E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, THURSDAY, MARCH 6, 2003 No. 36 House of Representatives The House met at 10 a.m. and was The SPEAKER pro tempore. The The message also announced that called to order by the Speaker pro tem- question is on the Speaker’s approval pursuant to section 276h–276k of title pore (Mr. HEFLEY). of the Journal. 22, United States Code, as amended, the The question was taken; and the f Chair, on behalf of the Vice President, Speaker pro tempore announced that appoints the Senator from Alabama DESIGNATION OF THE SPEAKER the ayes appeared to have it. (Mr. SESSIONS) as Chairman of the Sen- PRO TEMPORE Mr. MCNULTY. Mr. Speaker, I object ate Delegation to the Mexico-United The SPEAKER pro tempore laid be- to the vote on the ground that a States Interparliamentary Group con- fore the House the following commu- quorum is not present and make the ference during the One Hundred Eighth nication from the Speaker: point of order that a quorum is not Congress. present. WASHINGTON, DC, The message also announced that March 6, 2003. The SPEAKER pro tempore. Pursu- pursuant to section 2761 of title 22, I hereby appoint the Honorable JOEL ant to clause 8, rule XX, further pro- United States Code, as amended, the HEFLEY to act as Speaker pro tempore on ceedings on this question will be post- Chair, on behalf of the President pro this day. poned. tempore, and upon the recommenda- J. DENNIS HASTERT, The point of no quorum is considered tion of the Majority Leader, appoints Speaker of the House of Representatives. withdrawn. the Senator from Mississippi (Mr. f f COCHRAN) as Chairman of the Senate PRAYER PLEDGE OF ALLEGIANCE Delegation to the British-American The SPEAKER pro tempore. Will the Interparliamentary Group conference The Chaplain, the Reverend Daniel P. during the One Hundred Eighth Con- gentleman from Florida (Mr. PUTNAM) Coughlin, offered the following prayer: gress. Lord, Creator of the world and Re- come forward and lead the House in the deemer of Your people, work in and Pledge of Allegiance. f through each of the Members of this Mr. PUTNAM led the Pledge of Alle- 108th Congress. Help them to be cre- giance as follows: ANNOUNCEMENT BY THE SPEAKER ative in their thinking and persevering I pledge allegiance to the Flag of the PRO TEMPORE in their service, all the while, recon- United States of America, and to the Repub- The SPEAKER pro tempore. The lic for which it stands, one nation under God, ciling differences and difficulties be- indivisible, with liberty and justice for all. Chair will entertain 1-minutes at the tween people. May everything that this end of legislative business. Congress undertakes to serve the needs f of the American people begin with MESSAGE FROM THE SENATE f Your inspiration. May all their work be A message from the Senate by Mr. RECESS continued with Your help and reach a Monahan, one of its clerks, announced The SPEAKER pro tempore. Pursu- happy conclusion under Your guidance. that the Senate has passed a concur- ant to clause 12(a) of rule I, the Chair For You were with us in the begin- rent resolution of the following title in declares the House in recess for ap- ning. You are with us now, and You which the concurrence of the House is proximately 12 minutes, subject to the will be with us forever and ever. Amen. requested: call of the Chair. f S. Con. Res. 16. Concurrent resolution hon- Accordingly (at 10 o’clock and 5 min- oring the life and work of Mr. Fred McFeely THE JOURNAL Rogers utes a.m.), the House stood in recess The SPEAKER pro tempore. The The message also announced that in subject to the call of the Chair. Chair has examined the Journal of the accordance with section 1928a–1928d of f last day’s proceedings and announces title 22, United States Code, as amend- to the House his approval thereof. ed, the Chair, on behalf of the Vice b 1015 Pursuant to clause 1, rule I, the Jour- President, appoints the Senator from nal stands approved. Oregon (Mr. SMITH) as Chairman of the AFTER RECESS Mr. MCNULTY. Mr. Speaker, pursu- Senate Delegation to the North Atlan- The recess having expired, the House ant to clause 1, rule I, I demand a vote tic Treaty Organization Parliamentary was called to order by the Speaker pro on agreeing to the Speaker’s approval Assembly during the One Hundred tempore (Mr. HEFLEY) at 10 o’clock and of the Journal. Eighth Congress. 15 minutes a.m.

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 00:39 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.000 H06PT1 H1644 CONGRESSIONAL RECORD — HOUSE March 6, 2003 MUSEUM AND LIBRARY SERVICES at the end the following: ‘‘Where appro- ‘‘(A) LIBRARY MEMBERS.—Of the members ACT OF 2003 priate, the Director shall ensure that activi- of the Museum and Library Services Board ties under subtitle B are coordinated with appointed under paragraph (1)(D)— Mr. HOEKSTRA. Mr. Speaker, pursu- activities under section 1251 of the Elemen- ‘‘(i) 5 shall be professional librarians or in- ant to the order of the House of March tary and Secondary Education Act of 1965 (20 formation specialists, of whom— 4, 2003, I call up the bill (H.R. 13) to re- U.S.C. 6383).’’. ‘‘(I) at least 1 shall be knowledgeable about authorize the Museum and Library (b) REGULATORY AUTHORITY.—Section 204 of electronic information and technical aspects Services Act, and for other purposes, such Act (20 U.S.C. 9103) is amended by add- of library and information services and and ask for its immediate consider- ing at the end the following: sciences; and ‘‘(II) and at least 1 other shall be knowl- ation in the House. ‘‘(f) REGULATORY AUTHORITY.—The Direc- tor may promulgate such rules and regula- edgeable about the library and information The Clerk read the title of the bill. tions as are necessary and appropriate to im- service needs of underserved communities; The text of H.R. 13 is as follows: plement the provisions of this title. and H. RES. 13 ‘‘(g) APPLICATION PROCEDURES.— ‘‘(ii) the remainder shall have special com- Be it enacted by the Senate and House of Rep- ‘‘(1) IN GENERAL.—In order to be eligible to petence in, or knowledge of, the needs for li- resentatives of the United States of America in receive financial assistance under this title, brary and information services in the United Congress assembled, a person or agency shall submit an applica- States. ‘‘(B) MUSEUM MEMBERS.—Of the members of SECTION 1. SHORT TITLE. tion in accordance with procedures estab- lished by the Director by regulation. the Museum and Library Services Board ap- This Act may be cited as the ‘‘Museum and pointed under paragraph (1)(E)— Library Services Act of 2003’’. ‘‘(2) REVIEW AND EVALUATION.—The Direc- tor shall establish procedures for reviewing ‘‘(i) 5 shall be museum professionals who TITLE I—GENERAL PROVISIONS and evaluating such applications. Such pro- are or have been affiliated with— SEC. 101. GENERAL DEFINITIONS. cedures shall not be subject to any review ‘‘(I) resources that, collectively, are broad- Section 202 of the Museum and Library outside of the Institute. In establishing such ly representative of the curatorial, conserva- Services Act (20 U.S.C. 9101) is amended— procedures, the Director shall ensure that tion, educational, and cultural resources of (1) by amending paragraph (1) to read as the criteria by which applications are evalu- the United States; or follows: ated are consistent with the purposes of this ‘‘(II) museums that, collectively, are ‘‘(1) DETERMINED TO BE OBSCENE.—The term title, taking into consideration general broadly representative of various types of ‘determined to be obscene’ means deter- standards of decency and respect for the di- museums, including museums relating to mined, in a final judgment of a court of verse beliefs and values of the American pub- science, history, technology, art, zoos, bo- record and of competent jurisdiction in the lic. tanical gardens, and museums designed for children; and United States, to be obscene.’’; ‘‘(3) TREATMENT OF PROJECTS DETERMINED ‘‘(ii) the remainder shall be individuals (2) by striking paragraph (4); TO BE OBSCENE.— recognized for their broad knowledge, exper- (3) by redesignating paragraph (3) as para- ‘‘(A) IN GENERAL.—The procedures de- graph (5); scribed in paragraph (2) shall include provi- tise, or experience in museums or commit- (4) by inserting after paragraph (2) the fol- sions that clearly specify that obscenity is ment to museums. ‘‘(3) GEOGRAPHIC AND OTHER REPRESENTA- lowing: without literary, artistic, political, or sci- TION.—Members of the Museum and Library ‘‘(3) FINAL JUDGMENT.—The term ‘final entific merit, and is not protected speech. Services Board shall be appointed to reflect judgment’ means a judgment that is— ‘‘(B) PROHIBITION.—No financial assistance persons from various geographic regions of ‘‘(A) not reviewed by any other court that may be provided under this title with respect the United States. The Museum and Library has authority to review such judgment; or to any project that is determined to be ob- Services Board may not include, at any time, ‘‘(B) is not reviewable by any other court. scene. more than 3 appointive members from a sin- ‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ ‘‘(C) TREATMENT OF APPLICATION DIS- gle State. In making such appointments, the means any tribe, band, nation, or other orga- APPROVAL.—The disapproval of an applica- President shall give due regard to equitable nized group or community, including any tion by the Director shall not be construed representation of women, minorities, and Alaska native village, regional corporation, to mean, and shall not be considered as evi- persons with disabilities who are involved or village corporation (as defined in, or es- dence that, the project for which the appli- with museums and libraries. tablished pursuant to, the Alaska Native cant requested financial assistance is or is ‘‘(4) VOTING.—The Director, the Deputy Di- Claims Settlement Act (43 U.S.C. 1601 et not obscene.’’. rector of the Office of Library Services, and seq.)), which is recognized by the Secretary SEC. 104. NATIONAL MUSEUM AND LIBRARY the Deputy Director of the Office of Museum of the Interior as eligible for the special pro- SERVICES BOARD. Services shall be nonvoting members of the grams and services provided by the United The Museum and Library Services Act (20 Museum and Library Services Board. States to Indians because of their status as U.S.C. 9101 et seq.) is amended— ‘‘(c) TERMS.— Indians.’’; and (1) by redesignating section 207 as section ‘‘(1) IN GENERAL.—Except as otherwise pro- (5) by adding after paragraph (5) (as so re- 208; and vided in this subsection, each member of the designated) the following: (2) by inserting after section 206 the fol- Museum and Library Services Board ap- ‘‘(6) MUSEUM AND LIBRARY SERVICES lowing: pointed under subparagraph (D) or (E) of sub- BOARD.—The term ‘Museum and Library ‘‘SEC. 207. NATIONAL MUSEUM AND LIBRARY section (b)(1) shall serve for a term of 5 Services Board’ means the National Museum SERVICES BOARD. years. and Library Services Board established ‘‘(a) ESTABLISHMENT.—There is established ‘‘(2) INITIAL BOARD APPOINTMENTS.— under section 207. in the Institute a board to be known as the ‘‘(A) TREATMENT OF MEMBERS SERVING ON ‘‘(7) OBSCENE.—The term ‘obscene’ means, ‘National Museum and Library Services EFFECTIVE DATE.—Notwithstanding sub- with respect to a project, that— Board’. section (b), each individual who is a member ‘‘(A) the average person, applying contem- ‘‘(b) MEMBERSHIP.— of the National Museum Services Board on porary community standards, would find ‘‘(1) NUMBER AND APPOINTMENT.—The Mu- the date of the enactment of the Museum that such project, when taken as a whole, ap- seum and Library Services Board shall be and Library Services Act of 2003, may, at the peals to the prurient interest; composed of the following: individual’s election, complete the balance ‘‘(B) such project depicts or describes sex- ‘‘(A) The Director. of the individual’s term as a member of the ual conduct in a patently offensive way; and ‘‘(B) The Deputy Director for the Office of Museum and Library Services Board. ‘‘(C) such project, when taken as a whole, Library Services. ‘‘(B) FIRST APPOINTMENTS.—Notwith- lacks serious literary, artistic, political, or ‘‘(C) The Deputy Director for the Office of standing subsection (b), any appointive va- scientific value.’’. Museum Services. cancy in the initial membership of the Mu- SEC. 102. INSTITUTE OF MUSEUM AND LIBRARY ‘‘(D) 10 members appointed by the Presi- seum and Library Services Board existing SERVICES. dent, by and with the advice and consent of after the application of subparagraph (A), Section 203 of the Museum and Library the Senate, from among individuals who are and any vacancy in such membership subse- Services Act (20 U.S.C. 9102) is amended— citizens of the United States and who are quently created by reason of the expiration (1) in subsection (b), by striking the last specially qualified in the area of library of the term of an individual described in sub- sentence; and services by virtue of their education, train- paragraph (A), shall be filled by the appoint- (2) by adding at the end the following: ing, or experience. ment of a member described in subsection ‘‘(c) MUSEUM AND LIBRARY SERVICES ‘‘(E) 10 members appointed by the Presi- (b)(1)(D). When the Museum and Library BOARD.—There shall be a National Museum dent, by and with the advice and consent of Services Board consists of an equal number and Library Services Board within the Insti- the Senate, from among individuals who are of individuals who are specially qualified in tute, as provided under section 207.’’. citizens of the United States and who are the area of library services and individuals SEC. 103. DIRECTOR OF THE INSTITUTE. specially qualified in the area of museum who are specially qualified in the area of mu- (a) COORDINATION OF ACTIVITIES.—Section services by virtue of their education, train- seum services, this subparagraph shall cease 204(e) of the Museum and Library Services ing, or experience. to be effective and the board shall be ap- Act (20 U.S.C. 9103(e)) is amended by adding ‘‘(2) SPECIAL QUALIFICATIONS.— pointed in accordance with subsection (b).

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‘‘(C) AUTHORITY TO ADJUST TERMS.—The SEC. 105. AWARDS; ANALYSIS OF IMPACT OF of the United States Virgin Islands, Guam, terms of the first members appointed to the SERVICES. American Samoa, the Commonwealth of the Museum and Library Service Board shall be The Museum and Library Services Act (20 Northern Mariana Islands, the Republic of adjusted by the President as necessary to en- U.S.C. 9101 et seq.) is amended by inserting the Marshall Islands, the Federated States of sure that the terms of not more than 4 mem- after section 208 (as redesignated by section Micronesia, and the Republic of Palau. bers expire in the same year. Such adjust- 104 of this Act) the following: ‘‘(B) RATABLE REDUCTIONS.—Notwith- ments shall be carried out through designa- ‘‘SEC. 209. AWARDS. standing subparagraph (A), if the sum appro- tion of the adjusted term at the time of ap- ‘‘The Director, with the advice of the Mu- priated under the authority of section 214 pointment. seum and Library Services Board, may annu- and not reserved under subsection (a) for any ‘‘(3) VACANCIES.—Any member appointed to ally award National Awards for Library fiscal year is insufficient to fully satisfy the fill a vacancy shall serve for the remainder Service and National Awards for Museum requirement of subparagraph (A), each of the of the term for which the predecessor of the Service to outstanding libraries and out- minimum allotments under such subpara- member was appointed. standing museums, respectively, that have graph shall be reduced ratably. ‘‘(4) REAPPOINTMENT.—No appointive mem- made significant contributions in service to ‘‘(C) EXCEPTION.— ber of the Museum and Library Services their communities. ‘‘(i) IN GENERAL.—Notwithstanding sub- Board who has been a member for more than ‘‘SEC. 210. ANALYSIS OF IMPACT OF MUSEUM AND paragraph (A), if the sum appropriated under 7 consecutive years shall be eligible for re- LIBRARY SERVICES. the authority of section 214 and not reserved appointment. ‘‘From amounts described in sections 214(c) under subsection (a) for any fiscal year ex- ‘‘(5) SERVICE UNTIL SUCCESSOR TAKES OF- and 275(b), the Director shall carry out and ceeds the aggregate of the allotments for all FICE.—Notwithstanding any other provision publish analyses of the impact of museum States under this subsection for fiscal year of this subsection, an appointive member of and library services. Such analyses— 2003— the Museum and Library Services Board ‘‘(1) shall be conducted in ongoing con- ‘‘(I) the minimum allotment for each State shall serve after the expiration of the term sultation with— otherwise receiving a minimum allotment of of the member until the successor to the ‘‘(A) State library administrative agencies; $340,000 under subparagraph (A) shall be in- member takes office. ‘‘(B) State, regional, and national library creased to $680,000; and ‘‘(d) DUTIES AND POWERS.— and museum organizations; and ‘‘(II) the minimum allotment for each State otherwise receiving a minimum allot- ‘‘(1) IN GENERAL.—The Museum and Library ‘‘(C) other relevant agencies and organiza- ment of $40,000 under subparagraph (A) shall Services Board shall advise the Director on tions; be increased to $60,000. general policies with respect to the duties, ‘‘(2) shall identify national needs for, and ‘‘(ii) INSUFFICIENT FUNDS TO AWARD ALTER- powers, and authority of the Institute relat- trends of, museum and library services pro- NATIVE MINIMUM.—If the sum appropriated ing to museum and library services, includ- vided with funds made available under sub- under the authority of section 214 and not re- ing financial assistance awarded under this titles B and C; served under subsection (a) for any fiscal title. ‘‘(3) shall report on the impact and effec- year exceeds the aggregate of the allotments ‘‘(2) NATIONAL AWARDS.—The Museum and tiveness of programs conducted with funds for all States under this subsection for fiscal Library Services Board shall assist the Di- made available by the Institute in addressing rector in making awards under section 209. year 2003 yet is insufficient to fully satisfy such needs; and the requirement of clause (i), such excess ‘‘(e) CHAIRPERSON.—The Director shall ‘‘(4) shall identify, and disseminate infor- serve as Chairperson of the Museum and Li- amount shall first be allotted among the mation on, the best practices of such pro- States described in clause (i)(I) so as to in- brary Services Board. grams to the agencies and entities described ‘‘(f) MEETINGS.— crease equally the minimum allotment for in paragraph (1).’’. ‘‘(1) IN GENERAL.—The Museum and Library each such State above $340,000. After the re- Services Board shall meet not less than 2 TITLE II—LIBRARY SERVICES AND quirement of clause (i)(I) is fully satisfied for times each year and at the call of the Direc- TECHNOLOGY any fiscal year, any remainder of such excess tor. SEC. 201. PURPOSE. amount shall be allotted among the States ‘‘(2) VOTE.—All decisions by the Museum Section 212 of the Library Services and described in clause (i)(II) so as to increase and Library Services Board with respect to Technology Act (20 U.S.C. 9121) is amended equally the minimum allotment for each the exercise of its duties and powers shall be by striking paragraphs (2) through (5) and in- such State above $40,000. made by a majority vote of the members of serting the following: ‘‘(D) SPECIAL RULE.— the Board who are present and authorized to ‘‘(2) to promote improvement in library ‘‘(i) IN GENERAL.—Notwithstanding any vote. services in all types of libraries in order to other provision of this subsection and using ‘‘(g) QUORUM.—A majority of the voting better serve the people of the United States; funds allotted for the Republic of the Mar- members of the Museum and Library Serv- ‘‘(3) to facilitate access to resources in all shall Islands, the Federated States of Micro- ices Board shall constitute a quorum for the types of libraries for the purpose of culti- nesia, and the Republic of Palau under this conduct of business at official meetings, but vating an educated and informed citizenry; subsection, the Director shall award grants a lesser number of members may hold hear- and to the United States Virgin Islands, Guam, ings. ‘‘(4) to encourage resource sharing among American Samoa, the Commonwealth of the ‘‘(h) COMPENSATION AND TRAVEL EX- all types of libraries for the purpose of Northern Mariana Islands, the Republic of PENSES.— achieving economical and efficient delivery the Marshall Islands, the Federated States of ‘‘(1) COMPENSATION.—Each member of the of library services to the public.’’. Micronesia, or the Republic of Palau to carry Museum and Library Services Board who is out activities described in this subtitle in ac- SEC. 202. DEFINITIONS. not an officer or employee of the Federal cordance with the provisions of this subtitle Section 213 of the Library Services and Government may be compensated at a rate that the Director determines are not incon- Technology Act (20 U.S.C. 9122) is amended— to be fixed by the President, but not to ex- sistent with this subparagraph. (1) by striking paragraph (1); and ceed the daily equivalent of the maximum ‘‘(ii) AWARD BASIS.—The Director shall (2) by redesignating paragraphs (2) through annual rate of pay authorized for a position award grants pursuant to clause (i) on a (6) as paragraphs (1) through (5), respec- above grade GS–15 of the General Schedule competitive basis and pursuant to rec- tively. under section 5108 of title 5, United States ommendations from the Pacific Region Edu- Code, for each day (including travel time) SEC. 203. AUTHORIZATION OF APPROPRIATIONS. cational Laboratory in Honolulu, Hawaii. during which such member is engaged in the Section 214 of the Library Services and ‘‘(iii) ADMINISTRATIVE COSTS.—The Director performance of the duties of the Museum and Technology Act (20 U.S.C. 9123) is amended— may provide not more than 5 percent of the Library Services Board. Members of the Mu- (1) by amending subsection (a) to read as funds made available for grants under this seum and Libraries Services Board who are follows: subparagraph to pay the administrative full-time officers or employees of the Federal ‘‘(a) IN GENERAL.—There are authorized to costs of the Pacific Region Educational Lab- Government may not receive additional pay, be appropriated to carry out this subtitle oratory regarding activities assisted under allowances, or benefits by reason of their $210,000,000 for fiscal year 2004 and such sums this subparagraph.’’. service on the Board. as may be necessary for fiscal years 2005 SEC. 205. STATE PLANS. ‘‘(2) TRAVEL EXPENSES.—Each member of through 2009.’’; and Section 224 of the Library Services and the Museum and Library Services Board (2) in subsection (c), by striking ‘‘3 per- Technology Act (20 U.S.C. 9134) is amended— shall receive travel expenses, including per cent’’ and inserting ‘‘3.5 percent’’. (1) in subsection (a)(1), by striking ‘‘not diem in lieu of subsistence, in accordance SEC. 204. RESERVATIONS AND ALLOTMENTS. later than April 1, 1997.’’ and inserting ‘‘once with applicable provisions under subchapter Section 221(b)(3) of the Library Services every 5 years, as determined by the Direc- I of chapter 57 of title 5, United States Code. and Technology Act (20 U.S.C. 9131(b)(3)) is tor.’’; and ‘‘(i) COORDINATION.—The Director, with the amended to read as follows: (2) in subsection (f)— advice of the Museum and Library Services ‘‘(3) MINIMUM ALLOTMENTS.— (A) by striking ‘‘this Act’’ each place such Board, shall take steps to ensure that the ‘‘(A) IN GENERAL.—For purposes of this sub- term appears and inserting ‘‘this subtitle’’; policies and activities of the Institute are section, the minimum allotment for each (B) in paragraph (1), by striking ‘‘1934,’’ coordinated with other activities of the Fed- State shall be $340,000, except that the min- and all that follows through ‘‘Act, may’’ and eral Government.’’. imum allotment shall be $40,000 in the case inserting ‘‘1934 (47 U.S.C. 254(h)(6)) may’’; and

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(C) in paragraph (7)— ‘‘(6) to support resource sharing and part- ‘‘(c) REVIEW AND EVALUATION.— (i) in the matter preceding subparagraph nerships among museums, libraries, schools, ‘‘(1) IN GENERAL.—The Director shall estab- (A), by striking ‘‘section:’’ and inserting and other community organizations.’’. lish procedures for reviewing and evaluating ‘‘subsection:’’; and SEC. 302. DEFINITIONS. arrangements described in subsection (a) en- (ii) in subparagraph (D), by striking Section 272(1) of the Museum and Library tered into under this subtitle. ‘‘given’’ and inserting ‘‘applicable to’’. Services Act (20 U.S.C. 9172(1)) is amended by ‘‘(2) APPLICATIONS FOR TECHNICAL ASSIST- SEC. 206. GRANTS TO STATES. adding at the end the following: ‘‘Such term ANCE.— Section 231 of the Library Services and includes aquariums, arboretums, botanical ‘‘(A) IN GENERAL.—The Director may use Technology Act (20 U.S.C. 9141) is amended— gardens, art museums, children’s museums, up to 10 percent of the funds appropriated to (1) in subsection (a), by striking para- general museums, historic houses and sites, carry out this subtitle for technical assist- graphs (1) and (2) and inserting the following: history museums, nature centers, natural ance awards. ‘‘(1) expanding services for learning and ac- history and anthropology museums, plan- ‘‘(B) INDIVIDUAL MUSEUMS.—Individual mu- cess to information and educational re- etariums, science and technology centers, seums may receive not more than 3 technical sources in a variety of formats, in all types specialized museums, and zoological parks.’’. assistance awards under subparagraph (A), of libraries, for individuals of all ages; SEC. 303. MUSEUM SERVICES ACTIVITIES. but subsequent awards for technical assist- ‘‘(2) developing library services that pro- Section 273 of the Museum and Library ance shall be subject to review outside the vide all users access to information through Services Act (20 U.S.C. 9173) is amended to Institute. local, State, regional, national, and inter- read as follows: ‘‘(d) SERVICES FOR NATIVE AMERICANS.— national electronic networks; ‘‘SEC. 273. MUSEUM SERVICES ACTIVITIES. From amounts appropriated under section ‘‘(3) providing electronic and other link- ‘‘(a) IN GENERAL.—The Director, subject to 275, the Director shall reserve 1.75 percent to ages among and between all types of librar- the policy advice of the Museum and Library award grants to, or enter into contracts or ies; Services Board, may enter into arrange- cooperative agreements with, Indian tribes ‘‘(4) developing public and private partner- ments, including grants, contracts, coopera- and organizations that primarily serve and ships with other agencies and community- tive agreements, and other forms of assist- represent Native Hawaiians (as defined in based organizations; ance to museums and other entities as the section 7207 of the Native Hawaiian Edu- ‘‘(5) targeting library services to individ- Director considers appropriate, to pay for cation Act (20 U.S.C. 7517)), to enable such uals of diverse geographic, cultural, and so- the Federal share of the cost— tribes and organizations to carry out the ac- cioeconomic backgrounds, to individuals ‘‘(1) to support museums in providing tivities described in subsection (a).’’. with disabilities, and to individuals with learning and access to collections, informa- SEC. 304. REPEALS. limited functional literacy or information tion, and educational resources in a variety Sections 274 and 275 of the Museum and Li- skills; and of formats (including exhibitions, programs, brary Services Act (20 U.S.C. 9174 and 9175) ‘‘(6) targeting library and information publications, and websites) for individuals of are repealed. services to persons having difficulty using a all ages; SEC. 305. AUTHORIZATION OF APPROPRIATIONS. library and to underserved urban and rural ‘‘(2) to support museums in building learn- Section 276 of the Museum and Library communities, including children (from birth ing partnerships with the Nation’s schools Services Act (20 U.S.C. 9176)— through age 17) from families with incomes and developing museum resources and pro- (1) is redesignated as section 275 of such below the poverty line (as defined by the Of- grams in support of State and local school Act; and fice of Management and Budget and revised curricula; (2) is amended, in subsection (a), by strik- annually in accordance with section 673(2) of ‘‘(3) to support museums in assessing, con- ing ‘‘$28,700,000 for the fiscal year 1997, and the Community Services Block Grant Act (42 serving, researching, maintaining, and ex- such sums as may be necessary for each of U.S.C. 9902(2))) applicable to a family of the hibiting their collections, and in providing the fiscal years 1998 through 2002.’’ and in- size involved.’’; and educational programs to the public through serting ‘‘$35,000,000 for fiscal year 2004 and (2) in subsection (b), by striking ‘‘between the use of their collections; such sums as may be necessary for fiscal the two purposes described in paragraphs (1) ‘‘(4) to stimulate greater collaboration years 2005 through 2009.’’. and (2) of such subsection,’’ and inserting among museums, libraries, schools, and SEC. 306. SHORT TITLE. ‘‘among such purposes,’’. other community organizations in order to Subtitle C of the Museum and Library SEC. 207. NATIONAL LEADERSHIP GRANTS, CON- share resources and strengthen communities; Services Act (20 U.S.C. 9171 et seq.) is amend- TRACTS, OR COOPERATIVE AGREE- ‘‘(5) to encourage the use of new tech- ed— MENTS. nologies and broadcast media to enhance ac- Section 262(a)(1) of the Library Services (1) by redesignating sections 271 through cess to museum collections, programs, and and Technology Act (20 U.S.C. 9162(a)(1)) is 273 as sections 272 through 274, respectively; services; amended by striking ‘‘education and train- and ‘‘(6) to support museums in providing serv- ing’’ and inserting ‘‘education, recruitment, (2) by inserting after the subtitle heading ices to people of diverse geographic, cultural, and training’’. the following: and socioeconomic backgrounds and to indi- ‘‘SEC. 271. SHORT TITLE. TITLE III—MUSEUM SERVICES viduals with disabilities; ‘‘This subtitle may be cited as the ‘Mu- SEC. 301. PURPOSE. ‘‘(7) to support museums in developing and seum Services Act’.’’. Section 271 of the Museum and Library carrying out specialized programs for spe- Services Act (20 U.S.C. 9171) is amended to cific segments of the public, such as pro- TITLE IV—TECHNICAL CORRECTIONS; read as follows: grams for urban neighborhoods, rural areas, REPEALS; EFFECTIVE DATE ‘‘SEC. 271. PURPOSE. Indian reservations, and State institutions; SEC. 401. TECHNICAL CORRECTIONS. ‘‘It is the purpose of this subtitle— ‘‘(8) to support professional development (a) TITLE HEADING.—The title heading for ‘‘(1) to encourage and support museums in and technical assistance programs to en- the Museum and Library Services Act (20 carrying out their public service role of con- hance museum operations at all levels, in U.S.C. 9101 et seq.) is amended to read as fol- necting the whole of society to the cultural, order to ensure the highest standards in all lows: artistic, historical, natural, and scientific aspects of museum operations; ‘‘TITLE II—MUSEUM AND LIBRARY understandings that constitute our heritage; ‘‘(9) to support museums in research, pro- SERVICES’’. ‘‘(2) to encourage and support museums in gram evaluation, and the collection and dis- (b) SUBTITLE A HEADING.—The subtitle carrying out their educational role, as core semination of information to museum pro- heading for subtitle A of the Museum and Li- providers of learning and in conjunction with fessionals and the public; and brary Services Act (20 U.S.C. 9101 et seq.) is schools, families, and communities; ‘‘(10) to encourage, support, and dissemi- amended to read as follows: ‘‘(3) to encourage leadership, innovation, nate model programs of museum and library and applications of the most current tech- collaboration. ‘‘Subtitle A—General Provisions’’. nologies and practices to enhance museum ‘‘(b) FEDERAL SHARE.— (c) SUBTITLE B HEADING.—The subtitle services; ‘‘(1) 50 PERCENT.—Except as provided in heading for subtitle B of the Museum and Li- ‘‘(4) to assist, encourage, and support mu- paragraph (2), the Federal share described in brary Services Act (20 U.S.C. 9121 et seq.) is seums in carrying out their stewardship re- subsection (a) shall be not more than 50 per- amended to read as follows: sponsibilities to achieve the highest stand- cent. ‘‘Subtitle B—Library Services and ards in conservation and care of the cultural, ‘‘(2) GREATER THAN 50 PERCENT.—The Direc- Technology’’. historic, natural, and scientific heritage of tor may use not more than 20 percent of the (d) SUBTITLE C HEADING.—The subtitle the United States to benefit future genera- funds made available under this subtitle for heading for subtitle C of the Museum and Li- tions; a fiscal year to enter into arrangements brary Services Act (20 U.S.C. 9171 et seq.) is ‘‘(5) to assist, encourage, and support mu- under subsection (a) for which the Federal amended to read as follows: seums in achieving the highest standards of share may be greater than 50 percent. management and service to the public, and ‘‘(3) OPERATIONAL EXPENSES.—No funds for ‘‘Subtitle C—Museum Services’’. to ease the financial burden borne by muse- operational expenses may be provided under (e) CONTRIBUTIONS.—Section 208 of the Mu- ums as a result of their increasing use by the this section to any entity that is not a mu- seum and Library Services Act (20 U.S.C. public; and seum. 9106) (as redesignated by section 104 of this

VerDate Jan 31 2003 02:27 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.003 H06PT1 March 6, 2003 CONGRESSIONAL RECORD — HOUSE H1647 Act) is amended by striking ‘‘property of modifications to current law to cifically, most American museums pro- services’’ and inserting ‘‘property or serv- streamline and strengthen museum and vide K through 12 educational program- ices’’. library services, and will help build on ming, with most using local and State (f) STATE PLAN CONTENTS.—Section the bipartisan progress made by the 224(b)(5) of the Library Services and Tech- curriculum standards to shape their nology Act (20 U.S.C. 9134(b)(5)) is amended committee during the 107th Congress. programs. Additionally, museums in- by striking ‘‘and’’ at the end. Generally, this legislation authorizes creasingly partner with libraries to (g) NATIONAL LEADERSHIP GRANTS, CON- the Federal Library and Museum pro- offer joint educational opportunities TRACTS, OR COOPERATIVE AGREEMENTS.—Sec- gram under the Institute of Museum for adults, as well as children. tion 262(b)(1) of the Library Services and and Library Services. More specifi- The Museum and Library Services Technology Act (20 U.S.C. 9162(b)(1)) is cally, H.R. 13 requires the director of Act of 2003 makes commonsense re- amended by striking ‘‘cooperative agree- the Institute of Museum and Library forms to authorize museum and library ments, with,’’ and inserting ‘‘cooperative Services to establish procedural stand- agreements with,’’. activities, includes provisions impor- ards for making grants available to tant to Members on both sides of the SEC. 402. REPEALS. museums and libraries which will pro- aisle, and reauthorizes a program that (a) NATIONAL COMMISSION ON LIBRARIES AND hibit projects that are determined to INFORMATION SCIENCE ACT.—Section 5 of the should be supported by this Congress. National Commission on Libraries and Infor- be obscene from receiving funding, en- I would like to thank all those who mation Science Act (20 U.S.C. 1504) is amend- sures that library activities are coordi- participated in this process, including ed by striking subsections (b) and (c) and re- nated with activities under the No the ranking Democrat on the com- designating subsections (d), (e), and (f) as Child Left Behind Act of 2001, consoli- mittee, the gentleman from California subsections (b), (c), and (d), respectively. dates Museum and Library Advisory (Mr. GEORGE MILLER), the Institute of (b) MUSEUM AND LIBRARY SERVICES ACT OF Board activities under a single statute, Museum and Library Services, the 1996.—Sections 704 through 707 of the Mu- authorizes the director of the Institute seum and Library Services Act of 1996 (20 American Library Association, the of Museum and Library Services to chief officers of State library agencies U.S.C. 9102 note, 9103 note, and 9105 note) are present national awards for library repealed. and the American Association of Muse- service and national awards for mu- SEC. 403. EFFECTIVE DATE. ums. They deserve a great deal of the The amendments made by this Act shall seum service, and ensures that admin- credit for this bipartisan bill before us take effect on the date of the enactment of istrative funds are also used to conduct today. this Act, except that the amendments made annual analyses of the impact of mu- I look forward to moving this legisla- by sections 203, 204, and 305 shall take effect seum and library services in order to tion through the House and working on October 1, 2003. evaluate and identify needs and trends with the Senate to complete an author- The SPEAKER pro tempore. Pursu- of services provided under IMLS-funded ization bill that President Bush will ant to the order of the House of Tues- programs. support, so that we can ensure that our I believe there is broad support for day, March 4, 2003, the gentleman from Nation’s museums and libraries are this reauthorization legislation, be- Michigan (Mr. HOEKSTRA) and the gen- getting the best assistance we are able cause museums and libraries are a vital tleman from Texas (Mr. HINOJOSA) each to provide from the Federal level. part of our society. Attendance at will control 30 minutes. I would also like to thank the staff America’s museums is now at more The Chair recognizes the gentleman that has worked on this bill. than 865 million visits per year, and to- from Michigan (Mr. HOEKSTRA). I look forward to working with the day’s 21st century library is not merely GENERAL LEAVE gentleman from Texas (Mr. HINOJOSA) a provider of books. Instead, the typ- Mr. HOEKSTRA. Mr. Speaker, I ask on other legislation that will come ical library coordinates a complete and unanimous consent that all Members through the subcommittee. We really comprehensive approach to community may have 5 legislative days within did not work on this, we took a lot of development and services. which to revise and extend their re- The Library Services and Technology what we did in the last Congress on marks on H.R. 13. subtitle is the only Federal program this bill, but I really appreciate start- The SPEAKER pro tempore. Is there solely devoted to supporting libraries. ing off in such a positive way on this objection to the request of the gen- This legislation assists libraries in pro- bill, and also on the Child Abuse Pre- tleman from Michigan? viding crucial services to the commu- vention and Treatment Act that the There was no objection. nities they serve. Throughout our Na- House will consider sometime in the Mr. HOEKSTRA. Mr. Speaker, I yield tion, libraries are at the forefront of next couple of weeks. myself such time as I may consume. reading and family literacy programs; I think it is a great start for this sub- Mr. Speaker, today the House will and importantly, libraries serve as es- committee. I look forward to working consider H.R. 13, the Museum and Li- sential links to the business commu- with my colleague on other legislation brary Services Act of 2003, which au- nity, assisting with job creation and that will come before the sub- thorizes Federal assistance to muse- training programs, and assisting with committee and am sure we will have ums and libraries through fiscal year business development initiatives as the same kind of bipartisan effort on 2009. well. They are also critical for many that legislation, especially the Cor- H.R. 13 maintains the modest, but es- people with disabilities, providing poration for National Community sential, Federal support for museums them with specialized materials and re- Service which our subcommittee will and libraries across the country. It au- sources that are obtainable in a single consider this year. I think this is a thorizes funds for the one Federal location. great start. agency, the Institute of Museum and For older Americans, libraries pro- Mr. Speaker, I reserve the balance of Library Services, devoted exclusively vide a place to interact with others, my time. to museums and libraries, and encour- use the Internet, and receive services. Mr. HINOJOSA. Mr. Speaker, I yield ages model cooperation between muse- For those persons of limited resources myself such time as I may consume. ums and libraries. or who live in remote areas, libraries Mr. Speaker, I rise in strong support Last Congress, the Committee on provide access to books and reference of this legislation that means so much Education and the Workforce reported materials, computers and the Internet, to our Nation; and I, too, want to a bipartisan authorization bill that had and community-based social services thank the gentleman from Ohio (Chair- 94 cosponsors. It was supported by the that are often available nowhere else. man BOEHNER); our ranking member, administration and was endorsed by The Museum and Library Services the gentleman from California (Mr. the American Library Association, the Act also supports museums in their GEORGE MILLER); and my good friend chief officers of State library agencies, educational role and assists museums and colleague, the gentleman from and the American Association of Muse- in modernizing their methods and fa- Michigan (Chairman HOEKSTRA), the ums. cilities so they are better able to con- chairman of the subcommittee, for To complete our work from last Con- serve the cultural, historical, and sci- their work in bringing this bill to the gress, I introduced H.R. 13, the Museum entific heritage of the United States. floor today. and Library Services Act of 2003. H.R. Museums play an important role in We have experienced an economic 13 has 126 cosponsors, makes several its education of people of all ages. Spe- downturn over the past 2 years; and as

