany from 1986 to thrived. He has led the airports through the ognize the outstanding accomplishments of 1993. In July of 1993, Mr. Benevento became transition away from Federal operation, Captain Travis Ford, formerly of Ogallala, Ne- a manager in Stoneham, Massachusetts. through rapid growth, and now into the new braska. Captain Ford was one of the thou- As a manager of Group 7 in Boston, Mr. post-September 11 security framework. His sands of men and women who were called to Benevento worked on numerous narcotics success is the result of intimate knowledge of serve in Operation Iraqi Freedom. cases, coordinating closely with other agen- Captain Travis Ford was born in Saint Paul, the workings of modern airports and his total cies, and displaying unyielding dedication. For Nebraska, in 1973. At the age of two, Captain dedication to his craft. two years he served as the coordinator of the Ford’s family was told that he had developed Jim began his career with the Federal Avia- a heart murmur and only had one year to live. IRS Organized Crime and Drug Enforcement tion Administration soon after graduating from Captain Ford did not let that stop him. In Taskforce. Over the years Mr. Benevento has the Catholic University of America in 1959 with 1991, as an Ogallala High School graduate, been involved in a variety of important cases, a graduate degree in civil engineering. At the he received the Dutch Cup, and was named ranging from legal income tax cases to those FAA, he participated in the original planning the male athlete of the year. He was all-con- focusing on public corruption. In January of and development of Washington Dulles Inter- ference in football and named conference 2002, Mr. Benevento became Assistant Spe- national Airport. champion in wrestling. cial Agent in Charge of the Boston Field Of- Following the opening of Dulles in 1962, Jim After high school graduation, Captain Ford fice, which has jurisdiction over New England. held progressively responsible positions in all enlisted in the United States Marine Corps as This is the position from which he will now re- phases of engineering for the two federally an Engineer Equipment Operator. But he de- tire from service in the IRS. owned airports, eventually becoming the orga- cided he had more to offer his country. Cap- Through his dedication, hard work, and nization’s chief engineer. He served as chief tain Ford pursued and achieved a Bachelors record of accomplishment, Mr. Benevento has engineer until becoming the airports’ deputy Degree in Accounting and completed officer earned the admiration and respect of his co- director in 1975, and then its director 4 years training at the University of Nebraska at Lin- workers. It is a great pleasure to offer my sin- later, a position he held until the airports’ coln. Captain Ford also participated in extra- cere congratulations and appreciation for all of transfer in 1987, when he assumed his current curricular activities at the University by becom- his accomplishments. position. ing a member of the yell squad. It was during Mr. Speaker, I am certain that the entire As president and CEO of the Airports Au- a Nebraska football game that Captain Ford House of Representatives joins me in extend- thority, Jim has overseen passenger activity at proposed to his wife, Deon, with the help of ing best wishes to Mr. Benevento and his wife National and Dulles Airports nearly double to the other cheerleaders. Marion for a happy and healthy retirement. 31 million passengers in 2002. With this Captain Ford, like many Nebraskans, strived f growth, he has managed a massive capital to accomplish more and set higher goals, JAMES A. WILDING RETIRES AS development program at both airports totaling which took him around the country. In May of well over $3 billion. Under Jim’s leadership, 1997, Captain Ford was commissioned as a PRESIDENT AND CHIEF EXECU- Reagan National Airport was modernized in Second Lieutenant in the United States Marine TIVE OFFICER OF THE METRO- 1997 with a new terminal building including Corps. He attended Field Artillery Officer’s POLITAN WASHINGTON AIR- major improvements to airport traffic manage- Basic Course at Fort Sill, Oklahoma and was PORTS AUTHORITY ment and Metro system connections. At Dul- assigned to the 2nd Battalion, 11th Marines. les, he directed the expansion and construc- Captain Ford achieved his ultimate goal when HON. FRANK R. WOLF tion of new concourses and the building of the he was accepted in the Fleet Accession Pro- OF VIRGINIA airport’s first parking garages, and has under gram in Pensacola, Florida, to train as a heli- IN THE HOUSE OF REPRESENTATIVES way now a $3.2 billion capital improvement copter pilot. Captain Ford excelled and grad- Tuesday, April 29, 2003 project. In tandem with the airport’s growth, uated second in his class, and earned his Wings of Gold. Captain Ford eventually made Mr. WOLF. Mr. Speaker, I rise today to rec- the Smithsonian Institution will open its new his way to Camp Pendleton, California, where ognize James A. Wilding on the occasion of Air and Space Museum annex later this year he trained to fly the AH–1 Super Cobra heli- his retirement as president and chief executive located at Dulles Airport. copter. officer of the Metropolitan Washington Airports Dulles Airport has been called the fuel that Captain Ford’s passion to fly Super Cobra Authority (MWAA). Jim has been responsible drives the northern Virginia economy. It is no helicopters took him to Iraq, where he honor- for the management of two of our most impor- mystery why so many businesses occupy land ably served his country. Sadly, Captain Ford tant airports in the country—Washington Dul- along the Dulles Toll Road which, when Dulles did not see the outcome of his hard work and les International Airport and Ronald Reagan was built, was farmland. Dulles provides con- dedication because Captain Travis Ford was Washington National Airport. venient access for business as well as leisure killed in the line of duty on April 4, 2003, be- The very first bill I introduced when I came travelers to destinations all over the United fore the end of hostilities. to Congress sought to move control of Dulles States as well as the entire world. Captain Ford leaves behind his supportive Airport from the Federal Aviation Administra- Jim Wilding could very well also have the and loving wife, Deon, and two-year-old tion to the Commonwealth of Virginia. In 1987, title of ‘‘Mr. Washington Airports.’’ But his ca- daughter, Ashley; his mother, Josie Ford; that idea took a new and expanded form. After reer hasn’t just been highlighted with local ac- brothers Alex, Trevor, Mike, Todd and Matt; as several years of work with the administration, colades. His outstanding performance has well as his brothers’ families. Transportation Secretary Elizabeth Dole and earned him a national and international rep- I want to thank Captain Ford’s family for members of Congress on both sides of the utation as an aviation industry expert. their sacrifice to our country. They are in our aisle and both sides of the Capitol, President Jim has been such an integral part of Wash- thoughts and prayers. Reagan signed into law legislation getting the ington’s airports that it will be hard to imagine f Federal Government out of the airport busi- Dulles and Reagan National without him. On HONORING PETER R. BENEVENTO ness. The new law established the Metropoli- behalf of all members of Congress throughout tan Washington Airports Authority and placed the years who have used these airports, all both Dulles and the now-named Reagan Na- the citizens of northern Virginia and the entire HON. JAMES P. McGOVERN tional airports under local control. metropolitan Washington region, and the en- OF MASSACHUSETTS As a career Federal employee at the Fed- tire aviation community, I extend congratula- IN THE HOUSE OF REPRESENTATIVES eral Aviation Administration, Jim Wilding had tions and best wishes to James A. Wilding on Tuesday, April 29, 2003 been the general manager of the FAA’s Metro- the occasion of his retirement and express Mr. McGOVERN. Mr. Speaker, I rise today politan Washington Airports organization. He deepest gratitude for his exemplary career in in recognition of Assistant Special Agent In was on the ground floor laying the foundation public service.