VerDate Jan 31 2003 02:27 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.003 H06PT1 H1648 CONGRESSIONAL RECORD — HOUSE March 6, 2003 a result, the continuing vitality of our Mr. HOEKSTRA. Mr. Speaker, I yield thank the gentleman for being down museums is in question. Many have 2 minutes to the gentleman from Geor- here. had to close their doors to the public, gia (Mr. BURNS), a new member of the Mr. OWENS. Mr. Speaker, I thank staff has been laid off, budgets for cur- subcommittee. the gentleman very much. Now that riculum materials has been reduced, Mr. BURNS. Mr. Speaker, I rise in my objectivity has been established, I and the general public wonders about support of H.R. 13, the Museum and Li- would like to say that we have been our national priorities. brary Services Act of 2003. slow to recognize it, but I hope that With our present economy, we have Museums and libraries are a funda- this bill will help to concretize in our fewer contributions from corporations mental part of our society. They re- minds the value of libraries and muse- in support of vital library and museum main an integral component of our ums to work together. functions. I support the reauthoriza- education system. As has been noted, I happen to live across the street tion of the Museum and Library Serv- attendance at American museums con- from one of the greatest museums in ices Act because all of us realize the tinues to grow, and today’s library of- America, the Brooklyn Museum of Art. vital importance of these institutions fers critical community services for all I also live one block away from one of for our national fabric. of our citizens. the greatest public libraries, the Cen- The bill provides modest, but essen- Charlotte Rogers, the director of the tral Library of the Brooklyn Public Li- tial, support for museums of all sizes to Jefferson County Library System in brary, where I worked for 8 years as a help them continue their operations, the Twelfth Congressional District of librarian. I got a master’s degree from ensure equity of access, and foster cul- Georgia, has contacted me in support the Atlanta University School of Li- ture and education for all our people. of this bill because the people of Jeffer- brary Science, and was a librarian for 8 In addition to operating expenses, son County, the people of the State of years before I went into another line of the act elevates the role of these insti- Georgia and the people of the twelfth work that led to politics. tutes of lifelong learning. Libraries are district benefit from the services pro- But in the history of Federal funding essential to parents and community or- vided by these excellent institutions. of libraries, everything we have done ganizations as they look for innovative With over a dozen higher-educational for libraries, of all the years there has ways to educate our children, our institutions in the twelfth district, this been some kind of Federal assistance it youth, and adults. The business com- bill will ensure continued support for a would not equal the price of one air- munity also has a big interest in excel- key component of a balanced edu- craft carrier. I think that is unfortu- lent libraries, since the knowledge base cation. nate, because we do get a great deal of for job creation, training programs and H.R. 13 provides the essential Federal cost-benefits ratio, a good cost-benefit business development is a significant support for museums and libraries ratio from libraries. portion of library holdings. across this country. As a new member I am particularly interested in the li- In the past 5 years, libraries and mu- brary service as the technology section seums have received hundreds of mil- of the Committee on Education and the of this bill. That section recognizes lions of dollars under this act to ad- Workforce, I was pleased to support that libraries are moving with the dress a wide range of needs, including this bill during its consideration. I mainstream in terms of digitalized and assessment of museum operations, con- look forward to voting for the passage computerized learning, and that it is servation projects, staff training, tech- of this bill, and I urge my colleagues to probably in the forefront. Long before nology upgrades, electronic linkages, join me in that effort. other institutions were utilizing com- resource sharing, and outreach pro- 1030 b puters, we had a cataloging system grams. Mr. HINOJOSA. Mr. Speaker, I yield I know that my own State of Texas that came out of Ohio where we could 5 minutes to the outstanding gen- has benefited from this act, and there catalog any book in the Nation and put tleman from New York (Mr. OWENS). is a project in Weslaco in my congres- it through a computer system, and that Mr. OWENS. Mr. Speaker, I thank sional district which is doing very good one cataloging process could serve all the gentleman for yielding time to me. work with the resources provided by the libraries throughout the Nation. Mr. Speaker, I would like to thank the Federal Government. Cooperation among libraries of var- As the need for lifelong learning be- and congratulate my colleagues who ious kinds has gone on for a long, long comes even greater in the coming dec- worked on this legislation. I also thank time. One of the reasons libraries were ades, this act will become increasingly my colleagues in general for appre- able to deliver so much with so little is vital. We have before us a good exam- ciating the role of libraries and muse- that they have always had those net- ple of Federal, State, and local part- ums. works where they cooperate among li- nerships that deserves our continuing I also would like to issue a new, re- braries in a given system, among li- support. peated challenge to the Members of braries across State borders, among I applaud the leadership for bringing Congress to take a hard look at librar- local libraries and the Library of Con- this bill to the floor and urge all of my ies and see that we have certainly gress. They are models of cooperation colleagues to support H.R. 13. shortchanged them or overlooked their and collaboration. I also want to say that I look forward importance as an institution that gives We should also realize that in times to working with our subcommittee us the greatest bang for the buck. Our of recession when we have difficult eco- chairman, the gentleman from Michi- cost-benefits ratio with libraries is nomic times, the libraries are used gan (Mr. HOEKSTRA), because there are probably greater than any institution more than ever. This is a pattern that many things on the Committee on Edu- that we fund anywhere. started certainly in the Great Depres- cation and the Workforce that we need Mr. HOEKSTRA. Mr. Speaker, will sion. It has not changed. to address. I hope we can work to- the gentleman yield? I understand from my colleagues now gether in calling hearings so that we Mr. OWENS. I yield to the gentleman in library service positions, especially can get the input from the community from Michigan. public libraries, the use of libraries has nationwide as our States are facing big Mr. HOEKSTRA. Mr. Speaker, excuse gone up as the recession has set in. deficits in their respective govern- me for interrupting, but before the gen- People go for very practical purposes: ments and legislatures. I know that ac- tleman continues with his remarks, I They are looking for books that will cess to higher education at the commu- think it would be appropriate that the deal with changes in their occupations, nity colleges and universities is going House recognizes that the gentleman or for various reasons; it is not rec- to be a serious problem because of the from New York (Mr. OWENS) is well- reational reading they go for when cuts that they have to make. versed in this area, I believe being the times are hard. So we should bear that Mr. Speaker, I look forward to look- only librarian, professional librarian, in mind also, that it is an instrument ing at that, and many other issues that as a Member of the House of Represent- by which people are able to change are going to be very important to us atives. their own lives. here in our Nation’s capital. I would like to congratulate the gen- We also have had demonstrated over Mr. Speaker, I reserve the balance of tleman and make that reference before and over again, despite the fact that my time. the gentleman continues his remarks. I people who make budget decisions at

VerDate Jan 31 2003 00:39 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.006 H06PT1 March 6, 2003 CONGRESSIONAL RECORD — HOUSE H1649 the local level often cut libraries first, Mrs. KELLY. Mr. Speaker, I rise ries that come out from the Library that surveys in several cities and local- today in support of H.R. 13, the sole Services and Technology Act, which is ities have established the fact that if Federal agency devoted exclusively to a part of the Museum and Library the public is given the choice, would museums and libraries which partners Services Act, in my home State of you pay more taxes for a particular with schools to educate America’s California. service, libraries are right at the top in young. The Infopeople project provides terms of individuals are willing to pay Museums and libraries have tradi- training and computers for local librar- more taxes in order to keep their li- tionally served us as lifelong centers of ies, assuring public access to the Inter- braries open and keep their libraries learning creating centralized locations net in 530 of our State’s 765 public li- operating at a quality level. That has for the dissemination of information braries. been proven again and again. So in our that provides equal access for Ameri- The University of California in San reluctance to fund libraries, we are cans of all ages. Diego is assisting over 100 libraries and running counter to the perception of As the availability of information in- cultural institutions to recover from the public in terms of an institution creases through the use of computer natural and man-made disasters. where we get our money’s worth. technologies, it is only logical that The County of Los Angeles Public Li- Museums, of course, now serve so museums and libraries expand their brary is training college students to as- many different kinds of purposes. When services in order to fully maximize sist with the library’s Summer Reading we say ‘‘museum,’’ we are not nec- their mission as reference centers, as Program for Children, providing work essarily talking about an art museum. well as to fill the public’s need to ac- experience for students while helping There are museums of all kinds. I have quire the necessary skills to utilize open the door to reading for over 30,000 three grandchildren, and my oldest such technology and reap the benefits of our children. grandson is 5 years old. He has dino- of this expansion of cultural and his- The Family Literacy Program pro- saur books, but when he went to a li- torical knowledge. vides programs and books for infants The money in this bill will be used to brary and saw an exhibit, he came back and children. bring projects and resources that would and wanted to be a paleontologist. The Oceanside Public Library in San not otherwise be available in our com- That big word certainly had meaning Diego County provides health informa- munities to our local libraries and to for him. tion from a mobile vehicle funded this Nation’s fine museums. I hope that in the future we would be through this Act. In my district, libraries provide paid more generous and would be willing to From my own congressional district, mentors that help kids and families in the city of National City, one of the authorize higher sums for these insti- with homework in the library, espe- tutions that have proven their worth poorest cities in California, but blessed cially they try to include parents with a great city librarian, Anne over and over again. whose first language is not English. In Mr. HOEKSTRA. Mr. Speaker, I yield Campbell, this city has funded a large addition to the establishment of the community computer center in the Na- 2 minutes to the gentlewoman from centers, the grant has provided for the tional City Public Library. Over 50,000 New York (Mrs. KELLY). addition of several important learning residents each year have access to elec- Mrs. KELLY. Mr. Speaker, I rise resources to participating libraries’ tronic information, software programs, today in support of H.R. 13. collections. The SPEAKER pro tempore (Mr. The authorization of the MLSA is an Internet and training. Residents are HEFLEY). The gentlewoman will sus- important step to helping students and working on job resumes, e-mailing a pend. other museums and library patrons loved one aboard a Navy ship, running f find the resources and materials that a business, preparing reports for school and 1,000 other uses that we know that RECESS they need to successfully come to- gether and share information about the Internet can provide. The SPEAKER pro tempore. Pursu- Currently, a grant from this Act pro- history and culture. ant to clause 12(b) of rule I, the Chair Passing this legislation will ensure vides Web page design training for high declares the House in emergency recess that libraries and museums across the school students, with real life experi- subject to the call of the Chair. country continue to provide accessible, ences designing Web sites for local Accordingly (at 10 o’clock and 35 safe, dynamic places of learning for all businesses and nonprofit organizations. minutes a.m.), the House stood in re- Americans. From the first class, already two stu- cess subject to the call of the Chair. I urge my colleagues to join me in dents have been hired permanently to f supporting this legislation. continue to update these Web sites. So the digital divide of which we hear a b 1105 Mr. HINOJOSA. Mr. Speaker, I yield 3 minutes to the gentleman from Cali- lot has been narrowed in National City AFTER RECESS fornia (Mr. FILNER). because of the LSTA. The recess having expired, the House Mr. FILNER. Mr. Speaker, I thank We can go on for a long time about was called to order by the Speaker pro the gentleman from Texas (Mr. the stories. These are just a few, but tempore (Mr. CALVERT) at 11 o’clock HINOJOSA) for his leadership on some- they would not be possible without our and 5 minutes a.m. thing that is so important to America, investment in our Nation’s libraries. f and that is, the Museum and Library I urge support of this legislation, and Services Act. I thank the gentleman for yielding. MUSEUM AND LIBRARY SERVICES As my colleague has pointed out, this Mr. HOEKSTRA. Mr. Speaker, I yield ACT OF 2003 bill authorizes $245 million in Federal 2 minutes to the gentleman from Ne- The SPEAKER pro tempore. When assistance for museums and libraries in vada (Mr. GIBBONS). the recess was declared, the House was the coming fiscal year and additional Mr. GIBBONS. Mr. Speaker, I want considering H.R. 13 and 431⁄2 minutes of funds all the way through the end of to thank the gentleman and my friend debate remained. this decade. from Michigan for granting me the The gentleman from Michigan (Mr. A civilized society, Mr. Speaker, time to rise and speak in strong sup- HOEKSTRA) has 221⁄2 minutes remaining must include cultural enrichment, and port of H.R. 13, the Museum and Li- and the gentleman from Texas (Mr. it is one of the responsibilities of our brary Services Act of 2003. HINOJOSA) has 21 minutes remaining. government to support that aspect of Mr. Speaker, America has a moral Prior to the recess, the gentleman our civilization. We get what we pay obligation to support its museums and from Michigan had yielded two min- for. Thanks to our museums and librar- libraries, and throughout our Nation, utes to the gentlewoman from New ies, our citizens become well-rounded libraries are at the forefront of our York (Mrs. KELLY), and the gentle- individuals, and our children are en- reading, education and family literacy woman from New York had 2 minutes couraged to become the best that they programs. Museums are the centerpiece remaining. can be. of our history and civilization, and to- The Chair recognizes the gentle- Let me highlight for a few minutes, gether, our museums and libraries form woman from New York. Mr. Speaker, a few of the success sto- the core of democracy in America.

VerDate Jan 31 2003 00:39 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.008 H06PT1 H1650 CONGRESSIONAL RECORD — HOUSE March 6, 2003 This year, Mr. Speaker, more than better informed about the quality of their the distinguished gentleman from California 865 million people will visit a museum health by gaining up-to-date medical informa- (Mr. MILLER), the ranking member of the in America. Millions of students will tion. The State of California also offers House Committee on Education and the Work- take out their first book and millions through our libraries: force for bringing this important resolution to of families will gather for community Working with Kids@Your Library, an intern- the House floor today. This Member would literacy and learning programs. ship program for undergraduate students tutor- also like to commend the distinguished gen- All of us remember our very first li- ing children in the Summer Reading Program; tleman from Michigan (Mr. HOEKSTRA), chair- brary card. All of us remember our Live Homework Help, a program offering man of the Subcommittee on Select Edu- very first library experience, that first students grades 5–12 online access to tutors, cation, for sponsoring H.R. 13. book and that first story which always or 20 minutes of one-on-one tutoring now Attendance at American museums is now at means so much in our lives, and the available through the Long Beach Public Li- more than 865 million visits per year. Today’s role of libraries in American society is brary; and 21st Century library is not just a provider of and will continue to be critical to our Grapes of Wrath Program in the Long books, as the typical American library coordi- future. Beach Public Library to promoting reading and nates a complete and comprehensive ap- I remember my hometown library, discussion of John Steinbeck’s Pulitzer-prize proach to community development and serv- and I especially remember with great winning book. ices. fondness and respect and admiration Under H.R. 13, the Library Services and The Museum and Library Services Act of for her impact on my life my own Technology section of the Act will provide al- 2003 authorizes Federal assistance to muse- hometown librarian, Martha Gould, most $250 million in special funding to librar- ums and libraries through fiscal year 2009. who now serves on the National Com- ies and museums nationwide. In the past, my The legislation maintains the modest but es- mission on Libraries and Information District received approximately $410,000 to sential Federal support for museums and li- Science. Not only has Martha Gould fund vitally needed programs for libraries and braries across the country; authorizes funds provided technical and institutional museums, and continued funding is required for the one Federal agency—the Institute of knowledge held by libraries in in order for ongoing community needs to be Museum and Library Services—devoted exclu- strengthening America’s homeland de- met. sively to museums and libraries, which are fense, she stands as a stalwart sup- By providing additional grants to states, we natural partners with our nation’s schools; and porter of our library system and works can offer citizens: encourages model cooperation between mu- diligently to ensure that our libraries Greater access to utilizing information elec- seums and libraries. keep up with the 21st century tech- tronically; Mr. Speaker, in closing, this Member urges nology and maintain their core func- Facilitate electronic and other linkages be- his colleagues to support H.R. 13. tion of providing all Americans with tween all kinds of libraries; Mr. BOEHNER. Mr. Speaker, this year more the means and capabilities of pre- Create public and private partnerships with than 865 million people will visit a museum in serving and protecting democracy. external community-based groups and other America and millions will use their local library I urge all my colleagues to support agencies; for books and other community services. Li- H.R. 13 for our Nation, and for the fu- Direct library services to people of distinct braries and museums play a vital role in edu- ture generations of America. cultural, geographic and socioeconomic back- cating our children and promoting commu- Mr. HINOJOSA. Mr. Speaker, I yield grounds, as well as to persons with disabil- nities. back the balance of my time. ities, and those with limited literacy skills; and Throughout our Nation, libraries are at the Mr. HOEKSTRA. Mr. Speaker, I have Tailor library and information services to forefront of reading and family literacy pro- no further requests for time. I thank people experiencing difficulty using libraries, grams. Libraries are critical to many people my colleague for helping us move this including children from low-income families, with disabilities, providing them with special- bill and encourage all of our colleagues and individuals living in underserved urban ized materials and resources that are obtain- to vote in support of this reauthoriza- and rural areas. able in a single accessible location. For those tion. Under H.R. 13, our museums will be better persons of limited financial resources or who Ms. MILLENDER-MCDONALD. Mr. Speaker, able to continue their tradition of public service live in remote areas, libraries provide access I stand before you today to offer my support by integrating all of society to the natural, cul- to books and reference materials, computer of H.R. 13, the Museum and Library Services tural, historic, artistic and scientific aspects of services, and other community-based serv- Act of 2003 authorizing our federal library and our heritage. In my District, I am a proud ad- ices. museum programs under the Institute of Mu- vocate of the Museum of Latin American Art in Museums across the country work with local seum and Library Services. As a former edu- the City of Long Beach, which is distinguished schools to provide K–12 educational program- cator and life-long supporter of the arts, I fer- as the only museum in the western United ming. They are an important source of cultural vently believe we must reauthorize the Mu- States to only feature contemporary Latin and historical knowledge for people, as they seum and Library Services Act, and do much American art. learn about the history and traditions of our more to promote libraries and literacy, and to By passing H.R. 13, we will help our muse- country and other places around the world. In help art in all of its forms to continue to flour- ums by: promoting the educational roles addition, museums serve as places where ish. played by museums; and extending the ex- people of different backgrounds come together We must do all we can to encourage the change of resources and promoting partner- to share information about history, culture, and growth of such institutions, which help to en- ships among schools, libraries, museums, and civilization. lighten us regarding our rich and diverse cul- other community groups. Under the leadership of Chairman HOEK- tural heritage. Because we live in an era when life-long STRA in the last Congress, the Education and We have a strong tradition of providing our and distance learning are essential to increas- the Workforce Committee worked in a bipar- citizens with world-class library services and ing citizens’ access to education and voca- tisan manner to report the Museum and Li- museums. Under H.R. 13, library services na- tional opportunities, it is critical that we provide brary Services Act of 2002. That bill had 94 tionwide will be enhanced in order to better our libraries with the maximum support nec- cosponsors, was supported by the Bush Ad- meet the needs of all Americans by: extending essary for them to carry out their missions. At ministration, and had been endorsed by the access to information for citizens in all types the same time, we must assist our museums American Library Association, the Chief Offi- of libraries and thus increase citizens’ knowl- so that they may keep raising our awareness cers of State Library Agencies, and the Amer- edge, and assisting libraries in more effec- and enrich our communities through art. ican Association of Museums. The Museum tively sharing resources to promote the Mr. BEREUTER. Mr. Speaker, as a cospon- and Library Services Act of 2003 is very simi- streamlined delivery of services. sor of the resolution, this Member wishes to lar to last year’s bill, and with 126 cosponsors, In my District, the County of Los Angeles add his strong support for the Museums and it builds on the bipartisan bill reported by the Public Library offers CHIPS, a consumer Library Services Act (H.R. 13), as museums Committee on Education and the Workforce health information program located in the City and libraries certainly are a vital part of our last year. of Carson. This invaluable service offers my society. The legislation before the House today constituents information and referrals, re- This Member would like to commend the funds the Institute of Museum and Library sponds to reference questions and circulates distinguished gentleman from Ohio (Mr. Services, a federal agency devoted exclusively health materials to the community. Through BOEHNER), the Chairman of the House Com- to museums and libraries, which partner with CHIPS, constituents in my District can become mittee on Education and the Workforce, and our Nation’s schools. It consolidates museum

VerDate Jan 31 2003 00:39 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 E:\CR\FM\K06MR7.011 H06PT1 March 6, 2003 CONGRESSIONAL RECORD — HOUSE H1651 and library board activities to reduce unneces- the 12th District of New Jersey. The South quorum is not present and make the sary paperwork and duplication. In addition, Brunswick Public Library has been fortunate to point of order that a quorum is not the reauthorization of the Museum and Library receive funding from the Library Services and present. Services Act is an important next step in en- Technology Act (LSTA) grants. Their Com- The SPEAKER pro tempore. Evi- suring that the President’s education reforms puter Training Center, established in part by dently a quorum is not present. signed into law last year are properly imple- these funds serves hundreds of people each The Sergeant at Arms will notify ab- mented. H.R. 13 requires that all library activi- week. The center not only provides free Inter- sent Members. ties are coordinated with activities under the net access, but it provides the training many Pursuant to clauses 8 and 9 of rule No Child Left Behind Act, President Bush’s people need to use the Internet on their own. XX, this 15-minute vote on passage of landmark education reform legislation. Robert Weidlich of Kendall Park, NJ, turned H.R. 13 may be followed by a 5-minute First Lady Laura Bush, a former librarian, to the library when he began suffering chronic vote, if ordered, on approving the Jour- supports reauthorization of the Museum and back pain brought about by hunching over a nal. Library Services Act. Mr. MILLER, the ranking microscope all day, conducting medical re- The vote was taken by electronic de- Democrat on our Committee is a cosponsor of search in a nearby company. He wanted to vice, and there were—yeas 416, nays 2, this legislation—I would like to thank him for find the internal source of his pain, which his not voting 16, as follows: his support. Mr. HOEKSTRA has put together a doctors had not been able to do. At the library, [Roll No. 47] staff helped Weidlich use the library’s collec- good, bipartisan bill and I encourage my col- YEAS—416 leagues to support the legislation and our Na- tions and electronic sources to tap into the medical sources and the latest research from Abercrombie Cooper Gutknecht tion’s museums and libraries. Ackerman Costello Hall Mr. HOLT. Mr. Speaker, as an educator and all over the world. He became a regular at the Aderholt Cox Harman avid reader, it’s always a special pleasure to computer center, spending many hours logged Akin Cramer Harris visit a library or a museum. Libraries safe- on the Internet to learn about disorders of the Alexander Crane Hart Allen Crenshaw Hastings (FL) guard our freedom and keep democracy spinal cord and back. As a result of his re- Andrews Crowley Hastings (WA) healthy. Museums and libraries preserve the search, he located the unusual source of his Baca Cummings Hayes past and offer brighter futures to all of us. pain—a damaged ligament in the lumbar re- Bachus Cunningham Hayworth gion of his back. With his new understanding Baird Davis (AL) Hefley They are true community assets. That is why Baker Davis (CA) Hensarling I was pleased to be an original cosponsor of of the problem, he was able to invent ways to Baldwin Davis (FL) Herger H.R. 13, the Museum and Library Services mechanically support his back so that he Ballance Davis (IL) Hill Act. could go on with his life. Ballenger Davis (TN) Hinchey Barrett (SC) Davis, Jo Ann Hinojosa Libraries are often referred to as the ‘‘Peo- Peter Gao of Monmouth Junction, gleefully Bartlett (MD) Davis, Tom Hobson ple’s University.’’ It is a fitting name. reported that he was able to find a new job at Barton (TX) Deal (GA) Hoeffel Libraries provide all of us with free access the post office because of the assistance the Bass DeFazio Hoekstra library provided in his job search when he re- Beauprez DeGette Holden to a fabulous wealth of information. In this in- Becerra Delahunt Holt creasingly technology-driven society, they cently lost his programming position at Dow Bell DeLauro Honda speak directly to what we call the Digital Di- Jones. Bereuter DeLay Hooley (OR) vide. A recent survey by the Department of Greta Ji passed the Yale law school tests Berkley DeMint Hostettler with a top score, thanks to the materials and Berman Deutsch Houghton Commerce found that our libraries are the No. Berry Diaz-Balart, L. Hoyer 1 point of access for those who do not have computer access that she obtained through Biggert Diaz-Balart, M. Hulshof Internet access at home or at work. Today, 90 the library. Bilirakis Dicks Hyde percent of public libraries have some kind of Dan Guerra, a family lawyer, regularly uses Bishop (GA) Dingell Inslee the library in his research, and especially finds Bishop (NY) Doggett Isakson Internet connection. Bishop (UT) Dooley (CA) Israel Research also shows us that Americans the databases helpful. Blackburn Doolittle Issa visit libraries 3.5 billion times each year; 1.6 Finally, the Investments Club utilizes all our Blumenauer Doyle Istook billion items are borrowed annually from public resources to keep abreast of the latest market Blunt Dreier Jackson (IL) developments. None of the Club members Boehlert Duncan Jackson-Lee libraries; and research librarians answer 7 mil- Boehner Dunn (TX) lion questions every week. have computers at home, nor could they indi- Bonilla Edwards Janklow Clearly libraries are responding not only to vidually afford the financial databases they like Bonner Ehlers Jefferson to check at their weekly meetings. Senior citi- Bono Emanuel Jenkins the daunting challenges of the Information Age Boozman Emerson John and to the changing needs of our commu- zens like Leona Bouthwell, can now regularly Boswell Engel Johnson (CT) nities, but they are continuing to serve all of check her investments and look up consumer Boucher English Johnson (IL) their traditional roles as well. information. Boyd Eshoo Johnson, E. B. These are examples of how important librar- Bradley (NH) Evans Johnson, Sam Libraries are also true community centers. Brady (PA) Everett Jones (NC) They create environments where students can ies are to me and millions of other Americans. Brady (TX) Farr Jones (OH) do their homework, townspeople can gather, Mr. Speaker, Carl Rowan, a noted journalist, Brown (OH) Fattah Kanjorski families can interact, seniors can learn new once said, ‘‘The library is the temple of learn- Brown (SC) Feeney Kaptur ing, and learning has liberated more people Brown, Corrine Ferguson Keller skills, and job seekers can find advice. They Brown-Waite, Filner Kelly are forums building partnerships, linking with than all the wars in history.’’ Ginny Fletcher Kennedy (MN) everyone from garden clubs to Head Start pro- I look forward to the passage of H.R. 13 the Burgess Foley Kennedy (RI) Museum and Library Services Act. Burns Forbes Kildee grams to extend their reach throughout our Mr. HOEKSTRA. Mr. Speaker, I yield Burr Ford Kilpatrick communities. Burton (IN) Fossella Kind back the balance of my time. Buyer Frank (MA) King (IA) Throughout our country, libraries serve as, The SPEAKER pro tempore. All time the catalyst for economic revitalization, bring- Calvert Franks (AZ) King (NY) for debate has expired. Camp Frelinghuysen Kingston ing together our communities civic and social Pursuant to the order of the House of Cannon Frost Kirk leaders. They provide reading material for Tuesday, March 4, 2003, the bill is con- Cantor Gallegly Kleczka people of all ages by sending books into ma- Capito Garrett (NJ) Kline sidered read for amendment and the Capps Gerlach Knollenberg ternity wards, setting up reading stations in previous question is ordered. Capuano Gibbons Kolbe pediatrician’s offices, developing teen centers, The question is on the engrossment Cardin Gilchrest Kucinich and establishing mobile book carts in nursing Cardoza Gillmor LaHood and third reading of the bill. Carson (IN) Gingrey Lampson homes and senior centers. The bill was ordered to be engrossed Carson (OK) Gonzalez Langevin I am currently observing the improvements and read a third time, and was read the Carter Goode Lantos at my own Princeton public library that are third time. Case Goodlatte Larsen (WA) traceable to this authorization bill. The library The SPEAKER pro tempore. The Castle Gordon Larson (CT) Chabot Goss Latham is in the process of constructing a state of the question is on the passage of the bill. Chocola Granger LaTourette art library security, inventory, and circulation The question was taken; and the Clay Graves Leach system that will allow library users to automati- Speaker pro tempore announced that Clyburn Green (TX) Lee Coble Green (WI) Levin cally check in and check out books. ayes appeared to have it. Cole Greenwood Lewis (CA) Let me cite some other examples of how Mr. HOEKSTRA. Mr. Speaker, I ob- Collins Grijalva Lewis (GA) our local libraries are helping people all across ject to the vote on the ground that a Combest Gutierrez Lewis (KY)

VerDate Jan 31 2003 00:39 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.009 H06PT1 H1652 CONGRESSIONAL RECORD — HOUSE March 6, 2003 Linder Pastor Shuster Violence Against Women.’’ Had I been separately, not in legislation whose title is the Lipinski Payne Simmons LoBiondo Pearce Simpson present, I would have voted ‘‘yea.’’ ‘‘Armed Forces Tax Fairness Act.’’ Lofgren Pelosi Skelton Mr. ORTIZ. Mr. Speaker, during rollcall vote The SPEAKER pro tempore. The Lowey Pence Slaughter No. 47 on March 6, 2003, I was unavoidably question is on the motion to adjourn Lucas (KY) Peterson (MN) Smith (MI) detained. Had I been present, I would have offered by the gentleman from Ten- Lynch Peterson (PA) Smith (NJ) voted ‘‘yea.’’ nessee (Mr. COOPER). Majette Petri Smith (TX) Maloney Pickering Smith (WA) f The question was taken; and the Manzullo Pitts Solis Speaker pro tempore announced that MOTION TO ADJOURN Markey Platts Souder the noes appeared to have it. Marshall Pombo Spratt Mr. COOPER. Mr. Speaker, I offer a Matheson Pomeroy RECORDED VOTE Stark privileged motion. Matsui Porter Stearns Mr. COOPER. Mr. Speaker, I demand McCarthy (MO) Portman The SPEAKER pro tempore. The Stenholm a recorded vote. McCarthy (NY) Price (NC) Strickland Clerk will report the motion. McCollum Pryce (OH) A recorded vote was ordered. Sullivan The Clerk read as follows: McCotter Putnam Sweeney The vote was taken by electronic de- Mr. COOPER moves that the House do now McCrery Quinn Tancredo McDermott Radanovich adjourn. vice, and there were—ayes 63, noes 358, Tanner answered ‘‘present’’ 1, not voting 12, as McGovern Rahall Tauscher McHugh Ramstad Mr. COOPER. Mr. Speaker, I am an unlikely Tauzin follows: McInnis Rangel radical. I called for a motion to adjourn today, Taylor (MS) McIntyre Regula [Roll No. 48] Taylor (NC) that disrupted normal House business, in McKeon Rehberg AYES—63 Terry order to highlight one of the smelliest pieces McNulty Renzi Thomas Allen Hoyer Olver Meehan Reyes of legislation in recent memory. Sunshine is Thompson (CA) Andrews Jackson (IL) Owens Meek (FL) Reynolds the best disinfectant, and this bill, although it Thompson (MS) Ballance Jackson-Lee Pallone Meeks (NY) Rodriguez Thornberry is labeled as helpful to our military men and Berry (TX) Menendez Rogers (AL) Pastor Tiahrt Brown (OH) Johnson, E. B. Mica Rogers (KY) women, needs lots of sunshine and lots of dis- Pelosi Tiberi infectant so that a new, improved bill can be Capuano Jones (OH) Price (NC) Michaud Rogers (MI) Cardoza Kucinich Miller (FL) Rohrabacher Tierney truly helpful to our military. Rangel Toomey Carson (IN) Lantos Rush Miller (MI) Ross Clay Larsen (WA) Towns I felt compelled to rise in reluctant opposi- Ryan (OH) Miller, Gary Rothman Cooper Lee Turner (OH) tion to H. Res. 126 and H.R. 878, the rule for Sabo Miller, George Roybal-Allard Crowley Levin Turner (TX) Schakowsky Mollohan Royce debate and the ‘‘Armed Forces Tax Fairness Dingell Lewis (GA) Moore Ruppersberger Udall (CO) Schiff Udall (NM) Act.’’ I am one of the strongest supporters of Doggett Lynch Moran (KS) Rush Stark Upton our National Guard and Reserve, but this bill Evans Markey Moran (VA) Ryan (OH) Tanner Velazquez Farr McDermott Murphy Ryan (WI) is not good enough for them. It only grants a Taylor (MS) Visclosky Filner McGovern Murtha Ryun (KS) tiny fraction of the tax relief that our Guard Ford McNulty Thompson (MS) Musgrave Sabo Vitter Walden (OR) and Reserve deserve, and it is a bill loaded Frank (MA) Miller (NC) Tierney Myrick Sanchez, Linda Grijalva Miller, George Towns Nadler T. Walsh with special interest provisions that have noth- Hastings (FL) Moran (VA) Velazquez Napolitano Sanchez, Loretta Wamp ing to do with the Guard and Reserve, Hinchey Oberstar Woolsey Neal (MA) Sanders Waters Fortunately, the Republicans have now Watson Honda Obey Nethercutt Sandlin pulled the bill from the floor because I think Ney Saxton Watt NOES—358 Northup Schakowsky Waxman they were beginning to notice the stink that Abercrombie Calvert Ehlers Norwood Schiff Weiner their legislation was causing. I hope that we Ackerman Camp Emanuel Nunes Schrock Weldon (FL) will vote on an improved bill very soon be- Aderholt Cannon Emerson Nussle Scott (GA) Weldon (PA) Akin Cantor Engel Oberstar Scott (VA) Weller cause our service men and women deserve a Alexander Capito English Obey Sensenbrenner Whitfield clean, strong bill to give them tax relief now. Baca Capps Eshoo Olver Serrano Wicker Newspapers across the nation have de- Bachus Cardin Everett Osborne Sessions Wilson (NM) nounced H.R. 878 with headlines such as, Baird Carson (OK) Fattah Ose Shadegg Wilson (SC) Baker Carter Feeney Otter Shaw Wolf ‘‘Help Soldiers, Not Gamblers,’’ but many Baldwin Case Ferguson Owens Shays Woolsey members still feel compelled to vote for it on Ballenger Castle Flake Oxley Sherman Wu final passage because it does still contain Barrett (SC) Chabot Fletcher Pallone Sherwood Wynn Bartlett (MD) Chocola Foley Pascrell Shimkus Young (FL) some relief for our men and women in uni- form. That is a devil’s bargain. We should not Barton (TX) Clyburn Forbes NAYS—2 Bass Coble Fossella be blackmailed into accepting special interest Beauprez Cole Franks (AZ) Flake Paul tax provisions just because they are packaged Becerra Collins Frelinghuysen NOT VOTING—16 with all too meager tax breaks for our Guard Bell Combest Frost and Reserved. Especially in a time of war, the Bereuter Costello Gallegly Conyers Lucas (OK) Snyder Berkley Cox Garrett (NJ) Cubin Millender- Stupak U.S. House of Representatives should honor Berman Cramer Gerlach Culberson McDonald Van Hollen and reward our Guard and Reserve, and not Biggert Crane Gibbons Etheridge Miller (NC) Wexler limit their benefits as this bill does. Above all Bilirakis Crenshaw Gilchrest Gephardt Ortiz Young (AK) Bishop (GA) Cummings Gillmor Hunter Ros-Lehtinen we should not load it with lobbyists’ dream Bishop (NY) Cunningham Gingrey lists of special interest tax provisions, such as Bishop (UT) Davis (AL) Gonzalez ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE a tax relief for foreign gamblers. Blackburn Davis (CA) Goode The SPEAKER pro tempore (Mr. CAL- The Republicans majority are using our Blumenauer Davis (FL) Goodlatte Blunt Davis (IL) Gordon VERT) (during the vote). Members are Guard and Reserve as human shields for their advised that 2 minutes remain in this Boehlert Davis (TN) Goss special interests selfishness. They should Boehner Davis, Jo Ann Granger vote. have allowed a substitute to be offered so that Bonilla Davis, Tom Graves Congress could vote for either their bill, with Bonner Deal (GA) Green (TX) b 1135 Bono DeFazio Green (WI) $189 million in tax benefits for our Guard and Boozman DeGette Greenwood So the bill was passed. Reserve over 10 years, or the Democrats and Boswell Delahunt Gutierrez The result of the vote was announced Senate Finance Committee bills with $851 in Boucher DeLauro Gutknecht Boyd DeLay Hall as above recorded. tax relief for our troopers. A fair vote on these Bradley (NH) DeMint Harman A motion to reconsider was laid on two bills was denied the House, under the Brady (PA) Deutsch Harris the table. rule, H. Res. 126, and that’s why I am oppos- Brady (TX) Diaz-Balart, L. Hart Stated for: Brown (SC) Diaz-Balart, M. Hastings (WA) ing not only the bill but also the rule. Brown, Corrine Dicks Hayes Mr. MILLER of North Carolina. Mr. Speaker, Who would have thought that the Repub- Brown-Waite, Dooley (CA) Hayworth on rollcall No. 47, I was unavoidably detained. lican majority would add tax breaks for for- Ginny Doolittle Hefley Had I been present, I would have voted ‘‘yea.’’ eigners who bet on U.S. horse races to the Burgess Doyle Hensarling Burns Dreier Herger Ms. MILLENDER-MCDONALD. Mr. Speaker, bill, or tax relief for bow and arrow manufac- Burr Duncan Hill on rollcall No. 47, I was detained by a group turers, or tax breaks for mixing diesel fuel with Burton (IN) Dunn Hinojosa of women constituents speaking on a panel on water. These provisions should be considered Buyer Edwards Hobson