VerDate Jan 31 2003 04:45 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A29AP8.032 E29PT1 E798 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2003 THE PROTECTION OF LAWFUL REMEMBERING THE ARMENIAN 12, 2003, editorial from the Lincoln Journal COMMERCE IN ARMS ACT GENOCIDE Star, entitled ‘‘Castro shows he is still a brutal tyrant.’’ As the editorial correctly notes, Cuban SPEECH OF dictator Fidel Castro’s recent crackdowns on HON. TOM UDALL HON. MICHAEL E. CAPUANO political dissent cannot be tolerated. CASTRO SHOWS HE IS STILL A BRUTAL TYRANT OF NEW MEXICO OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES Early this year, the College of Journalism IN THE HOUSE OF REPRESENTATIVES and Mass Communications at the University Wednesday, April 9, 2003 of Nebraska arranged a trip to Cuba for stu- Tuesday, April 29, 2003 Mr. CAPUANO. Mr. Speaker, I rise for the dents in its depth reporting class. fifth consecutive year to commemorate a peo- The students made an effort to talk to dis- Mr. UDALL of New Mexico. Mr. Speaker, I ple who despite genocide, hardship, and be- senters, pro-democracy activists and inde- rise today in opposition to H.R. 1036, the Pro- pendent journalists. trayal have persevered. April 24, 2003, marks Today, six of the people they met are in tection of Lawful Commerce in Arms Act. As the 88th anniversary of the Armenian Geno- prison, according to student Sarah Fox. In a former federal prosecutor and the Attorney cide. addition, two Cubans met by the UNL group General of New Mexico, I have seen first hand Throughout three decades in the late nine- have been identified as government spies, ac- that crimes committed with guns are among teenth and early twentieth centuries, millions cording to Professor Joe Starita, a leader of the most heinous, and should be prosecuted of Armenians were systematically uprooted the visit. from their homeland of three thousand years Since March 18, Cuban dictator Fidel Cas- as quickly and forcefully as possible. tro has jailed more than 75 Cubans, including and deported or massacred. From 1894 That is what concerns me most about H.R. many in the recent Varela Project, which through 1896, three hundred thousand Arme- collected more than 10,000 signatures last 1036. Unfortunately, regardless of the criminal nians were ruthlessly murdered. Again in year calling for a pro-democracy referendum. actions taken, it provides the gun industry with 1909, thirty thousand Armenians were mas- Castro’s latest round of suppression shat- unprecedented immunity against civil liability sacred in Cilicia, and their villages were de- ters hopes the 76-year-old autocrat will per- prosecutions arising from such actions. Fur- stroyed. mit meaningful progress toward democracy thermore, in many cases it exempts manufac- On April 24, 1915, two hundred Armenian near the end of his long stay in power. religious, political, and intellectual leaders The people jailed by Castro were guilty turers and dealers from product liability and only of exercising freedoms—criticism of the provides disincentives to the industry to en- were arbitrarily arrested, taken to Turkey and government, political activism, independent sure that their products are safe. This legisla- murdered. This incident marks a dark and sol- journalism—that Americans take for grant- emn period in the history of the Armenian peo- tion radically rewrites well-accepted principles ed. ple. From 1915 to 1923, the Ottoman Empire Raul Rivero, a poet and independent jour- of liability law by depriving gun violence vic- launched a systematic campaign to extermi- nalist, already has been sentenced to 20 tims of their legal rights in cases involving in- nate Armenians. In eight short years, more years in prison after pre-ordained legal pro- dustry misconduct and negligence. If this bill is than 1.5 million Armenians suffered through ceedings. Also facing long prison sentences enacted, citizen lawsuits will no longer provide atrocities such as deportation, forced slavery are economist Martha Beatriz Roque, labor the primary mechanism to hold the gun indus- activist Pedro Pablo Alvarez and editor Ri- and torture. Most were ultimately murdered. cardo Gonzalez. try accountable for its actions. I have had the privilege of joining my col- During the crackdown, government offi- The bill only holds the gun industry account- leagues in a letter to the President asking that cials hauled the dissidents from their homes he acknowledge the Genocide in his April 24th and confiscated tape recorders, fax ma- able for physical injuries or property damage commemoration statement. It is my hope that chines, computers and clippings from Amer- resulting directly from a defect in design or the President will stand by this pledge he ican newspapers. manufacture of the product ‘‘when used as in- made in 2000. It is my hope that this will be Amnesty International described the sen- tences as ‘‘a giant step backward for human tended.’’ Furthermore, it only provides a rem- one more step toward official recognition of edy for gun transactions that cause injury if rights.’’ The U.S. State Department de- the Armenian Genocide by the United States. scribed them as ‘‘the most despicable act of the dealer had knowledge prior to the trans- Many of our companions in the international political repression in the Americas in a dec- action that the firearm would be used to com- community have already taken this final step. ade.’’ The Human Rights Watch said Cuba is mit a violent crime or to traffic drugs. This bill The European Parliament and the United Na- ‘‘flouting fundamental human rights diminishes and limits a victim’s recourse tions have recognized and reaffirmed the Ar- norms.’’ against intentional and unintentional conduct. menian Genocide as historical fact, as have The level of repression in Cuba has fluc- the Russian and Greek parliaments, the Cana- tuated during the 43 years Castro has held Amazingly, this bill is retroactive. It would power. In recent years, however, Castro dian House of Commons, the Lebanese provide for the dismissal of all pending litiga- seemed more tolerant of dissent, and he Chamber of Deputies and the French National tion that falls outside of its limited exceptions. opened the doors of the island nation to Assembly. It is time for America to join the tourists and international visitors. A case that is familiar to us all demonstrates chorus and acknowledge the Armenians who Despite the welcome influx of foreign cur- the ramifications of this bill. The legal counsel suffered at the hands of the Ottoman Empire. rency, Castro eventually felt threatened by for the families of the recent sniper shootings And let me stress that I am not speaking of the opposition movement in Cuba. Adding to in the DC area alleges that a west coast arms the government of modern day Turkey, but Castro’s paranoia was encouragement given dealer ‘‘intentionally and willfully’’ chose to sell to Castro’s opponents by the American gov- rather its predecessor, which many of Turkey’s ernment. and distribute firearms in a grossly negligent present day leaders helped to remove from The top U.S. diplomat in Cuba, James manner, ignoring state and federal laws de- power. Cason, met with dissidents, offered them signed to keep guns out of the hands of dan- As I have in the past, as a member of the public support and allowed them to use U.S. gerous persons. Furthermore, the families Congressional Armenian Caucus, I will con- facilities in Cuba for their meetings. claim that if the dealer had acted responsibly tinue to work with my colleagues and with the If Castro had been willing to continue loos- Armenian-Americans in my District to promote ening the reins of power, Cuba could have en- in the sale of its guns, the sniper suspects joyed the economic benefits of increased would not have been able to obtain the as- investment and prosperity in Armenia. And, I tourism and trade. Instead, his crackdown sault rifle they used to carry out their shoot- sincerely, hope that this year, the U.S. will reaffirms that Castro is nothing more than a ings. Regardless of the veracity of these alle- have the opportunity and courage to speak in garden variety tyrant more interested in support of the millions of Armenians who suf- gations, this case would be dismissed under clinging to power than improving the lives of fered because of their heritage. his people. the provisions of H.R. 1036 unless the sniper suspects clearly indicated to the dealer that f f they intended to carry out their recent shooting CONTINUED REPRESSION IN CUBA A PROCLAMATION RECOGNIZING spree. I think that goes too far. AIMEE NAGLE The bottom line is this legislation is bad HON. DOUG BEREUTER public policy. This bill illuminates the majority’s OF NEBRASKA HON. ROBERT W. NEY willingness to erode an individual’s protections IN THE HOUSE OF REPRESENTATIVES OF OHIO IN THE HOUSE OF REPRESENTATIVES from corporate wrongdoing. I oppose passage Tuesday, April 29, 2003 of this bill and urge my colleagues to do so as Mr. BEREUTER. Mr. Speaker, this Member Tuesday, April 29, 2003 well. wishes to commend to his colleagues the April Mr. NEY. Mr. Speaker,

VerDate Jan 31 2003 04:45 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.036 E29PT1 April 29, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E799 Whereas, Aimee Nagle has devoted herself IN RECOGNITION OF YOM tinguished Cincinnati lawyer, public servant to serving others through her membership in HA’SHOAH—THE HOLOCAUST RE- and friend, who passed away on April 15, the Girl Scouts; and MEMBRANCE DAY 2003. Whereas, Aimee Nagle has shared her time George Eyrich was part of a family legacy of and talent with the community in which she re- HON. E. CLAY SHAW, JR. public service. He led the Hamilton County, sides; and OF FLORIDA Ohio Republican party for nine years with deft skill and gentle persuasion. His father, George Whereas, Aimee Nagle has demonstrated a IN THE HOUSE OF REPRESENTATIVES F. Eyrich, Jr., also served as Hamilton County commitment to meet challenges with enthu- Tuesday, April 29, 2003 Republican Chairman and as a Municipal siasm, confidence and outstanding service; Mr. SHAW. Mr. Speaker, I rise today in rec- Court judge. and ognition of Holocaust Remembrance Day. George C. Eyrich was a good listener, a Whereas, Aimee Nagle must be com- More than fifty years have elapsed since world experienced the horrors of the Holocaust. gentle man and a wise counselor. When mended for the hard work and dedication she someone remarked that he was ‘‘too nice to put forth in earning the Girl Scout Gold Award; Year-round, we actively battle against igno- rance and disbelief through educating and in- be a politician,’’ he responded that he just Therefore, I join with the Girl Scouts, the forming others about the causes, realities, and lived his words. George was the party chair- residents of West Lafayette and the entire legacies of the Holocaust. But there is one man when I was a college student on the staff 18th Congressional District in congratulating day during the year when we make a special of the campaign of my predecessor in Con- Aimee Nagle as she receives the Girl Scout effort to commemorate the Holocaust. Al- gress, Bill Gradison, and for the later cam- Gold Award. though no singular day stands out as rep- paigns of President George H.W. Bush. He resentative of the destruction and suffering loved politics, and was a good mentor. f that spanned the years of the Holocaust, we A lifelong resident of the Cincinnati suburb set aside the day of Yom Ha’Shoah, which of Westwood, he graduated from Western Hills CONGRATULATING MICHAEL B. corresponds to the 27th of Nisan on the He- High School, Ohio Wesleyan University; the KITCHEN brew calendar, to memorialize the tragedy and Harvard College of Business; and the Univer- pay tribute to all who suffered. sity of Cincinnati College of Law. George Today, we remember those who endured, served our nation as a Second Lieutenant in HON. TAMMY BALDWIN those who fought, and those who died during the United States Navy stationed in the Pacific OF WISCONSIN World War II. We recognize not only the loss during World War II. He practiced law in Cin- IN THE HOUSE OF REPRESENTATIVES of more than six million Jewish lives, but also cinnati as a partner in Wesselman & Eyrich. the loss of human potential. Entire families George served as treasurer of the Ohio Tuesday, April 29, 2003 were decimated during the terror that marked State Central Committee; chairman of the this dark time in history. We call to mind the Ms. BALDWIN. Mr. Speaker, I rise today to Hamilton County Republican Central Commit- descendants of victims of the Holocaust who extend congratulations to Michael B. Kitchen, tee’s Policy Committee; and chairman of the never had the opportunity to make their con- Hamilton County Board of Elections. He was an outstanding business and community lead- tributions to mankind. And we recall the he- er. On May 17, 2003, the National Ethnic Coa- also very involved in civic affairs. He served roes who risked and surrendered their lives in as chairman of the Board of Trustees of St. lition of Organizations will bestow upon Mr. the greatest fight for freedom and democracy Kitchen the Ellis Island Medal of Honor in New Francis-St. George Hospital, and a member of the modern world has ever known. the board of directors for the Public Library of York City. The Ellis Island Award honors an Our greatest tribute to those millions who immigrant who exemplifies outstanding quali- Cincinnati and Hamilton County, the University suffered at the hands of the Nazis will be to of Cincinnati, and the Cincinnati Central ties in both their personal and professional life. ensure that their memory will forever endure in YMCA. Michael Kitchen, a Canadian and United our hearts. It is through our reflections on Hol- Devoted to his wonderful family, George is States citizen, has shown through his signifi- ocaust Remembrance Day that we acknowl- cant contributions to the greater Madison area edge our loss, and it is through our actions survived by his wife of 60 years, Gertrude that he is richly deserving of this prestigious that we educate future generations and build (‘‘Trudy’’); a son, David; two daughters, Carole award. a new world for them. The fires of hatred, and Janet; five grandchildren; and two great grandchildren. Michael Kitchen has achieved a high level which blazed so brightly in Europe from 1939 All of us in Cincinnati are grateful for of professional success. After three years as through 1945, have not yet burned out. They George’s leadership and public service and head of the CUMIS Group of Canada, Mr. continue to smolder in the hearts of terrorists we feel blessed for having known him. Kitchen was appointed President and CEO of worldwide. Today we join in a solemn bond its subsidiary, CUNA Mutual Group, in 1995. with the victims of the Holocaust to extinguish Since Michael Kitchen took over, the organiza- the fires of hatred and to ensure that the world f tion has achieved dramatic growth in revenue, will never suffer such a horrific tragedy again. IN RECOGNITION OF WILLIAM With contemporary illustrations of antag- significant improvement in productivity, and a KAISER near doubling of financial strength. Mr. Kitch- onism fresh in our minds, we marvel at the en’s work in this particular field has furthered strength and character of the Jewish people. economic growth not only in the Madison com- Their steadfast determination to rebuild their HON. STEVE ISRAEL munity, but worldwide. lives following the Holocaust has given the OF NEW YORK world a remarkable model of resolve. Through IN THE HOUSE OF REPRESENTATIVES Michael Kitchen is firmly committed to fur- their example, we can glimpse the extraor- thering the insurance and financial service in- dinary human spirit that rises above the fruit- Tuesday, April 29, 2003 dustry. For more then thirty years he has lessness of anger and resentment. With this Mr. ISRAEL. Mr. Speaker, I rise today in worked tirelessly to foster the credit union special day and with our deeds we honor that recognition of William A. Kaiser, an out- movement. He serves on both the Board of spirit. Mr. Speaker, we observe Holocaust Re- standing volunteer firefighter from Halesite, Directors for the American Insurance Associa- membrance Day to always remember and New York. tion and the U.S. Chamber of Commerce. never forget. I am proud to recognize Yom After serving in the United States Coast In addition, Michael Kitchen has a long Ha’Shoa and urge all Americans to do the Guard, Mr. Kaiser joined the Halesite Fire De- record of service to the community. He is on same. partment 50 years ago. He rose to the rank of the board of directors for the United Way of f Chief of Department, following in the footsteps Dane County and the Greater Madison Cham- TRIBUTE TO GEORGE C. EYRICH of his father. He is still an active member of ber of Commerce. Both of these commitments the Department today. Chief Kaiser is the epit- show his strong sense of civic duty as he gen- ome of what a volunteer fireman exemplifies: erously gives of his time and talent. HON. ROB PORTMAN dedicated, caring, selfless, honest and trust- OF OHIO Today, I join the extensive circle of Michael worthy. IN THE HOUSE OF REPRESENTATIVES Kitchen’s friends and colleagues in offering my I commend Chief Kaiser for his dedicated sincere congratulations for receiving this Tuesday, April 29, 2003 service to firefighting on Long lsland, and con- honor. Michael Kitchen is one of Wisconsin’s Mr. PORTMAN. Mr. Speaker, I rise today to gratulate him on 50 years with the Halesite best and we are proud to recognize him today. honor the memory of George C. Eyrich, a dis- Fire Department.