VerDate Jan 31 2003 02:27 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.004 H06PT1 March 6, 2003 CONGRESSIONAL RECORD — HOUSE H1653 Hoeffel Meeks (NY) Sandlin THE JOURNAL Linder Paul Shays Hoekstra Menendez Saxton Lipinski Payne Sherman Holden Mica Schrock The SPEAKER pro tempore. Pursu- Lofgren Pearce Sherwood Holt Michaud Scott (GA) ant to clause 8 of rule XX, the pending Lowey Pelosi Shimkus Hooley (OR) Millender- Scott (VA) business is the question of the Speak- Lucas (KY) Pence Shuster Hostettler McDonald Sensenbrenner Lynch Petri Simmons Houghton Miller (FL) Serrano er’s approval of the Journal of the last Majette Pickering Simpson Hulshof Miller (MI) Sessions day’s proceedings. Markey Pitts Skelton Hyde Miller, Gary Shadegg Marshall Platts Smith (MI) Inslee Mollohan The question is on the Speaker’s ap- Matheson Pombo Smith (NJ) Shaw proval of the Journal. Isakson Moore Shays McCarthy (MO) Pomeroy Smith (TX) Israel Moran (KS) Sherman The question was taken; and the McCarthy (NY) Porter Smith (WA) Issa Murphy Sherwood Speaker pro tempore announced that McCotter Portman Solis Istook Murtha Shimkus McCrery Price (NC) Souder Janklow Musgrave the ayes appeared to have it. McHugh Pryce (OH) Spratt Shuster Jefferson Myrick McInnis Putnam Stark Simmons RECORDED VOTE Jenkins Nadler McIntyre Quinn Stearns Simpson John Napolitano Mr. SHERMAN. Mr. Speaker, I de- McKeon Radanovich Stenholm Skelton Johnson (CT) Neal (MA) mand a recorded vote. Meehan Rahall Sullivan Slaughter Johnson (IL) Nethercutt A recorded vote was ordered. Meek (FL) Rangel Tauscher Johnson, Sam Ney Smith (MI) Meeks (NY) Regula Tauzin Jones (NC) Northup Smith (NJ) The SPEAKER pro tempore. This Menendez Rehberg Taylor (NC) Kanjorski Norwood Smith (TX) will be a 5-minute vote. Mica Renzi Terry Smith (WA) Kaptur Nunes The vote was taken by electronic de- Michaud Reyes Thomas Keller Nussle Solis Millender- Reynolds Thornberry Kelly Ortiz Souder vice, and there were—ayes 359, noes 48, McDonald Rodriguez Tiahrt Kennedy (MN) Osborne Spratt answered ‘‘present’’ 1, not voting 26, as Miller (FL) Rogers (AL) Tiberi Kennedy (RI) Ose Stearns follows: Miller (MI) Rogers (KY) Tierney Kildee Otter Stenholm Miller (NC) Rogers (MI) Toomey Kilpatrick Oxley Strickland [Roll No. 49] Miller, Gary Rohrabacher Towns Kind Pascrell Sullivan AYES—359 Mollohan Ross Turner (OH) King (IA) Payne Sweeney Moore Rothman Turner (TX) King (NY) Pearce Tancredo Ackerman Combest Gutierrez Moran (VA) Roybal-Allard Upton Kingston Pence Tauscher Aderholt Cooper Hall Murphy Royce Velazquez Kirk Peterson (MN) Tauzin Akin Cox Harman Murtha Ruppersberger Vitter Kleczka Peterson (PA) Taylor (NC) Alexander Cramer Harris Myrick Rush Walden (OR) Kline Petri Terry Allen Crenshaw Hart Nadler Ryan (OH) Walsh Knollenberg Pickering Thomas Andrews Crowley Hastings (WA) Napolitano Ryan (WI) Wamp Kolbe Pitts Thompson (CA) Baca Cummings Hayes Neal (MA) Ryun (KS) Watson Bachus Cunningham Hayworth LaHood Platts Thornberry Nethercutt Sanchez, Linda Watt Baker Davis (AL) Hensarling Lampson Pombo Tiahrt Ney T. Waxman Ballance Davis (CA) Herger Langevin Pomeroy Tiberi Northup Sanchez, Loretta Weiner Ballenger Davis (FL) Hill Larson (CT) Porter Toomey Norwood Sandlin Weldon (FL) Barrett (SC) Davis (IL) Hobson Latham Portman Turner (OH) Nunes Saxton Weldon (PA) Bartlett (MD) Davis (TN) Hoeffel LaTourette Pryce (OH) Turner (TX) Nussle Schiff Whitfield Leach Putnam Bass Davis, Jo Ann Hoekstra Ortiz Schrock Wicker Udall (CO) Beauprez Davis, Tom Holden Lewis (CA) Quinn Udall (NM) Osborne Scott (GA) Wilson (NM) Lewis (KY) Radanovich Becerra Deal (GA) Honda Ose Scott (VA) Wilson (SC) Upton Bell DeGette Hooley (OR) Linder Rahall Visclosky Otter Sensenbrenner Wolf Lipinski Ramstad Berkley Delahunt Hostettler Vitter Owens Serrano Woolsey LoBiondo Regula Berman DeLauro Houghton Oxley Sessions Wynn Walden (OR) Lofgren Rehberg Berry DeLay Hoyer Pallone Shadegg Young (AK) Walsh Lowey Renzi Biggert DeMint Hyde Pascrell Shaw Young (FL) Wamp Lucas (KY) Reyes Bilirakis Deutsch Inslee Waters Majette Reynolds Bishop (GA) Dicks Isakson NOES—48 Watson Bishop (NY) Dingell Israel Maloney Rodriguez Baird Johnson, E. B. Ramstad Watt Bishop (UT) Doggett Issa Manzullo Rogers (AL) Baldwin Kennedy (MN) Sabo Waxman Blackburn Doyle Istook Marshall Rogers (KY) Brady (PA) Larsen (WA) Schakowsky Weiner Blumenauer Dreier Jackson (IL) Matheson Rogers (MI) Capuano LoBiondo Slaughter Weldon (FL) Blunt Duncan Jackson-Lee Matsui Rohrabacher Clay Maloney Strickland Weldon (PA) Boehlert Dunn (TX) McCarthy (MO) Ross Costello McDermott Sweeney Boehner Edwards Janklow McCarthy (NY) Rothman Weller Crane McGovern Tanner Bonilla Ehlers Jefferson McCollum Roybal-Allard Whitfield DeFazio McNulty Taylor (MS) Bonner Emanuel Jenkins McCotter Royce Wicker Filner Miller, George Thompson (CA) Bono Emerson John McCrery Ruppersberger Wilson (NM) Fossella Moran (KS) Thompson (MS) Boozman Engel Johnson (CT) McHugh Ryan (WI) Wilson (SC) Gutknecht Musgrave Udall (CO) Boswell Eshoo Johnson (IL) McInnis Ryun (KS) Wolf Hastings (FL) Oberstar Udall (NM) Boucher Evans Johnson, Sam McIntyre Sanchez, Linda Wu Hefley Obey Visclosky Boyd Everett Jones (NC) McKeon T. Wynn Hinchey Olver Waters Bradley (NH) Farr Jones (OH) Meehan Sanchez, Loretta Young (AK) Holt Pastor Weller Brady (TX) Fattah Kanjorski Meek (FL) Sanders Young (FL) Hulshof Peterson (MN) Wu Brown (OH) Feeney Kaptur ANSWERED ‘‘PRESENT’’—1 Brown (SC) Ferguson Keller ANSWERED ‘‘PRESENT’’—1 Brown, Corrine Flake Kelly Paul Brown-Waite, Fletcher Kennedy (RI) Tancredo NOT VOTING—12 Ginny Foley Kildee NOT VOTING—26 Burgess Forbes Kilpatrick Conyers Gephardt Snyder Burns Ford Kind Abercrombie Doolittle McCollum Cubin Hunter Stupak Burr Frank (MA) King (IA) Barton (TX) English Peterson (PA) Culberson Lucas (OK) Van Hollen Burton (IN) Franks (AZ) King (NY) Bereuter Etheridge Ros-Lehtinen Etheridge Ros-Lehtinen Wexler Buyer Frelinghuysen Kingston Conyers Gephardt Sanders Calvert Frost Kirk Cubin Hinojosa Snyder ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Camp Gallegly Kleczka Culberson Hunter Stupak Cannon Garrett (NJ) Kline Diaz-Balart, L. Lucas (OK) The SPEAKER pro tempore (Mr. CAL- Van Hollen Cantor Gerlach Knollenberg Diaz-Balart, M. Manzullo Wexler VERT) (during the vote). Members are Capito Gibbons Kolbe Dooley (CA) Matsui Capps Gilchrest Kucinich reminded that there are 2 minutes re- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE maining in this vote. Cardin Gillmor LaHood Cardoza Gingrey Lampson The SPEAKER pro tempore (during Carson (IN) Gonzalez Langevin the vote). Members are reminded they b 1151 Carson (OK) Goode Lantos have 2 minutes left in this vote. Carter Goodlatte Larson (CT) Mr. HONDA and Mr. SCHIFF changed Case Gordon Latham their vote from ‘‘no’’ to ‘‘aye.’’ Castle Goss LaTourette b 1159 Chabot Granger Leach So the motion to adjourn was re- Chocola Graves Lee So the Journal was approved. jected. Clyburn Green (TX) Levin The result of the vote was announced Coble Green (WI) Lewis (CA) The result of the vote was announced Cole Greenwood Lewis (GA) as above recorded. as above recorded. Collins Grijalva Lewis (KY) Stated for:

VerDate Jan 31 2003 00:53 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.006 H06PT1 H1654 CONGRESSIONAL RECORD — HOUSE March 6, 2003 Mr. MARIO DIAZ-BALART of Florida. Mr. Automatic Defibrillation in Adam’s knows, there were concerns raised by Speaker, on rollcall No. 49. Had I been Memory Act, the Organ Donation Im- our Members and as well as the gentle- present, I would have voted ‘‘aye.’’ provement Act, the Mosquito Abate- man’s Members, and we felt compelled Mr. VAN HOLLEN. Mr. Speaker, on rollcall ment for Safety and Health Act, the that we needed to address those con- Nos. 47, 48, and 49, I was unavoidably de- Birth Defects and Developmental Dis- cerns before we actually bring it to the tained. Had I been present, I would have abilities Prevention Act. We will also floor, and that is what we are going to voted ‘‘aye’’ on these rollcalls. consider a bill addressing medical er- try to do in the next several days, and f rors. We expect several of those meas- hopefully, we will get a bill that every- ures to be considered under suspension body can vote for. REMOVAL OF NAME OF MEMBER of the rules. Mr. HOYER. Mr. Speaker, I thank AS COSPONSOR OF H.R. 684 On Thursday, we expect to consider the gentleman for that information. Mrs. JONES of Ohio. Mr. Speaker, I H.R. 5, the HEALTH Act, to improve To press the point, I understand that ask unanimous consent to have my patients’ access to health care and re- my colleagues need to work on that name removed as a cosponsor of H.R. duce health care costs by reforming and try to work out whatever problems 684, the District of Columbia Student our medical liability system, and that existed, but in light of that, it is the Opportunity Scholarship Act of 2003. I is the schedule for next week. gentleman’s expectation he will be able was signed on by mistake. I thank the gentleman for yielding to work out those problems next week The SPEAKER pro tempore. Is there and happy to answer any questions. so we can pass this bill in a form that Mr. HOYER. Mr. Speaker, I thank objection to the request of the gentle- will allow us to pass it with the over- the gentleman for his information. whelming support that I think it has woman from Ohio? I want to tell the gentleman I am of on this floor if it is the base bill? I There was no objection. two minds on the fact that we have re- yield to my friend. f moved from floor consideration the Mr. DELAY. Mr. Speaker, I appre- RECESS Armed Forces Tax Fairness Act. Of two ciate the gentleman yielding. minds because I think all of us agree The SPEAKER pro tempore. Pursu- I want this bill as much as anybody. that the underlying bill was a bill that It is very, very important, as the gen- ant to clause 12(a) of rule I, the Chair we should have passed today, indeed declares the House in recess subject to tleman has already stated. It is impor- yesterday or the day before yesterday. tant to give our military families the the call of the Chair. It is an Act that tells our service peo- tax relief that they deserve, and we Accordingly (at noon), the House ple that we are sending into harm’s want to do this. stood in recess subject to the call of way that we want to make sure that we the Chair. I remind the gentleman that this bill, can limit the financial consequences of the Military Armed Services Tax Fair- f that service to country, as much as we ness Act, has passed this House almost possibly can. b 1301 unanimously twice, and we hope that So I lament the fact that we have AFTER RECESS had that removed from the schedule. we can get it up here just as soon as However, I say I am of two minds be- possible. As soon as we get everything The recess having expired, the House ironed out and the bill ripens a little was called to order by the Speaker pro cause I am pleased that it was removed because we added to that bill extra- bit, we will bring it to the floor. tempore (Mr. LATOURETTE) at 1 o’clock Mr. HOYER. Reclaiming my time, and 1 minute p.m. neous pieces of legislation, which in and of themselves individually may and in an effort again to be helpful, I f have been subject to worthy debate. think that the majority leader is cor- rect. Everybody wants this bill to pass, LEGISLATIVE PROGRAM There was some in there that I thought were not, but having said that, I would and the shame of it not passing today (Mr. HOYER asked and was given is, I am sure the gentleman shares, is permission to address the House for 1 hope that when this bill is reported back that it can be presented in a form that we somehow sent a message to our minute.) that all 435 of us can vote for, because Armed Forces personnel arrayed across Mr. HOYER. Mr. Speaker, I yield to 435 of us, in my opinion, are for it. this globe, and particularly in the Mid- the gentleman from Texas (Mr. So, as I say, I am of two minds. I am dle East, at risk and they look to this DELAY), the distinguished majority sorry that it is delayed, but I am sure capital and know full well that this bill leader for purposes of inquiring about that it will come back, hopefully soon, is passed with over 400 votes and must the calendar. and that we can pass it in the form be concluding to themselves that it Mr. DELAY. Mr. Speaker, I appre- that all of us support it, and I would was politics and political division that ciate the Whip yielding to me, and I ask the gentleman, in that vein, does undermined the passage this day. would note, Mr. Speaker, that the the gentleman know if this bill will be So I know my colleague is working House has completed its business for coming back next week? towards this objective. This is not a the week. Mr. DELAY. Mr. Speaker, will the criticism of the gentleman, and it was While we expected to consider the gentleman yield? an open session in the Committee on Armed Services Tax Fairness Act Mr. HOYER. I yield to the gentleman Ways and Means, and as my colleague today, some problems with the bill from Texas. recalls, I am sure, the gentleman from have arisen, and we intend to work Mr. DELAY. Mr. Speaker, first, I ap- Iowa (Mr. NUSSLE), the chairman of the through those problems over the next preciate the gentleman’s concerns. I Committee on the Budget, a Repub- several days and hope to consider the might also add, the gentleman should lican, raised the issue that this was a bill in the very near future. never have to apologize for a delay, but real problem, in open session, in com- Mr. Speaker, if the gentleman would as the gentleman knows, the Com- mittee. continue to yield. mittee on Ways and Means worked on So it was obviously on both sides of Mr. HOYER. I would be glad to yield this bill and marked it up last week in the aisle that we are concerned about to my friend. open process and within the rules of the fact that we politicized an other- Mr. DELAY. The House will convene their committee and the House and wise bipartisan, nonpartisan objective on Tuesday at 12:30 p.m. for morning many of the provisions that were added that we wanted to achieve, and I look hour and 2 p.m. for legislative business. to the Military Tax Fairness bill were forward to that coming back hopefully We will consider several measures added, in many cases, by voice vote and in the posture that it was in when we, under suspension of the rules. A final unanimous votes. Some were con- 400 of us plus, came together to pass list of those bills will be sent to the troversial, but the committee acted in that legislation. So I would hope that Members’ offices early next week. good faith and marked up the bill and can happen. There will be no votes in the House be- there was full participation by every Mr. DELAY. Mr. Speaker, if the gen- fore 6:30 on Tuesday. Member on that committee. tleman would yield. On Wednesday, we expect to consider Unfortunately, as the bill headed to- Mr. HOYER. I would be glad to yield several health-related measures: the wards the floor, as the gentleman to my friend.

VerDate Jan 31 2003 00:53 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.014 H06PT1 March 6, 2003 CONGRESSIONAL RECORD — HOUSE H1655 Mr. DELAY. Mr. Speaker, the gen- fair and full opportunity of loyal oppo- b 1315 tleman was absolutely right. It was an sition to offer alternative proposals, I want to tell the gentleman, as sin- open process in the committee, and I and I would hope that we would re- cerely as I can say on this floor, caring may stand corrected, but I believe verse, frankly, the practice that has about this institution, frankly, if Billy there were Democrat amendments ap- gone from 1995 to date where increas- Pitts is making the determination of proved by the committee as well as Re- ingly we have reduced the opportunity what he thinks is fair or not fair, from publican amendments approved by the of the minority party to offer alter- his perspective from a long time in the committee in developing what at least natives, either in the nature of sub- minority, as to what the minority’s the committee thought was a bipar- stitutes or in amendments to the base rights ought to be in terms of offering tisan bill. So, unfortunately, these bill. alternatives on this floor, of having things happen in the legislative proc- I say that very seriously because I time to debate on this floor, of having ess, and fortunately, we can correct think that my colleagues were frankly individual amendments considered, I those problems hopefully. correct when they were in the minor- will tell the gentleman that I am con- Mr. HOYER. I suppose whether it was ity, making the proposition that that fident that it will be done fairly. a bipartisan bill or not is in the eye of would improve legislation, and we But I will also tell the gentleman the definer, I suppose, and notwith- ought to vote it up or down. If it was with equal sincerity that I have had standing that, I would hope, again, it good when the gentleman was in the my staff do an analysis from 1995 to would come back in a form that all of minority, presumably that same prin- date; and there has been, from 1995 to us could vote for it and it would not be ciple is good when they are in the ma- 2002, an almost straight-line reduction extraneous matters. jority. in the alternatives in bills allowed to Those extraneous matters may well We are tested somewhat when the the minority as we consider major have merit, but why argue them on shoe shifts from foot to foot to see pieces of legislation. I do not think their merit or demerit, and we ought where we want to put that foot I sup- that is good for our country, I do not not to hold hostage our men and pose, but I would hope that on this bill, think it is good for this institution, women in the Armed Forces, in harm’s which is a controversial bill, a bill, and it is not good for the comity be- way, families disrupted by being called that is, we believe has great con- tween our two parties. to service. We ought not to say to them sequence for patients, for doctors, for The gentleman from Texas and I have anything but that we are prepared to hospitals, we want to make sure that had an opportunity to work closely to- act together, we are prepared to act our people have the best medical serv- gether on many items of great concern quickly and we are prepared to make ice available to them and that our doc- to this institution. We have worked sure that, to the extent we can, we will tors and that our hospitals and that well together. The gentleman and I diminish the financial burden that our patients have the ability to work have very serious disagreements on their service to our country requires. with one another to effect that. We issues, but we do not have disagree- On the medical malpractice bill that have some ideas on that. We have some ments on the fact that this institution the gentleman indicates will be on the ideas how that can be effected, and we ought to operate as effectively as pos- floor next week, on today’s major piece are hopeful, respectfully, and we would sible on behalf of our country. We of legislation which we have been dis- urge that the Committee on Rules give share that in common, and I know we cussing, the Committee on Rules de- us a full and fair opportunity to will continue to share that in common. nied two of our ranking members’ abil- present our alternative ideas if we have But I really sincerely urge the gen- ity to offer key amendments, and we them. If we do not have them when we tleman, as the leader of his party on are very concerned about that. Can the support your proposals, then fine, but this floor and working with the gen- leader inform me if he knows what if we have alternative ideas, we would tleman from California (Mr. DREIER) kind of rule there will be for the med- urge on legislation of such great con- and Mr. PITTS, to say to the American ical malpractice bill, what he antici- sequence to the American public that public and to this institution that we pates will be in order? we fully debate options and ways and are prepared to debate these matters, Mr. DELAY. Mr. Speaker, if the gen- means of solving the problems that we we are prepared to debate these mat- tleman would yield. are addressing. ters fully and fairly and give options to Mr. HOYER. I will be glad to yield to Mr. DELAY. Mr. Speaker, would the the minority party. my friend. gentleman yield? I will say to my friend there was Mr. DELAY. Mr. Speaker, I do not be- Mr. HOYER. I would be glad to yield some discussion in our party. We had lieve there has been any discussion as to my friend. one motion, as the gentleman knows, to what kind of rule we would bring to Mr. DELAY. Mr. Speaker, I appre- to adjourn, and there was some discus- the floor in order to bring the medical ciate the gentleman’s concerns, and sion that we ought to make many more justice bill to the floor. the gentleman said earlier it is all in motions and have disruption. We did In the past, we have always, on this the eyes of the beholder. In the eyes of not do that. But I will tell my friend kind of legislation, allowed the minor- this beholder, we think we have been that there is great concern on this side ity to have a substitute. The chairman more than generous with the minority, of the aisle that if we do not have a fair of the Committee on Rules obviously, and in showing that, to entice Mr. and open system to consider legislation along with the Committee on Rules, Pitts to come work for the Committee that we will not be as cooperative as will consider amendments that other on Rules shows our generosity to the we otherwise would like to be, and so Members may offer, and as the gen- minority because he is a very fair man, that the American public can be best tleman well knows, the rule will be a very creative man in dealing with served. written sometime next week, so that rules and really understands how this On the budget, Mr. Leader, if I can, we can bring the bill to the floor. House works, and we hoped that by Mr. when do we expect the budget to be on Mr. HOYER. Mr. Speaker, I thank Pitts coming to work for the Com- the floor? the leader for his comments. I am mittee on Rules it was a signal to ev- Mr. DELAY. Mr. Speaker, if the gen- aware of the fact that the Committee eryone in the House that everyone in tleman will continue to yield. on Rules has been extraordinarily ad- the House would be treated fairly. Mr. HOYER. I yield to the gen- vantaged by the addition of a new chief Mr. HOYER. Reclaiming my time, I tleman. staffer on that committee who will, I thank the gentleman for his comments. Mr. DELAY. The distinguished whip think, add greatly to the consideration I do not want to prolong this too much. understands that the Committee on the of that committee of alternatives. I want to say with all sincerity, I Budget is working as we speak, and Mr. Pitts is a man that I have found share the gentleman’s view of Mr. continues to work to develop a product to be fair and knowledgeable with re- Pitts. I have worked with him over a that they can mark up in the very near spect to this House. He is as well an in- long period of time. I have extraor- future. We fully expect to move a budg- dividual who was involved when the dinary respect and affection and regard et resolution through the House under Republicans were in the minority of la- for Bob Michel, for whom he worked ef- a time frame that gives us ample op- menting the fact that we did not give fectively and for a long time. portunity to have a conference with

VerDate Jan 31 2003 00:53 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.021 H06PT1 H1656 CONGRESSIONAL RECORD — HOUSE March 6, 2003 the Senate and complete the budget HOUR OF MEETING ON TUESDAY, 878, and the bill would have basically resolution by April 15, as required by MARCH 11, 2003 provided tax relief for our young men law. Mr. DELAY. Mr. Speaker, I ask unan- and women who are in the armed serv- It is a very ambitious schedule, I imous consent that when the House ad- ices, particularly those in the Persian know; and it is putting a lot of pres- journs on Monday, March 10, that it ad- Gulf at this time, 240,000 of them. It sure on a lot of Members to make a lot journ to meet at 12:30 p.m. on Tuesday, would have eliminated capital gains of decisions in a very short period of March 11, 2003, for morning hour de- tax if and when they would sell their time. But we feel very strongly that we bates. private residence. And if in the event need to get this budget done as quickly The SPEAKER pro tempore. Is there that one or two of them would pass as possible. objection to the request of the gen- away or die, it would provide nontax- Mr. HOYER. I thank the gentleman. tleman from Texas? ability of any survivor benefits that One additional question, which this is There was no objection. they would receive. This bill needs to be passed very quickly, because the sort of a follow-up on what I have just f discussed. In the past, as the gen- President plans to go to war within the tleman knows, we have had a number DISPENSING WITH CALENDAR next 2 weeks or so. We are almost cer- of substitutes which have been offered. WEDNESDAY BUSINESS ON tain of that. Our Congressional Black Caucus has of- WEDNESDAY NEXT One of the problems is that last fered substitutes, our Blue Dog Caucus Mr. DELAY. Mr. Speaker, I ask unan- week, as the bill was in the House Com- has offered substitutes, and I know the imous consent that the business in mittee on Ways and Means, my Repub- gentleman will be happy to hear that it order under the Calendar Wednesday lican colleagues added to the legisla- is fully my expectation that the minor- rule be dispensed with on Wednesday tion a number of special interest tax ity on the Committee on the Budget next. breaks. Unfortunately, now it will slow will have a Democratic alternative. I The SPEAKER pro tempore. Is there the bill down. They took it off the floor noted that the gentleman urges us to objection to the request of the gen- of the House today because they could do that; and he and I share that view, tleman from Texas? not even get enough votes on their side and we are going to do that. But will There was no objection. of the aisle to pass it. And, secondly, if we be allowed, Mr. Leader, to offer f it should pass, it will get bogged down in a House-Senate conference. those substitutes as we have in the ARMED FORCES TAX FAIRNESS past as well as offer amendments that ACT f are requested? (Mr. DOGGETT asked and was given ARMED FORCES TAX FAIRNESS I realize the gentleman cannot an- ACT swer to all the amendments, because I permission to address the House for 1 (Mr. LEWIS of Georgia asked and was do not know what amendments will be minute and to revise and extend his re- given permission to address the House asked for; but will there be consider- marks.) Mr. DOGGETT. Mr. Speaker, what for 1 minute and to revise and extend ation of valid amendments that have began as the ‘‘Armed Forces Tax Fair- his remarks.) broad-based support? ness Act’’ for those bravely serving Mr. LEWIS of Georgia. Mr. Speaker, ELAY. Mr. Speaker, if the gen- Mr. D around the world, a bill to ensure that I yield to the gentleman from Cali- tleman will further yield. their families would not be taxed on fornia (Mr. MATSUI). Mr. HOYER. I yield to the gen- the small, $6,000 death benefit payable Mr. MATSUI. I thank the gentleman tleman. to those families when someone is very much. Mr. DELAY. I thank the gentleman killed in conflict, that bill has now Mr. Speaker, these tax breaks would for yielding. We want to follow prece- been totally perverted. The Republican provide for foreigners who place bets dent as to how we want to approach the leadership has desecrated the noble outside the United States on horse debate on the budget, and certainly I purpose of this bipartisan legislation. races a tax break. It would provide spe- do not want to make decisions for the In addition to the tax-free winnings cial tax breaks for the blend of diesel Committee on Rules. They are more for foreigners on horse races that was fuel and water. It will provide a special than capable of making their own deci- already in the bill, last night, in a tax break for manufacturers of fishing sions about how to bring the budget to truly shameful act, the House Repub- tackle boxes. In all, $300 million worth the floor and what kind of debate we lican leadership insisted on including of tax breaks like these would have will have. But as the gentleman has al- in this military tax fairness bill an am- been provided. A wide variety of these ready noted, we have always been open nesty provision for corporate tax dodg- tax breaks would be given to these dif- to alternatives to the majority’s budg- ers for the ‘‘ex-patriots’’ who have re- ferent companies, many of whom have et as laid out by the Committee on the nounced America and planted their contributed to the colleagues who in Budget. mailbox in the sands of Bermuda, even fact have offered them. The Congressional Black Caucus has following the horrible attacks of Sep- I think this is tragic. We have a situ- always had a substitute and others tember 11, in order to avoid paying ation where our young men and women have had substitutes. I think this is be- their fair share of our military and are put in harm’s way. We want to give cause it is such an important issue, the other needs, the Republicans want to them some relief so that at least they budget of this Nation and its govern- grant them amnesty. can have some peace of mind when it ment; and we are hoping to have as While Americans are concerned with comes to selling their house. And many open a debate as possible. protecting their families, they need to will have to sell their homes. That is Mr. HOYER. I thank the gentleman know that the leadership of this House one of the reasons we gave this tax very much for those comments. has launched a sneak attack to protect break, mainly because their income is the corporate expatriates who have re- going to go down, and many have fami- f nounced America, and they do so in a lies back home. misnamed bill, the ‘‘Armed Forces Tax As a result of that, we are slowing ADJOURNMENT TO MONDAY, Fairness Act.’’ this process down now. So I would just MARCH 10, 2003 f hope they would bring the bill back, stripping off these special tax provi- Mr. DELAY. Mr. Speaker, I ask unan- ARMED FORCES TAX FAIRNESS sions. imous consent that when the House ad- ACT Once again, Mr. Speaker, I want to journs today, it adjourn to meet at (Mr. MATSUI asked and was given thank the gentleman from Georgia for noon on Monday, March 10, 2003. permission to address the House for 1 yielding to me. The SPEAKER pro tempore (Mr. minute and to revise and extend his re- Mr. LEWIS of Georgia. Mr. Speaker, LATOURETTE). Is there objection to the marks.) I thank the gentleman from California request of the gentleman from Texas? Mr. MATSUI. Mr. Speaker, we were (Mr. MATSUI) for his leadership and all There was no objection. to take up a bill today, which was H.R. his good work.

VerDate Jan 31 2003 00:53 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.023 H06PT1 March 6, 2003 CONGRESSIONAL RECORD — HOUSE H1657 SPECIAL ORDERS individualized instruction in math and people and Rosas Molina evidently told The SPEAKER pro tempore. Under reading for disadvantaged children. the other members of the group that the Speaker’s announced policy of Jan- President Bush’s budget guts Head Mr. Martinez was indeed a Border Pa- uary 7, 2003, and under a previous order Start, our effort to reach disadvan- trol agent, and what happened next is of the House, the following Members taged children who now arrive for kin- described as the following. He said that is when Rosas Molina will be recognized for 5 minutes each. dergarten so far behind they can never catch up. identified him to the others as a Border f Patrol agent, and that appears to be The SPEAKER pro tempore. Under a b 1330 the reason that they killed him. Mar- previous order of the House, the gen- I sat in a first grade class in my tinez was beaten and his head bashed in tleman from Georgia (Mr. GINGREY) is State and had one child after another with rocks. His Ford pickup was stolen recognized for 5 minutes. read out loud to me. Some children along with other belongings, including (Mr. GINGREY addressed the House. read effortlessly in a sing-song voice a gold chain and a medallion. A pass- His remarks will appear hereafter in because the material lacked such chal- erby discovered the body early Wednes- the Extensions of Remarks.) lenge. Other children read laboriously, day and notified Mexican police. Later f sounding out every word, getting every police received a tip about the slaying third or fourth word wrong. and robbery of a U.S. Border Patrol PRESIDENT’S BUDGET DOES LIT- When those children apply for college agent. The caller led agents to Rosas TLE TO CLOSE ACHIEVEMENT 13 years later, I fear there will be the Molina, who had the agent’s truck and GAP IN EDUCATION same differences in their academic medallion. Rosas Molina has admitted The SPEAKER pro tempore. Under a achievement, and we will still need af- involvement in the slaying. previous order of the House, the gen- firmative action plans like Michigan to The purpose of the slaying, as it ap- tleman from North Carolina (Mr. MIL- achieve diverse populations in our col- pears from the evidence gathered, is LER) is recognized for 5 minutes. leges. because Mr. Martinez was a Border Pa- Mr. MILLER of North Carolina. Mr. Mr. Speaker, it is not acceptable to trol agent. He is not the first Border Speaker, President Bush recently an- me that our children’s chances in life Patrol agent to be killed in the line of nounced his opposition to the affirma- depend so greatly on the circumstances duty on the border, he is not the first tive action plan used by the University into which they were born. President Border Patrol agent to be accosted. It of Michigan in admissions. It is trou- Bush’s budget shows that he is not happens all too frequently. It is be- bling that the academic achievements bothered by that. cause our borders are war zones. We were are in the process of debating of white students and African Amer- f ican students at Michigan are mark- whether or not, and the President is in edly different, but it is troubling for a SECURING AMERICAN BORDERS the process of determining whether or reason that President Bush apparently The SPEAKER pro tempore (Mr. not to send Americans off to fight a did not consider. It is troubling that al- BISHOP of Utah). Under a previous war in the Middle East. Without dis- most a half century after the Supreme order of the House, the gentleman from cussing the merits of that particular Court’s decision in Brown v. Board of Colorado (Mr. TANCREDO) is recognized decision, I will tell Members there is a Education there remain such dispari- for 5 minutes. war going on on our borders. People are ties in the academic achievements of Mr. TANCREDO. Mr. Speaker, yes- being killed on our borders. Troops are white students and African American terday I brought forward to the House needed on our borders. students. a picture and a little story about an in- Our homeland needs to be defended. Mr. Speaker, the public schools are dividual who died on the border last These people need to be defended. They where we deliver on the promise of August. His name was Chris Eggle. Mr. need to be trained, and they need to be equality of opportunity. The public Eggle was an employee of the United protected. We have to make a decision schools must deliver on that promise States Government acting in the ca- as a Nation as to whether or not we to white children; to black children; to pacity of a park ranger down in the Or- want borders or not. If we choose not children whose parents do not speak egon Pipes National Park in Arizona. to enforce our borders, we should move away from them and let people come English in their homes; to the children He was killed in the line of duty by into this country at their will. We of parents who care passionately about people who had come across the board should stop this process of sending a their children, who read to them every after being involved in some sort of few people down to our border, put night, who join the PTA and volunteer drug altercation where three others them into harm’s way, and then refuse at their children’s schools; to the chil- were killed in Mexico. to actually secure the border. dren of parents who are themselves The point of my presentation yester- Mr. Martinez, before him Mr. Eggle, children and are as little prepared to be day was to explain to the Members of and others, are examples of this kind of parents as their parents were before this body that we have, in fact, a war policy, this policy that puts people at them. zone on our southern border, and to a risk without really having a desire on Just days after President Bush an- certain extent, on the northern border. the part of this Nation to defend those nounced his opposition to the Univer- Today, unfortunately, I have the sad borders or to protect our people on sity of Michigan’s affirmative action occasion to bring to Members’ atten- those borders. plan, he announced his proposed budg- tion another young man named Jorge Mr. Speaker, our hearts go out to the et. We see from that budget what he Salomon Martinez. Mr. Martinez was family of Mr. Martinez. Our prayers go would do to close the achievement gap brutally murdered in Mexico just a out to that family. I hope that we will so that universities can achieve a di- short time ago. He was a Border Patrol not forget his face or his story. versity in population without affirma- agent working for the United States. f tive action plans like Michigan’s. Mr. Mr. Francisco Javier Rosas Molina, The SPEAKER pro tempore. Under a Speaker, he would do very little. who is 18 years old, is in custody, and previous order of the House, the gentle- The very programs that are most ef- the Mexican authorities continue to woman from Illinois (Mrs. BIGGERT) is fective in closing the achievement gap search for others that they say have recognized for 5 minutes. and delivering on the promise of equal- probably fled across the border into the (Mrs. BIGGERT addressed the House. ity of opportunity for every child are United States. Her remarks will appear hereafter in hardest hit. The proposed budget cuts Mr. Martinez had apparently met Mr. the Extensions of Remarks.) No Child Left Behind by $9 billion. The Rosas Molina earlier in the week near f act gives a nod to the promise of equal- the border town of Naco. They began to ity of opportunity, but the budget party together and converse, and WINNING WITHOUT WAR breaks that promise. Salomon had originally identified him- The SPEAKER pro tempore. Under a The budget cuts after-school pro- self to the group as a member of the previous order of the House, the gen- grams by more than 40 percent, teacher Border Patrol, as employed by the Bor- tleman from Texas (Mr. DOGGETT) is training by almost $200 million. It cuts der Patrol. Then they met some other recognized for 5 minutes.