VerDate Jan 31 2003 04:45 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A29AP8.039 E29PT1 E800 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2003 TRIBUTE TO THEODORE MANSOUR public servants will try to emulate for years to miss her leadership, but Joann’s friends and come. family look forward to spending more time with HON. DALE E. KILDEE f her. Today, I join Joann Orfan’s friends, fam- OF MICHIGAN ily, and colleagues in sincerely thanking her A PROCLAMATION RECOGNIZING IN THE HOUSE OF REPRESENTATIVES for her service to Sun Prairie and its residents. JESSICA TURNER Tuesday, April 29, 2003 f Mr. KILDEE. Mr. Speaker, I ask the House HON. ROBERT W. NEY IN RECOGNITION OF CONGRES- of Representatives to join me in honoring a OF OHIO SIONAL AWARD GOLD MEDAL WINNERS great educator, Theodore Mansour, as he re- IN THE HOUSE OF REPRESENTATIVES tires from his position as Director of State and Federal Relations for the Genesee Inter- Tuesday, April 29, 2003 HON. E. CLAY SHAW, JR. mediate School District. Mr. NEY. Mr. Speaker, OF FLORIDA Ted, as his friends know him, joined the Whereas, Jessica Turner has devoted her- IN THE HOUSE OF REPRESENTATIVES United States Army in 1944 after he graduated self to serving others through her membership from St. Matthew High School that year. He in the Girl Scouts; and Tuesday, April 29, 2003 served in the field artillery during his time in Whereas, Jessica Turner has shared her Mr. SHAW. Mr. Speaker, I rise today in rec- the Armed Forces. Resuming his education at time and talent with the community in which ognition of the members of Florida’s 22nd the University of Notre Dame after his dis- she resides; and Congressional District who have been se- charge from the military, Ted earned a degree Whereas, Jessica Turner has demonstrated lected as recipients of The Congressional in Business Administration majoring in Ac- a commitment to meet challenges with enthu- Award Gold Medal. At this time, there are counting. He put his business skills to work siasm, confidence and outstanding service; nearly 13,000 young Americans participating and served as the president of Mansour’s Su- and in The Congressional Award program. Of permarkets for 15 years. He went on to be a Whereas, Jessica Turner must be com- these participants, Congress has presented its partner in Lisa’s Red Carpet Travel Agency, mended for the hard work and dedication she highest award attributed to young people, The president of Mansour’s Budget Market and is put forth in earning the Girl Scout Gold Award; Congressional Award Gold Medal, to 150 out- the current owner of the Jolly Olive Deli and Therefore, I join with the Girl Scouts, the standing individuals. I would like to recognize Bar. residents of Granville and the entire 18th Con- six students living in Florida’s 22nd District Paralleling his years of business experience, gressional District in congratulating Jessica who have been honored with this award, as Ted also served in the public sector. During Turner as she receives the Girl Scout Gold well as, two other Congressional Gold Medal the time he was the supervisor of Flint Town- Award. recipients from 2001. ship, the landscape of that community was f Christopher Balogh, from Jupiter, Florida changed forever with the building of Genesee earned the Bronze Medal on July 6, 2001, the Valley Mall, the development of sewer and TRIBUTE TO JOANN ORFAN Silver Medal on July 16, 2002, and the Gold water systems and the construction of Carman Medal on March 24, 2003. High School. In addition to being a supervisor, HON. TAMMY BALDWIN Peter Brannen, from Palm Beach, Florida, Ted held the posts of Genesee County Super- OF WISCONSIN earned the Bronze Medal on May 7, 2000, the visor and County Commissioner, a Michigan IN THE HOUSE OF REPRESENTATIVES Silver Medal on April 18, 2001, and the Gold State Legislator for the 83rd District, a Flint Tuesday, April 29, 2003 Medal on November 19, 2002. Township Trustee, a member of the Michigan Elizabeth Counts, from Jupiter, Florida, State Tax Commission and the Flint Township Ms. BALDWIN. Mr. Speaker, I rise today to earned the Bronze Medal on April 6, 2000, the Planning Commission. Always committed to recognize Joann Orfan, who has been a tire- Silver Medal on April 18, 2001, and the Gold improving the quality of life in the Flint area, less civil servant in the great city of Sun Prai- Medal on March 24, 2003. Ted has actively participated in the Genesys rie for over twenty years. This spring, much to Chelsea Ewer, from Palm Beach, Florida, Health Systems Board, the Genesee Memorial the regret of the Sun Prairie residents, Mrs. earned the Bronze Medal on May 18, 2001, Hospital Board, the Flint Heights Senior Citi- Orfan will be retiring from her post as Mayor. the Silver Medal on April 11, 2002, and the zens Housing Board, the Genesee County The indelible mark that Joann Orfan has left Gold Medal on March 24, 2003. Food Service Advisory Board, the Boy Scouts on the city will be long felt after her tenure as Matthew Mills, from Jupiter, Florida, earned of America, Tall Pines Council Executive Mayor is over. the Bronze Medal on July 18, 2000, the Silver Board, and the American Arab Heritage Coun- Joann has described herself as a farm girl Medal on July 5, 2001, and his paperwork is cil. In 1972 he was named Director of Govern- from Nebraska who sought to find a city with currently in review for the Gold Medal. ment Relations for Genesee Intermediate small town values to settle down in and raise Chad Vezin, from Jupiter, Florida, earned School District. her family. While Sun Prairie is the third larg- the Bronze Medal on April 6, 2000, the Silver As the father of 6 children, Ted knows first- est city in the Second District of Wisconsin, it Medal on April 17, 2001, and the Bronze hand the hopes and dreams of parents for has been able to retain a friendly, small town Medal on January 29, 2003. their children. This understanding of the vital appeal. Through her hard work over the last Mr. Speaker, I congratulate these students need for quality education fueled Ted’s fight twenty years Sun Prairie continues to be a on this honor and wish them the best of luck for the right of every student to be able to great place to raise a family. in their bright futures. learn in a safe, clean, modern environment. Joann Orfan has served the city in many ca- f He worked with the Michigan State Legislature pacities. She began serving as Mayor in May in 1978 to get the school zone speed limit law of 1990 after being a member of the Sun Prai- HONORING WILLIAM T. ‘‘BILL’’ passed. He vigorously lobbied in Lansing and rie City Council for sixteen years. While serv- ROBINSON III AS HE RECEIVES Washington to obtain funding for the schools ing on the City Council, she was a leader on THE CINCINNATI BAR ASSOCIA- in the Genesee Intermediate School District. the Planning and Zoning Committee. Joann TION’S THEMIS AWARD Time and time again he has fought on behalf was a charter member of the Prairie Industrial of individual school districts for disputed Corporation, a member of the Chamber of HON. ROB PORTMAN money. Ted is effective at communicating to Commerce, and has on the Colonial Club OF OHIO legislators the needs of educators in their Long Range Planning Committee. Each deci- IN THE HOUSE OF REPRESENTATIVES struggle to provide an up to date education to sion she made in these various positions has their students. He has earned the respect of shaped Sun Prairie into a town that all resi- Tuesday, April 29, 2003 educators, administrators, and legislators. I dents can be proud of. Mr. PORTMAN. Mr. Speaker, I rise to honor have trusted his advice and welcomed his Since October of 2002, Joann Orfan has a friend and constituent, William T. ‘‘Bill’’ Rob- input for many years. been confined to a wheelchair as a result of inson III, who will receive the Cincinnati Bar Mr. Speaker, I ask the House of Represent- neuropathy in both her legs. With the same Association’s (CBA) prestigious Themis Award atives to rise with me and honor the service of spirit, strength and courage that the people of on May 2, 2003. Theodore Mansour to the people and children Sun Prairie have seen so many times she has The Themis Award, given only three times of Genesee County. His ethics, commitment taken on this new challenge. As Joann Orfan before in the history of the Cincinnati Bar As- and effectiveness have set an example that retires as Mayor, the people of Sun Prairie will sociation, is presented to an individual who