VerDate Jan 31 2003 00:53 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.026 H06PT1 H1658 CONGRESSIONAL RECORD — HOUSE March 6, 2003 Mr. DOGGETT. Mr. Speaker, I of- cause other countries are likely to PLEA FOR PEACE fered President Bush, as did so many copy our model. The SPEAKER pro tempore. Under a others here, immediate bipartisan sup- Fighting wars as a first choice, not a previous order of the House, the gen- port for the war on terror, but regime last choice, is a formula for inter- tleman from Georgia (Mr. LEWIS) is change in Baghdad, rather than dis- national anarchy, not domestic secu- recognized for 5 minutes. arming Iraq, represents a diversion rity. A quick draw may take out the Mr. LEWIS of Georgia. Mr. Speaker, from that bipartisan effort. occasional tyrant, but it comes at the I rise today to plead for peace. Every Not only do we have continuing con- cost of destabilizing the world, dis- day our great Nation moves ever closer cerns about Osama bin Laden, but also rupting the hope for international law to war with Iraq. I know many Ameri- we have grave concerns about the and order, and, ultimately, it makes all cans believe war is unavoidable. I hope looming nuclear threat from North of us unsafe. and pray that they are wrong. Korea, which does have long-range mis- True security certainly requires a It is not an easy thing to disagree siles. This threat was deliberately hid- strong military and a willingness to with the administration at a time den from this House until after our use it. We are strong enough to con- when hundreds of thousands of our vote on Iraq. quer Iraq and others, but we must be brave men and women are poised in the The Korean peninsula crisis worsens wise enough to rely on our many other Persian Gulf. I want to make it clear by the day with Administration mis- strengths to rid the world of dangers. that I will support our troops regard- management and neglect heightening Ultimately, imposing our will by force less of what happens, but I cannot, in the far greater danger from this unites our enemies and divides our al- good conscience, betray the nonviolent xenophobic, despotic regime. The Ad- lies. Defense Secretary Rumsfeld may principles on which I have worked my ministration has a ‘‘Don’t Talk, Don’t dismiss our major partners as ‘‘Old Eu- whole life. I cannot sit silent when I Tell’’ policy that is steadily narrowing rope,’’ but many yearn for ‘‘Old Amer- believe there is still time to use diplo- our options and increasing the risk of ica’’ that collectively and successfully macy and let the inspectors do their what could easily become a devastating worked to prevent and remove threats job. conflict. to peace and ensure the safety of our b 1345 Just yesterday, former Defense Sec- families. While I believe that the hour is late, retary William Perry and former Sec- This is not a choice between ‘‘war’’ it is not too late to stop the rush to retary of State Madeleine Albright and ‘‘appeasement.’’ Rather, the better war. It is not too late to embrace warned that North Korea could be alternative is to isolate Saddam Hus- peace. War with Iraq will not bring headed toward ‘‘serial production’’ of sein and unite both his neighbors and peace to the Middle East. It will not nuclear weapons. our allies behind an aggressive inspec- make the world a safer or better or I believe that the Administration’s tion and weapons destruction program. more loving place. It will not end the fixation with regime change in Bagh- We know that the real cost of war is strife and hatred that breed terror. dad is diverting precious intelligence paid in blood. But Americans are al- War does not end strife. It sows it. and other resources that we need to ready paying for this war at the gas War does not end hatred. It feeds it. protect American families from what is pump. And with so few allies, hundreds War is bloody. It is vicious, it is evil, a very genuine threat. Despite its clev- of billions of our tax dollars that could and it is messy. War destroys the er marketing campaign, and it has be spent on the needs of Americans will dreams, the hopes, and aspirations of been clever indeed, attempting to link be spent abroad. people. I believe, Mr. Speaker, that war 9/11 with Saddam Hussein, as of this A robust debate in an elected Con- is obsolete. very moment, the Administration has gress on whether war should be waged As a great Nation and a blessed peo- not offered one shred of evidence to with Iraq is the sign of a strong democ- ple, we must heed the words of the spir- make that connection stick, nor has it racy. Unfortunately, this year, that de- itual: ‘‘I am going to lay my burden demonstrated why Iraq represents any bate took place in Turkey, not here in down, down by the riverside. I ain’t greater danger of attacking our fami- the U.S. House of Representatives. gonna study war no more.’’ For those lies today than it did on September 10, f who argue that war is a necessary evil, or since the time we were supplying FREEDOM FROM FEAR I say you are half right. War is evil. them aid. But it is not necessary. War cannot be Today, we have crisscrossed Iraq (Mr. BURNS asked and was given a necessary evil, because nonviolence with weapons inspectors. It does not permission to address the House for 1 is a necessary good. The two cannot co- even pose such a threat that its next- minute and to revise and extend his re- exist. As Americans, as human beings, door neighbor, Turkey, is willing to marks.) as citizens of the world, as moral ac- challenge it. Mr. BURNS. Mr. Speaker, I rise tors, we must embrace the good and re- The Central Intelligence Agency, in today to voice my concerns regarding ject the evil. To quote Ghandi: ‘‘The reports that we forced out of the Ad- domestic violence that plagues our Na- choice is nonviolence or nonexistence.’’ ministration, has indicated that the tion. Franklin D. Roosevelt once said America’s strength is not in its mili- real threat to our families would come there are four essential human free- tary might, but in our ideas. American with an invasion to Iraq and the danger doms, the last being freedom from fear. ingenuity, freedom, and democracy that any weapons of mass destruction Today there still are too many have conquered the world. It is a battle might spread and affect us. women and children who have never ex- we did not win with guns or tanks or Overthrowing a single tyrant, in perienced a life free from fear. These missiles but with ideas, principles, and what many will perceive to be a cru- women and children are the 1 to 4 mil- justice. We must choose our resources, sade against Islam, will ultimately lion women who experience serious as- Mr. Speaker, not to make bombs and jeopardize families across America as saults by an intimate partner each guns but to solve the problems that af- we create a generation of terrorists. year. They are the 3.3 million children fect all humankind. We must feed the Further attacks will only reinforce who witness their mothers being stomach, clothe naked bodies, educate those here in America, who are deter- abused every year. They are the 3.2 and stimulate the mind. We must use mined to ensure our safety by tram- million victims of child abuse each our resources to build and not to tear pling our civil liberties. year. down, to reconcile and not to divide, to Attacking Iraq is apparently the first Mr. Speaker, I rise to commend Life- love and not to hate, to heal and not to step in implementing a dangerous new time Television and its partners for kill. Let us, in Reverend Dr. Martin security policy that dramatically al- drawing attention to this most impor- Luther King Jr.’s words, ‘‘take offen- ters a half century’s bipartisan reli- tant and most persistent problem. To sive action in behalf of justice to re- ance on containment that has served to those women and children who are out move the conditions which breed re- protect us from villains as bad as Sad- there who are victims, please know sentment, terror and violence against dam Hussein. America will now attack that there are people and there are pro- our great Nation.’’ That is a direction first with preemptive strikes in what grams out there to help you become in which a great Nation and a proud could spiral into wars without end be- free from fear. people should move.

VerDate Jan 31 2003 00:53 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.038 H06PT1 March 6, 2003 CONGRESSIONAL RECORD — HOUSE H1659 War is easy; but peace, peace is hard. of international institutions has been tleman from Minnesota (Mr. OBERSTAR) When we hurt, when we fear, when we remarkably effective. I and many oth- is recognized for 5 minutes. feel vulnerable or hopeless, it is easy to ers around the world are shocked and Mr. OBERSTAR. Mr. Speaker, in the listen to what is most base within us. dismayed by the unilateral, current international debate on Iraq, I It is easy to divide the world into us confrontational approach that this ad- have the very clear impression that the and them, to fear them, to hate them, ministration has taken in the world United States and France are talking to fight them, to kill them. War is arena. We must recognize the con- past each other and not listening to easy. sequences in the world community of each other. More particularly, that the But peace is hard. Peace is right, it is our rejection of Kyoto, of the Inter- United States is not listening to the just, and it is true. But it is not easy to national Criminal Court, of the treaty very nuanced views expressed by the love thy enemy. No, peace is hard. As to ban land mines, and our own with- French. My assessment of the dialogue my friend and mentor, Dr. King, said drawal from the ABM treaty. We must is that President Chirac and President when he spoke about the Vietnam War: be mindful about how our criticisms of Bush are in accord on the objective of ‘‘War is not the answer. Let us not join the U.N. and NATO are heard through- disarming Iraq of weapons of mass de- those who shout war. These are days out the world community. struction and the capability to deliver We have to recognize that after 9–11, which demand wise restraint and calm such weapons. The Bush administra- the world came together in solidarity reasonableness.’’ He was right then and tion, however, has concluded that the with our loss, working with us to find the wisdom of those words holds true only way to achieve this objective is the perpetrators, to break up al Qaeda today. War was not the answer then, and arrest its leaders, to interrupt the through military action. In contrast, and it is not the answer today. War is flow of money. It should have been the French and many other U.S. allies never the answer. It is not too late to crystal clear that fighting terrorism and friendly observers favor continued stop our rush to war. Let us give peace and protecting American security diplomacy in the firm belief that a vig- a chance. would require our friends and our al- orous, intensive weapons inspection f lies; cooperation, not confrontation. program will attain the disarmament The SPEAKER pro tempore (Mr. Yet the administration instead en- objective. BISHOP of Utah). Under a previous gaged in a single-minded drive to It would be useful for the Bush ad- order of the House, the gentleman from achieve its Iraqi objectives at any cost ministration to think more construc- Virginia (Mr. MORAN) is recognized for instead of developing a policy to deal tively about France’s contributions to 5 minutes. with Iraq by working with our allies, international dialogue and its distin- (Mr. MORAN of Virginia addressed by working with the world community. guished record of multilateral peace- the House. His remarks will appear Even if the administration gets what it keeping as well as military interven- hereafter in the Extensions of Re- wants this time, what is the long-term tion when justified. marks.) damage to our international relation- A few highlights would be instruc- tive: France was a valuable partner for f ships? How will it impact our efforts to stop terrorism and protect the security the United States during the Gulf War IRAQ of the American people? in 1991, deploying 10,000 troops and 100 The SPEAKER pro tempore. Under a I am worried. The people that I rep- aircraft in Operation Desert Storm. previous order of the House, the gentle- resent are very anxious. It seems more From 1991 through 1995, France was an woman from Wisconsin (Ms. BALDWIN) and more likely that war is around the active ally to secure the peace in Bos- is recognized for 5 minutes. corner. What will that war be? Are the nia. During this important peace- Ms. BALDWIN. Mr. Speaker, it is American people prepared? The Amer- keeping mission, 70 French soldiers clear that Saddam Hussein has been ican people are expecting, I think, a were killed and more than 600 wounded. and continues to be a threat to Iraq’s smaller conflict than we are walking In 1999, France deployed the greatest neighbors, his own people, and to all into, perhaps a Grenada, a Panama or number of aircraft and flew the largest peace-loving nations of the world. The the first Gulf War; quick, hopefully few number of sorties of any combatant in United States and the United Nations casualties, troops in and out within Operation Allied Force in Kosovo. have recognized the dangers posed by weeks or months. I think that this war France today is contributing the larg- his pursuit of nuclear, biological, and would be different. After a large ground est contingent of peacekeepers in the chemical weapons. The world has wise- war to capture the entire country, we Balkans, more than any other nation, will likely occupy Iraq. The Army ly taken action to proactively address including our own. Chief of Staff, General Shinseki, esti- this threat. After September 11, French troops mated that we would need 100,000 The issue is not whether Saddam participated in Operation Enduring troops or more for the occupation. We Hussein is a terrible dictator or wheth- Freedom in Afghanistan where France have no idea how long they would have er or not he is dangerous. He clearly is. continues to place its troops in harm’s to stay. Mr. President, we need to hear The issue is whether a preemptive war way to provide security in that critical about your exit strategy, and we need is justified now. I believe the answer is region. French President Chirac was to hear that now. no. Iraq is neither an immediate or an the first foreign leader to pay his re- The congressional debate that we had spects to the United States in person imminent threat to the security of the last fall to authorize the use of force following the September 11 attacks. American people. Aggressive inspec- against Iraq did not prepare the Amer- This is a very significant record of val- tions and disarmament by the United ican people for the ramifications of uable contributions that France has Nations with the full support of mem- this war and what this administration made where and when needed to com- ber states can be successful. We have truly envisions. I call on this adminis- bat terror and secure peace. time to work together with the inter- tration to answer the myriad questions national community to collectively ad- that have been posed by numerous Our foreign policy would be better dress the threat of Iraq without resort- Members of Congress on behalf of our served by respecting the historical re- ing to war and without endorsing a pol- constituencies before ground troops are ality of the U.S.-French relationship. icy of preemptive attack. committed. All of Congress and all of We need to listen to the wise counsel of Following the devastation of World America stand by our troops, but we this longstanding friend of America War II, the United States showed tre- think it is absolutely incumbent upon which has learned how to deal with the mendous leadership in the world as we this administration to answer our Islamic terrorist threat from its own created international institutions and questions. painful experience in Algeria, Tunisia a framework of international law to and Morocco and the large Arabic-Is- f prevent war and to sustain and main- lamic population among its own citi- tain peace. We were the leaders in pro- U.S.-FRENCH RELATIONS IN LIGHT zenry. moting a world where conflicts could OF IRAQI CONFLICT Mr. Speaker, I include for the be resolved peacefully and coopera- The SPEAKER pro tempore. Under a RECORD a New York Times op-ed piece tively. While never perfect, this system previous order of the House, the gen- on this very subject.

VerDate Jan 31 2003 00:55 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.033 H06PT1 H1660 CONGRESSIONAL RECORD — HOUSE March 6, 2003 A WARNING ON IRAQ, FROM A FRIEND The inspections should be pursued and However, this problem has more vic- (By Jean-David Levitte) strengthened, and Saddam Hussein must be tims. The long-term economic cost made to cooperate actively. War must re- WASHINGTON.—Reading the papers from paid by all Americans is staggering. main the very last option. both sides of the Atlantic, I sometimes won- According to the RAND Corporation, der whether the impending war is not be- f another $150 billion to $200 billion will tween France and the United States. I would ASBESTOS LITIGATION INUNDATES be spent on asbestos litigation if noth- like to strongly reaffirm what, in the heart THE COURT SYSTEM ing is done. To date, $54 billion has of the French people, is a longstanding re- ality: the friendship between France and The SPEAKER pro tempore. Under a been expended. Without reform 423,000 America began in the early days of your previous order of the House, the gen- American jobs will be lost. Local gov- fight for independence and has endured tleman from Illinois (Mr. KIRK) is rec- ernments will spend millions on unem- throughout the centuries. ognized for 5 minutes. ployment benefits, job retraining, and America rescued my country twice in the Mr. KIRK. Mr. Speaker, yesterday medical coverage for displaced workers last century—something we will never for- Steven Kazan, the prominent asbestos and their families. Workers in bank- get. Today we stand side by side in many victims lawyer, informed the Congress: rupt firms will not only lose their jobs, parts of the world, including Afghanistan. but their retirement security will slip France is the largest contributor of troops to ‘‘Asbestos litigation has become a NATO operations. Our friendship is a treas- nightmare because the courts have away as they watch the value of their ure, and it must be maintained, protected, been inundated by the claims of people 401(K) accounts drop by 25 percent. enhanced. who may have been exposed to asbestos The ever-burgeoning caseload has However, the polls are clear: 78 percent of but who are not sick, who have no lung spawned criticism even from Supreme French people oppose a military interven- function deficit. This flood is conjured Court justices who warn that the as- tion in Iraq. Polls are similar in most other up through systematic, for-profit bestos litigation crisis is slowing the countries, including in Eastern Europe. Eu- screening programs designed to find po- ropean governments may be divided over the administration of justice nationwide, use of force in Iraq, but public opinion is tential plaintiffs with some x-ray evi- and therefore, Congress must act. united. dence ‘consistent with’ asbestosis. These complaints span the idealogical There are, in my view, three reasons the Ironically, and tragically, in many spectrum of the Supreme Court, includ- mood is so cautious. The first relates to our States that x-ray evidence triggers the ing court liberals like Ruth Bader assessment of what is far and away the big- statute of limitations, literally forcing Ginsberg and moderates like David gest threat to world peace and stability: Al the filing of premature claims. These Souter. In 1999, Souter wrote: ‘‘The ele- Qaeda. claims are choking the asbestos litiga- phantine mass of asbestos cases . . . French intelligence is clear that not since tion system and keeping the courts the Algerian war 40 years ago has my coun- defies customary judicial administra- try been under such an immediate threat. from doing their real job, providing tion and calls for national legislation.’’ Last May, 11 French citizens were killed in a compensation for people who are genu- Opining on the same case, Rehnquist, suicide bombing in Karachi, Pakistan. In the inely injured by asbestos diseases.’’ Scalia, and Kennedy also begged Con- fall a French tanker was attacked by Al Mr. Speaker, the current state of as- gress to act. Others are joining the Qaeda off Yemen. And in December, near bestos litigation is a public health chorus. Paris, we arrested several suspects who were tragedy in which the claims of truly suspected of close links to Al Qaeda and of ill, terminally ill cancer patients and Both the Washington Times and the planning terrorist attacks in France. others who struggle to breathe are Washington Post called on Congress to Terrorist suspects have also been arrested mixed together with those plaintiffs move asbestos litigation reform. Just 2 elsewhere in Europe—in Britain, Spain and weeks ago, even the American Bar As- Italy—belonging to groups connected with who suffer no impairments. In 2001, al- most 90,000 individuals joined in asbes- sociation voted to support medical networks active in Afghanistan, Chechyna, standards that would bring the cases of Algeria and Bosnia. Yet we haven’t seen any tos-related personal injury suits evidence of a direct link between the Iraqi against 6,000 entities, but only 10 per- truly sick asbestos plaintiffs to the regime and Al Qaeda. cent of those claimants have any symp- front of the docket. A second reason for the reluctance of the toms of asbestos-related illnesses. Asbestos victims, business leaders, French people is that Iraq is not viewed as These legal tactics force defendants lawyers, and opinion leaders all agree. an immediate threat. Thanks to the deter- The need for reform is clear. Therefore, mination of President Bush and the inter- into settlements because they cannot national community—and to the inspections take the risk of ‘‘betting the company’’ today I am introducing the Asbestos that destroyed more armaments between on pronouncements of a judge and jury. Compensation Act of 2003. This bill es- 1991 and 1998 than did the Persian Gulf war This first happened in 1982 when 16,000 tablishes medical criteria to expedite itself, and which have now been reinforced asbestos personal injury suits forced the claims of the truly ill and gives with stronger means and bigger teams—Sad- Johns Manville Corporation into bank- these victims access to quick and fair dam Hussein is in a box. And the box has ruptcy. Since then, the uncertainty of compensation. Any worker who feared been closed with the inspectors in it. asbestos litigation has driven nearly 70 he was exposed to asbestos could be Europeans consider North Korea a greater tested by a qualified doctor in his area threat. Imagine what a sense of security we major American companies into bank- all would feel if, as in Iraq, 100 inspectors ruptcy. identified by the Justice Department. were proceeding with unimpeded inspections During the past 20 years, 2,100 asbes- Those found to be injured would have throughout North Korea, including the presi- tos cases have been tried or settled at the value of their impairments deter- dent’s palaces. a total cost of $54 billion, with over mined in accordance with a fair for- A third reason for the cautious mood re- half of the money used to pay lawyers. mula, and the worried well would re- lates to the consequences of a war in Iraq. As the Wall Street Journal points out, tain the right to return at a later date We see Iraq as a very complex country, with that is more money than the cost of 9– if they developed symptoms of asbes- many different ethnic groups, a tradition of 11, Enron and WorldCom put together. tos-related illness. violence and no experience of democracy. You can’t create democracy with bombs—in b 1400 The Justice Department would con- Iraq; it would require time, a strong presence It certainly is a lot of money, but tact corporations named by the work- and a strong commitment. ers as responsible for injuries, appor- We also worry about the region—consid- sick plaintiffs are not getting their fair share. The Manville Asbestos Claim tioning liability in accordance with the ering that no peace process is at work for the facts and a set liability formula. Many moment in the Middle East, that none of the Trust created by the bankruptcy court great powers seem able to foster one, and started paying claims in 1988 and was contacted corporations would accept that a war in Iraq could result in more frus- depleted in just 2 years. Today Man- these settlement offers since they tration and bitterness in the Arab and Mus- ville pays just 5 cents on the dollar to would avoid the expensive legal battles lim worlds. claimants, and more money flows out of staying in court. People in France and more broadly in Eu- to individuals with no impairments Mr. Speaker, this is a cloud on our rope fear that a military intervention could fuel extremism and encourage Qaeda recruit- than to people who are truly sick. The entire economy, affecting 900 stocks in ment. A war could weaken the indispensable truest victims of this tragedy are those the stock market and the 401(K) and international coalition against terrorism who deserve quick and fair compensa- other retirement savings of all of our and worsen the threat of Islamic terrorism. tion for the illnesses they suffer. constituents. I ask for rapid support of

VerDate Jan 31 2003 02:27 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.016 H06PT1 March 6, 2003 CONGRESSIONAL RECORD — HOUSE H1661 this legislation. This is the most im- voted, Democrats, against a number of HONORING STAFF SERGEANT portant legislation after the Presi- these particular provisions. We had roll BERMAN GANOE dent’s tax package that this Congress calls. Republicans voted aye; Demo- will consider this year. crats by and large almost unanimously The SPEAKER pro tempore. Under a previous order of the House, the gentle- f voted no. The gentleman from New York (Mr. RANGEL), the ranking mem- woman from Florida (Ms. GINNY REMOVAL OF NAME OF MEMBER ber, presented a substitute that would BROWN-WAITE) is recognized for 5 min- AS COSPONSOR OF H.R. 936 have stripped the bill of all of these utes. Mr. SCOTT of Virginia. Mr. Speaker, particular interest provisions and, as I Ms. GINNY BROWN-WAITE of Flor- I ask unanimous consent to have my remember it, have adopted the Senate ida. Mr. Speaker, I rise today to honor name removed as a cosponsor of H.R. provision. That was voted down. a constituent of mine who fought and 936. So let the RECORD be clear as to what died in the Vietnam War and is being The SPEAKER pro tempore (Mr. happened in the Committee on Ways honored tomorrow in my district, the BISHOP of Utah). Is there objection to and Means. The bill came out on a fifth congressional district of Florida. the request of the gentleman from Vir- voice vote because Democrats did not In 1968, 19-year-old Berman Ganoe en- ginia? want to vote against a bill relating listed in the U.S. Army and was sent There was no objection. truly to tax fairness for those in our armed services. However, we had made shortly thereafter to Vietnam. On f March 24, 1970, Staff Sergeant Ganoe’s The SPEAKER pro tempore. Under a clear where we stood on those specific provisions. helicopter was shot down while on a previous order of the House, the gentle- rescue mission in Cambodia. The heli- woman from Indiana (Ms. CARSON) is What is the lesson? At best, this bill, copter that Sergeant Ganoe was aboard recognized for 5 minutes. as it came out of the Committee on was acting as a rescue aircraft for a (Ms. CARSON of Indiana addressed Ways and Means, reflected misguided the House. Her remarks will appear priorities and the arrogance of power. gunship team engaged in combat on hereafter in the Extensions of Re- Misguided priorities because they in- the ground. A fellow army pilot who marks.) serted several hundred millions in pro- witnessed the crash of Sergeant visions totally unrelated to armed Ganoe’s aircraft called the rescue mis- f services tax fairness. Bows and arrows, sion and the actions of the entire crew The SPEAKER pro tempore. Under a money there when we are short- ‘‘the most heroic act he had ever seen.’’ previous order of the House, the gen- changing education for our kids, fish tleman from California (Mr. GEORGE Shortly after the crash, Sergeant tackle boxes when there is not enough MILLER) is recognized for 5 minutes. Ganoe was classified as ‘‘missing in ac- money going for homeland security. (Mr. GEORGE MILLER of California tion’’ and became Marion County, Flor- And then horse races to help those who addressed the House. His remarks will ida’s only Vietnam War ‘‘missing in ac- bet on horse races when there is not appear hereafter in the Extensions of enough money for people who are short tion’’ person. In 1974, the Army Remarks.) on prescription drugs. changed his status to ‘‘assumed dead.’’ f An arrogance of power that led some In 1998, after an excavation of the crash site, Sergeant Ganoe’s remains were re- ARMED FORCES TAX FAIRNESS in the majority to decide to put on a bill relating to tax fairness for those turned to the United States but were The SPEAKER pro tempore. Under a who were abroad as well as at home, never positively identified until mid- previous order of the House, the gen- provisions that helped those who were 2001. tleman from Michigan (Mr. LEVIN) is here at home. recognized for 5 minutes. He is one of 22 Florida soldiers whose So I come here because it is critical Mr. LEVIN. Mr. Speaker, I rise today remains were recovered and returned the RECORD be clear, it be critical we because it is critical that the RECORD to the United States following the end learn from this experience. I hope next be clear about what happened earlier of the war. When the technology to week early on a bill will be presented today on the floor of the House, and positively identify years-old remains here preferably the Senate bill that that we learn the right lessons. was developed and perfected, the re- treats even more fairly than the House The bill relating to Armed Forces mains were identified and the families bill, without these provisions, those in Tax Fairness was supposed to be before of the fallen soldiers were contacted. the armed services. us. The bill originally related exactly Tomorrow in my district, friends and to that, tax fairness for those who are f family of Sergeant Ganoe are memori- in the armed services. But it was de- alizing him and honoring his contribu- cided before we met in committee, the The SPEAKER pro tempore. Under a tion to our country. A bronze memorial Committee on Ways and Means, appar- previous order of the House, the gen- of Sergeant Ganoe will be unveiled at a ently by the leadership of that com- tleman from Massachusetts (Mr. ceremony in Ocala which will follow a mittee, that Members would be allowed TIERNEY) is recognized for 5 minutes. to offer provisions totally unrelated to (Mr. TIERNEY addressed the House. private memorial service for his sur- that important bill. A number of those His remarks will appear hereafter in viving three brothers, four sisters, and in the majority decided to take that the Extensions of Remarks.) numerous friends and extended family opportunity. members. No Democrat participated in pre- f Sergeant Ganoe served his country senting any special interest or par- The SPEAKER pro tempore. Under a and made the ultimate sacrifice to pro- ticular interest legislation. So what we previous order of the House, the gen- tect our freedom. Further, he died in a saw was a flood of special interest or tleman from Massachusetts (Mr. rescue mission to save the lives of fel- particular interest proposals totally DELAHUNT) is recognized for 5 minutes. low soldiers. Posthumously, Sergeant (Mr. DELAHUNT addressed the unrelated to the critical issue of armed Ganoe was awarded the Distinguished House. His remarks will appear here- services tax fairness. Provisions relat- Flying Cross, the Bronze Star, 16 Air after in the Extensions of Remarks.) ing to makers of bows and arrows, Medals, the Purple Heart, and numer- those who make fishing tackle boxes, a ous other medals of valor. provision relating to the taxation of f people, foreigners who bet on American The SPEAKER pro tempore. Under a I commend Sergeant Ganoe for his horse races. previous order of the House, the gen- actions and stand here today to honor What happened? The majority leader tleman from Maine (Mr. ALLEN) is rec- his life and his sacrifice. I think it is earlier said on the floor that the result ognized for 5 minutes. particularly important that we con- in the Committee on Ways and Means (Mr. ALLEN addressed the House. His sider the sacrifices of Sergeant Ganoe was a bipartisan one, as I heard his remarks will appear hereafter in the and of the people who currently are words. That is simply incorrect. We Extensions of Remarks.) serving in our military today.

VerDate Jan 31 2003 00:55 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.039 H06PT1 H1662 CONGRESSIONAL RECORD — HOUSE March 6, 2003 COMMUNICATION FROM THE AT- that is what is happening in the tele- our intelligence officers and in open TENDING PHYSICIAN OF THE communications industry. What incen- sessions by various human rights agen- CONGRESS tive is there at all to allow investment, cies. The Speaker pro tempore laid before if that in fact is what is going to So I think it is always important to the House the following communica- occur? set the record straight, or to come into tion from the Attending Physician of As a matter of public policy, the these debates with a full understanding the Congress of the United States: FCC’s decision simply makes no sense. of where they come from. And I think On one hand, the commission one of the most honest talk shows that CONGRESS OF THE UNITED STATES, Washington, DC, March 6, 2003. deregulates broadband, and on the was ever devised for television was Hon. J. DENNIS HASTERT, other hand it complicates and multi- ‘‘Crossfire,’’ where the conservative Speaker, House of Representatives, plies regulation on UNE–P. would say ‘‘from the right,’’ and the Washington, DC. Last year, this body passed the Tau- liberal would say ‘‘from the left.’’ DEAR MR. SPEAKER: This is to formally no- zin-Dingell broadband legislation, 273 But it is obvious that the people who tify you, pursuant to Rule VIII of the Rules to 157. I think we could argue that the are demonstrating by the hundreds of of the House of Representatives, that I have will of the Congress had an impact on thousands, some of them well-meaning been served with a grand jury subpoena for people, also include lots of people who documents and testimony issued by the Su- how the FCC views broadband. Do we perior Court for the District of Columbia. now pass another bill to show the FCC are not necessarily demonstrating be- After consulting with the Office of General that further regulation on UNE–P of- cause they have a great love of man- Counsel, I will make the determinations re- fers no help to the Nation’s economy? kind, or that they are special peace quired by Rule VIII. Mr. Speaker, if that is what it takes, people or have a special care about hu- Sincerely, then I say, let us do it. manity, because, if they did, they Dr. JOHN EISOLD, Mr. Speaker, I am pleased that the would have been demonstrating when Attending Physician. chairman of the Committee on Armed Saddam Hussein gassed those Kurdish f Services has joined us here for this babies by the hundreds. They were not MAKING THE CASE AGAINST IRAQ Special Order on behalf of the Repub- demonstrating there, so that did not The SPEAKER pro tempore. Under lican leadership. bother them. There were some what I call the It did not bother them because it was the Speaker’s announced policy of Jan- voices of dissent that came to the not destabilizing. I think a lot of folks uary 7, 2003, the gentleman from Indi- floor, the voice of dissent with regard do not like the idea that war in itself ana (Mr. BUYER) is recognized for 60 is something unsure, it is destabilizing, minutes as the designee of the major- to war. I call it the sounds of freedom. that it potentially affects the cost of ity leader. One was asking, please give peace a Mr. BUYER. Mr. Speaker, I come to chance. The other one was saying I am gasoline in your automobile, it poten- the floor today to cover two points. concerned about the long-term damage tially affects your community, it may One will cover recent rulings in the to our alliances if we do not follow affect relatives who may have to go off FCC regarding the 1996 Telecommuni- what Germany, Russia, China, and to war. So it is something that brings cations Act, and the other is we are France are asking for. The other says about a feeling of unsettlement. But let us answer that question the going to talk about our foreign policy we just need to continue our diplomacy gentleman brought up, why are we en- with Iraq. and we should follow the lead of the Mr. Speaker, in 1996 the Tele- French. That was the voice of dissent tering into this confrontation, it ap- communications Act was heralded as a that came here to the floor today. pears? I think one question that could grand attempt to move the telecom I would say to the gentleman from be well thrown back is this: in 1991, markets toward competition. I was a California (Mr. HUNTER), to those when we had not only lots of folks in conferee on that bill. It was a great voices out there that say give peace a this country and around the world compromise between the House and the chance, it is easy to say that when you against us taking action against Iraq Senate. That bill was greatly heralded sit in freedom, and peace is truly the when they invaded Kuwait, we not only by many people, but 7 years later the consequence of freedom. America rep- had lots of folks on the streets around Act’s intent has been overrun by the resents freedom, and we export hope the world, but we also had a majority FCC’s recent decision that has effec- and opportunity; and Iraq and some of of the Democrat leadership. I do not tively blocked competition and created the sub-national terrorist organiza- fault that Democrat leadership for hav- disincentives for investment by main- tions that represent tyranny, they ex- ing taken their position, which they taining the UNE–P status quo. port fear and terror. have a political right to do, and taking I yield to the gentleman. that side of the debate. But we found b 1415 Mr. HUNTER. If the gentleman afterwards, to answer those people who It is not only the intent of the act would yield on that point, I agree with said give peace some time, give it a that is being circumvented. More tan- the gentleman that the folks who ex- chance, give us another 10 months, 18 gibly, the already-fragile telecom in- press their dissent and have been ex- months, whatever, we found out that dustry has suffered another financial pressing their dissent in government, according to United Nations estimates, setback. In response to the FCC’s deci- basically giving the other side of the Saddam Hussein at the time that we sion, many of Wall Street’s analysts debate, are providing a public service defeated him in battle was 6 months have made their voices heard on the by doing that. But I think there are a away from having a nuclear weapon. negative effects that the decision will few observations that are important So certainly those well-meaning have on the economy, including Mor- here. folks who thought that time was on gan Stanley, Goldman Sachs, Lehman There have been people dem- our side discovered afterward, and to Brothers and others. onstrating worldwide in large numbers, the surprise of everyone, conservatives, An analogy of the FCC’s decision hundreds of thousands of people, liberals, Democrats, Republicans, none would be to allow McDonald’s, or Burg- against the prospect of war with Iraq. I of us knew how close he was to having er King, a competitor, to come into do not think any of those people dem- that system. So time is not always on their restaurants and use their entire onstrated when the Kurdish babies our side. facilities. You bring your meat, you fry were laid low by the gas attacks with It is my estimate, after having con- it up, you bring your own drinks, you poison gas that Saddam Hussein spread ducted some closed hearings and some use it all, you use their advertising, over their villages. open hearings, eight hearings in total, you use their building, you use their I do not think any of those folks it is my judgment that this country is drive-up window, you use their cash demonstrated when he gassed Iranians going to have a nuclear device in about registers, and you are in competition by the tens of thousands, or when he 3 years, and, along with that capa- with the McDonald’s or Burger King executed his own people, cut off their bility, possessing that capability, be- franchise? ears and did the myriad of reprehen- cause we have allies who have nuclear No one in America would ever allow sible acts that have now been ascribed devices, Britain has nuclear devices a competitor to do such a thing. But to him, both in closed-door sessions by and we are not worried about them,