VerDate Jan 31 2003 04:54 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.044 E29PT1 April 29, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E801 provides extraordinary service to the Bar As- THE TERROR MASTERS between Iraq and the Arab world. An eye- sociation, the legal profession and the general opening expose, by Sebastian Rotella in this community. week’s Los Angeles Times, shows in incred- HON. STEVE ISRAEL ible detail how Syria served as a hub for al Bill Robinson has been a dedicated member OF NEW YORK Qaeda terrorists shuttling between Iraq, of the CBA for more than thirty years. He IN THE HOUSE OF REPRESENTATIVES Syria and Europe. U.S. officials believe that served as President of the Kentucky Bar As- Tuesday, April 29, 2003 at least one of the primary 9/11 plotters spent extensive time in Syria and that Syr- sociation; founding Chair of the Kentucky Mr. ISRAEL. Mr. Speaker, I rise today to ian front-companies in Europe worked inti- IOLTA Fund; President of the Kentucky Bar share with my colleagues this provocative mately with al Qaeda. Foundation; and Co-Founder and President of piece by Steven Emerson from the Wall Street According to U.S. intelligence, conspira- the Salmon P. Chase College of Law Amer- Journal on Friday, April 18, 2003. tors in the 1996 bombing of the Khobar Tow- ican Inn of Court. THE TERROR MASTERS ers in Saudi Arabia that killed 19 American (By Steven Emerson) servicemen met repeatedly in Syria to plan At the national level, Bill’s service is unpar- the terrorist operation—meetings that could Eighteen years after the execution of alleled. He is currently Chair of the Finance not have taken place without the knowledge American Leon Klinghoffer on the Italian Committee and Member of the Executive of the Syrian regime. Syria’s role in attack- cruise liner Achille Lauro, the U.S. has dem- ing Americans goes way back. In 1983, Committee of the Board of Governors of the onstrated by the capture of Abu Abbas that Syria—together with Iran and the American Bar Association (ABA). He has also it will not wipe the slate clean on inter- Hezbollah—coordinated the bombing of the national terrorism. For years, however, dip- served as State Delegate to the ABA Nomi- Marine barracks in Beirut, killing 241 Ma- lomatic niceties and misplaced State Depart- nating Committee; President of the National rines. ment priorities subverted this principle, ena- Caucus of State Bar Associations; Member of The capture of Palestinian terrorist leader bling purveyors of terrorism to literally get Abu Abbas has provoked demands from the the Executive Committee of the National Con- away with murder. The war of liberation in Palestine Authority that he be immediately ference of Bar Presidents; and Chairman of Iraq now provides the U.S. with an oppor- released and claiming that the slate had the ABA’s Standing Committee on Bar Activi- tunity to ensure that those Arab leaders and been wiped clean by the Oslo Accords. Under regimes who have carried out or threatened ties and Services and the ABA’s Standing the PA’s reasoning, compliance with treaties attacks against this country and its citizens Committee on Substance Abuse. He is an in- need only be one-way since both Abbas and vited Fellow of the International Society of are subject to American justice. Because of its conspicuously brazen sup- the PA brazenly violated the terms of Oslo Barristers; a Fellow of the American Academy port for Saddam Hussein in transferring by continuing to carry out terrorist attacks. of Appellate Lawyers; and a Sustaining Mem- military supplies to Baghdad and providing Since October 2000, Abbas’s group, the Pal- ber of the American Bar Foundation. sanctuary to Iraqi Baathists, and in encour- estine Liberation Front, has transferred mil- aging Arab fighters to go to Iraq to kill lions of dollars to the families of Palestinian Bill has been critically involved in our re- Americans, Syria’s role in supporting ter- suicide bombers. Abbas has dispatched ter- gion’s growth and economic development. rorism and threatening American interests rorists trained in his Iraq-based training Currently, he serves as Vice Chair of the has finally come into focus. That it took ac- camps to the West Bank to carry out major Board of Directors of the Cincinnati/Northern tual complicity in the killing of American attacks on Ben Gurion airport, poison soldiers in Iraq for us to finally confront Da- Israel’s water supply and attack schools and Kentucky International Airport and Chair of its other civilian targets. Finance Committee. He co-founded the Metro- mascus is a measure of how successful Syria was in deceiving the world, with the conniv- The Palestinian Authority’s defense of politan Growth Alliance of Greater Cincinnati, ance of even the U.S. All one has to do is Abbas is not just symbolic; it’s self-pro- and serves as Vice Chair for Economic Devel- read the State Department’s annual reports tecting. If Abbas goes down, so could Yasser opment for the Greater Cincinnati Chamber of on international terrorism which have stated Arafat. If Abbas is prosecuted for Achille Commerce, Chair of the Partnership for Great- with mantra-like repetition, that Syria has Lauro, or for the funding given to the fami- er Cincinnati, and a Founding Board Member not been involved in ‘‘international ter- lies of suicide bombers (some of whose vic- tims included Americans in Israel), Arafat’s and Secretary/Treasurer of the Tri-County rorism’’ since 1986. Given the fact that the Israeli borders with complicity in these terrorist plots would al- Economic Development Commission. Syria and Lebanon are international borders, most certainly be exposed. And if a true ac- Bill’s community involvement also includes I have always failed to see how the State De- counting were to be made, the role of the service as Board Member, Treasurer, Co- partment could portray Damascus in this Tanzim and the al Aqsa Brigades—terrorist groups directly sponsored by Arafat—would Chair and Board Member Emeritus of the Na- light given its direct support, training, sup- plies and sanctuary extended to Hamas, Is- show that roles in the killing of hundreds of tional Conference of Community and Justice; lamic Jihad and Hezbollah, to name just a Israelis and at least 15 Americans in the past Advisory Trustee of the National Underground few of the groups that serve as de facto mem- 30 months. As for the mass murder carried Railroad Freedom Center; and board member- bers of the Syrian foreign service. Since 1988, out by Hamas and Islamic Jihad, the PA ships for the Cincinnati Institute of Fine Arts; more than 1200 Israelis and some 30 Ameri- today continues to protect the killers and the Cincinnati Symphony Orchestra; the Dan cans have been killed in Israel, the West masterminds. The duplicitous role of Saudi Arabia in ex- Beard Council of the Boy Scouts; and Mount Bank and Gaza by groups headquartered in, or sponsored by, Damascus. Recently, the tending support to al Qaeda, Hamas and St. Joseph College. U.S. indicted the head of Islamic Jihad, other terrorist groups also needs to be fully His previous awards are impressive: the Ramaddan Abdullah Shallah, on charges in- exposed. In the buildup to the war, Saudi Cincinnati Jewish Committee’s Judge Learned cluding murder. Shallah continues to receive Arabia demonstrated where it really stood on al Qaeda by releasing Sheikh Saeed bin Hand Human Relations Award; the Greater sanctuary in Damascus, where he routinely issues threats against the U.S. Zuair, a military Islamic cleric whose re- Cincinnati Foundation’s Jacob E. Davis Volun- After Sept. 11, Syria pretended to be help- lease had been demanded by Osama bin teer Leadership Award; and the Governor’s ing the U.S. in the war on al Qaeda, as evi- Laden in a tape distributed last year. (The Economic Development Award for Kentucky. denced by Damascus’ arrest of a senior sus- other person whose release was demanded by pected al Qaeda operative. The State Depart- bin Laden was Sheik Omar Abdul Rahman, Bill is Member-In-Charge of the Greater Cin- ment even issued a statement lauding Syr- convicted for his role in the WTC related cinnati offices of Greenebaum Doll & McDon- ia’s role in the fight against al Qaeda. But conspiracies in 1993.) ald PLLC. He and his wife, Joan, have two the reality was different. Testimonies, court In unprecedented ways, the war of libera- sons and one granddaughter. records and wiretaps introduced in Italian tion of Iraq has provided a unique oppor- trials of Al Qaeda and other militant Islamic tunity to see exactly where Arab nations and All of us in Cincinnati thank Bill for his ex- leaders show that Syria has been working Islamic leaders have stood on the issue of tensive service to our area, and congratulate hand-in-hand with Islamic extremists in Eu- international terrorism. If anything, the war him on receiving the CBA’s prestigious Themis rope for years, providing transit, sanctuary has enabled Americans to see an unvarnished Award. and training for al Qaeda terrorists traveling reality of true attitudes toward the U.S.