VerDate Jan 31 2003 02:27 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.046 H06PT1 March 6, 2003 CONGRESSIONAL RECORD — HOUSE H1663 that country has with its present lead- United Nations or on the part of the solutely no success in terms of finding ership, I think, the intent to use that arms inspectors. Those come from doc- it. capability against Americans, either in uments from the Iraqis themselves, Remember this great idea where we theater or in the American homeland. from their own declarations and their were going to isolate or bring out for Mr. Speaker, when you add up capa- own documents. So the 6,500 liters of interrogation these people in the Iraqi bility plus intent, you have a national anthrax, for example, which is enough technical establishment, the scientists, interest; and our national interest now anthrax to kill around 1 million folks, the engineers who build this stuff? is to take that away from him before is something that came from their doc- Somehow we were going to get them he has the full capability. So I think umentation, not ours. That is some- and the families alone outside of the that reasonable people can differ on thing that they have not turned over. country, and then they were going to this subject. But the lesson of Desert The thousands of chemical munitions tell us things, just like the ones that Storm I was that time is not always on that the gentleman has gone through, have come out have told us. our side. that comes from their documentation, Now, that has not happened; and not Mr. BUYER. Reclaiming my time, be- not ours. So this is like the store- surprisingly, while these people are ginning with the threat, I think is keeper who says here is my inventory under the control of Saddam Hussein, probably the right place for us to start list, and then later on he wants you to while the Iraqi guard stands there and this discussion here today. expect that somehow, without any out- looks them in the eye, they say, I A report released on September 9, ward manifestation or anything that would rather not talk unless I am ac- 2002, from the International Institute could be picked up or anything that companied by one of Mr. Hussein’s offi- for Strategic Studies, an independent was shown to the rest of the world, all cials. research organization, concludes that of those weapons have disappeared. b 1430 Saddam Hussein at that time, actually Let me just say, and this might be Saddam Hussein could build a nuclear the time to comment on this, the easi- Well, of course they say that. The bomb within months if he were able to est bet in show business is that this safety of their lives and the lives of obtain the fissile material. Iraq has tiny little handful of so-called inspec- their children depend on them saying stepped up its quest for nuclear weap- tors, and there are less inspectors than that. ons and has embarked on a worldwide there are policemen in the average This country has to act in the secu- hunt for materials to make an atomic small town in America, the idea they rity interests of the United States. I bomb. We all know about the alu- are somehow going to be able to go recall, with respect to these other minum tubes, the dual-use material through this massive state and dis- countries that have not come on board, and technologies that he has been try- cover weapons of mass destruction in that when Menachem Begin hit the ing to obtain. these vast empty buildings that the in- Iraqi nuclear reactor site in Osirak in So the gentleman’s comments with spectors are being shown by the Iraqi the 1980s, lots of countries in the world regard to time, it is true; and I do not bureaucrats, the idea that that is in publicly deplored the act, and said this know why some people are unwilling to some way going to happen is an abso- was a terrible intrusion on the Iraqi acknowledge this individual’s ambi- lute fantasy. airspace. They then walked quietly tions. Saddam Hussein has repeatedly So I predicted early on, before this into the security of their own offices met with his nuclear scientists over thing ever started, on the record, that and they breathed sighs of relief be- the past few years, signaling his con- they were not going to find anything of cause that capability had been taken tinued interest in developing a nuclear import. These folks have had a long way. weapons program. time to bury it. And the Iraqi bureau- Mr. BUYER. Mr. Speaker, I would With regard to chemical munitions, crat who actually leads arms inspec- ask the gentleman, is this the same nu- Iraq admits but UNSCOM cannot con- tors into these places, and 90 percent of clear reactor that was built by the firm the destruction of 6,500 chemical- them are places where they have been French? weapon bombs filled with 1,000 tons of before, time and again, big empty Mr. HUNTER. Yes. I think one agent, over 3,000 tons of chemical war- buildings, and lo and behold, there is a French engineer was killed that way. fare agents, 614 tons of precursor weapon of mass destruction that some- There was one engineer working on a chemicals used to make the most toxic how the maid forgot to clean up from Saturday or Sunday at the Iraqi site. nerve agent, VX, 550 artillery muni- the night before, that bureaucrat is As I recall, there was one engineer tions, 155 millimeter, filled with mus- going to be considered two things: one, killed. tard and chemical warfare agent, and the dumbest bureaucrat in Iraqi his- My point is, the world has two faces; 31,658 empty and filled chemical weap- tory, and, secondly, shortly thereafter, one face in which they, too, are deathly ons munitions. the deadest bureaucrat in Iraqi history. afraid of an emerging nuclear capa- Iraq continues to rebuild and expand So this is a state that has had an en- bility on the part of Saddam Hussein, the dual-use infrastructure that could tire agency devoted to hiding things and terrified with the present-day quickly divert from chemical weapons very effectively, and the idea that this chemical and biological weapons capa- production such as chlorine and phenol little bitty corporal’s guard of so- bility. They do not want him to hurt plants. called inspectors is somehow going to them, they want us to protect them. Iraq is seeking also to purchase find them, is like saying that this mas- On the other hand, those people, espe- chemical weapons, agents, precursors, sive police force in Washington, DC., cially the people that Don Rumsfeld and applicable production equipment and the police force in D.C. is 10 times describes as those who live in the and is making an effort, obviously, to as big as the inspectors for all of Iraq, neighborhood, who have to deal with hide those facilities while inspections it is like saying that the drug lords of them, are going to be very reluctant to even continue. Washington, DC. are expected to pile publicly say that the bully should be With regard to biological weapons, all of their cocaine at an intersection taken on, because the bully is going to Iraq admits, but the U.N. cannot con- on Pennsylvania Avenue at a given remember what they said. firm, the destruction of 8,500 liters of time. When they do not pile it up, and Mr. BUYER. I would say to the gen- anthrax, 2,160 kilograms of bacterial- the Washington Post thereby concludes tleman from California (Mr. HUNTER), growth media, enough to produce 26,000 that there is not any cocaine in Wash- since we talked about the present liters of anthrax, 38,000 liters of botu- ington, DC., you will have the equiva- threat, let us spend a little time on linum toxin and 5,500 liters of lency to what some of the media is what Saddam Hussein has done from aflatoxin. doing today with these reports of nega- 1991 to present. Mr. HUNTER. If the gentleman tive findings with respect to Iraq. With regard to his repression of the would yield on that point, the facts Of course, they are not going to turn Iraqi people themselves, there is his re- that the gentleman is putting out are over this stuff that they have spent fusal to admit human rights monitors; especially important because those are millions of dollars hiding to this little continued torture; the executions and not guesses on our part. In fact, they bitty force which does not have the repression of political opposition; dis- are not even guesses on the part of the ability to go in and which is having ab- appearances of people in the night;

VerDate Jan 31 2003 02:27 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.049 H06PT1 H1664 CONGRESSIONAL RECORD — HOUSE March 6, 2003 withholding of food and medicine in flicts a heavy blow on us, that is when Because of that, I think we see the the food for peace program; the mass we rally; that is when we talk about intent, and when the intent is married murder of Iraqi Kurds and Iraq Shi’a the day of infamy; and that is when we up with the ability to do it, we are Muslims. He continues to support go out and strike back and overwhelm going to rue the day that we, for con- international terrorist organizations, the enemy, and justice prevails. venience’ sake and for stability’s sake which has been well known. The problem with the Pearl Harbor and for safety’s sake, we gave up an op- He also has refused to account for school is that these weapons are so se- portunity to disarm him when we had Gulf War prisoners. In his failure to ac- vere today and so dangerous and so de- the opportunity. count, Saddam Hussein has been un- structive that we cannot afford to wait Mr. BUYER. Mr. Speaker, to support willing to come forward on 609 cases of to have a Pearl Harbor occur before we the gentleman’s position on a preemp- missing Gulf War prisoners of war and eliminate the source. To some degree, tive strike, I think it has been clear missing in action representing 14 na- we are carrying that out right now. that Saddam Hussein’s efforts to cir- tionalities, including one American September 11 killed a lot of Americans; cumvent the economic sanctions has pilot. We also have Saddam Hussein but, arguably, the new tightening of proven itself very successful. Saddam failing to return and account for a our borders, the new security efforts has illegally imported hundreds of bil- large number of Kuwaiti citizens and we have undertaken in the American lions of dollars in goods, in violation of citizens of other countries who were homeland should prevent some of those economic sanctions, and even outside detained during the Iraqi occupation. things from being able to happen again. of the U.N.’s oil for food program. Also, Saddam Hussein has refused to Therefore, it could be argued that For example, Iraq has imported a return stolen property from Kuwait, there is no reason for us to be in Af- fiberoptic communications system that and Saddam Hussein has continued his ghanistan going after people and dis- supports the Iraqi military. It has di- efforts to circumvent the economic rupting terrorist groups; in fact, in verted dual use end items obtained sanctions. some cases taking on people who per- under the oil-for-food program for mili- So for those who are saying give sonally were not involved in the event tary purposes. For example, Iraq di- peace a chance, let us let the economic of 1995. verted U.N.-approved trucks for hu- sanctions work, are they working, I But what we have discovered is that manitarian relief purposes for military we do have to do some preemption. I ask the gentleman from California? purposes, and has used construction think this question is going to be fac- Mr. HUNTER. I think the gentleman equipment to rebuild weapons of mass ing us again and again in this century: has given an excellent representation destruction-affiliated facilities. They Are we going to stand by and watch of what this dictator does, Mr. Speak- came to Iraq under the dual use pro- somebody who has demonstrated an in- er, and what he stands for. I think that gram. tent to kill Americans develop high builds an excellent context in which we Saddam Hussein also has about $3 technology with which he can kill lots can try to evaluate whether or not billion in illegal proceeds that he is of Americans, and stand by and wait peace would work, given a chance. able to use with these items. He is con- for him to gain that weapon and use it First, he is deceptive. Secondly, I tracting with over 75 nations around on us before we respond; or are we think he believes his future depends on the world, and he is giving priority going to try to eliminate that danger manufacturing weapons of mass de- contracts to France, Germany, and struction. Third, he is willing to take before the Pearl Harbor occurs? That is a tough thing, because Amer- Russia in return for their support in his own people through enormous dis- icans do not like to be the first ones to this very difficult time. comfort and inconvenience and danger strike out. When we watch the speech Does the gentleman have any com- in order to achieve his own political of FDR after Pearl Harbor, there was ments he would like to add? ends. Mr. HUNTER. Mr. Speaker, I would no dissent in the House Chamber. That But I would say to the gentleman was an easy vote, that vote for war. We just say, and I hope my colleague will that there are pieces of Saddam Hus- were all together, we had that common excuse me, because I have to go try to sein’s activities, although maybe not ground, and had that feeling that we do something we have both been work- the composite, but it can be fairly said, were in the right. As Joe Lewis said, ing on, and that is talk to some folks and it has been said by lots of people, we felt that God was on our side. from our Committee on the Budget and are there not other dictators in the Now we are faced with these terrible convince them we need more for de- world who do the same thing, and we weapons, and we cannot afford to take fense. are not attacking them? the blow that will come from those sys- But I would say, Mr. Speaker, that I I would say that that is true. I would tems. In a way, we are a little bit like think the gentleman has laid out a say the reason that I think we should little tiny postage stamp Israel that very well-documented case for taking move forward, and I think is the major stood there and watched this nuclear action. I notice also that the gen- justification for this massive oper- reactor being built in Iraq. They had tleman is a veteran of the Gulf War. He ation, is American security. This guy seen the speeches by Saddam Hussein told me about the apprehension that he is the leader who has used ballistic where he made thinly veiled threats to and other Americans had when they missiles against American troops and the effect that the final recipient of heard those missiles coming in. killed them with it. He has used poison the output of those nuclear reactor This is a very dangerous situation we gas against his own people in recent plants would be weapons detonating in are in. I think we have to acknowledge times. He has exhibited a willingness Israel. Israel realized they were too it every time we debate this issue. Is to kill Americans. small, too flimsy, too frail to take that this dangerous? Yes, it is dangerous. As a result of the background that I massive blow, so they went out and de- The policies of doing nothing are also have seen and the facts that I have stroyed that plant. extremely dangerous. This is not going seen, it is my conclusion that if he can Unfortunately, one person was killed. to be the easy century following the achieve the production of a nuclear de- He was an engineer from France who disassembly of the Soviet empire that vice, that at some point he will use it was working there over the weekend. we once thought it was going to be. on our troops in theater or on Ameri- But because of that, they saved thou- I think we need to have a broad mili- cans. I think it is a wise decision to sands of people from being killed. tary capability, the ability to make a keep him from being able to do that. So whether we embark on this policy surgical strike, to fight guerilla war- That takes us to, I think, what I of preemption or not is a valid subject fare, to take on conventional attack think is a very important point for pol- for a major policy debate, but I think, and armored attack, and also the abil- icy debate. It has been a point for pol- in many cases, the answer must be yes; ity to stop a missile attack. We live in icy debate. We now have what I call the and certainly in this case this person is an age of missiles, and we have to be Pearl Harbor school emerging from the a person who has already killed Ameri- able to stop that. other side of this debate. Those are the cans with ballistic missiles as well as In this case, we have to have the abil- people who say, by golly, we are Amer- with conventional capability, and has ity to preempt and disarm an adver- ica. We wait for our Pearl Harbors be- tried to acquire these other capabili- sary whose intended goal is to destroy fore we respond. When the enemy in- ties. Americans. I know it is a difficult,

VerDate Jan 31 2003 00:55 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.051 H06PT1 March 6, 2003 CONGRESSIONAL RECORD — HOUSE H1665 tough thing to do, and I would just ask ment, support, and manufacturing fa- The next resolution by the U.N. Se- the gentleman to comment on this a cilities. This was in 1991. curity Council was No. 1115 on June 21 little in his remarks after I leave. Iraq must unconditionally agree not of 1997. It condemns repeated refusal of I have been impressed with this to acquire or develop nuclear weapons Iraq authorities to allow access to U.N. President, because if he had wavered or nuclear weapons-usable material, or inspectors which constitutes a clear slightly through this last process of any research, development, or manu- and flagrant violation of U.N. resolu- the last 6 months or so, we would be facturing facilities. It continues, recal- tions 687, 707, 715 and 1061. Iraq must faltering right now. But he under- citrant. fully cooperate with the U.N. weapons stands his role, which is as President of Iraq must unconditionally accept the inspectors and allow immediate, un- destruction, removal and rendering the United States, and his duty to the conditional and unrestricted access. harmless under international super- security of the United States. Iraq must give immediate uncondi- vision all ballistic missiles with a That is not a role which is to be sub- tional, unrestricted access to Iraqi offi- verted by a vote by Cameroon, for ex- range greater than 150 kilometers. Now he is destroying missiles; this was back cials whom the U.N. inspectors want to ample, or some other country whose interview. It never happened. name Americans have difficulty re- on April 3 of 1991. The list goes on and membering. It is an American obliga- on under that resolution. The next U.N. Security Council reso- tion to defend Americans. He is our The next resolution out of the U.N. lution was 1134 on October 23, 1997. It Commander in Chief. He staged the Security Council was number 688 on condemns repeated refusal of Iraqi au- forces very effectively for this oper- April 5 of 1991. It condemns the repres- thorities to all access to the U.N. in- ation. He is willing to account for the sion of the Iraqi civilian population, spectors which constitutes a flagrant success or failure of any military oper- the consequences of which threaten violation, again, of resolutions 687, 707, ation. He is a good commander in chief. international peace and security. 715, and 1061. It says Iraq must fully co- Iraq must immediately end repres- I think he has done the right things. operate with the U.N. weapons inspec- I think some of the allies falling by sion of the civilian population, and tors and allow immediate uncondi- Iraq must allow immediate access of the wayside was entirely predictable, tional, unrestricted access. international humanitarian organiza- because when good old Americans can tions to those in need of assistance. It Boy, this sounds like a broken carry the load, other countries are never happened. Those were the words record. often willing to let us do that. That is of the U.N. April 5 of 1991. Iraq must give immediate uncondi- why, when we bring 90 percent of the The next resolution came from the funding to a military operation that tional, unrestricted access to Iraqi offi- U.N. Security Council, number 707, on cials whom U.N. inspectors want to they ask us to do, like Bosnia, we August 15 of 1991. sometimes choke a little bit but we interview. It never happened. usually do it; and usually they are will- b 1445 The next resolution came from the ing to stand back and let us bear the It condemned Iraq’s serious violation U.N. Security Council on November 12, brunt of those operations, because it is of resolution 687. It condemned Iraq’s 1997. It condemned the continued viola- practical for them for their politics noncompliance with the International tions by Iraq of previous U.N. resolu- and economy. Atomic Energy Agency and its obliga- tions including the implicit threat of But this President has kept his eye tions under the Nuclear Nonprolifera- safety of aircraft operated by U.N. in- on the ball, which is to disarm Saddam tion Treaty. Iraq must halt nuclear ac- spectors and the tampering of U.N. in- Hussein. I think he is moving this mis- tivities of all kinds until the Security spectors’ monitoring equipment. It re- sion forward in a very effective man- Council deems Iraq in full compliance. affirmed Iraq’s responsibility to ensure ner. August 15 of 1991. Never happened. the safety of U.N. inspectors, and Iraq I want to thank the gentleman. I The next resolution by the U.N. Se- must fully comply with U.N. inspec- would like him to talk a little bit curity Council, No. 715, October 11 of tions and allow immediate uncondi- about Desert Storm. I have to take off, 1991, said Iraq must fully cooperate tional, unrestricted access. It never but I would like the gentleman to with the U.N. and the International happened. share with folks about Desert Storm, Atomic Energy Agency inspectors. that the gentleman is a veteran of, and Never happened. The next U.N. Security Council reso- the quality and capability of the folks The next resolution from the U.N. lution was 1154 on March 2, 1998. They we have in the Armed Forces. Security Council, No. 949, October 15 of said Iraq must fully cooperate with the Mr. BUYER. I thank the gentleman 1994, condemns Iraq’s recent military U.N. and the International Atomic En- from California, Mr. Speaker. deployments toward Kuwait. Iraq must ergy Agency weapons inspectors and There have been over 17 resolutions not utilize its military or other forces allow immediate unconditional, unre- before the United Nations in which in a hostile manner to threaten its stricted access and notes that any vio- Saddam Hussein continues his open de- neighbors or U.N. operations in Iraq. lation would have the severest of con- fiance. Iraq must fully cooperate with U.N. sequences for Iraq. That was in 1998. Do The first resolution was November 29 weapons inspectors and Iraq must not you think Iraq was scared? These words of 1990, that said Iraq must comply enhance its military capability in are beginning to get very, very empty fully with Resolution 660 regarding the southern Iraq. Never happened. if you say them over and over again. illegal invasion of the country of Ku- The next U.N. Security Council reso- The next resolution was 1194, Sep- wait. lution was No. 1051 on March 27, 1996. tember 9 of 1998. It condemned the deci- The next resolution was number 686, They said Iraq must report shipments sion by Iraq on the 5th of August 1998 on March 2 of 1991. It says Iraq must re- of dual-use end items related to weap- to suspend cooperation with the U.N. lease prisoners detained during the ons of mass destruction to the U.N. and and the International Atomic Energy Gulf War. Iraq must return Kuwaiti to the International Atomic Energy Agency inspectors, which constitutes a property seized during the Gulf War. Agency. Iraq must fully cooperate with ‘‘totally unacceptable contravention of Iraq must accept the liability from the U.N. and these agency inspectors its obligations under the U.N. resolu- international law for damages during and allow immediate unconditional, tions 687, 707, 715, 1060, 1115, and 1154.’’ its illegal invasion of Kuwait. He has unrestricted access. It never happened. And they said Iraq must fully cooper- not done anything about that. The next U.N. Security Council reso- The next resolution, number 687 on lution, 1060, on June 12, 1996. It de- ate with the U.N. and IAEA weapons April 3 of 1991, Iraq must uncondition- plores Iraq’s refusal to allow access to inspectors and allow immediate uncon- ally accept the destruction, removing U.N. inspectors and Iraq’s clear viola- ditional, unrestricted access. and rendering harmless under inter- tions of previous U.N. resolutions. Iraq The next resolution came on the 5th national supervision of chemical and must cooperate fully with U.N. weap- of November of 1998. It was resolution biological weapons, all stocks of ons inspectors and allow immediate un- 1205 of the U.N. Security Council. It agents, and all related subsystems and conditional and unrestricted access. It condemns the decision by Iraq of 31 Oc- components of all research develop- never happened. tober 1998 to cease cooperation with

VerDate Jan 31 2003 00:55 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.053 H06PT1 H1666 CONGRESSIONAL RECORD — HOUSE March 6, 2003 the U.N. inspectors as a flagrant viola- logical weapons programs alone. Each whether it is in the Horn of Africa or tion of resolution 687 and other resolu- of these has been an outward lie and wherever al Qaeda is trying to hide, tions. And they said Iraq must imme- has failed to account for large stock- you work cooperatively with nations; diately and completely and uncondi- piles of prohibited materials. you take it to the terrorist organiza- tionally cooperate with the U.N. and The United Nations has worked with tions. IAEA inspectors. It never happened. three countries to give very good ex- Likewise, with Saddam Hussein, who The next resolution by the U.N. Se- amples of cooperative disarmament. poses a threat to destabilize the region curity Council was No. 1284, December Those countries would be South Africa, of the Middle East, the United States 17, 1999. It created the United Nations Kazakhstan, and Ukraine. And there as a superpower, some people are un- Monitoring, Verification and Inspec- are three very basic elements of co- comfortable with that word, but it is tion Commission to replace previous operation. One is a decision must be true. The United States is the sole re- weapons inspection teams. And they made at the highest level to disarm. maining superpower. We have a respon- said Iraq must allow this new inspec- Next would be you have to state your sibility to regional stability in the tion team the immediate uncondi- national intentions. And third is you world. tional, unrestricted access to Iraqi offi- cooperate with international efforts to Saddam Hussein has been recal- cials and its facilities. Iraq must fulfill verify the disarmament behavior and citrant to the world, and his threats its commitment to return Gulf War that it is open and it is transparent, will continue along with his coopera- prisoners, this is 1999, and calls on Iraq not secretive. tion with these terrorist organizations. to distribute humanitarian goods and Iraq with regard to its highest level, Now, I am a father, like many. My medical supplies to its people and ad- their efforts are concealment. Iraq also son is 17. I love Ryan. But if I said, dress the needs of vulnerable Iraqis tasked its key institutions toward Ryan, you know, you have got a curfew without discrimination. It never hap- thwarting the inspectors, and instead and he violated his curfew 17 times and pened. of transparency, Iraq chooses to con- I did nothing, and I see he is getting The next resolution then was the one ceal and lie. That is very, very dif- ready to go out tomorrow night and I which is presently being discussed, ferent from what we have seen. So the said, Ryan, remember your curfew, 1441. This resolution was meant to be cosmetic compliance that is presently what do you think he is going to do? He different from all of these that I just going on is nothing new. is going to come home whenever he mentioned. Because this resolution was With regards to Dr. Blix, I want to pleases. Why? Because my words are by its very nature words that were ne- extend my thanks. He has a very dif- hollow. They mean nothing. I say them, but he will not follow them be- gotiated painstakingly to give a final ficult job to do. He is trying to make cause they have no meaning or defini- opportunity for Iraq to comply with its Saddam Hussein comply. Knowing that tion, therefore, no consequence for the disarmament obligations under all this track record that we have laid out, recalcitrant act. That is Saddam Hus- these relevant resolutions by the coun- knowing the little games he plays, and the cheat and retreat strategy that he sein. cil. So all these resolutions that I talked During that same time, Congress de- has, Dr. Blix has a tremendous job. But about, great words. They are firm. But cided it would also exercise a voice. In Dr. Blix was never meant there to be a if the U.N. is not going to give meaning 1998 there was H.R. 4655, a sense of the detective. He was meant there to work and definition to the words, who will? Congress that U.S. policy is regime with a country cooperatively in a change and democracy for Iraq. That transparent effort to disarm the coun- b 1500 was during the Clinton administration, try that was meant to comply with all Who will stand up and exercise the October 5 of 1998. of these resolutions. might to make right? Once again, the On December 20 of 2001, House Joint So almost what has happened is that United States, we have seen this be- Resolution 75, Congress spoke and said the world has placed an unrealistic ex- fore. We have been there before. We are Iraq is in material breach of U.N. reso- pectation upon Dr. Blix. We cannot do going to do it again. lutions. It passed this House by a vote that and should not do that to him. I think about my comrades who find of 390 to 12. That is why resolution 1441, it demands themselves on the desert floor. I re- The next resolution that came from nothing less than the full and imme- member very much what it was like. this House was on October 10, 2002, diate disarmament by Iraq. So this re- One thing I can share and to the moth- which authorized military force in Iraq port that is going to be presented to- ers and fathers who have their loved and passed this House by a vote of 296 morrow is extremely important. I be- ones who are about to be in harm’s way to 132. So we have had a continued dec- lieve that no one can say that Iraq’s is that not only has this Congress ade of deception and defiance that has cooperation has been full and imme- taken the appropriate resources to help been noted. diate because the regime has submitted train and equip these men and women The decade of deception and defiance a false declaration, it has blocked pri- over the last decade, this force is bet- continues. I went through this long lit- vate interviews. Only 5 of the 30 re- ter than the force that I fought with in any. Sure, it may have taken 15 min- quested UNMOVIC have even taken the Gulf War. I am so proud of them. utes, but it was 10 years of work and place. They have threatened witnesses When I see them, they give me chills. labor by the U.N. and their families with death, and they They represent the very best of Amer- The time for the U.N. in its relevancy have hidden documents and concealed ica. and materiality of this present is be- materials from inspectors. I will never forget the scene in the fore us. Are the words going to have The ‘‘why now’’ question for me is Indianapolis airport of a young sailor meaning? The President has come for- obvious. For others who perhaps do not who was getting ready to be shipped ward and made that point very clear to know about all these resolutions and off, and he has his sisters with him, his the United Nations. what has gone on, it is a good question very young brother, his parents are My hope is that the U.N. stands firm to ask. The President has come forward standing there and his grandparents and gives definition to their meaning. with a preemptive doctrine. Some are also standing there, and he is Saddam Hussein has had a long history maybe do not understand what a pre- standing there in a sailor’s uniform. of complying with inspectors on a very emptive doctrine is. His youngest brother is holding the small and technical scale, and then he What is extremely important is after sailor’s cap as if it were a crown, and it continues to cheat inspectors on a very September 11 is that we have a right of is a scene unlike many scenes all large scale. His tactical concessions self-defense. We also should be taking across the country. are designed to buy time and ease pres- our defenses in doubt. What that means Now this Congress has done its duty. sure on his regime and to split the is you do not just say we are only going It has been vigilant to make sure that international community and to hope- to focus on homeland security. We are this force is prepared. It will be highly fully end resolve. going to cower in our defenses and seek lethal, it will be highly mobile, and it Since 1991 Saddam has presented no the security because we feel unsecure. has very precise munitions. fewer than six, six full and final and No. You take it to where the threat is. With regard to the enemy for which complete declarations of his illegal bio- So whether it is in Afghanistan or they are about to face, I remember the

VerDate Jan 31 2003 00:55 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.055 H06PT1 March 6, 2003 CONGRESSIONAL RECORD — HOUSE H1667 Iraqi people themselves, to include the sequences of war. I know about the H. RES. 130 conscripts. I interrogated many of long dark shadows of horror. I know Resolved, That the following named Mem- them during the Gulf War. They do not about things that are unimaginable bers be and are hereby elected to the fol- like Saddam Hussein. Iraq is a very and things one does not speak of and lowing standing committee of the House of wealthy country, and Saddam only things that we see we just cannot be- Representatives: COMMITTEE ON STANDARDS OF OFFICIAL CON- takes the wealth of that country to the lieve. War is inhumane toward man- DUCT: Mrs. Jones of Ohio, Mr. Green of benefit of a very few as he suppresses kind and I cannot believe in this day Texas, Ms. Roybal-Allard, Mr. Doyle. other tribes within Iraq. They do not and age, for all of our sophistication Mr. MENENDEZ (during the read- like Saddam Hussein. and technological advances, that man ing). Mr. Speaker, I ask unanimous One of the individuals I was interro- still yet has not found a way to resolve consent that the resolution be consid- gating had, under his blouse, I saw this our differences. ered as read and printed in the RECORD. red and blue sort of semicircle. I could The bottom line is this is not up to The SPEAKER pro tempore (Mr. not understand exactly what it was. I us. This is now up to Saddam Hussein. BISHOP of Utah). Is there objection to asked him to undo his blouse and it I still hold out the hope that there is a the request of the gentleman from New was a Chicago Cubs T-shirt. He had rel- country out there that is willing to Jersey? atives that lived in Michigan, and they take him in and that we can actually There was no objection. were fans of the Cubs, and so he tried move in peacefully and change the re- The resolution was agreed to. to track the Chicago Cubs. gime. That is my desire, that is my A motion to reconsider was laid on One other story. In order to help hope. It is my prayer and I know that the table. bring calm and peace at the Western the soldiers that are standing there f antiwar camp, we gave the Iraqi pris- feel the same way. They pray for peace, oners, over 46,000 of them, what they even though they are prepared for war WAR WITH IRAQ wanted to hear. They wanted to listen because they are the ones that gave an The SPEAKER pro tempore (Mr. to Madonna. So we piped in Madonna oath to give their life to defend the BISHOP of Utah). Under the Speaker’s music. They are more Western than Constitution and our very liberties and announced policy of January 7, 2003, one can imagine, and they do like freedom. the gentleman from Michigan (Mr. America, and they do not like Saddam So let me end where we started, with OBEY) is recognized for 60 minutes as Hussein. the voice of dissent. I acknowledge the the designee of the minority leader. With regard to the leadership, I came voice of dissent as constructive to the Mr. OBEY. Mr. Speaker, in the con- out of the interrogation tent. My inter- discussion. I find what is not construc- duct of foreign affairs, every President preter at the time was former King tive are those in an antiwar message deserves the benefit of the doubt. Fahd’s grandson, Bandar, and as I come that would also be ‘‘un-American.’’ Do I am standing here today in an empty out of this tent, there is an Iraqi gen- not go out and burn the flag. Do not Chamber because these special orders eral officer sitting on the desert floor. say and be obnoxious and do something are simply the time in the House’s He is sitting there with his legs stupid. If a person has got something schedule when after legislative busi- crossed. His elbows are on his knees. that is constructive that can bring ness is concluded Members can gather His hands are in his face, and he is peace and tranquillity to this world, or take the time to get something off weeping like a child so hard that his step forward and say it, but they can their chest, and so I am here today to shoulders are actually shaking. I stood do so in a manner without being un- get something off my chest about the there and I looked at this and behind American or being disrespectful of in- coming war with Iraq. are his army. I walked up to the gen- dividuals of whom have lost loved ones, As I said, in the conduct of foreign tleman, and I kicked the sole of his or even have someone who finds them- affairs, I think every President de- boot. I then ordered him to stand at at- selves in harm’s way in the very next serves the benefit of the doubt, and on tention. few days. a number of occasions, I have worked Through the interpreter he tells the I think what we should do is go find with Presidents, regardless of party, on general man to stand up. I got really something and send it to a soldier that foreign policy issues. Sometimes I have close to him, looked at him, asked if he is in the desert. Pick it out, support honestly differed. was a general officer. He asked him and the troops that are over there. Believe Iraq, in my view, is a close call. acknowledged and shook his head and me, it is a very lonely place, the Saudi There is no doubt that Saddam Hussein said yes, and I told him then act like Arabia and Iraqi and Kuwaiti desert. is a pathological thug. We have lived one. Now think about this scene. I am Just to glance upon the American flag with and contained other sociopaths a United States Army captain, telling is something that will give a chill be- before. Example, Joseph Stalin, whose an Iraqi general officer how to act. cause it is the only thing out there 50-year anniversary of his death we Why? Why would a United States Army that that can strike a memory of home just celebrated yesterday. It is hard to captain have to do such a thing? Be- and of loved ones. believe he has been gone 50 years, but cause he was not a general officer be- I know that the decision that Presi- we did not attack the Soviet Union, cause of his strategic mind and his tac- dent Bush has in front of him is one even though Stalin was probably one of tics. He was a general officer because of that he understands the burden of the the two greatest sociopaths of all time, his loyalties and relationships to Sad- decision because he also understands the other being Hitler. dam Hussein. the opportunity that the peace will We have also seen groups like the So, with regard to ‘‘the enemy’’ in bring, not only to the regional sta- Khmer Rouge systematically butcher which we are about to face, they are bility, but the opportunities and new their own people, and certainly, the ad- not led by great military minds. So it alliances and greater heights for free- ministration has not, in any way, dem- would be no wonder why the conscripts dom. onstrated or tried to demonstrate that and others will fold quickly. I also be- Saddam had anything to do with the lieve that he was weeping, not for his f attack of September 11. men which stood behind him, he was But it may very well be that we need weeping for himself because he knew ELECTION OF MEMBERS TO CER- to remove him at some point, and that that upon repatriation, Saddam Hus- TAIN STANDING COMMITTEES OF point may be soon. My purpose today is sein would probably execute him. That THE HOUSE not to talk about that. My purpose is is the repression of Saddam Hussein. Mr. MENENDEZ (during the Special to talk about what condition America The Kurds and the Shi-ites have been Order of Mr. BUYER). Mr. Speaker, by will be in both at home and abroad if waiting a long time for this day. I direction of the Democratic Caucus, I we take on that task, because if we do know that in my own sense and feeling offer a privileged resolution (H. Res. it, we have an obligation to go after of having gone through what no dif- 130) and ask for its immediate consider- Saddam in a way that does not weaken ferently that my ancestors have gone ation. our ability to lead the world in dealing through for freedom and liberty in this The Clerk read the resolution, as fol- with future challenges that will cer- country, I know about the con- lows: tainly confront us.

VerDate Jan 31 2003 01:08 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.057 H06PT1 H1668 CONGRESSIONAL RECORD — HOUSE March 6, 2003 My concern is that this administra- right and intention to do on those Now, I have no doubt that we are tion has demonstrated such short- other treaties. going to war; and when we do, I, like sighted arrogance that they have made b 1515 every other Member of this body, will it more difficult for the United States rally around the troops in the field, be- to retain its leadership ability and to Second, the administration added to cause they are doing their duty under see that the U.S. has the support it the unraveling of NATO and the weak- the Commander in Chief and we have needs in this coming endeavor. ening of the Security Council resolve no choice and no desire to do anything Now, it is obvious that President by announcing twin doctrines of Amer- but to support them. I know my daugh- Bush and Mr. Rumsfeld and Mr. ican unilateralism and preemption. ter-in-law’s brother is one of those Wolfowitz and a number of others in Now, obviously, the United States and patchy helicopter pilots who will be the administration have intended to any other sovereign nation has the stuck with heavy duty over there. But, attack Saddam since the moment they right to undertake a unilateral or pre- please, Mr. Speaker, spare us the rhet- took office, but if that is so, you would emptive act to defend its own people. oric about how this operation is going think that the administration would Obviously. But to announce it and to to transform Iraq into a beacon of de- have done anything that they could do trumpet it to the world as a new intel- mocracy. in order to build allies for the coming lectual doctrine scared the bejabbers Mr. Speaker, I have heard such over- effort, both at home and abroad. In- out of many countries and gave other blown rhetoric about how this action stead, the administration has dealt countries an excuse to do the same will unleash the forces of sweetness with Congress and with the inter- thing. and democracy in Iraq, but I fully ex- national community in a my way or Mr. Speaker, whatever happened to pect that the next thing we are going else approach. Teddy Roosevelt’s advice, ‘‘Speak soft- to hear is that we ought to replace New At home, after September 11, the ly and carry a big stick’’? And it did Hampshire with Iraq on the Presi- Congress in total bipartisanship fash- not help that the administration’s dential primary cycle. ioned an initial $40 billion package to chest-beating on preemption came at Mr. Speaker, it is clear that the die deal with the immediate response the same time that our own officials is cast, and I am not going to continue needs of the administration, but then were worried pea green about a pre- to chew the same old argument. This when Members of the House and Senate emptive military action that might be House has already voted. But before attempted to talk to the administra- taken by either India or Pakistan dur- this operation moves ahead, I want to tion about the need to do more to build ing their escalated confrontation. express my dismay at the shortsighted up our homeland security efforts in our Third. The administration even let it and thoughtless manner in which the ports, on our borders, in our local com- be known that nuclear weapons were a administration, through its careless munities. We were told, in essence, if possibility in Iraq under certain cir- and arrogant unilateralist rhetoric, has you allocate or if you appropriate one cumstances. That also added to the mishandled relations with the same dime more than I have asked for, I will world’s jitters. The net result of the NATO allies that we will need in the veto it. administration’s overblown rhetoric re- Security Council. And I would ask Again, in June, when Congress tried sulted in pro-American responses in some of the same questions I asked on again to beef up our ability to protect public opinion polls in Europe declin- this floor before we went to war communities and ports and other vul- ing by almost 20 percent. And all of against Iraq in 1991. And I would say nerable areas from terrorist attack, that made it easier for the French and parenthetically that I was privileged to the President vetoed more than a bil- the German governments to question chair that debate for a considerable pe- lion-and-a-half dollars in homeland se- the Bush administration and its policy riod of the time in which it occurred curity money that this House and the on Iraq. I think it would have been back then. But I want to ask some of other body voted to provide by 90 per- much harder for them to do so if the the same questions I asked then. cent margins of both political parties administration had not spent the last 2 Now, the administration clearly ex- in both Chambers. years telling the rest of the world we pects this war to go swiftly, and they Now, that action by the White House, were going to do everything our way or expect it to go well. And they are prob- in vetoing those funds, raised doubts in suffer the consequences. ably right. I think they are, and I hope Congress. Were we really willing to do And even if we, in the end, obtain the that they are. But my concern is what everything necessary to baton down acquiescence of countries like Ger- about afterwards. Do we really believe the hatches at home, to guard against many and France to proceed on Iraq, that we will not create thousands of retaliatory action if we are going to our past rhetoric will make it more dif- new recruits for al Qaeda and other ter- take on Saddam? The answer from the ficult for the U.S. to have their support rorist organizations in the Arab world? White House, given by its action on the in the years ahead when we will be Do we really intend to continue the veto of home security funds, was only neck deep in a post-war Iraqi-American policy of benign neglect and drift that partly. regency of dubious wisdom. So, in my has characterized our policy toward Internationally, the signals were just view, in short, the administration, by the moribund peace process between as confusing. Now, I know the French its rhetoric, has written a textbook on the Israelis and the Palestinians? How do not need many excuses to go their how not to rally support on a con- long will U.S. military presence be in own way in foreign affairs. They have troversial question. the Middle East after the war is over, demonstrated that from the time of Fourth. As a result of the and how do we intend to handle that Charles de Gaulle. unilateralist rhetoric, the administra- presence that we do not become a But look at the administration’s con- tion has also raised the cost of this en- hated occupying power in a radicalized duct the last 2 years on four fronts. deavor to U.S. taxpayers. President region of the world? First, in the past 2 years, the adminis- Bush’s father was able to work the And I would ask this: While we are tration has unilaterally announced its world by telephone, sort of in a dialing- focusing on Iraq, is the administration, intention to, or its desire to blow up for-dollars operation, in which he was by default, going to acquiesce in North three international treaties: the nu- able to convince other countries to pay Korea’s becoming a permanent member clear test ban treaty, the antiballistic their share for the cost of attacking of the nuclear club? It appears from missile treaty, and the global warming Iraq in 1991. This President has brought what we see in the papers that that is treaty. Then after those actions, the a new wrinkle to diplomacy. He has of- very likely on the part of the adminis- administration professes surprise when fered to pay other countries for their tration. the French and the Germans feel free share of the cost associated with this And then I would ask, bringing the to engage in a little unilateralism of war. That really is an interesting issue closer to home, what are we going their own. By example, it seems to me wrinkle. Meanwhile, the administra- to do to protect our own economy from that, by example, the administration tion has steadily hidden the potential the cost of both this war and its 10-year made it easy for France and Germany range of costs and the duration of our aftermath? So far the administration’s and others to go their own way because occupation of Iraq from the American answer is we are going to go to war and that is what we announced our free people. so we need to cut your taxes.

VerDate Jan 31 2003 01:08 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.060 H06PT1 March 6, 2003 CONGRESSIONAL RECORD — HOUSE H1669 Can you imagine President Teddy at a time when we are contemplating moving Saddam Hussein because I can- Roosevelt or President Woodrow Wil- going to war. not imagine, particularly for the four son or FDR or Harry Truman saying we f young women depicted in this photo- are going to go to war and your coun- graph, what it is like to live in Iraq try needs you to accept a tax cut? b 1530 during these last 20 years. Should we really be saying, we are HUMAN RIGHTS ABUSES IN IRAQ Mr. Speaker, that is why I rise today. going to go to war and so you should It is in the hope of talking about the have a tax cut and your kids should The SPEAKER pro tempore (Mr. human rights record of this regime pay the bill, not just for the war but BISHOP of Utah). Under the Speaker’s that I come to the floor today. We re- for the 10 years afterwards? We are al- announced policy of January 7, 2003, call a great deal of focus in the 1990s on ready being asked to borrow money to the gentleman from Indiana (Mr. the human rights record of Slobodan pay for this war, and the scuttlebutt is PENCE) is recognized for 60 minutes. Milosevic, and the world community that the minute the war begins we are Mr. PENCE. Mr. Speaker, I rise today coming together, including France and going to get a bill from the administra- in the wake of so many thoughtful re- Germany, calling on the United States tion, a request for about $100 billion. marks made in this Chamber as per- of America to challenge and to remove And Lord knows what it is going to haps this Congress is about to adjourn Slobodan Milosevic for one reason: Be- cost in the next 10 years. a weekend before America may again cause of his record of abuse of human And my simple and last question be called upon to lead the civilized rights, his wanton killing of Muslims would be: Should we, at the same time world and the arsenal of democracy strictly out of a policy horrifically that we are borrowing money to pay into battle. known as ethnic cleansing. President for this war, should we also be bor- We have heard from my colleagues Clinton did nobly lead America into rowing money to take millionaires off this afternoon, many of the strategic the breach with France and Germany the tax role, as the White House tax and military and diplomatic justifica- under the color and authority of NATO and budget request in fact is asking us tions for that. They are legion. The and remove that barbarous dictator. to do? I would hope that the political violations of U.N. Resolution 1441 are There were no U.N. resolution. There leadership of this country would be painfully and patently obvious. The re- was no previous example of them at- more mature than that and more fair jection by the regime of Saddam Hus- tacking their neighbors or discussion than that. I cannot believe that we are sein over the last 2 decades through of weapons of mass destruction, there going to put this war on the cuff; that five Presidential administrations and was just a dictator who abused and tor- we are then going to proceed with tax 17 U.N. resolutions, of one inter- tured and killed his own countrymen action that will take another more national convention after another, for ethnic reasons. than $1 trillion out of the Federal argue for the civilized world, for the So I am a bit confused when the Treasury in the next few years and forces of order, to rise up against the human rights record of Saddam Hus- then go to the American people with a forces of disorder, as the columnist sein seems to be irrelevant to many straight face and say we have strength- Thomas Friedman, from the New York who oppose the war. It is a record ened the economy for the long term. Times, is want to say. against which the record of Slobodan I think Americans expect to do their I rise today after having received a Milosevic pales in comparison. The duty in a time of crisis, and I think very thoughtful e-mail from a con- United Nations Commission on Human Americans do not expect that while we stituent named David in Richmond, In- Rights has actually said that Saddam are having several hundred thousand diana. David is opposed to the war Hussein’s record on human rights is troops abroad prepare to make the ulti- strongly, and he wrote to me after urg- second only to that of Adolph Hitler in mate sacrifice in defense of what the ing my staff to make sure that I saw the 20th century, and I want to speak President has concluded is in our na- the letter, not knowing that I see all on some facts, things that we know tional interest, I do not believe that at my mail, but he urged me to look at a about Saddam Hussein and his regime. a time when those soldiers are doing Web site, and so I did. It was not just It is about these beautiful young girls that, that the best we can do back a Web site opposed to the war, but it that I hope Members’ hearts will at- home is to say to everyone on the was mostly a Web site, tach, to think of a regime in which home front, folks, you are going to takebackthemedia.com, or some such these young girls are forced to live is my purpose today. have to sacrifice by taking a tax cut, thing, that showed very moving photo- First, from the United Nations High even though it is going to load billions graphs of families in Baghdad. Commissioner for Human Rights, a 1997 Mr. Speaker, I brought a few of those and billions of dollars of debt on future report, the Commission on Human photographs with me today, like this taxpayers, including the kids that we Rights, reaffirming that all member photograph of a beautiful baby boy say this war is being fought to help states have an obligation to promote curled up on a rug with his official protect. and protect human rights elaborates So, Mr. Speaker, this country is travel papers of his family before him the following actions by Iraq that it going to war. It is obvious. But I would to prove his location. He looks an often strongly condemns: hope that the next time that we do so lot like one of my three small children. One, the massive and extremely we have not ahead of time, as the ad- David had me look at these pictures of grave violations of human rights and ministration has done, that we have families, like this beautiful young fam- international humanitarian law by the not ahead of time looked for ways to ily with a boy about the age of my 11- Government of Iraq, resulting in an all- antagonize the very allies that we are year-old son, families on the streets of pervasive, repression and oppression going to need in this case, like we need Baghdad. The argument was if as a sustained by broad-based discrimina- support in the Security Council today Member of Congress, I were to look tion, and this is the U.N.’s terms, if we are to have unity in the world into the faces of those who may by vir- against his own people, widespread ter- when we take on Saddam. I hope we tue of living in Baghdad fall into ror. learn from this experience that if you harm’s way, I might change my mind Two, suppression of freedom of intend to ask the support of the world about the use of force. thought, expression, religion, informa- in a military endeavor of this nature Mr. Speaker, I must tell Members, as tion, association, assembly and move- that you do not spend the first 2 years I told David in a phone call, when I ment through fear of arrest, imprison- saying, by the way, everything we are look into these bright shining faces of ment and other sanctions. going to do in the world, we are going families who live in Baghdad, in the re- Summary and arbitrary executions to do it our way or no way. I do not gion of what used to be Mesopotamia, were also condemned by the U.N. Com- think that is an intelligent or a this picture taken January 5, 2003, I am mission on Human Rights in 1997, in- thoughtful way to run foreign policy. not moved away from taking action to cluding political killings, enforced or And I certainly do not think that add- remove this regime, I am moved closer involuntary disappearances by the ing over $1 trillion to our budget def- toward it. As I said to David in a phone thousands. Without regard to due proc- icit and our national debt over the next call late yesterday, when I look into ess, political opponents of Saddam Hus- few years is a way to run the economy these faces, I see an argument for re- sein, according to the U.N. Human

VerDate Jan 31 2003 01:08 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.062 H06PT1 H1670 CONGRESSIONAL RECORD — HOUSE March 6, 2003 Rights Commission, have disappeared ed, brought before a firing squad, and The 1990 Iraqi invasion of Kuwait led into the mist. Arbitrary arrest, deten- then blanks are fired as a form of tor- to the death of 1,000 Kuwaiti Muslim tion consisting of a routine failure to ture. nationals. 605 prisoners of war remain respect due process of law, and again David Scheffer, U.S. Ambassador at completely unaccounted for since 1991, thinking of these families, Mr. Speak- Large for War Crimes, reported that including nationals of Kuwait, Saudi er, I quote, ‘‘widespread systemic tor- photographic evidence showed that Arabia, India, Syria, Lebanon, Iran, ture in its most cruel forms. The enact- Iraq had used acid baths during the in- Egypt, Bahrain and Oman. Between 3 ment and implementation of decrees vasion of Kuwait. Victims were hung million and 4 million Muslim Iraqis prescribing cruel and inhuman punish- by their wrists and gradually lowered have abandoned their homes and ment, namely mutilation for punish- into acid. sought refuge outside of Iraq. Many ment of offenses and diversion of med- These are unspeakable acts of barba- hundreds of thousands of Iraq’s Mus- ical care services for such mutila- rism, Mr. Speaker. I am a bit loathe in lims have been displaced internally. tions.’’ this, what is a public forum by defini- Estimates of 900,000 according to the Mr. Speaker, this is a barbarous re- tion, to speak these words after school United Kingdom’s report may be con- gime, and I begin by quoting from the is out, but I think it is important as we servative. United Nations because we hear so think through the strategic issues, as In the north, towns and villages were much about how we ought to rely on we think through the diplomatic systematically destroyed by the regime the United Nations and I begin there, issues, international convention, disar- during the war with Iran. Further but the facts simply continue to flow. mament, international terrorism, that south, non-Arabs in the region of Think about that for a moment, Mr. we also think of this. These are the Kirkuk have been relocated to other Speaker. Widespread terror against his facts that I must assume that the sin- parts of Iraq and Arabs induced to oc- own people, the suppression of human cere activists, perhaps at this very cupy their homes and lands. And in the rights, suppression of freedom of hour, are engaged in some demonstra- south, between 300,000 and 500,000 Mus- thought, expression, religion, informa- tion here in America, or perhaps even lim citizens have been forced from tion, association, assembly and move- on the streets of Baghdad, these are their traditional homes in Iraq’s ment through fear of arrest, imprison- the facts that these people must not marshlands. Thousands of Muslims ment and other sanctions, summary know. How could any decent human have been arbitrarily arrested, ill and arbitrary executions and political being, knowing the official barbarism treated, tortured, and executed in Iraq killings, widespread and systematic of the regime of Saddam Hussein, ever in recent years. torture in its most cruel forms. That is deign to defend it. This is according to the Inter- from the Commission on Human Rights Let us talk for a moment about the national Alliance for Justice News United Nations High Commissioner, cost to fellow Muslims. There are many Service, Amnesty International, April 16, 1997. who want to divide the world along re- Human Rights Watch Country Report, Mr. Speaker, citing from the report ligious lines between the West and the and the U.S. Committee for Refugees published by Great Britain, let us talk Islamic world, suggesting that we in Report, and I will cite each of the fol- about what we know from organiza- the West are not challenging an outlaw lowing. The regime of Saddam Hussein tions like Amnesty International and regime in Baghdad that has attacked 3 has reaped an extraordinary and bar- others, let us talk about the torture of its 5 adjacent neighbors during its barous toll on Muslims in the region that is sanctioned by the government regime and used chemical weapons on over its 20-some-odd-year history. This of Saddam Hussein and in which he has its own people, but rather that we are is also a regime that has used chemical been personally involved on many oc- somehow engaged in a war against an weapons according to the Human casions. ‘‘ism,’’ against a religion. Rights Watch’s ‘‘Genocide in Iraq’’ re- From the British report, we find that Here is the truth, again citing the re- port. the victims of torture and their fami- cent British report published this fall. Mr. Speaker, I will say for a moment lies have reported the following meth- The truth of it is that Muslims have that while I have great respect for Am- ods of torture to international human had no greater enemy in contemporary nesty International and great respect rights like Amnesty International and history than Saddam Hussein. I believe for Human Rights Watch and as a Human Rights Watch, eye gouging. it is accurate to say that Saddam Hus- member of the Committee on Inter- Amnesty International reported the sein has killed more Muslims than any national Relations I greatly cherish case of a Kurdish businessman in Bagh- government leader in the past 50 years, any organization that makes its busi- dad who was executed in 1997. When his including Slobodan Milosevic who ness to attend to the human rights of family retrieved his body, the eyes had sought, through a policy of ethnic people around the world, I must con- been gouged out and the empty eye cleansing, to destroy the Muslim popu- cede standing on this particular side of sockets stuffed with paper. lation in the form of Yugoslavia. Piercing of hands with an electric the aisle, Mr. Speaker, not to have a 1545 drill. A common method of torture for b great deal culturally in common with political detainees, Amnesty Inter- The Iran-Iraq war, which ranged from most of the people that are drawn to national reported one victim who then 1980 to 1988, resulted in 1 million Mus- the work of these organizations. I have had acid poured into his open wounds lim casualties dead and wounded. Ira- a passion for human rights. I am on the during interrogation in Iraq. nian casualties in that war, Mr. Speak- Subcommittee on the Middle East for Suspension from the ceiling. Victims er, were estimated at between 450,000 precisely that reason. I am interested are blindfolded, stripped and suspended and 730,000. Iraqi casualties were be- in advancing the human rights of peo- for hours by their wrists, often with tween 150,000 and 340,000. Really not ple all across the world in whatever their hands tied behind their backs. since our Civil War have we ever as a brief time that I have in this institu- This causes dislocation of shoulders, nation experienced casualties the likes tion. But I know that most people who tearing of muscles and ligaments. Iraq of which occurred in a barbaric and think about these things and donate to is also known to use electric shock. A ruthless war between these two nations these organizations have a little bit of common torture method, shocks are for 8 years. a different political view from mine applied to various parts of the body in- During the 1988 Anfal campaign in and I suspect, Mr. Speaker, a different cluding ears, tongue, fingers and geni- Iraqi Kurdistan, Iraqi troops were re- political view of the war from mine. talia. sponsible for the death or disappear- And so I am hoping that somehow Sexual abuse. Victims, particularly ance of up to 100,000 Muslim Kurds. through this process, we can reach women, have been raped and sexually Also according to Great Britain on some of those who object to this war, abused as a means of interrogation on March 16, 1988, Iraqi troops killed up to who express fealty and appreciation for a routine basis by this regime. 5,000 and injured some 10,000 Muslim Human Rights Watch and for Amnesty Mock executions. Victims are told to Kurds in a single day in a chemical International and for all the plethora be executed by firing squad. A mock weapon attack on the town of Halabja of groups out there that largely draw execution is staged. Victims are hood- in northern Iraq. their support from the left, who have

VerDate Jan 31 2003 01:08 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.064 H06PT1 March 6, 2003 CONGRESSIONAL RECORD — HOUSE H1671 nonetheless chronicled as a great serv- people. One evening in the spring of dreds of thousands did not. But when I ice to mankind the barbarism of this 1987, one of my aunts and her whole think of my children that same age and regime. family showed up on our doorstep in I think of that horror through which According to the Human Rights Sulaymaniyah unexpectedly. We she passed, my blood runs cold. And I Watch ‘‘Genocide in Iraq’’ report, learned that their village, Askar, was am amazed that others’ does not. I am which carried extensive research into one of several that were attacked by amazed, Mr. Speaker. I really am. And chemical weapons attacks in northern Iraqi helicopters using chemical gas I just must assume that those who op- Iraq, based on field interviews, they and then turned into rubble by bull- pose the use of force in Iraq do not have determined that at least 60 vil- dozers. My aunt’s family had managed know this. Because I believed when I lages as well as the town of Halabja to avoid the military and find their voted to authorize the use of force, Mr. were attacked with mustard gas, nerve way to our home. They spent 11 months Speaker, I believed it was right under gas or a combination of the two during hiding with us. international conventions going from the Anfal campaign against the Kurds ‘‘Later the Iraqi regime relocated the U.N. resolution 687 that was the between 1987 and 1988. them to newly built government settle- cease-fire in 1991 and that it was appro- Human Rights Watch says that the ments where they could be closely priate for us to make clear to Iraq that Iraqi regime has used chemical weap- watched by the military. They were they must disarm, they must disclose, ons for at least four complementary not allowed to return to their farms they must destroy their weapons and purposes: number one, to attack base and were turned from hard-working cease any liaisons with terrorist orga- camps and main-force concentrations independent people into people depend- nizations. I supported giving the Presi- of Kurdish guerillas; two, to harass and ent on the government for their very dent that authority. I have supported kill retreating guerillas; three, to in- simplest needs. Over time my family the administration unflaggingly in its flict, I make emphasis here, Mr. Speak- discovered that at least 40 of our rel- attempt to develop international sup- er, that we are not simply talking atives living in the villages had been port for this war and believe those ar- about Iraq deploying chemical weapons killed during this genocidal campaign guments are enough. in a military environment, which ac- known as the government’s Anfal pol- But there is this, which when taken cording to international convention icy. Only those relatives who managed in its totality, 20 years of barbarism, and expectation is barbarism but also, to escape or hide survived the horror of we see that the case against Iraq does according to Human Rights Watch, Anfal which killed more than 150,000 not end with diplomatic resolutions, they have deployed chemical weapons Kurds. Mr. Speaker. The case against Iraq to inflict exemplary collective punish- ‘‘Three years later after our failed ment on civilians for simply supporting does not end with liaisons with ter- uprising against Saddam Hussein in rorist organizations. The case against the Kurdish guerillas. The most dra- 1991, the Iraqi army used every possible matic case is the chemical bombing of Iraq ends here. It ends with what will form of brutality as they moved into end when that regime ends. Halabja after the seizure of the town northern Iraq, destroying everyone and by guerillas and Iranian revolutionary I want to speak specifically to the everything before them. In the middle issue of torture, which as I have said guards. And lastly, they have used it of a cold, rainy winter, we were awak- simply to spread terror among civilian before is systematic in Iraq. I think ened by the sound of bombs. It was again of David who asked me to look at populations as a whole, flushing vil- clear that Saddam’s army was very lagers out of their homes to facilitate a Web site, Mr. Speaker, where there close. My parents feared that Saddam were pictures, and I think of innocent their capture, relocation, and killing. would again use chemical gas like he The list of chemical attacks by Iraq Iraqis like this. This photograph was did during the genocidal campaign, so, against its own citizens, and not just in taken January 5, 2003, on the streets of like hundreds of thousands of other a military context, is astonishing and Baghdad. These are adorable kids who horrifying. And the list goes on, Mr. frightened Kurds, we fled. We said maybe look an awful lot like the kids Speaker, of evidence upon evidence of a good-bye to our home, and we joined a that we now know are tortured to ex- regime that has lost any connection to flood of other refugees crowding the tract information from their parents the civilized world. streets on our way out of the city and by this regime. But I want to go back to these pic- out of Iraq in search of sanctuary. We Mr. Speaker, I am very moved by tures, if I can; and I have not yet walked on foot for 10 days through the that thought, and the sheer horror of shown all of them. These are some mountains before we reached Iran and it, but I want to reflect for a moment great-looking kids. This photograph safety, poorly clothed from harsh on what the word ‘‘systematic’’ means. weather and without enough food or that I got off the aforementioned Web b 1600 site was apparently taken on December water. We were surrounded by the 19, 2002, in Baghdad, and those are some sound of misery and distress and wit- We are not talking, Mr. Speaker, beautiful little girls. I have got two lit- nessed families burying their dead about the torture that happens on the tle girls of my own. They are 9 and 8 along the road and weeping mothers margins in the basement of the prison years old, Mr. Speaker. I think that I unable to let go of their dead infants. because of the brutality of prison would do anything to deliver my little Due to shock, one of my brothers suf- guards who are operating outside the girls from living in the kind of society fered terrible seizures a few times a rule of law. When the U.N. Commission and under the kind of regime that I am day. on Human Rights and Amnesty Inter- here to describe and that organizations ‘‘When we finally returned home,’’ national and Human Rights Watch use like Amnesty International and Human Bayanne would conclude before this the phrase that torture is systematic Rights Watch have identified and asso- congressional committee, ‘‘we learned in Iraq, that means it is part of the sys- ciated with the regime under the lead- that some of our relatives did not sur- tem of Iraq. It is part of the ordinary ership of Saddam Hussein. vive the exodus. My mother’s aunt had undue process that the people of Iraq Let me share with you some testi- been in the hospital when we left but must endure. mony which was presented before the died along with hundreds of other pa- And I hope I make this point, Mr. Congressional Human Rights Caucus tients abandoned by the staff who were Speaker, that we are not talking about on the human rights situation in forced to flee the city as well. My uncle a regime that has left the rails. We are northern Iraq, the Kurdish minority. was found frozen to death in the moun- not talking about a regime that some This is the testimony of Bayanne tains. On the radio we heard more than of its operators have lost their way. We Surdashi, a Kurdish humanitarian aid a thousand Kurds died every day dur- are talking about a regime that sanc- worker now in asylum in the United ing the exodus.’’ tions the torture and killing of its own States of America. After pleasantries, That was the testimony of a 12-year- people. The most senior figures in this Bayanne told the following story. This old little girl who because of the cour- regime, according to international is a Kurdish Iraqi and her personal age of her family made it out. This sources, have been personally involved story: could be a picture of her, Bayanne in torture. ‘‘I was 12 years old when I experi- Surdashi. She is now a Kurdish human- Saddam Hussein runs Iraq with close enced firsthand the suffering of my itarian aid worker. She escaped. Hun- members of his own family, the ‘‘filthy

VerDate Jan 31 2003 01:08 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.066 H06PT1 H1672 CONGRESSIONAL RECORD — HOUSE March 6, 2003 40’’ that we heard about in the media This was August of 2000. I am not Karrada district in front of her chil- this week, most of them either married talking about ancient history, Mr. dren and mother-in-law. Two men held into the family or in some way related Speaker. According to testimony, she her arms and a third pulled her head by blood. Most of these come from his was beaten and thrown around the in- from behind and beheaded her in front hometown of Tikrit. These are the only terrogation room. Her children were of her family, according to witnesses people he feels he can trust. He directly forced to watch the torture. She was with firsthand knowledge presented to controls the security services and, eventually released, having been told Amnesty International. Human Rights through them and a huge party net- her husband would continue being tor- Alliance in France, their report in 2002, work, his influence reaches deep into tured until she returned to confess. She young woman was arrested because her Iraqi society. Saddam presides over the was arrested again 2 weeks late and the husband had refused to join the war all-powerful Revolutionary Command same pattern of torture was repeated, against Iran. Pregnant at the time, she Council, which enacts laws and institu- leaving her a psychological wreck. gave birth in prison on 3 December, tions and it has been through this During his testimony, the husband’s 1999. She said, ‘‘I breast-fed my son, but council, according to Amnesty Inter- arms were tied behind his back. He was they took him away when he was 17 national in a report published in Au- then suspended in the air using a hook days old so that he would not become gust of 2001, ‘‘torture is used systemati- hung from the ceiling. According to like me. I’m still looking for him. I cally against political detainees. The testimony, this caused intense pain as never had further news of him.’’ scale and severity of torture in Iraq his muscle and shoulder ligaments This woman, who was also horribly can only result from the acceptance of were torn. After a period, the interro- tortured in prison, still said she suffers its use at the highest level.’’ gators entered the room and the hus- endless torture, the torture of not Over the years, Amnesty Inter- band was unhooked, placed in a chair. knowing where her son is. This accord- national and other human rights orga- From close range, he was then shot at ing to Human Rights Alliance in nizations have received thousands of France. with a pistol whenever he refused to reports of torture and interviewed doz- Najat Mohammed Haydar, an obste- agree to sign the confession. Some- ens of torture victims who survived trician in Baghdad, was beheaded in times shots were fired which missed his and escaped. Some of the propa- October, 2000, apparently on suspicion body. At other times, a pistol muzzle gandists, Tariq Aziz comes to mind, of prostitution, according to Amnesty may step before the cameras some day was placed against his fingers, toes, International. Even by Iraqi standards, in the near future and hold out some- and arms and fired so as to mutilate her execution was an outrage, Mr. thing from a statute book in Iraq that those areas. Over the following 2 Speaker. There was no evidence to sup- says that torture is illegal in Iraq. But weeks, further interrogations occurred port the charge of prostitution. She according to the report recently pub- at intervals following periods of food was reportedly arrested before the in- lished by the British Government, our and water deprivation. Eventually the troduction of the policy to behead pros- intelligence sources are not aware of a husband and wife’s wider family paid a titutes. The real reason for her death single case of an Iraqi official sus- bribe to an Iraqi intelligence officer was believed to be, according to Am- pected of carrying out torture being and they were released, and subse- nesty International, her criticism of brought to justice or prosecuted, not quently survived to escape from Iraq corruption in the Iraqi health service. one. and testify. A female obstetrician in Baghdad was I quote again, Amnesty International Mr. Speaker, I recite these things be- beheaded in October of 2000. in a report from 2001: ‘‘Torture is used cause I think many people just do not I cannot say enough, and as I pre- systematically against political de- know them. I recite these things be- pared for these remarks today, these tainees,’’ and stay with me now. ‘‘The cause there are many who want to are things that shocked my conscious scale and severity of torture in Iraq morally equivocate in this case and and mind. I know where I was in Octo- can only result from the acceptance of even to suggest that there are other ber of 2000, Mr. Speaker, and to think its use at the highest level,’’ according countries that have weapons of mass that there is still a place in the world to Amnesty International. destruction, Iraq is no different. Iraq is where a professional woman, an Let me tell the story about a family, different, Mr. Speaker. OBGYN, a medical doctor could criti- and I think we have a picture of a won- Let me give you more examples. cize her government’s health policy derful family in Baghdad. This photo- Among these pictures that I was pre- and be beheaded publicly is a fright- graph taken on the streets of Baghdad sented when I went to a Web site called ening thought. But that is Baghdad and on January 7, 2003. A father, maybe a to my attention by a constituent who that is Iraq. grandfather, with his arm around what opposed the war who asked me to look A few more personal stories, Mr. looks to be about an 11- or 12-year-old into the eyes of some recent photo- Speaker, and then I will yield this boy and a daughter in a shawl, and it is graphs of people who live in Baghdad Chamber to another colleague. It is the a warm family photograph. Let me and think about the cost of this war. individual stories that touch me the read the story of a family arrested in Among those photographs here is a deepest. When I got that e-mail from late 2000, not long ago. They were January 5 picture of four beautiful David in my district, I had to thank taken to two separate interrogation girls and one little boy, and it is a good him. He challenged me, Mr. Speaker. centers in Iraq within Republican starting point for us to talk about He said that if you support this war, I Guard facilities located along the road women in Iraq, Mr. Speaker. I am not challenge you to go to a Web site where to Abu Ghraib, according to a report going to quote some propagandist orga- there are photographs of families that published by the United Kingdom. nization on the right or some pro-war live in Baghdad, recent photographs of The husband was held in one center organization. I am going to quote from the people who may fall under the whilst the wife and children were held the Human Rights Alliance in France wake of U.S. military involvement. He in a women’s facility. The husband and and Amnesty International’s report in challenged me, and I rose to the chal- wife were interrogated under torture 2001 about the treatment of women by lenge, and I went to the Web site, but about the husband’s sale of vehicle the regime in Baghdad. instead of finding myself backing away that the interrogator said had been According to Amnesty International, from engagement, I found myself captured by Iraqi security forces dur- a 25-year-old woman known as Um drawn to it. I looked into the face of ing a raid on Iraqi oppositionists. The Haydar was beheaded in the street this little boy and he looks like mine. interrogators said separately to both without charge or trial at the end of And it is the personal stories that draw husband and wife that they would December, 2000, after her husband, sus- me into this and reaffirm my belief cease the torture if they signed confes- pected by the authorities, of involve- that the rule of law and the laws that sions admitting to be collaborating ment in Islamic armed activities, fled govern civilized men and women on with oppositionists. They refused. The the country. Beheaded in the street planet earth are not the province of the wife was stripped naked and cigarettes without a trial. And some think this is west. They are not the province of stubbed out on all parts of her body just another country, Mr. Speaker. English-speaking people or Europeans, when she refused to implicate her hus- Men belonging to Saddam Fidayeen but the freedom from terror, the obli- band. took Haydar from her house in the al- gations of due process, the freedom of

VerDate Jan 31 2003 01:08 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.068 H06PT1 March 6, 2003 CONGRESSIONAL RECORD — HOUSE H1673 speech and association, these are The family then feared that the secu- These things may happen, they say; things that attach to the human heart rity men would return and arrest them. but I am talking from the benefit of that this little boy, sitting on a carpet Bushra and her two children and her the great work of Human Rights Watch in Baghdad, smiling for all the world to two unmarried sisters and their 61- and Amnesty International. the camera, not knowing what may year-old mother collected some of their Mr. Speaker, I speak of things that well be coming to his city, touches me valuables and ran from the house. A have happened within months of this deeply. few weeks later, they managed to flee day. A woman who was a medical doc- A few more personal stories and I the country. They believe that the rea- tor was beheaded because she criticized will close. These are from an Amnesty son behind their father’s arrest was the government; a grandfather walking International report issued in Novem- that his son-in-law, a Shi’a Muslim, back from a prayer service, shot and ber of 1999. They are personal stories was suspected of involvement in some killed simply because he did not adhere regarding Iraq’s obvious human rights antigovernment activities. to the government’s demand that he violation, and I say this it as often as Ibrahim Amin al-’Azzawi was exe- stop leading prayers with the Shiite I can, Mr. Speaker, that I might per cuted. His body was buried by the au- Muslims; and the systematic use of tor- chance by some be heard that what I thorities. No information of a charge, ture as part of government policy. am reading now is not from some pro- trial, or sentencing was available. No So I rise today to simply add some- war, pro-Bush Web site or document. information was made available to Am- thing to the discussion. I do so with This is from Amnesty International. nesty International as to the fate of his great humility, Mr. Speaker, knowing Abd al-Wahid al-Rifa’i, married with son-in-law. This was a 70-year-old law- that each one of us among the 435 who nine children, according to Amnesty yer in Baghdad, who upon hearing that are privileged to serve in this place are International, was arrested without a his son-in-law had been arrested in the simply part of a national conversation. warrant on 8 March, 1999, at 2 a.m. dead of night, went to his house to We are the way America talks to itself. Taken from his house in Baghdad by comfort his daughter and was himself I had a burden on my heart, Mr. plainclothes security men, initially he dragged off and executed. This is Iraq, Speaker, that America ought to be was held in the headquarters of the Mr. Speaker. This is Iraq today, 1999, talking about this. We get caught up in General Security Directorate. Accord- according to Amnesty International. resolutions and weapons of mass de- ing to Amnesty International and tes- Let me tell you a story about a 67- struction, and were they or were they timony thereafter, he was then taken year-old man, married with four grown not involved with al Qaeda, were they to a hospital because of ill health, re- children. Ayatollah al-Shaikh or were they not involved in September turned to the Baghdad security head- Murtadha al-Burujerdi is his name, I 11. Each one of us, by our own lights quarters where he is currently held say with respect, age 67. He was shot and by the facts, will decide what we without charge or trial. Since his ar- dead by armed men on the night of 22 believe, and decide what we believe rest, his family has not been allowed to April 1998 as he walked home from the should be the proper course of action. visit him. He is believed to have been shrine of Imam Ali in al-Najaf one of However, what I see the debate bereft arrested because authorities suspected the Shiite Muslims’ holiest cities, of is an honest discussion of the bar- he was in contact with the opposition where he had led the congregation in baric and virtually unprecedented through his brother, an active anti- dawn prayers. His two companions record on human rights that is contem- government opponent who lives in Eu- were also shot and sustained injuries. porary Iraq under Saddam Hussein. rope. He had reportedly been harassed in These families, these kids. December the past by Iraqi security services, and 19, 2002, this paragraph was taken of b 1615 there had been at least one attempt on two beautiful little girls, about the age His brother, a businessman, fled with his life in 1991, and following the Shiite of my girls, in Baghdad. When I think his wife and children to Jordan in 1995. uprising in the South, he was arrested of the man who was beheaded in front The previous month, he had been de- with scores of other Shiite scholars, of his wife and children, when I think tained in Iraq accused of having con- was detained, and then released. of the parents who were incarcerated tacts with opposition abroad, and was A few weeks before his murder, he and tortured in front of their children, tortured. This included beatings, sus- had been visited by a delegation from when I think of the woman who es- pension by his feet, electric shock to the Ministry of Religious Endowments caped from Iraq, but they took her boy his lips and genitals. He escaped by and Religions Affairs, urging him to of 17 days away because they did not bribing a prison official in August of stop leading the prayers. He was re- want him to be polluted by her ide- 1995, and a criminal court sentenced ported to have stated to the delegation ology and thinking, she grieves to this him to death in absentia. His brother he would only agree if he received in day, not for the torture that she suf- remains incarcerated without charges writing an order from the Iraqi govern- fered and no doubt the physical scars in his absence. ment. Following the assassination, an she bore, but she feels the emotional Ibrahim Amin al-’Azzawi, a 70-year- official statement released by the gov- scars of not knowing where her baby old lawyer, according to Amnesty ernment blamed the intelligence serv- boy is. International, was arrested on the ice of a foreign country. Amnesty It is about these families, Mr. Speak- morning of 23 March 1999. Four plain- International. er, that I believe in the justness of our clothes security men took him away These names are hard for me to pro- cause. I think of those words from Ec- from his house in Baghdad. He was re- nounce, but these facts are not hard for clesiastes, Chapter 4: ‘‘Again I looked portedly not involved in any opposition me to understand: a 67-year-old grand- and saw all the oppression that was activities. father coming back from a prayer serv- taking place under the sun. I saw the The previous evening his daughter, ice, shot and killed. Two men were tears of the oppressed, and they have Bushra, married with two children, coming back from one of the holiest no comforter. Power was on the side of came with her children to her parents’ places for Shiite Muslims were also their oppressors, and they have no house in a state of shock. She told her shot and wounded. His offense was comforter. I declared that the dead who family, who are Sunni Muslims, that praying. had already died are happier than the her husband had been arrested at his The list, Mr. Speaker, goes on and on living who are still alive; but better house and taken away by security men. and on. There is persecution of the than both is he who has not yet been, The whole family could not sleep Kurds that has been documented again who has not seen the evil that is done that night. When the four security men and again. There has been much human under the sun.’’ came to the house around 6 a.m., they rights and religious persecution within When I look into these eyes, Mr. knocked at the door, and it was Iraq. It is a record of mindless barba- Speaker, I see the tears of the op- Ibrahim Amin al-’Azzawi who opened rism that is contemporary, not ancient pressed. When I look into these eyes, I the door. They searched the house, con- history. know the evil that is done under the fiscated documents, and arrested Some may believe that these were sun. Because of the outstanding work Ibrahim without giving him any reason things of a frontier period in the re- of Human Rights Watch and Amnesty for the arrest. gime before law and order took hold. International, I am able, and millions