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HIGHLIGHTS Senate confirmed the nomination of Jeffrey S. Sutton, of Ohio, to be United States Circuit Judge for the Sixth Circuit. Senate technology program, at 11 a.m., on Wednesday, Chamber Action April 30, 2003, with a vote to occur thereon. Routine Proceedings, pages S5439–S5499 Page S5499 Measures Introduced: Nineteen bills and five reso- Nominations Confirmed: Senate confirmed the fol- lutions were introduced, as follows: S. 931–949, S. lowing nominations: Res. 122–125, and S. Con. Res. 39. Pages S5483–84 By 52 yeas 41 nays (Vote No. EX. 135), Jeffrey Measures Reported: Report to accompany S. 113, S. Sutton, of Ohio, to be United States Circuit Judge to exclude United States persons from the definition for the Sixth Circuit. Pages S5440–58, S5499 of ‘‘foreign power’’ under the Foreign Intelligence Messages From the House: Page S5481 Surveillance Act of 1978 relating to international Executive Communications: Pages S5481–82 terrorism. (S. Rept. No. 108–40) Page S5482 Executive Reports of Committees: Pages S5482–83 Measures Passed: Additional Cosponsors: Pages S5484–86 Supporting St. Tammany Day: Senate agreed to Statements on Introduced Bills/Resolutions: S. Con. Res. 39, supporting the goals and ideals of Pages S5486–97 St. Tammany Day on May 1, 2003, as a national day of recognition for Tamanend and the values he rep- Additional Statements: Pages S5476–81 resented. Page S5497 Notices of Hearings/Meetings: Page S5497 National Charter Schools Week: Senate agreed to Authority for Committees to Meet: Page S5497 S. Res. 125, designating April 28, 2003, through Record Votes: One record vote was taken today. May 2, 2003, as ‘‘National Charter Schools Week.’’ (Total—135) Pages S5457–58 Pages S5498–99 Adjournment: Senate met at 10 a.m., and ad- Nomination Considered: Senate resumed consider- journed at 7:12 p.m., until 10 a.m., on Wednesday, ation of the nomination of Priscilla Richman Owen, April 30, 2003. (For Senate’s program, see the re- of Texas, to be United States Circuit Judge for the marks of the Acting Majority Leader in today’s Fifth Circuit. Pages S5458–72 Record on page S5499.) A motion was entered to close further debate on the nomination and, in accordance with the provi- sions of Rule XXII of the Standing Rules of the Committee Meetings Senate, a vote on the cloture motion will occur on (Committees not listed did not meet) Thursday, May 1, 2003. Pages S5471–72 A unanimous-consent agreement was reached pro- OVERSEAS BASING REQUIREMENTS viding for further consideration of the nomination on Wednesday, April 30, 2003. Page S5499 Committee on Appropriations: Subcommittee on Mili- tary Construction concluded hearings to examine Digital and Wireless Network Technology Pro- overseas basing requirements, after receiving testi- gram Act—Agreement: A unanimous-consent mony from Gen. James L. Jones, Commander, agreement was reached providing for consideration of United States European Command; and Gen. Leon J. S. 196, to establish a digital and wireless network LaPorte, Commander, United Nations Command, D416

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Republic of Korea-United States Combined Forces but did not complete action thereon, and will meet Command, and United States Forces Korea. again on Wednesday, April 30. AMTRAK NATO ENLARGEMENT Committee on Commerce, Science, and Transportation: Committee on Foreign Relations: Committee concluded Committee concluded hearings to examine the future hearings to examine the developing situations in the of intercity passenger rail service and Amtrak, focus- Middle East and on the Korean Peninsula, and a res- ing on the company’s fiscal year 2004 budget re- olution of ratification to the Accession Protocols that quest, a rail system based on restructured federal/ will expand the NATO Alliance to include Bulgaria, state/private roles and corridor services, partnerships Estonia, Latvia, Lithuania, Romania, Slovakia, and among states and the federal government, securing Slovenia, after receiving testimony from Colin L. federal funding sources, redesigning long-distance Powell, Secretary of State. trains to complement corridor services and minimize operating losses, long term debt, and operating and SARS capital needs, after receiving testimony from Michael P. Jackson, Deputy Secretary, and Kenneth M. Committee on Health, Education, Labor, and Pensions: Mead, Inspector General, both of the Department of Committee concluded hearings to examine the status Transportation; David L. Gunn, President and Chief of the Severe Acute Respiratory Syndrome threat, Executive Officer, Amtrak; David D. King, North after receiving testimony from Julie L. Gerberding, Carolina Department of Transportation, Raleigh, on Director, Centers for Disease Control and Prevention, behalf of States for Passenger Rail Coalition; John H. Department of Health and Human Services; and Winner, Harral, Winner, Thompson, Sharp, Law- James G. Young, Ontario Ministry of Public Safety rence, Inc., Potomac, Maryland; Hank Dittmar, and Security, Canada. Great American Station Foundation, Las Vegas, New ASSISTED LIVING REPORT Mexico, on behalf of Reconnecting America; Alan Landes, Herzog Transit Services, St. Joseph, Mis- Special Committee on Aging: Committee concluded souri; and Michael P. Pracht, Railway Supply Insti- hearings to examine the Assisted Living Work- tute, Alexandria, Virginia. group’s report entitled ‘‘Assuring Quality in Assisted Living: Guidelines for Federal and State Policy, State BUSINESS MEETING: COMPREHENSIVE Regulation, and Operations,’’ after receiving testi- ENERGY LEGISLATION mony from Stephen McConnell, Alzheimer’s Associa- Committee on Energy and Natural Resources: Committee tion, Washington, D.C.; Dan B. Madsen, Leisure met to consider comprehensive energy legislation, fo- Care, Inc., Bellevue, Washington, on behalf of the cusing on provisions relating to Indian energy policy American Seniors Housing Association; and Robert and programs, research and development, and trans- L. Mollica, National Academy for State Health Pol- portation fuels, including alternative fuel programs, icy, Portland, Maine. h House of Representatives H.R. 1350, to reauthorize the Individuals with Chamber Action Disabilities Education Act, amended (Rept. 108–77); Measures Introduced: 37 public bills, H.R. H.R. 1346, to amend the Office of Federal Pro- 1835–1871; 1 private bill, H.R. 1872; and 6 resolu- curement Policy Act to provide an additional func- tions, H. Con. Res. 156–157, and H. Res. 204–207, tion of the Administrator for Federal Procurement were introduced. Pages H3450–52 Policy relating to encouraging Federal procurement Additional Cosponsors: Pages H3452–54 policies that enhance energy efficiency, amended (H. Rept. 108–78 Pt. 1); and Reports Filed: Reports were filed today as follows: H. Res. 206, providing for consideration of H.R. H.R. 810, to amend title XVIII of the Social Se- 1350, to reauthorize the Individuals with Disabil- curity Act to provide regulatory relief and con- ities Education Act (H. Rept. 108–79). Page H3450 tracting flexibility under the Medicare Program, amended (H. Rept. 108–74, Pt. 2);