VerDate Jan 31 2003 01:08 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.069 H06PT1 H1674 CONGRESSIONAL RECORD — HOUSE March 6, 2003 are able, to know of these things, and brave first responders were looking to against the Taliban that are in the re- the reality of them. find life. spective mountains and caves that But let it not be said in this place So I know that Americans truly are maybe which cleared the city. that they have no comforter, that they those who care about people; and yes, But Afghans will tell you the Taliban have no defender; because in the days where there is no justice, Americans are still there, that the terrorists still ahead, as we pause and reflect this desire to march in to create justice. abound. What does this say to America weekend, each of us going to our own Mr. Speaker, we could find almost and our foreign policy and to this Con- place of worship, I suspect many mil- zero divide when Americans rose to the gress? Unlike 20 years ago, we cannot lions of Americans in churches and floor of the House in the United States abandon Afghanistan and so Afghani- synagogues and mosques and in their Congress after 9–11 and authorized the stan becomes a front that deals with own private devotions will pray. President’s authority to fight the war the needs for American military to be We will, each of us, pray, not just for against terrorism. Not only did Mem- present, and in essence the needs for us the safety of our troops, but we will bers of the United States Congress to continue our war against terrorism. pray for these who shed the tears of the offer themselves as soldiers in the po- But how do we do that, Mr. Speaker? oppressed. We will pray that God will litical process of fighting the war on We are now yielding to what I consider have his mercy on all the innocent in terrorism, but all of America joined. an untimely move toward war in Iraq, the way of war, confident that our As we looked around as far as the eye when in actuality our job is not fin- military will use extraordinary efforts could see, and as far as we could hear, ished in Afghanistan. And in fact we to avoid casualties by noncombatants. and as far as we could imagine, nations have options to be able to address the It is my hope that somewhere in the all over the world, Mr. Speaker, joined question in Iraq. There is no doubt that heart of hearts of the children in these us in our horror, in our hurt and pain, a despot rules that country. I hesitate pictures that I have shown today, and but in our resolve. As I traveled on be- to say, Mr. Speaker, tragically we in the families they represent, there half of this Congress, whether it was in could probably list 30 to 31 nations will be the knowledge that there is a the Caribbean, in Africa, in Asia; with that kind of despotic leader; and defender; there is a nation, some 50 na- whether it was in the Pacific or in so the United States has to be method- tions, that stand ready to end their op- South America, Australia and other ical, we have to work with coalitions, pression, to dry their tears, and to lead places, they all, to a one, said, we are we have to be able to reflect upon his- Iraq into a new dawn of civilization, a with you. We feel the pain of this Na- tory. new dawn of freedom from oppression tion, and we wish to fight with you. We have to look at the Berlin Wall and as Americans saw that wall crum- and torture and the abuse of women b 1630 and the stifling of basic civil and bling brick by brick. How did it go so? human rights. Mr. Speaker, there is nothing like a Because the United Nations, the allies That is my prayer, that is my hope, coalition of strength and resolve that and America had a resolve to have a and of that I remain confident, that will make democracy and freedom a strong defense and to be able to allow the United States of America will, if breathing, living entity, not just the German people to see a better way; need be by force, or by showing enough words. and it crumbled from within, not with- force that it is voluntary, lead Iraq Mr. Speaker, I was eager to join my out, of course, a strong military from into that bright future. colleagues shortly after 9–11 and short- the allies making it known to Germany ly after we began the war on terrorism f that we would not tolerate the contin- as we went to Afghanistan. One of my ued existence. The resolve brought the MESSAGE FROM THE PRESIDENT major concerns, Mr. Speaker, was to wall down. And out of that, we saved A message in writing from the Presi- make sure I greeted and met with the thousands of lives without going to dent of the United States was commu- men and women of the United States war. nicated to the House by Ms. Wanda military, as I have done, Mr. Speaker, Russia, the Soviet Union, is not the Evans, one of his secretaries. in going to Bosnia during the middle of Soviet Union of yesteryear. And the f that war before the Dayton Peace independent European countries that Treaty was signed; meeting with the used to be part of the Soviet Union are AMERICA’S ROLE IN FINDING A respective presidents at that time, clamoring to be part of NATO. How did SOLUTION TO TERRORISM Milosovic who obviously told an un- we do that with our resolve and our The SPEAKER pro tempore (Mr. truth and got his just todo by being persistence in a coalition? BISHOP of Utah). Under the Speaker’s tried before the war crimes tribunal. There is nothing worse than this Na- announced policy of January 7, 2003, And then as I went to Kosovo to meet tion going forward unilaterally and the gentlewoman from Texas (Ms. with General Wesley Clark near the preemptively against Iraq. What we JACKSON-LEE) is recognized for 60 min- muddy near Albania as we were in a will be intending to do may not be the utes. collaborative effort with NATO raising result because all of those wonderful Ms. JACKSON-LEE of Texas. Mr. our voices against ethnic cleansing, people that we want to save, those 6- Speaker, I take this time to try to murderous acts, stopping that with our year-old babies, 2-month-old babies, craft and articulate the burden that so allies; and then going into Afghanistan those elderly women, elderly men, many of us feel as we hope to be part of to see the troops and to go into that those young families who are seeking a solution that respects life over death, nation to begin to hopefully encourage nothing but a better life will be the and clearly captures the role and the it to be a nation, and as well to see the collateral damage, how cold a word, of position of the United States of Amer- pain that was there. our unilateral attack on Iraq and Bag- ica as the singular world power, the I do not have the pictures of the faces dad. Lives will be lost, and certainly problem solver, the great humani- of children, but when you go to an or- large numbers of the brave young men tarian. phanage with a thousand children’s and women in the United States mili- Mr. Speaker, I believe that the Amer- scars and sores all over their faces, you tary who without one bit of criticism ican people every day epitomize a car- have a resolve to say America is here are there in the Mid East now will be ing Nation, a population that is chari- now; we are going to help you. lost. table and eager to be of help. I know I mentioned Afghanistan last before I War should be the last option, Mr. that, Mr. Speaker, because none of us discussed this dilemma with Iraq be- Speaker. I have not said war should are the same since 9–11. We cried, we cause I have just heard the pleas of never be an option because I do not be- hoped, we prayed, and all we wanted to women from Afghanistan saying that lieve in this Nation being a wimp. And do was to embrace our brothers and sis- even with the commitment of this Na- I believe that if this Nation needed de- ters who had lost their loved ones; and tion, there is fear in Afghanistan now fending, every American would step even to find some sense of hope that because they wonder about America’s over each other in order to be on the more would be found alive. We watched resolve to help them. I am thinking, of frontline. But you cannot characterize steadfastly every day, every hour, course, of the battle fiercely going on one patriotism on the basis of raising every minute, every second as the there with our troops bravely fighting the doubts of a war at this juncture

VerDate Jan 31 2003 01:08 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.071 H06PT1 March 6, 2003 CONGRESSIONAL RECORD — HOUSE H1675 with Iraq, unilaterally and preemp- come. And then we have the crisis in That is why I have come to the floor tively, or with what I call an unwilling Afghanistan, we have the terrible hor- today, Mr. Speaker, because I believe coalition. rific loss of life, the jeopardy to the there are options. We can have a strong Both Britain and the United States homeland security. And frankly, Mr. military presence and Saddam Hussein would do well to look to the options Speaker, we have North Korea, the will have nowhere to run. And we can that have been represented by the U.N., North Korea that I believe this admin- allow those U.N. inspectors to vigor- which is more projected, extended, de- istration should be engaged in with ously be in Iraq, and we can save lives, fended U.N. inspections. Hans Blix policies that will recognize that they and we can build a coalition of allies truly believes that he has made some pose a problem with nuclear weapons. enthusiastically supporting this effort, successes; and of course, we will hear We know that North Korea in 1998 similar to the effort in 1991. further tomorrow. And maybe the succeeded in developing a No Dong And in this Congress there was a dif- added time that Canada wants to have missile with a range estimated at up to ference of opinion. But the coalition until the end of the month, maybe the 900 miles capable of covering South was strong, the debate was strong, the added time that some of our allies Korea and most of Japan. And North debate was knowledgeable. Why, Mr. want to have extended time are worthy Korea reportedly deployed nearly 100 Speaker? Because the debate was right of one building a willing coalition, but No Dong missiles by 2003. On August 31, before the invasion or the launch of our as well preparing the innocent lives, 1998, North Korea test-fired a three- efforts, right before. stage rocket, apparently the prototype the victims, the people of Iraq for what b 1645 might come and find a way to of a Taepo-Dong One missile. The third So all of the people had all of the minimalize the loss of life. Is that not stage apparently was an attempt to facts. The Congress knew about any- important to the United States? launch a satellite. In 1998, officials told What about an option, Mr. Speaker, CNN that North Korea is constructing thing that needed to be known about, of gathering the religious leaders of the at least two new launch facilities for and there was disagreement but there world in an intense closed-door nego- medium-range missiles as we have just was authority given. We debated the tiations? How do we know that we noted. Iraqi resolution when no one knew might not find the pathway for the It is well known that North Korea about North Korea, those facts were exile of Saddam Hussein? We have not has the capacity, Mr. Speaker, in fact, not given to us. I was represented to us that we could have a willing coalition, asked them. This is religious leaders an atomic reactor with the capacity of with NATO would be with us. The facts from all denominations. We have just about 5 electrical megawatts con- structed between 1980 and 1987, report- are different now, Mr. Speaker. heard from the Pope yesterday. This So I want for this country the best. I past Sunday I called for weeks and edly is capable of expending enough uranium fuel to produce about 7 kilo- want for Americans the best. I want months of prayer to instruct the lead- the world to know that these are the ership of the world and our Nation to grams of plutonium annually, enough for the manufacture of a single atomic best people you could ever get to know. be able to find a way to end this dead- bomb annually. North Korea in 1989 We have shed the ugly American. lock without a war. Many may say that shut down a reactor for about 70 days. There is no such person, because we Saddam Hussein is playing games with And our intelligence officials believe care about what happens to people in us and he will dismantle the missiles that they removed some of the fuel this world. I know that because my and then start up again. constituents every day sign up and vol- Well, Mr. Speaker, it is well known rods from the reactor at that time. The information I shared is public unteer for the United States military that the U.N. inspectors while they knowledge. And so we have an ongoing to go and fight for people who cannot were there were able to disarm Saddam crisis that requires us to not singularly fight for themselves, including United Hussein more than the Gulf War of look to Iraq as the solution to our con- States of America. 1991, 1992; and so we do have options. cerns about terrorism, threats against But this war in Iraq will turn the That is what is important. We want to Americans, and the despotism of the tide, and it may not get the results we give those babies in Iraq the option to world. Because, Mr. Speaker, there are would like, but what I think is impor- live, those mothers the option to live. human rights violations all over the tant to know for Americans is that as We want to provide them with the milk world, as I said earlier, in upwards of 30 we make these decisions, a war deci- and medicine that they need to live. countries. And interestingly enough, sion will push us into the center of We want to create individuals who the United States has been effective in Baghdad for 20, 30 years while we have clamor after democracy, not hate negotiations with a strong military. to be in the center of Afghanistan for America because they view that we are Why not take up the offer of leaders 20 or 30 years, while we have to be in going to do this unilaterally. We want of government, heads of religious orga- the center or North Korea for a long a peaceful solution in the Mid East be- nizations doing an intense negotiations time. tween the Israelis and the Palestinians. to extract Mr. Saddam Hussein out of Is not it preferable, Mr. Speaker, to We want a free and independent Israel. there? Do we not recognize that we can try the options of negotiations? Is it We want the Palestinians to abhor as be strong in diplomacy? not worth trying to save American we do the suicide bombings and we Mr. Speaker, I would also argue that lives as well? want them to stop so there can be co- this Congress needs to assess options. Just to show my colleagues that we existence and freedom. We cannot do Why do I say that? Because the Con- do lose civilians overseas, in Vietnam that if we do not give attention to a so- stitution clearly dictates that the Con- we lost civilians in high numbers. lution, full attention. gress declares war under article 1, sec- Looks like we lost close to 30,000 it We cannot make Afghanistan whole tion 8. The President is the Com- seems in the embassy bombings in Bei- and rid ourselves of the Taliban and mander in Chief. I respect that. And as rut, 1983; embassy bombing, Kenya, get rid of those cells that are growing I stated, I said that if these troops are 1998. Civilians lives being lost to a non- terrorists if we do not pay attention to deployed, there is no quarrel with the military, and that is not 30,000. I think Afghanistan; if we do not pay attention United States military. No quarrel that is less than that. to women who are still being abused with the troops. We will be in full sup- I believe it is important, Mr. Speak- and treated disrespectfully and un- port of the efforts that they are mak- er, as we think about the decisions equally. And I respect the Muslim ing. Let the resounding sound of the that have to be made that we look at faith. I know that the Muslim faith is vote that we took yesterday make it the option for peace. I, too, want a free quite different from the Taliban auto- very clear that there is no divide on and democratic Iraq. It is important to cratic rule that extinguishes all rights. our appreciation for the Reservists, the note that it will not come overnight America is the single world power, and enlisted personnel, the civilians who and it is all in the way we do it. there is much responsibility that are now fighting for our freedom. Let it There is now a united Germany. comes with privilege. And they are lin- be known, of course, that our prayers There is now a united number of Soviet ing up, Mr. Speaker, and in a war with are with them and there will be no di- countries, united around the concept of Iraq takes the toll where there may vide on the work that they are doing democracy, and the Soviet Union does not be a solution that we would wel- for us. not stand.

VerDate Jan 31 2003 01:08 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.073 H06PT1 H1676 CONGRESSIONAL RECORD — HOUSE March 6, 2003 I believe it is imperative, Mr. Speak- how to negotiate, how to be part of the censes that may be issued pursuant to er, that we look at options other than United Nations, how to embrace our al- this order, and notwithstanding any war, and I will continue to work with lies and get the job done. We can do contract entered into or any license or colleagues who believe, as many Amer- this peacefully, but with resolve and permit granted prior to the effective icans believe, that we can find an op- that is what my commitment is. date: tion to save lives. We do not know Mr. Speaker, I hope my colleagues Blocks all property and interests in what the toll will be, and by not know- will join me on this. property of the individuals listed in the ing what that toll will be, we cannot f Annex to the order; factually say that the results will be as Prohibits any transaction or dealing BLOCKING PROPERTY OF PERSONS we would desire it, but we do know by United States persons or within the UNDERMINING DEMOCRATIC that if we continue in negotiation and United States in property or interests PROCESSES OR INSTITUTIONS IN strength, and that we are steadily, me- in property blocked pursuant to the ZIMBABWE—MESSAGE FROM THE thodically disarming Iraq and Saddam order, including the making or receiv- PRESIDENT OF THE UNITED Hussein, we know that, we have seen ing of any contribution of funds, goods, STATES (H. DOC. 108–45) that proof, there is no reason why we or service to or for the benefit of the could not continue that path because The SPEAKER pro tempore (Mr. persons designated pursuant to the America has the strength, the resolve BISHOP of Utah) laid before the House order. and the power to be able to win a war the following message from the Presi- The Secretary of the Treasury is fur- with Iraq. There is no doubt. dent of the United States; which was ther authorized to designate any per- Do we have the strength and the read and, together with the accom- son determined, in consultation with power and the resolve to rebuild the al- panying papers, without objection, re- the Secretary of State, to be owned or liances, to be able to have a coalition ferred to the Committee on Inter- controlled by, or acting or purporting that has resolve to help us in Iraq? national Relations and ordered to be to act directly or indirectly for or on That is success. I am concerned that printed: behalf of, any persons designated in or that may not be the full case, and so I To the Congress of the United States: pursuant to the order. The Secretary of do want to acknowledge the words of Pursuant to section 204(b) of the the Treasury is also authorized in the Dr. Martin Luther King, who said that International Emergency Economic exercise of my authorities under the in order to find peace we must become Powers Act, 50 U.S.C. 1703(b) and sec- International Emergency Economic ecumenical and not sectional; that the tion 301 of the National Emergencies Powers Act to implement these meas- judgment of God is upon us; that we Act, 50 U.S.C. 1631, I hereby report that ures in consultation with the Secretary must find a way to live in this world as I have exercised my statutory author- of State. All Federal agencies are di- brothers and sisters. ity to declare a national emergency rected to take actions within their au- No, Mr. Speaker, it is not a sim- with respect to the unusual and ex- thority to carry out the provisions of plistic perspective. It is not an imag- traordinary threat to the foreign pol- the Executive Order. ined perspective. I am a realist, Mr. icy interests of the United States posed This Executive Order further dem- Speaker, but I said at the beginning, by the actions and policies of certain onstrates the U.S. commitment to sup- democracy is not about simple words. individuals who have formulated, im- porting the Zimbabwe’s democratic It is to be practiced, and the way we plemented, or supported policies that evolution, and strengthens our co- can convince the world is because we have undermined Zimbabwe’s demo- operation with the European Union in are a democracy and not a monarchy cratic institutions. efforts to promote that evolution. The and that the people’s voices can be lis- Over the course of more than 2 years, European Union has acted to freeze the tened to. the Government of Zimbabwe has sys- assets of 79 individuals responsible for I believe there are people of goodwill tematically undermined that nation’s the political, economic, and social de- in America who would be welcoming of democratic institutions, employing vi- terioration of Zimbabwe. With the ex- negotiations that could be extending so olence, intimidation, and repressive ception of two individuals no longer as- that we could negotiate a peaceful re- means including legislation to stifle sociated with the Government of solve in Iraq, and then, Mr. Speaker, opposition to its rule. This campaign Zimbabwe, this order encompasses all that if the ultimate results did not re- to ensure the continued rule of Robert those identified by the European solve themselves, that the case may Mugabe and his associates was clearly Union. have to be ultimately made for that revealed in the badly flawed presi- I have enclosed a copy of the Execu- last option, but it seems to me with a dential election held in March 2002. tive Order I have issued. domestic agenda rising, it is impera- Subsequent to the election, the Mugabe GEORGE W. BUSH. tive that we be concerned about Amer- government intensified its repression THE WHITE HOUSE, March 6, 2003. ica’s destiny, its senior citizens, its of opposition political parties and f children, those suffering and not hav- those voices in civil society and the LEAVE OF ABSENCE ing mental health services, those need- independent press calling on the gov- ing health care services, those needing ernment to respect the nation’s demo- By unanimous consent, leave of ab- housing, those who are addicted to cratic values and the basic human sence was granted to: Mr. ETHERIDGE (at the request of Ms. drugs or infected with HIV/AIDS. rights of its citizens. To add to the des- PELOSI) for today on account of attend- Every day there is a cry for help, those peration of the besieged Zimbabwean ing a funeral. needing funding of the children protec- people, the current government has en- Mr. LUCAS of Oklahoma (at the re- tive services, all of those, the homeless gaged in a violent assault on the rule quest of Mr. DELAY) for today on ac- youth, homeless veterans, veterans of law that has thrown the economy count of a death in the family. who need to have service. into chaos, devastated the nation’s ag- Mr. Speaker, the list is long, but I ricultural economy, and triggered a po- f would simply say to my colleagues tentially catastrophic food crisis. SPECIAL ORDERS GRANTED that we can find a better way than the As a result of the unusual and ex- By unanimous consent, permission to loss of lives of hundreds of Americans traordinary threat posed to the foreign address the House, following the legis- overseas that I have just noted in Viet- policy of the United States by the dete- lative program and any special orders nam and Beirut in 1983 and Kenya in rioration of Zimbabwe’s democracy and heretofore entered, was granted to: 1998. We can find another way, and I the resulting breakdown in the rule of (The following Members (at the re- hope to work over the next week, as I law, politically motivated violence, quest of Mr. LEWIS of Georgia) to revise said, with coalitions who are eager to and the political and economic insta- and extend their remarks and include work in a manner that will generate bility in the southern African region, I extraneous material:) the freedom and the expression of free- have exercised my statutory authority Mr. MILLER of North Carolina, for 5 dom through the practicing of Amer- and issued an Executive Order which, minutes, today. ica’s democracy by showing to the except to the extent provided for in Mr. MORAN of Virginia, for 5 minutes, world that we know with our resolve regulations, orders, directives, or li- today.

VerDate Jan 31 2003 01:08 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.075 H06PT1 March 6, 2003 CONGRESSIONAL RECORD — HOUSE H1677 Mr. LEWIS of Georgia, for 5 minutes, 974. A letter from the Congressional Re- Collecting Guaranteed Loss Payments From today. view Coordinator, Department of Agri- FSA Farm Loan Program Borrowers (RIN: Mr. DOGGETT, for 5 minutes, today. culture, transmitting the Department’s final 0560-AG44) received February 20, 2003, pursu- rule — AQI User Fees: Extension of Current ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. OBERSTAR, for 5 minutes, today. Fees Beyond Fiscal Year 2002 [Docket No. 02- on Agriculture. Ms. CARSON of Indiana, for 5 minutes, 085-2] received February 20, 2003, pursuant to 986. A letter from the Director, Regulatory today. 5 U.S.C. 801(a)(1)(A); to the Committee on Review Group, Department of Agriculture, Mr. GEORGE MILLER of California, for Agriculture. transmitting the Department’s final rule — 5 minutes, today. 975. A letter from the Congressional Re- Limitations on the Amount of Farm Service Mr. TIERNEY, for 5 minutes, today. view Coordinator, Department of Agri- Agency Guaranteed Loans (RIN: 0560-AG64) Mr. DELAHUNT, for 5 minutes, today. culture, transmitting the Department’s final received February 20, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ag- Ms. BALDWIN, for 5 minutes, today. rule — Exotic Newcastle Disease; Additions to Quarantined Area [Docket No. 02-117-3] re- riculture. Mr. ALLEN, for 5 minutes, today. ceived February 20, 2003, pursuant to 5 U.S.C. 987. A letter from the Director, Regulatory (The following Members (at the re- 801(a)(1)(A); to the Committee on Agri- Review Group, Department of Agriculture, quest of Mr. BUYER) to revise and ex- culture. transmitting the Department’s final rule — tend their remarks and include extra- 976. A letter from the Congressional Re- Conservation Reserve Program-Farmable neous material:) view Coordinator, Department of Agri- Wetlands Pilot Program (RIN: 0560-AG38) re- Mr. GINGREY, for 5 minutes, today. culture, transmitting the Department’s final ceived February 20, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agri- Mrs. BIGGERT, for 5 minutes, today. rule — Swine Health Protection [Docket No. 03-008-1] received February 20, 2003, pursuant culture. Mr. KIRK, for 5 minutes, today. 988. A letter from the Director, Regulatory (The following Members (at their own to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. Review Group, Department of Agriculture, request) to revise and extend their re- 977. A letter from the Congressional Re- transmitting the Department’s final rule — marks and include extraneous mate- view Coordinator, Department of Agri- Sale and Purchase of Flue-Cured Tobacco rial:) culture, transmitting the Department’s final Across County Lines (Florida and Georgia) Mr. TANCREDO, for 5 minutes, today. rule — Remove Texas From Lists of States received February 20, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ag- Mr. LEVIN, for 5 minutes, today. Approved to Receive Stallions and Mares From CEM-Affected Regions [Docket No. 03- riculture. Ms. GINNY BROWN-WAITE of Florida, 989. A letter from the Director, Regulatory 004-1] received February 20, 2003, pursuant to for 5 minutes, today. Review Group, Department of Agriculture, 5 U.S.C. 801(a)(1)(A); to the Committee on transmitting the Department’s final rule — f Agriculture. Conservation Reserve Program-Good Faith 978. A letter from the Congressional Re- ADJOURNMENT Reliance and Excessive Rainfall (RIN: 0560- view Coordinator, Department of Agri- AG37) received February 20, 2003, pursuant to Ms. JACKSON-LEE of Texas. Mr. culture, transmitting the Department’s final 5 U.S.C. 801(a)(1)(A); to the Committee on Speaker, I move that the House do now rule — Exotic Newcastle Disease; Additions Agriculture. adjourn. to Quarantined Area [Docket No. 02-117-4] re- 990. A letter from the Director, Regulatory The motion was agreed to; accord- ceived February 20, 2003, pursuant to 5 U.S.C. Review Group, Department of Transpor- ingly (at 4 o’clock and 56 minutes 801(a)(1)(A); to the Committee on Agri- tation, transmitting the Department’s final p.m.), under its previous order, the culture. rule — Boll Weevil Eradication Loan Pro- 979. A letter from the Congressional Re- gram (RIN: 0560-AG69) received February 20, House adjourned until Monday, March view Coordinator, Department of Agri- 10, 2003, at noon. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the culture, transmitting the Department’s final Committee on Agriculture. f rule — Witchweed; Regulated Areas [Docket 991. A letter from the Director, Regulatory No. 02- 042-1] received February 20, 2003, pur- Review Group, Department of Transpor- EXECUTIVE COMMUNICATIONS, suant to 5 U.S.C. 801(a)(1)(A); to the Com- ETC. tation, transmitting the Department’s final mittee on Agriculture. rule — 2002 Farm Bill Regulations-Termi- Under clause 8 of rule XII, executive 980. A letter from the Congressional Re- nation of Peanut Market Quota Program and communications were taken from the view Coordinator, Department of Agri- Revised Flue-Cured Tobacco Reserve Stock Speaker’s table and referred as follows: culture, transmitting the Department’s final Level (RIN: 0560-AG75) received February 20, rule — Animal Health Protection Act; Revi- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the 969. A letter from the Director, Regulatory sions to Authority Citations [Docket No. 02- Committee on Agriculture. Review Group, Department of Agriculture, 076-1] received February 20, 2003, pursuant to 992. A letter from the Director, Regulatory transmitting the Department’s final rule — 5 U.S.C. 801(a)(1)(A); to the Committee on Review Group, Department of Transpor- Tobacco Loss Assistance Program 2001 (RIN: Agriculture. tation, transmitting the Department’s final 0560-AG61) received February 13, 2003, pursu- 981. A letter from the Director, Regulatory rule — Amendments to the Tobacco Mar- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Review Group, Department of Agriculture, keting Quota Regulations (RIN: 0560-AG40) on Agriculture. transmitting the Department’s final rule — received February 20, 2003, pursuant to 5 970. A letter from the Director, Regulatory Implementation of the United States Ware- U.S.C. 801(a)(1)(A); to the Committee on Ag- Review Group, Department of Agriculture, house Act (RIN: 0560-AG45) received Feb- riculture. transmitting the Department’s final rule — ruary 20, 2003, pursuant to 5 U.S.C. 993. A letter from the Acting Principal Livestock Indemnity Program (RIN: 0560- 801(a)(1)(A); to the Committee on Agri- Deputy Associate Administrator, Environ- AG33) received February 13, 2003, pursuant to culture. mental Protection Agency, transmitting the 5 U.S.C. 801(a)(1)(A); to the Committee on 982. A letter from the Director, Regulatory Department’s final rule — Approval and Pro- Agriculture. Review Group, Department of Agriculture, mulgation of Air Quality Implementation 971. A letter from the Chief, Regulatory transmitting the Department’s final rule — Plans; Maryland; Revisions to Regulations Review and Foreign Investment Disclosure Tobacco Marketing Quotas, Acreage for Permits, Approvals and Registration and Group, Department of Agriculture, transmit- Allotsments and Production Adjustment Related Regulations [MD 128-3097a; FRL- ting the Department’s final rule — Hard (RIN: 0560-AG51) received February 20, 2003, 7450-4] received February 25, 2003, pursuant White Wheat Incentive Program (RIN: 0560- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on AG71) received February 13, 2003, pursuant to mittee on Agriculture. Energy and Commerce. 5 U.S.C. 801(a)(1)(A); to the Committee on 983. A letter from the Director, Regulatory 994. A letter from the Acting Principal Agriculture. Review Group, Department of Agriculture, Deputy Associate Administrator, Environ- 972. A letter from the Administrator, Farm transmitting the Department’s final rule — mental Protection Agency, transmitting the Service Agency, Department of Agriculture, Dairy Indemnity Payment Program (RIN: Agency’s final rule — Revisions to the Cali- transmitting the Department’s final rule — 0560-AG08) received February 20, 2003, pursu- fornia state Implementation Plan, Ventura Apple Market Loss Assistance Payment Pro- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Air Pollution Control District [CA 266-0383; gram III (RIN: 0560-AG85) received February on Agriculture. FRL-7454-4] received February 25, 2003, pur- 13, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to 984. A letter from the Director, Regulatory suant to 5 U.S.C. 801(a)(1)(A); to the Com- the Committee on Agriculture. Review Group, Department of Agriculture, mittee on Energy and Commerce. 973. A letter from the Congressional Re- transmitting the Department’s final rule — 995. A letter from the Acting Principal view Coordinator, Department of Agri- Grazing Payments for 2001 Wheat, Barley, or Deputy Associate Administrator, Environ- culture, transmitting the Department’s final Oats (RIN: 0560-AG22) received February 20, mental Protection Agency, transmitting the rule — Mexican Fruit Fly; Addition of Regu- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department’s final rule — Approval and Pro- lated Area [Docket No. 02-121-2] received Committee on Agriculture. mulgation of Air Quality Implementation February 20, 2003, pursuant to 5 U.S.C. 985. A letter from the Director, Regulatory Plans; Connecticut; New Source Review/Pre- 801(a)(1)(A); to the Committee on Agri- Review Group, Department of Agriculture, vention of Significant Deterioration Revi- culture. transmitting the Department’s final rule — sion [CT-068-7225a; A-1-FRL-7445-9] received

VerDate Jan 31 2003 01:08 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.078 H06PT1 H1678 CONGRESSIONAL RECORD — HOUSE March 6, 2003 February 25, 2003, pursuant to 5 U.S.C. with an amendment (Rept. 108–28). Referred exposure, and for other purposes; to the 801(a)(1)(A); to the Committee on Energy and to the Committee of the Whole House on the Committee on the Judiciary. Commerce. State of the Union. By Mr. GOODLATTE (for himself, Mr. 996. A letter from the Acting Principal BOUCHER, Mr. SENSENBRENNER, Mr. f Deputy Associate Administrator, MORAN of Virginia, Mr. SMITH of Evironmental Protection Agency, transmit- PUBLIC BILLS AND RESOLUTIONS Texas, Mr. STENHOLM, Mr. DELAY, ting the Agency’s final rule — Approval and Mr. DOOLEY of California, Mr. HYDE, Promulgation of Air Quality Implementa- Under clause 2 of rule XII, public Mr. HOLDEN, Mr. COX, and Mr. tion Plans; Virginia; Reorganization of and bills and resolutions were introduced CRAMER): Revisions to Administrative and General and severally referred, as follows: H.R. 1115. A bill to amend the procedures Conformity Provisions; Documents Incor- By Mr. DEFAZIO: that apply to consideration of interstate porated by Reference; Recodification of Ex- H.R. 1109. A bill to establish a Financial class actions to assure fairer outcomes for isting SIP Provisions; Correction [VA085/086/ Markets Oversight Commission in order to class members and defendants, to outlaw cer- 089/102/103-5046a FRL-7455-7] received Feb- combine the functions of the Commodity Fu- tain practices that provide inadequate set- ruary 25, 2003, pursuant to 5 U.S.C. tures Trading Commission and the Securities tlements for class members, to assure that 801(a)(1)(A); to the Committee on Energy and and Exchange Commission in a single inde- attorneys do not receive a disproportionate Commerce. pendent regulatory commission, and for amount of settlements at the expense of 997. A letter from the Assistant Secretary, other purposes; to the Committee on Finan- class members, to provide for clearer and Department of Defense, transmitting a re- cial Services, and in addition to the Com- simpler information in class action settle- port responding to Section 8171 of the De- mittee on Agriculture, for a period to be sub- ment notices, to assure prompt consider- partment of Defense and Emergency Supple- sequently determined by the Speaker, in ation of interstate class actions, to amend mental Appropriations for Recovery from each case for consideration of such provi- title 28, United States Code, to allow the ap- and Response to Terrorist Attacks on the sions as fall within the jurisdiction of the plication of the principles of Federal diver- United States Act of 2002 (P.L. 107-117); to committee concerned. sity jurisdiction to interstate class actions, the Committee on International Relations. By Mr. TOWNS (for himself, Mr. LIPIN- and for other purposes; to the Committee on 998. A letter from the United States Trade SKI, Mr. RODRIGUEZ, Mrs. the Judiciary. Representative, Executive Office of the CHRISTENSEN, Mr. ROSS, Ms. NORTON, By Mr. CONYERS (for himself, Ms. President, transmitting a report on the im- Mr. PETERSON of Minnesota, Mr. BERKLEY, Mr. BAIRD, Mr. BERMAN, plementation of United States-Israel Free FORD, Ms. WOOLSEY, Mr. FROST, Mr. Mr. WEXLER, Mr. DELAHUNT, Mr. NAD- Trade Agreement, pursuant to Section 3105 OWENS, Ms. CARSON of Indiana, Mr. LER, Ms. NORTON, and Mr. PASCRELL): of the Trade Act of 2002; to the Committee MCDERMOTT, Mr. GRIJALVA, Mr. H.R. 1116. A bill to reform the medical mal- on Ways and Means. HALL, Ms. VELAZQUEZ, Mr. WEXLER, practice insurance business, to provide for 999. A letter from the Secretary, Depart- and Mr. LUCAS of Oklahoma): Federal alternative medical malpractice in- ment of Energy, transmitting the Depart- H.R. 1110. A bill to extend Federal funding surance, and to limit frivolous lawsuits; to ment’s plan for the construction and oper- for operation of State high risk health insur- the Committee on the Judiciary, and in addi- ation of the mixed oxide (MOX) facility at ance pools; to the Committee on Energy and tion to the Committee on Energy and Com- the Savannah River Site in Aiken, South Commerce. merce, for a period to be subsequently deter- Carolina, pursuant to Section 3182 of the Bob By Mr. BALLENGER (for himself, Mr. mined by the Speaker, in each case for con- Stump National Defense Authorization Act ANDREWS, Mr. SANDLIN, Mr. SOUDER, sideration of such provisions as fall within for FY 2003; jointly to the Committees on Mr. BEAUPREZ, Mr. GOODE, Mr. the jurisdiction of the committee concerned. Armed Services and Energy and Commerce. GRIJALVA, Mr. LAHOOD, Mrs. MYRICK, By Mr. COX: 1000. A letter from the General Counsel, Mr. CUNNINGHAM, and Mr. H.R. 1117. A bill to improve health care Department of Commerce, transmitting a HOSTETTLER): choice by providing for the tax deductibility draft bill entitled, ‘‘Marine Mammal Protec- H.R. 1111. A bill to amend title 10, United of medical expenses by individuals; to the tion Act Amendments of 2003’’; jointly to the States Code, to revise the rules relating to Committee on Ways and Means. Committees on Resources, the Judiciary, the court-ordered apportionment of the re- By Mr. BOEHLERT (for himself, Mr. International Relations, and Ways and tired pay of members of the uniformed serv- PASCRELL, Mr. QUINN, and Mr. GREEN Means. ices to former spouses, and for other pur- of Texas): 1001. A letter from the General Counsel, poses; to the Committee on Armed Services, H.R. 1118. A bill to establish the SAFER Department of Defense, transmitting the De- and in addition to the Committee on Ways Firefighter Grant Program; to the Com- partment’s legislative initiatives for inclu- and Means, for a period to be subsequently mittee on Science. sion in the National Defense Authorization determined by the Speaker, in each case for By Mrs. BIGGERT (for herself, Ms. Act for FY 2004; jointly to the Committees consideration of such provisions as fall with- PRYCE of Ohio, Ms. DUNN, Ms. GRANG- on Armed Services, Transportation and In- in the jurisdiction of the committee con- ER, Mr. BOEHNER, Mr. NORWOOD, Mrs. frastructure, Energy and Commerce, Re- cerned. BLACKBURN, Mr. BALLENGER, Mrs. sources, Ways and Means, the Judiciary, and By Mr. KINGSTON (for himself, Mr. MYRICK, Ms. HART, Mr. BLUNT, Mr. Government Reform. FOLEY, Mr. HOYER, Mr. DEUTSCH, Mr. STENHOLM, Mrs. JOHNSON of Con- f ROGERS of Michigan, Mr. JENKINS, necticut, Mrs. WILSON of New Mexico, Mr. CASTLE, Mr. FROST, Mr. NADLER, Mr. LIPINSKI, Mrs. BONO, Mr. SAM REPORTS OF COMMITTEES ON Ms. ROS-LEHTINEN, Mr. GIBBONS, Mr. JOHNSON of Texas, Mrs. MUSGRAVE, PUBLIC BILLS AND RESOLUTIONS GORDON, Mr. HOEFFEL, Mr. BURNS, Mrs. NORTHUP, Mr. COLE, Mrs. JO ANN Under clause 2 of rule XIII, reports of Mr. GINGREY, Mr. MATHESON, and Mr. DAVIS of Virginia, Mr. GINGREY, Mr. committees were delivered to the Clerk SCHROCK): REYNOLDS, Mr. TIBERI, Mr. PETRI, Mr. H.R. 1112. A bill to amend title 28 of the HOEKSTRA, Mr. MCKEON, Mr. GREEN- for printing and reference to the proper United States Code to authorize the appoint- WOOD, Mr. EHLERS, Mr. DEMINT, Mr. calendar, as follows: ment of additional bankruptcy judges, and ISAKSON, Mr. KELLER, Mr. PLATTS, Mr. BOEHNER: Committee on Education for other purposes; to the Committee on the Mr. OSBORNE, Mr. WILSON of South and the Workforce. H.R. 14. A bill to amend Judiciary. Carolina, Mr. KLINE, Mr. BARRETT of the Child Abuse Prevention and Treatment By Mr. KINGSTON: South Carolina, Ms. GINNY BROWN- Act to make improvements to and reauthor- H.R. 1113. A bill to authorize an exchange WAITE of Florida, Mr. BRADY of ize programs under that Act, and for other of land at Fort Frederica National Monu- Texas, Mr. BURTON of Indiana, Mr. purposes; with an amendment (Rept. 108–26). ment, and for other purposes; to the Com- BUYER, Mr. BROWN of South Carolina, Referred to the Committee of the Whole mittee on Resources. Mr. CAMP, Mr. CRANE, Mr. House on the State of the Union. By Mr. KIRK (for himself, Mr. HYDE, CULBERSON, Mr. CUNNINGHAM, Mr. Mr. OXLEY: Committee on Financial Serv- Mrs. JOHNSON of Connecticut, Mr. DREIER, Mr. FRANKS of Arizona, Mr. ices. H.R. 659. A bill to amend section 242 of PORTMAN, Mr. SHAYS, Mr. BURR, Mr. GOODLATTE, Mr. HASTINGS of Wash- the National Housing Act regarding the re- MICA, Mr. MCCOTTER, Mr. GILLMOR, ington, Mr. KENNEDY of Minnesota, quirements for mortgage insurance under Mr. SHIMKUS, Mr. TIBERI, Ms. GINNY Mr. KIRK, Mr. KOLBE, Mr. MANZULLO, such Act for hospitals (Rept. 108–27). Re- BROWN-WAITE of Florida, Ms. ROS- Mr. OTTER, Mr. OSE, Mr. PAUL, Mr. ferred to the Committee of the Whole House LEHTINEN, Mr. FOLEY, Mr. BAKER, Mr. PITTS, Mr. ROGERS of Michigan, Mr. on the State of the Union. KENNEDY of Rhode Island, Mr. DOO- ROHRABACHER, Mr. SCHROCK, Mr. SIM- Mr. TAUZIN: Committee on Energy and LITTLE, Mr. CASTLE, and Mr. MONS, Mr. SMITH of Michigan, Mr. Commerce. H.R. 663. A bill to amend title IX MCCRERY): SOUDER, Mr. TANCREDO, Mr. TERRY, of the Public Health Service Act to provide H.R. 1114. A bill to establish legal stand- Mr. WALDEN of Oregon, Mr. WELDON for the improvement of patient safety and to ards and procedures for the fair, prompt, in- of Florida, Mr. HYDE, Mr. BAKER, Mr. reduce the incidence of events that adversely expensive, and efficient resolution of per- GILLMOR, Mr. CHABOT, and Mr. SHAD- affect patient safety, and for other purposes; sonal injury claims arising out of asbestos EGG):