VerDate Jan 31 2003 04:34 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D29AP3.REC D29AP3 D418 CONGRESSIONAL RECORD — DAILY DIGEST April 29, 2003 Speaker Pro Tempore: Read a letter from the to by yea-and-nay vote of 411 yeas with none voting Speaker wherein he appointed Representative Biggert ‘‘nay’’, Roll No. 148). Agreed to amend the title so to act as Speaker pro tempore for today. Page H3409 as to read: ‘‘Concurrent Resolution expressing sup- Guest Chaplain: The prayer was offered by the port for the celebration of Patriots’ Day and hon- guest Chaplain, Rev. Edward J. Burns, Executive Di- oring the Nation’s first patriots.’’; rector, Secretariat for Vocations and Priestly Forma- Pages H3422–25, H3434 tion, United States Conference of Catholic Bishops. Centennial Anniversary of the National Wild- Page H3409 life Refuge System: H. Res. 173, recognizing the Capitol Preservation Commission: Read a letter achievements and contributions of the National from Representative Ehlers wherein he appointed Wildlife Refuge System on the occasion of its cen- Representative Mica to be his designee on the Cap- tennial anniversary and expressing strong support for itol Preservation Commission. Page H3411 the continued success of the National Wildlife Ref- Suspensions: The House agreed to suspend the rules uge System; Pages H3425–28 and pass the following measures: Gila River Indian Community Judgment Fund Recognizing Operation Respect and the ‘‘Don’t Distribution: S. 162, to provide for the use and dis- Laugh At Me’’ Programs: H. Res. 161, amended, tribution of certain funds awarded to the Gila River recognizing the achievements of Operation Respect, Pima-Maricopa Indian Community—clearing the the ‘‘Don’t Laugh At Me’’ programs, and Peter measure for the President; and Pages H3428–31 Yarrow. Agreed to amend the title so as to read: Blackwater National Wildlife Refuge Expan- ‘‘Resolution recognizing the achievements of Oper- sion: H.R. 274, to authorize the Secretary of the In- ation Respect and the ‘Don’t Laugh At Me’ pro- terior to acquire the property in Cecil County, Mary- grams.’’; Pages H3411–15 land, known as Garrett Island for inclusion in the Commending Students in Free Enterprise Blackwater National Wildlife Refuge. Pages H3431–32 (SIFE): H. Res. 107, amended, commending and Recess: The House recessed at 4:28 p.m. and recon- supporting the efforts of Students in Free Enterprise vened at 6:34 p.m. Page H3432 (SIFE), the world’s preeminent collegiate free enter- Committee Election: The House agreed to H. Res. prise organization, and its president, Alvin Rohrs. 205, electing Representative Putnam to the Com- Agreed to amend the title so as to read: ‘‘Resolution mittee on Resources. Page H3435 commending and supporting the efforts of Students in Free Enterprise (SIFE), the world’s preeminent United States—China Security Review Commis- collegiate free enterprise organization.’’; sion: Read a letter from the Minority Leader where- Pages H3415–17 in she announced her reappointment of Mr. George Ongoing Contributions of Charter Schools: H. Becker of Pennsylvania, for a term to expire on De- Res. 204, congratulating charter schools across the cember 31, 2005 and Mr. Michael Wessel of Vir- United States, and the students, parents, teachers, ginia for a term to expire on December 31, 2004. and administrators of such schools, for their ongoing Page H3435 contributions to education (agreed to by yea-and-nay Quorum Calls—Votes: Three yea-and-nay votes de- vote of 403 yeas with none voting ‘‘nay’’ and 5 vot- veloped during the proceedings of the House today ing present, Roll No. 146); Pages H3417–20, H3432–33 and appear on pages H3432–33, H3433–34, 175th Anniversary of the Capitol Police: H. Con. H3434. There were no quorum calls. Res. 156, extending congratulations to the United Adjournment: The House met at 2 p.m. and ad- States Capitol Police on the occasion of its 175th an- journed at 9:20 p.m. niversary and expressing gratitude to the men and women of the United States Capitol Police and their families for their devotion to duty and service in Committee Meetings safeguarding the freedoms of the American people (agreed to by yea-and-nay vote of 409 yeas with MISSING, EXPLOITED AND RUNAWAY none voting ‘‘nay’’, Roll No. 147 ); YOUTH Pages H3420–22, H3433–34 Committee on Education and the Workforce: Sub- Support for Patriots’ Day and Honoring the Na- committee on Select Education held a hearing enti- tion’s First Patriots: H. Con. Res 149, expressing tled ‘‘Missing, Exploited and Runaway Youth: support for the celebration of Patriots’ Day on April Strengthening the System.’’ Testimony was heard 19th and honoring the Nation’s first patriots (agreed from public witnesses.

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STRENGTHENING AND REJUVENATING troller, Office of Federal Financial Management, OUR NATION’S COMMUNITIES AND THE OMB; Ed Sontag, Assistant Secretary, Administra- HOPE VI PROGRAM tion and Management, Department of Health and Committee on Financial Services: Subcommittee on Human Services; Paul Posner, Managing Director, Housing and Community Opportunity held a hear- Federal Budget and Intergovernmental Relations, ing entitled ‘‘Strengthening and Rejuvenating our GAO; and public witnesses. Nation’s Communities and the HOPE VI Program.’’ Testimony was heard from Michael Liu, Assistant NATO AND ENLARGEMENT Secretary, Public and Indian Housing, Department Committee on International Relations: Subcommittee on of Housing and Urban Development; and public Europe held a hearing on NATO and Enlargement: witnesses. Progress Since Prague. Testimony was heard from PROPOSED NATIONAL SECURITY Robert A. Bradtke, Deputy Assistant Secretary, Bu- PERSONNEL SYSTEM reau of European and Eurasian Affairs, Department Committee on Government Reform: Subcommittee on of State; and Ian J. Brzezinski, Deputy Assistant Sec- Civil Service and Agency Organization held a hear- retary, European and NATO Policy, Department of ing on ‘‘Transforming the Defense Department: Ex- Defense. ploring the Merits of the Proposed National Security Personnel System.’’ Testimony was heard from David MISCELLANEOUS MEASURES S.C. Chu, Under Secretary, Personnel and Readiness, Committee on the Judiciary: Subcommittee on Crime Department of Defense; Dan G. Blair, Deputy Direc- held a hearing on the following bills: H.R. 21, Un- tor, OPM; David M. Walker, Comptroller General, lawful Internet Gambling Funding Prohibition Act; GAO; and public witnesses. and H.R. 1223, Internet Gambling Licensing and WHY IS SBA LOSING GROUND ON Regulation Commission Act. Testimony was heard FINANCIAL MANAGEMENT? from Representative Leach; John G. Malcolm, Dep- Committee on Government Reform: Subcommittee on uty Assistant Attorney General, Criminal Division, Government Efficiency and Financial Management Department of Justice; and public witnesses. held a hearing on ‘‘Why is SBA Losing Ground on Financial Management?’’ Testimony was heard from PRISON RAPE REDUCTION ACT Linda Calbom, Director, Financial Management and Committee on the Judiciary: Subcommittee on Crime Assurance, GAO; the following officials of the SBA: held a hearing on H.R. 1707, Prison Rape Reduc- Thomas Dumaresq, Chief Financial Officer; and tion Act of 2003. Testimony was heard from Tracy Peter McClintock, Deputy Inspector General; and Henke, Principal Deputy Assistant Attorney Gen- public witnesses. eral, Office of Justice Programs, Department of Jus- HOMELAND DEFENSE tice; Ashbel T. Wall II, Director, Department of Committee on Government Reform: Subcommittee on Corrections, State of Rhode Island; and public wit- National Security, Emerging Threats and Inter- nesses. national Relations hearing on ‘‘Homeland Defense: Old Force Structures for New Missions?’’ Testimony OVERSIGHT—GROWING PROBLEM OF was heard from the following officials of the Depart- INVASIVE SPECIES ment of Defense: Paul McHale, Assistant Secretary, Committee on Resources: Subcommittee on Fisheries Homeland Defense; Thomas F. Hall, Assistant Sec- Conservation, Wildlife and Oceans and the Sub- retary, Reserve Affairs; and Lt. Gen. Edward G. An- committee on National Parks, Recreation, and Pub- derson III, USA, Deputy Commander, U.S. Northern lic Lands held a joint oversight hearing on the Command and Aerospace Defense Command; Ray- Growing Problem of Invasive Species. Testimony mond Decker, Director, Defense Capabilities Man- was heard from James Tate, Jr., Science Advisor to agement Team, GAO; and public witnesses. the Secretary, Department of the Interior; Chuck FEDERAL GRANTS MANAGEMENT Lambert, Deputy Under Secretary, Marketing and Committee on Government Reform: Subcommittee on Regulatory Programs, USDA; Stephen Brandt, Di- Technology, Information Policy, Intergovernmental rector, Great Lakes Environmental Research Lab, Relations and the Census held a hearing on ‘‘Federal NOAA, Department of Commerce; Edwin Theriot, Grants Management: A Process Report on Stream- Mississippi Valley Division, Army Corps of Engi- lining and Simplifying the Federal Grants Process.’’ neers, Department of the Army; and public wit- Testimony was heard from Linda M. Springer, Con- nesses.

VerDate Jan 31 2003 04:34 Apr 30, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D29AP3.REC D29AP3 D420 CONGRESSIONAL RECORD — DAILY DIGEST April 29, 2003 IMPROVING EDUCATION RESULTS FOR Subcommittee on Foreign Operations, to hold hearings CHILDREN WITH DISABILITIES ACT to examine proposed budget estimates for fiscal year 2004 for foreign operations, 1:30 p.m., SD–138. Committee on Rules: Granted, by voice vote, a struc- Committee on Commerce, Science, and Transportation: to tured rule on H.R. 1350, Improving Education Re- hold hearings to examine the Fire Research Act, 9:30 sults for Children with Disabilities Act of 2003, pro- a.m., SR–253. viding one hour of general debate equally divided Committee on Energy and Natural Resources: business and controlled by the chairman and ranking minor- meeting to consider comprehensive energy legislation, 10 ity member of the Committee on Education and the a.m., SD–366. Workforce. The rule waives all points of order Committee on Foreign Relations: business meeting to con- against consideration of the bill. The rule provides sider Treaty Doc. 108–4, Protocols to the North Atlantic that the amendment in the nature of a substitute Treaty of 1949 on the Accession of Bulgaria, Estonia, recommended by the Committee on Education and Latvia, Lithuania, Romania, Slovakia, and Slovenia, and S. Con. Res. 26, condemning the punishment of execution the Workforce now printed in the bill shall be con- by stoning as a gross violation of human rights, 10 a.m., sidered as an original bill for the purpose of amend- SD–419. ment and shall be considered as read. The rule Subcommittee on International Economic Policy, Ex- makes in order only those amendments printed in port and Trade Promotion, to hold hearings to examine the Rules Committee report accompanying the reso- U.S. energy security, focusing on Russia and the Caspian, lution. The rule provides that the amendments 2:30 p.m., SD–419. printed in the report shall be considered only in the Committee on Indian Affairs: to hold hearings to examine order printed in the report, may be offered only by S. 519, to establish a Native American-owned financial a Member designated in the report, shall be consid- entity to provide financial services to Indian tribes, Na- ered as read, shall be debatable for the time specified tive American organizations, and Native Americans, 2 in the report equally divided and controlled by the p.m., SR–485. Committee on the Judiciary: to hold hearings to examine proponent and an opponent, shall not be subject to pending nominations, 10 a.m., SD–226. amendment, and shall not be subject to a demand for a division of the question in the House or in the House Committee of the Whole. The rule waives all points Committee on Agriculture, hearing on the Administra- of order against the amendments printed in the re- tion’s Healthy Forests Initiative, 10 a.m., 1300 Long- port. Finally, the rule provides one motion to recom- worth. mit with or without instructions. Testimony was Committee on Appropriations, Subcommittee on Defense, heard from Chairman Boehner and Representatives executive, on U.S. Special Operations Command, 1:30 McKeon, Castle, DeMint, Musgrave, Nethercutt, p.m., H–140 Capitol. Bass, Simmons, Kirk, Bradley of New Hampshire, Subcommittee on the District of Columbia, on D.C. George Miller of California, Woolsey, Davis of Cali- Courts, 1:30 p.m., 2362 Rayburn. fornia, Van Hollen, Millender-McDonald, Larson of Subcommittee on Foreign Operations, Export Financ- ing, and Related Programs, on Secretary of the Treasury, Connecticut. 10 a.m., 2359 Rayburn. f Subcommittee on Homeland Security, on Emergency Preparedness and Response Directorate, 2 p.m., 2358 COMMITTEE MEETINGS FOR WEDNESDAY, Rayburn. APRIL 30, 2003 Subcommittee on Labor, Health and Human Services, (Committee meetings are open unless otherwise indicated) Education and Related Agencies, on Employment Assist- ance and Training Activities Panel, 10:15 a.m., 2358 Senate Rayburn. Committee on Appropriations: Subcommittee on Labor, Subcommittee on Transportation and Treasury, and Health and Human Services, and Education, to hold hear- Independent Agencies, on Executive Office of the Presi- ings to examine health care access and affordability, 9:30 dent, 10 a.m., 2358 Rayburn. a.m., SD–124. Committee on Energy and Commerce, to mark up the fol- Subcommittee on Homeland Security, to hold hearings lowing measures: H. Con. Res. 108, encouraging corpora- to examine proposed budget estimates for fiscal year 2004 tions to contribute to faith-based organizations; H. Con. for Homeland Security, 10 a.m., SD–106. Res. 110, recognizing the sequencing of the human ge- Subcommittee on District of Columbia, to hold hear- nome as one of the most significant scientific accomplish- ings to examine proposed budget estimates for fiscal year ments of the past one hundred years and expressing sup- 2004 for the District of Columbia Courts, 10 a.m., port for the goals and ideals of Human Genome Month SD–138. and DNA Day; H. Con. Res. 147, commemorating the Subcommittee on Defense, to hold hearings to examine 20th Anniversary of the Orphan Drug Act and the Na- medical programs of the Department of Defense, 11 a.m., tional Organization for Rare Disorders; H. Res. 201, ex- SD–192. pressing the sense of the House of Representatives that

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our Nation’s businesses and business owners should be Committee on Resources, to mark up the Healthy Forests commended for their support of our troops and their fam- Restoration Act of 2003, 10 a.m., 1324 Longworth. ilies as they serve our country in many ways, especially Committee on Rules, to consider H.R. 1298, U.S. Leader- in these days of increased engagement of our military in ship Against HIV/AIDS, Tuberculosis, and Malaria Act of strategic locations around our Nation and around the 2003, 2 p.m., H–313 Capitol. world; and H.R. 1320, Commercial Spectrum Enhance- Committee on Transportation and Infrastructure, Sub- ment Act, 10 a.m., 2123 Rayburn. committee on Coast Guard and Maritime Transportation Subcommittee on Commerce, Trade and Consumers and the Subcommittee on Water Resources and Environ- Protection, hearing entitled ‘‘Travel and Tourism in ment, joint hearing on Interpretations of Existing Owner- America Today,’’ 1 p.m., 2123 Rayburn. ship Requirements for U.S. Flag Dredges, 2 p.m., 2167 Committee on Financial Services, hearing on United States Rayburn. monetary and economic policy, 10 a.m., 2128 Rayburn. Subcommittee on Railroads, oversight hearing on Cur- Committee on Government Reform, hearing on ‘‘Better rent Amtrak Issues, 10 a.m., 2167 Rayburn. Training, Efficiency and Accountability: Services Acquisi- Committee on Veterans’ Affairs, Subcommittee on Bene- tion Reform for the 21st Century,’’ 10 a.m., 2154 Ray- fits, hearing on the following bills: H.R. 1460, Veterans burn. Entrepreneurship Act of 2003; H.R. 1712, Veterans Fed- eral Procurement Opportunity Act of 2003; and H.R. Committee on International Relations, Subcommittee on 1716, Veterans Earn and Learn Act, 10 a.m., 334 Can- International Terrorism, Nonproliferation and Human non. Rights, hearing on a Review of the State Department Committee on Ways and Means, Subcommittee on Select Country Reports on Human Rights Practices, 2 p.m., Revenue Measures, hearing on Challenges Facing Pension 2172 Rayburn. Plan Funding, 2:30 p.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, April 30 10 a.m., Wednesday, April 30

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. 1350, morning business (not to extend beyond 11 a.m.), Senate Improving Education Results for Children With Disabil- will consider S. 196, Digital and Wireless Network Tech- ities (structured rule, one hour of general debate). nology Program Act, with a vote to occur thereon at ap- proximately 12 noon; following which, Senate will con- tinue consideration of the nomination of Priscilla Richman Owen, of Texas, to be United States Circuit Judge for the Fifth Circuit.

Extensions of Remarks, as inserted in this issue

HOUSE Dingell, John D., Mich., E794 Payne, Donald M., N.J., E789, E791 Gordon, Bart, Tenn., E790, E792 Portman, Rob, Ohio, E799, E800 Andrews, Robert E., N.J., E790, E792 Graves, Sam, Mo., E789, E791, E793, E794, E795 Shaw, E. Clay, Jr., Fla., E799, E800 Baldwin, Tammy, Wisc., E799, E800 Hastings, Alcee L., Fla., E794 Shuster, Bill, Pa., E795 Bereuter, Doug, Nebr., E798 Israel, Steve, N.Y., E799, E801 Sweeney, John E., N.Y., E796 Berkley, Shelley, Nev., E789, E791 Kildee, Dale E., Mich., E800 Blumenauer, Earl, Ore., E793 McGovern, James P., Mass., E797 Thompson, Bennie G., Miss., E793 Camp, Dave, Mich., E796 Meek, Kendrick B., Fla., E790, E792 Udall, Tom, N.M., E798 Capuano, Michael E., Mass., E798 Ney, Robert W., Ohio, E798, E800 Waxman, Henry A., Calif., E795 Castle, Michael N., Del., E789, E791, E793 Oberstar, James L., Minn., E795 Wolf, Frank R., Va., E797 Combest, Larry, Tex., E796 Osborne, Tom, Nebr., E797

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