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H.R. 1119. A bill to amend the Fair Labor By Ms. GRANGER (for herself, Mr. UDALL of New Mexico, Mr. DOGGETT, Standards Act of 1938 to provide compen- WYNN, Mr. FROST, Mr. SCHROCK, Mr. Ms. HARMAN, Mr. DINGELL, Ms. satory time for employees in the private sec- CANNON, Ms. ROS-LEHTINEN, Mr. LOFGREN, Ms. JACKSON-LEE of Texas, tor; to the Committee on Education and the BOEHNER, Ms. GINNY BROWN-WAITE of Mr. TIERNEY, Mr. GONZALEZ, Mr. Workforce. Florida, Mr. ISAKSON, and Mr. CAN- LANGEVIN, Mr. WAXMAN, Ms. WATSON, By Mr. BACHUS (for himself, Mr. CON- TOR): Ms. LINDA T. SANCHEZ of California, YERS, Mr. HOEFFEL, Mr. RANGEL, and H.R. 1126. A bill to amend the Internal Rev- Mr. RUSH, Mr. MILLER of North Caro- Mr. RAHALL): enue Code of 1986 to expand the expense lina, Ms. LORETTA SANCHEZ of Cali- H.R. 1120. A bill to ensure and foster con- treatment for small businesses and to reduce fornia, Mr. KENNEDY of Rhode Island, tinued patient safety and quality of care by the depreciation recovery period for res- Mr. HASTINGS of Florida, Ms. KIL- clarifying the application of the antitrust taurant buildings and franchise operations, PATRICK, Ms. ROYBAL-ALLARD, Ms. laws to negotiations between groups of and for other purposes; to the Committee on DEGETTE, Mr. CONYERS, Mr. CARDIN, health care professional and health plans and Ways and Means. Ms. ESHOO, Mr. BACA, Mr. EMANUEL, health care insurance issuers; to the Com- By Mr. GREEN of Wisconsin: Mr. BELL, Mr. DOOLEY of California, mittee on the Judiciary. H.R. 1127. A bill to amend title 10, United Ms. WATERS, Mr. CUMMINGS, Mr. VAN States Code, to direct the Secretary of the By Mr. CANTOR: HOLLEN, and Mr. HINOJOSA): H.R. 1121. A bill to limit the period of va- Army to establish a combat artillery medal; H.R. 1130. A bill to require the Secretary of lidity of driver’s licenses and State identi- to the Committee on Armed Services. the Interior to implement the final rule to fication cards issued to nonimmigrant aliens By Mr. GREENWOOD (for himself, Mr. phase out snowmobile use in Yellowstone to the period of validity of nonimmigrant HOEFFEL, Mr. BRADY of Pennsyl- National Park, John D. Rockefeller Jr. Me- visas; to the Committee on the Judiciary. vania, Mr. DOYLE, Mr. ENGLISH, Mr. morial Parkway, and Grand Teton National By Mrs. CAPPS (for herself, Mr. FATTAH, Mr. GERLACH, Ms. HART, Mr. Park, and snowplane use in Grand Teton Na- GEORGE MILLER of California, Mrs. HOLDEN, Mr. KANJORSKI, Mr. MURPHY, tional Park; to the Committee on Resources. DAVIS of California, and Ms. LEE): Mr. MURTHA, Mr. PETERSON of Penn- By Mr. JEFFERSON: H.R. 1122. A bill to amend the Solid Waste sylvania, Mr. PITTS, Mr. PLATTS, Mr. H.R. 1131. A bill to amend the Internal Rev- Disposal Act to provide funding for the clean SHERWOOD, Mr. SHUSTER, Mr. enue Code of 1986 to extend and expand the up of MTBE contamination from under- TOOMEY, and Mr. WELDON of Pennsyl- enhanced deduction for charitable contribu- ground storage tanks, and for other pur- vania): tions of computers to provide greater public poses; to the Committee on Energy and Com- H.R. 1128. A bill to name the Department of access to computers, including access by the merce. Veterans Affairs outpatient clinic in poor; to the Committee on Ways and Means. By Mrs. JO ANN DAVIS of Virginia Horsham, Pennsylvania, as the ‘‘Victor J. By Mr. JEFFERSON (for himself and (for herself, Mr. SOUDER, Mr. MORAN Saracini Department of Veterans Affairs Mr. RANGEL): of Virginia, Mr. TOM DAVIS of Vir- Outpatient Clinic‘‘; to the Committee on H.R. 1132. A bill to amend the Internal Rev- ginia, Mrs. CHRISTENSEN, and Mrs. Veterans’ Affairs. enue Code of 1986 to provide a credit to pro- MILLER of Michigan): By Mr. HERGER: mote homeownership among low-income in- H.R. 1123. A bill to authorize States to reg- H.R. 1129. A bill to amend the Internal Rev- dividuals; to the Committee on Ways and ulate the receipt and disposal of out-of-State enue Code of 1986 to provide for installment Means. municipal solid waste; to the Committee on reporting of certain gain from the sale of an By Mr. JEFFERSON: Energy and Commerce. interest in a service business; to the Com- H.R. 1133. A bill to amend the Internal Rev- By Mr. DINGELL (for himself, Mr. mittee on Ways and Means. enue Code of 1986 to provide a temporary ex- BROWN of Ohio, Mr. TOWNS, Mr. By Mr. HOLT (for himself, Mr. SHAYS, clusion for members of reserve components PALLONE, Mr. DEUTSCH, Mr. RUSH, Ms. HOOLEY of Oregon, Mr. DEFAZIO, of the Armed Forces and Department of De- Ms. ESHOO, Mr. ENGEL, Mr. GREEN of Mr. ISRAEL, Mr. MORAN of Virginia, fense civilian employees serving in a combat Texas, Ms. MCCARTHY of Missouri, Mr. BLUMENAUER, Ms. SCHAKOWSKY, zone and to extend the exclusion for serving Ms. DEGETTE, Mrs. CAPPS, Ms. SOLIS, Mr. PAYNE, Ms. BERKLEY, Mr. TOWNS, in a combat zone to Department of Defense Mr. ANDREWS, and Mr. DEFAZIO): Mr. FRANK of Massachusetts, Mrs. civilian employees; to the Committee on H.R. 1124. A bill to reduce the cost of med- MALONEY, Mr. LEVIN, Mr. STARK, Mr. Ways and Means. ical malpractice insurance, to enhance pa- SHERMAN, Mr. PALLONE, Mr. HONDA, By Mr. JEFFERSON: tient access to medical care, and for other Mr. MARKEY, Mr. OLVER, Mr. BAIRD, H.R. 1134. A bill to amend the Internal Rev- purposes; to the Committee on Energy and Mrs. DAVIS of California, Mr. GEORGE enue Code of 1986 to increase the work oppor- Commerce, and in addition to the Committee MILLER of California, Mrs. tunity credit and welfare-to-work credit; to on the Judiciary, for a period to be subse- NAPOLITANO, Ms. NORTON, Mr. SMITH the Committee on Ways and Means. quently determined by the Speaker, in each of Washington, Mr. ANDREWS, Mr. By Mr. JEFFERSON: H.R. 1135. A bill to amend the Internal Rev- case for consideration of such provisions as PASCRELL, Mr. MCDERMOTT, Mr. WU, enue Code of 1986 to provide increased incen- fall within the jurisdiction of the committee Mr. FORD, Mrs. JONES of Ohio, Ms. tives for business investments in low-income concerned. SLAUGHTER, Mr. WEXLER, Mr. FARR, communities and small businesses; to the By Mr. ENGLISH (for himself, Mr. Mr. MEEHAN, Ms. LEE, Mr. NEAL of Committee on Ways and Means. BLUNT, Mr. CARDIN, Mr. PALLONE, Mr. Massachusetts, Mr. DELAHUNT, Mr. By Mr. KLECZKA (for himself, Mr. GARY G. MILLER of California, Mr. GUTIERREZ, Mr. CLAY, Mr. BOUCHER, SHAW, Mr. MATSUI, Mr. RANGEL, Mr. LINCOLN DIAZ-BALART of Florida, Ms. WOOLSEY, Mr. RANGEL, Mr. BALLENGER, Mr. BRADY of Texas, Mr. Mrs. EMERSON, Mr. DELAHUNT, Mr. CAPUANO, Mr. BROWN of Ohio, Mr. DOGGETT, Mr. SAM JOHNSON of Texas, VAN HOLLEN, Mr. ROGERS of Michi- WEINER, Ms. CORRINE BROWN of Flor- Mr. LAHOOD, Mr. LATOURETTE, Mr. gan, Mr. MCHUGH, Mr. BOEHLERT, Mr. ida, Ms. DELAURO, Mr. INSLEE, Mrs. POMEROY, Mr. RYAN of Wisconsin, and LEACH, Mr. JANKLOW, Mr. HINCHEY, CAPPS, Mr. MCNULTY, Mr. HOEFFEL, Mr. GOODLATTE): Mr. BISHOP of New York, Mr. MATSUI, Mr. GREEN of Wisconsin, Mr. H.R. 1136. A bill to amend title 36, United Ms. MCCARTHY of Missouri, Mr. FIL- LATOURETTE, Mr. CLYBURN, Mr. States Code, to repeal the Federal Charter NER, Mr. GILCHREST, Mr. BECERRA, TERRY, Mr. DAVIS of Alabama, Mr. for Retired Enlisted Association, Incor- SANDERS, Mr. GORDON, Ms. HART, Mr. Mr. DEUTSCH, Mr. NADLER, Mr. ROTH- porated; to the Committee on the Judiciary. KLECZKA, Ms. SCHAKOWSKY, Mr. MAN, Mr. OWENS, Mr. SCHIFF, Ms. By Mr. LATHAM (for himself, Mr. EDDIE BERNICE JOHNSON of Texas, Mr. SCHIFF, Mr. KUCINICH, Mr. DEUTSCH, MCINTYRE, Mr. COLE, Mr. COMBEST, HINCHEY, Mr. KIRK, Mr. MEEKS of New Ms. WOOLSEY, Mr. WEXLER, Mr. DAVIS Mr. RYUN of Kansas, and Mr. York, Ms. MILLENDER-MCDONALD, Mr. of Illinois, Mr. BOEHNER, Ms. BALD- NUSSLE): WIN, Ms. BERKLEY, Mr. PASCRELL, Mr. LEACH, Mr. GRIJALVA, Mr. FROST, Mr. H.R. 1137. A bill to exepmt small trailer MCDERMOTT, Mr. PICKERING, Mr. UDALL of Colorado, Mr. LANTOS, Mr. manufacturers from enhanced early warning FOLEY, Mr. ROSS, Mr. ANDREWS, Mr. ABERCROMBIE, Mrs. JOHNSON of Con- reporting requirements under the Transpor- MCCRERY, Mr. MCNULTY, Mr. necticut, Mrs. LOWEY, Mr. FATTAH, tation Recall Enhancement, Accountability, BOOZMAN, Mr. GOODE, and Mr. KIL- Ms. SOLIS, Mr. PASTOR, Mr. PRICE of and Documentation (TREAD) Act; to the DEE): North Carolina, Mr. EVANS, Mr. ACK- Committee on Energy and Commerce. H.R. 1125. A bill to amend title XVIII of the ERMAN, Mr. RODRIGUEZ, Mr. CROWLEY, By Mr. MARKEY (for himself and Mr. Social Security Act to repeal the Medicare Mr. BRADY of Pennsylvania, Mr. COO- SMITH of New Jersey): outpatient rehabilitation therapy caps; to PER, Mr. MCGOVERN, Mr. LYNCH, Mrs. H.R. 1138. A bill to amend the Public the Committee on Energy and Commerce, TAUSCHER, Mr. DAVIS of Illinois, Mr. Health Service Act to provide for Alz- and in addition to the Committee on Ways JEFFERSON, Mr. CARSON of Oklahoma, heimer’s disease research and demonstration and Means, for a period to be subsequently Mr. CASE, Mr. SIMMONS, Mr. RAHALL, grants; to the Committee on Energy and determined by the Speaker, in each case for Mr. MOORE, Mr. SERRANO, Mr. Commerce. consideration of such provisions as fall with- KUCINICH, Mr. MENENDEZ, Mr. ENGEL, By Mr. MEEKS of New York: in the jurisdiction of the committee con- Mr. LARSON of Connecticut, Mr. H.R. 1139. A bill to amend the Internal Rev- cerned. LEWIS of Georgia, Mr. BERMAN, Mr. enue Code of 1986 to clarify the treatment of

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frequent flyer mileage awards; to the Com- agement of asthma, allergies, and related Mr. OWENS, Ms. LEE, Mr. FARR, Mr. mittee on Ways and Means. respiratory problems, to establish a tax cred- TOWNS, Mr. GRIJALVA, Mr. CONYERS, By Mr. MEEKS of New York: it regarding pest control and indoor air qual- Mr. MCDERMOTT, Ms. JACKSON-LEE of H.R. 1140. A bill to amend the Internal Rev- ity and climate control services for multi- Texas, Mr. HINCHEY, Mr. OLVER, Ms. enue Code of 1986 to stimulate economic de- family residential housing in low-income WOOLSEY, Mr. FRANK of Massachu- velopment by enhancing the availability and communities, and for other purposes; to the setts, Mr. JACKSON of Illinois, Mr. benefits of small issue bonds; to the Com- Committee on Energy and Commerce, and in MCGOVERN, Ms. BALDWIN, Ms. WA- mittee on Ways and Means. addition to the Committee on Ways and TERS, Mr. FORD, Mr. LIPINSKI, Mr. By Mr. MEEKS of New York: Means, for a period to be subsequently deter- STARK, and Mr. UDALL of Colorado): H.R. 1141. A bill to amend the Internal Rev- mined by the Speaker, in each case for con- H.R. 1157. A bill to amend the Foreign In- enue Code of 1986 to allow a deduction to in- sideration of such provisions as fall within telligence Surveillance Act to exempt book- dividuals for credit card interest; to the the jurisdiction of the committee concerned. stores and libraries from orders requiring the Committee on Ways and Means. By Mr. GARY G. MILLER of California production of any tangible things for certain By Mr. MICHAUD (for himself and Mr. (for himself, Mr. COX, Mr. CALVERT, foreign intelligence investigations, and for ALLEN): and Mr. ROYCE): other purposes; to the Committee on the Ju- H.R. 1142. A bill to establish a commercial H.R. 1150. A bill to direct the Secretary of diciary, and in addition to the Committee on truck highway safety demonstration pro- Transportation to make grants to Orange Intelligence (Permanent Select), for a period gram in the State of Maine, and for other County, California, for intercounty express to be subsequently determined by the Speak- purposes; to the Committee on Transpor- bus service, and for other purposes; to the er, in each case for consideration of such pro- tation and Infrastructure. Committee on Transportation and Infra- visions as fall within the jurisdiction of the By Ms. MILLENDER-MCDONALD (for structure. committee concerned. herself, Mrs. CHRISTENSEN, Mr. FRANK By Mr. MORAN of Virginia (for him- By Mr. SANDLIN: of Massachusetts, Mr. MCNULTY, Ms. self, Ms. NORTON, Mr. WYNN, Mr. VAN H.R. 1158. A bill to modify the antitrust ex- WOOLSEY, Mr. MCDERMOTT, and Mr. HOLLEN, Mr. TOM DAVIS of Virginia, emption applicable to the business of med- OWENS): and Mr. HOYER): ical malpractice insurance, to address cur- H.R. 1143. A bill to amend title XIX of the H.R. 1151. A bill to provide that transit rent issues for health care providers, to re- Social Security Act to permit States to ex- pass transportation fringe benefits be made form medical malpractice litigation by mak- pand Medicaid eligibility to uninsured, poor available to all qualified Federal employees ing available alternative dispute resolution adults; to the Committee on Energy and in the National Capital Region; to allow pas- methods, requiring plaintiffs to submit affi- Commerce. senger carriers which are owned or leased by davits of merit before proceeding, and ena- By Ms. MILLENDER-MCDONALD (for the Government to be used to transport Gov- bling judgments to be satisfied through peri- herself, Mr. WEXLER, Ms. WOOLSEY, ernment employees between their place of odic payments, to reform the medical mal- Ms. NORTON, Mr. HOLDEN, Mrs. employment and mass transit facilities, and practice insurance market, and for other CHRISTENSEN, Mr. RANGEL, Mr. for other purposes; to the Committee on purposes; to the Committee on the Judici- MCNULTY, Mr. FROST, Mr. CASE, Mr. Government Reform. ary, and in addition to the Committees on SCHIFF, Mr. MCDERMOTT, Mr. By Mrs. MYRICK: Energy and Commerce, Ways and Means, and GRIJALVA, Mr. KILDEE, Mr. BACA, Mr. H.R. 1152. A bill to increase the cap on Education and the Workforce, for a period to RUSH, Mr. ORTIZ, Mr. OWENS, Mr. qualified small issue bonds; to the Com- be subsequently determined by the Speaker, ACKERMAN, Mr. GUTIERREZ, Ms. LEE, mittee on Ways and Means. in each case for consideration of such provi- Mr. DAVIS of Alabama, Mr. TOWNS, By Mr. OTTER (for himself, Mr. CAN- sions as fall within the jurisdiction of the Mr. COOPER, and Mr. LANTOS): NON, Mr. SIMPSON, Mr. AKIN, Mrs. committee concerned. H.R. 1144. A bill to provide, with respect to CUBIN, Mr. CULBERSON, Mr. DOO- By Mr. SHAW (for himself and Mr. diabetes in minority populations, for an in- LITTLE, Mr. GIBBONS, Mr. HERGER, FOLEY): crease in the extent of activities carried out Mr. HUNTER, Mr. MCINNIS, Mr. PAUL, H.R. 1159. A bill to amend the Internal Rev- by the Centers for Disease Control and Pre- Mr. PETERSON of Pennsylvania, Mr. enue Code of 1986 to clarify the treatment for vention and the National Institutes of RADANOVICH, Mr. REHBERG, Mr. SHU- foreign tax credit limitation purposes of cer- Health; to the Committee on Energy and STER, Mr. TANCREDO, and Mr. YOUNG tain transfers of intangible property; to the Commerce. of Alaska): Committee on Ways and Means. By Ms. MILLENDER-MCDONALD (for H.R. 1153. A bill to accelerate the wilder- By Mr. SHERWOOD (for himself, Mr. herself, Mr. WEXLER, Ms. LOFGREN, ness designation process by establishing a OBEY, Mr. WALSH, Mr. SANDERS, Mr. Ms. WATSON, Ms. NORTON, Mr. BRADY timetable for the completion of wilderness MCHUGH, Mr. HOLDEN, Mr. of Pennsylvania, Ms. KAPTUR, Ms. studies on Federal lands, and for other pur- LATOURETTE, Mr. SWEENEY, Ms. WOOLSEY, Mrs. CHRISTENSEN, Mr. poses; to the Committee on Resources. BALDWIN, Mr. QUINN, Mr. EHLERS, Mr. HONDA, Mr. WALSH, Mr. RANGEL, Mr. By Mr. PAUL (for himself, Mr. NOR- GOODE, Mr. BROWN of Ohio, Mr. SHU- MCNULTY, Mr. FROST, Mr. WOOD, Mr. DUNCAN, Mr. GOODE, Mr. STER, Mr. PETERSON of Pennsylvania, MCDERMOTT, Mr. KILDEE, Mr. WAX- SESSIONS, Mrs. MUSGRAVE, Mr. Mr. OLVER, Mr. FILNER, Mr. LARSEN MAN, Ms. MCCOLLUM, Mr. WATT, Mr. FLAKE, and Mr. AKIN): of Washington, Mr. HINCHEY, Mr. OWENS, Mr. HOUGHTON, Mr. JEFFER- H.R. 1154. A bill to provide that the Inter- SANDLIN, Mr. MURTHA, Mr. MCNULTY, SON, Mr. PAYNE, and Mr. BROWN of national Criminal Court is not valid with re- Mr. OSBORNE, Mr. SIMMONS, Mr. Ohio): spect to the United States, and for other pur- BACA, Mr. BOUCHER, Mr. SENSEN- H.R. 1145. A bill to provide additional ap- poses; to the Committee on International BRENNER, Mr. BOYD, Mr. PICKERING, propriations for the fiscal year 2003 for the Relations. Mr. BERRY, Ms. KAPTUR, Mr. Peace Corps; to the Committee on Inter- By Ms. PRYCE of Ohio (for herself, REHBERG, Mr. GILCHREST, Mr. POM- national Relations. Mrs. BIGGERT, Mr. CRANE, Mr. FOLEY, EROY, Mr. DEFAZIO, Mr. LOBIONDO, By Mr. PAUL: Mrs. JOHNSON of Connecticut, Mr. Mrs. CAPITO, Mr. GRIJALVA, Mr. H.R. 1146. A bill to end membership of the SENSENBRENNER, Mr. BECERRA, Mr. TURNER of Texas, Mr. GREENWOOD, United States in the United Nations; to the LEWIS of Georgia, Mr. MATSUI, and Mr. ENGLISH, Mrs. KELLY, Ms. HART, Committee on International Relations. Mr. VAN HOLLEN): Mr. ROGERS of Michigan, Mr. BART- By Ms. MILLENDER-MCDONALD (for H.R. 1155. A bill to amend the Internal Rev- LETT of Maryland, Mr. KLECZKA, Mr. herself, Ms. JACKSON-LEE of Texas, enue Code of 1986 to exclude from gross in- HOUGHTON, Ms. DELAURO, Mr. Ms. NORTON, Mr. MORAN of Virginia, come amounts received on account of claims MCGOVERN, Mr. PETRI, Mr. SMITH of Mr. OWENS, Ms. SCHAKOWSKY, and based on certain unlawful discrimination and Michigan, Mr. DOYLE, Mr. KUCINICH, Mrs. CHRISTENSEN): to allow income averaging for backpay and Mr. SIMPSON, Mr. PITTS, and Mrs. H.R. 1147. A bill to improve the safety of frontpay awards received on account of such EMERSON): firearms; to the Committee on the Judiciary. claims, and for other purposes; to the Com- H.R. 1160. A bill to impose tariff-rate By Ms. MILLENDER-MCDONALD (for mittee on Ways and Means. quotas on certain casein and milk protein herself and Mr. FERGUSON): By Ms. LORETTA SANCHEZ of Cali- concentrates; to the Committee on Ways and H.R. 1148. A bill to direct the Secretary of fornia (for herself and Mr. GARY G. Means. Homeland Security to carry out activities to MILLER of California): By Mr. SMITH of Texas (for himself, assess and reduce the vulnerabilities of pub- H.R. 1156. A bill to amend the Reclamation Mr. COBLE, Mr. SENSENBRENNER, Mr. lic transportation systems; to the Com- Wastewater and Groundwater Study and Fa- POMEROY, Mr. LAMPSON, Mr. FOLEY, mittee on Transportation and Infrastruc- cilities Act to increase the ceiling on the Mr. BAKER, Mr. BARTLETT of Mary- ture. Federal share of the costs of phase I of the land, Mr. CANNON, Mr. CULBERSON, By Ms. MILLENDER-MCDONALD (for Orange County, California, Regional Water Mr. DELAY, Mr. WAMP, Mr. RYUN of herself, Ms. NORTON, and Mr. OWENS): Reclamation Project; to the Committee on Kansas, Mr. GILCHREST, Mr. WILSON H.R. 1149. A bill to authorize the Secretary Resources. of South Carolina, Mr. GREEN of Wis- of Health and Human Services to carry out By Mr. SANDERS (for himself, Mr. consin, Mr. HUNTER, Ms. JACKSON- programs regarding the prevention and man- PAUL, Mr. DEFAZIO, Mr. BLUMENAUER, LEE of Texas, Mr. JENKINS, Mrs.

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JOHNSON of Connecticut, Mr. PICK- ment Centers to Indian tribe members, Na- Capitol, and for other purposes; to the Com- ERING, Mr. SIMMONS, Mr. SOUDER, Mr. tive Alaskans, and Native Hawaiians; to the mittee on House Administration. SPRATT, Mr. STENHOLM, Mr. WELDON Committee on Small Business. By Mr. MENENDEZ: of Florida, Mr. PENCE, Mr. OXLEY, By Mrs. WILSON of New Mexico: H. Res. 130. A resolution electing Members Mr. MATHESON, Mr. LOBIONDO, Mr. H.R. 1167. A bill to amend title 38, United to a certain standing committee of the KENNEDY of Minnesota, Mr. ROGERS States Code, to permit remarried surviving House of Representatives; considered and of Michigan, Mr. WELLER, Mr. BACH- spouses of veterans to be eligible for burial agreed to. US, Ms. HART, Mr. GOODLATTE, Mr. in a national cemetery; to the Committee on By Mr. MEEKS of New York: KELLER, Mrs. CAPITO, and Mr. VIS- Veterans’ Affairs. H. Res. 131. A resolution expressing the CLOSKY): By Mr. BEREUTER: gratitude of the House of Representatives to H.R. 1161. A bill to prevent trafficking in H. Con. Res. 79. Concurrent resolution ex- the people and Government of Malaysia for child pornography and obscenity, to pro- pressing support for a peaceful, just, and their support, cooperation, and assistance in scribe pandering and solicitation relating to lasting settlement to the Cyprus problem; to combating international terrorism; to the visual depictions of minors engaging in sexu- the Committee on International Relations. Committee on International Relations. ally explicit conduct, to prevent the use of By Mr. BOEHLERT (for himself, Mr. By Mr. OSE (for himself, Mr. SENSEN- child pornography and obscenity to facilitate ROYCE, Mr. HOUGHTON, Ms. WOOLSEY, BRENNER, Mr. CHABOT, Mr. crimes against children, and for other pur- Mr. GILCHREST, Mr. LANTOS, Mr. CUNNINGHAM, Mr. CARDOZA, Mr. poses; to the Committee on the Judiciary. UDALL of Colorado, Ms. EDDIE BER- HERGER, Mr. OTTER, Mr. DOOLITTLE, By Mr. SMITH of Washington (for him- NICE JOHNSON of Texas, Mr. SANDERS, Mrs. NAPOLITANO, Mr. PORTER, Mr. self, Mr. DOOLEY of California, Mr. Ms. LEE, Ms. MILLENDER-MCDONALD, FRANKS of Arizona, Mr. OXLEY, Mr. MCINTYRE, Mr. TURNER of Texas, Ms. Mr. TOWNS, Mr. HASTINGS of Florida, HENSARLING, Mrs. BONO, Mr. KENNEDY ESHOO, Ms. LOFGREN, Mr. REYES, Mr. Ms. SLAUGHTER, Mr. CUMMINGS, Mr. of Minnesota, Mr. WALSH, Mr. BAR- COOPER, Mr. JOHN, Mrs. TAUSCHER, FATTAH, Mr. PAYNE, Mr. RETT of South Carolina, Mr. ISAKSON, Mr. CASE, Mrs. MCCARTHY of New FALEOMAVAEGA, and Mr. OWENS): Mr. EVERETT, Mr. GARY G. MILLER of York, Mrs. JONES of Ohio, Mr. KIND, H. Con. Res. 80. Concurrent resolution ex- California, Mr. FROST, Mr. ROGERS of Mr. SCOTT of Georgia, Mr. BAIRD, and pressing the sense of Congress relating to ef- Alabama, Mr. HAYES, Mr. WILSON of Mr. DAVIS of Florida): forts of the Peace Parks Foundation in the South Carolina, Mr. RENZI, Mr. H.R. 1162. A bill to amend the Internal Rev- Republic of South Africa to facilitate the es- FOLEY, Mr. NEY, Mr. BEAUPREZ, Mrs. enue Service Code of 1986 to allow a deduc- tablishment and development of CAPITO, Mrs. NORTHUP, Ms. GINNY tion for certain distributions from a con- transfrontier conservation efforts in south- BROWN-WAITE of Florida, Mr. trolled foreign corporation to encourage ern Africa; to the Committee on Inter- CHOCOLA, Mr. SHUSTER, Mr. BURNS, companies to invest in worker hiring and national Relations. Mr. HAYWORTH, Mr. MATHESON, Mr. training, infrastructure investments, capital By Mr. HASTINGS of Florida: STEARNS, Mr. SWEENEY, Mr. GERLACH, H. Con. Res. 81. Concurrent resolution con- investments, financial stabilization of the Mr. GOODE, and Mr. NUNES): demning the Democratic People’s Republic company, and research and development; to H. Res. 132. A resolution expressing the of Korea for its announcement that it has re- the Committee on Ways and Means. sense of the House of Representatives that started a nuclear reactor at Yongbyon and By Mr. STEARNS: the Ninth Circuit Court of Appeals ruling in H.R. 1163. A bill to amend the Internal Rev- for the provocation caused by the intercep- Newdow v. United States Congress is incon- enue Code of 1986 to exclude from gross in- tion of a United States Air Force reconnais- sistent with the Supreme Court’s interpreta- come certain interest amounts received by sance plane by North Korean military air- tion of the first amendment and should be individuals; to the Committee on Ways and craft; to the Committee on International Re- overturned, and for other purposes; to the Means. lations. Committee on the Judiciary. By Mr. SWEENEY (for himself and Mr. By Mr. HOSTETTLER (for himself, Mr. By Mr. SULLIVAN (for himself, Mr. MCNULTY): HUNTER, Mr. YOUNG of Alaska, Mr. CANNON, Mr. KING of Iowa, Mr. RYUN H.R. 1164. A bill to extend the deadlines BARTLETT of Maryland, and Mr. of Kansas, Mr. LEWIS of Kentucky, under part I of the Federal Power Act for THORNBERRY): Mr. GREEN of Wisconsin, Mr. GIB- commencement of construction of two H. Con. Res. 82. Concurrent resolution ex- BONS, Mr. OTTER, Mr. TOOMEY, Mr. hydro-electric projects in the State of New pressing the sense of the Congress on com- PITTS, Ms. HART, Mrs. MYRICK, and York; to the Committee on Energy and Com- memorating the 20th Anniversary of Presi- Ms. GINNY BROWN-WAITE of Florida): merce. dent Ronald Reagan’s vision for protecting H. Res. 133. A resolution amending the By Mr. THOMPSON of California (for the United States against ballistic missile Rules of the House of Representatives to es- himself, Ms. SLAUGHTER, Mr. HIN- attack and commending President George W. tablish a discretionary spending ledger and a CHEY, Mr. GEORGE MILLER of Cali- Bush’s commitment to a multi-layered bal- mandatory spending ledger; to the Com- fornia, Mr. FILNER, Mr. QUINN, Mr. listic missile defense system to protect the mittee on Rules. BROWN of Ohio, Mrs. NAPOLITANO, Ms. homeland of the United States from ballistic NORTON, Mrs. DAVIS of California, Mr. missile attack; to the Committee on Armed f STARK, Ms. MCCOLLUM, Mr. HONDA, Services, and in addition to the Committee Ms. DEGETTE, Mr. BLUMENAUER, Ms. on International Relations, for a period to be ADDITIONAL SPONSORS DELAURO, Ms. LEE, Mr. PASCRELL, subsequently determined by the Speaker, in Under clause 7 of rule XII, sponsors Ms. SCHAKOWSKY, Mr. ROTHMAN, Mr. each case for consideration of such provi- were added to public bills and resolu- SCHIFF, Mr. OWENS, Ms. BORDALLO, sions as fall within the jurisdiction of the tions as follows: Mr. ENGEL, Ms. MILLENDER-MCDON- committee concerned. ALD, Mr. GILCHREST, and Ms. ESHOO): By Ms. MILLENDER-MCDONALD (for H.R. 2: Mr. DELAY, Mr. BLUNT, Ms. PRYCE H.R. 1165. A bill to establish a grant and herself, Mr. ABERCROMBIE, Ms. BERK- of Ohio, Mr. COX, Mr. REYNOLDS, Mr. DREIER, fee program through the Environmental Pro- LEY, Ms. BORDALLO, Mr. DAVIS of Illi- Mr. DOOLITTLE, Mr. KINGSTON, Mr. CRANE, tection Agency to encourage and promote nois, Mr. DELAHUNT, Mr. DOGGETT, Mr. SHAW, Mr. HERGER, Mr. MCCRERY, Mr. the recycling of used computers and to pro- Mr. FILNER, Mr. HOEFFEL, Mr. HONDA, CAMP, Mr. RAMSTAD, Mr. SAM JOHNSON of mote the development of a national infra- Mr. ISRAEL, Ms. EDDIE BERNICE JOHN- Texas, Ms. DUNN, Mr. PORTMAN, Mr. structure for the recycling of used com- SON of Texas, Mrs. JONES of Ohio, Mr. HAYWORTH, Mr. HULSHOF, Mr. MCINNIS, Mr. puters, and for other purposes; to the Com- KUCINICH, Mr. LARSON of Connecticut, LEWIS of Kentucky, Mr. FOLEY, Mr. BRADY of mittee on Energy and Commerce. Ms. LOFGREN, Mr. OWENS, Mr. ROHR- Texas, Mr. RYAN of Wisconsin, Mr. CANTOR, By Mr. UDALL of New Mexico (for ABACHER, Ms. ROYBAL-ALLARD, Ms. Mr. HENSARLING, Mr. PITTS, Mr. MCKEON, himself, Mr. MANZULLO, Ms. VELAZ- LORETTA SANCHEZ of California, Ms. Mr. WILSON of South Carolina, Mr. DEMINT, QUEZ, Mr. GRAVES, Mr. RENZI, Mr. SCHAKOWSKY, Mr. TIAHRT, Mr. TOWNS, Mr. FOSSELLA, Mr. MCCOTTER, Ms. GINNY FRANKS of Arizona, Mr. MATHESON, Ms. WOOLSEY, Mr. WU, and Mr. BROWN-WAITE of Florida, Mr. BOEHNER, Mr. Mr. HAYWORTH, Mr. KILDEE, Mr. WYNN): FRANKS of Arizona, Mr. KELLER, and Mr. UDALL of Colorado, Ms. MILLENDER- H. Con. Res. 83. Concurrent resolution Hon- GARY G. MILLER of California. MCDONALD, Mr. BALLANCE, Mrs. oring the victims of the Cambodian genocide H.R. 5: Mr. BROWN of South Carolina and CHRISTENSEN, Mr. GONZALEZ, Mr. that took place from April 1975 to January Mr. HOLDEN. ACEVEDO-VILA, Mr. CASE, Mr. 1979; to the Committee on International Re- H.R. 12: Mr. REGULA, Mr. STENHOLM, and MICHAUD, Mrs. JONES of Ohio, Mr. lations. Mr. GOODLATTE. CARSON of Oklahoma, Mr. By Mr. TIAHRT (for himself, Mr. RYUN H.R. 33: Mr. BOOZMAN and Mr. ROSS. FALEOMAVAEGA, Ms. BORDALLO, Mrs. of Kansas, Mr. MORAN of Kansas, and H.R. 111: Mr. POMBO. NAPOLITANO, and Mr. DAVIS of Illi- Mr. MOORE): H.R. 132: Mr. MEEKS of New York and Mr. nois): H. Con. Res. 84. Concurrent resolution pro- MILLER of North Carolina. H.R. 1166. A bill to amend the Small Busi- viding for the acceptance of a statue of H.R. 151: Ms. BORDALLO. ness Act to expand and improve the assist- President Dwight D. Eisenhower, presented H.R. 167: Mr. SAXTON. ance provided by Small Business Develop- by the people of Kansas, for placement in the H.R. 168: Mr. KILDEE.

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H.R. 173: Mr. RAHALL, Mr. ENGLISH, Mr. H.R. 588: Mr. TIBERI and Mr. OXLEY. H.R. 934: Mr. MCNULTY. JONES of North Carolina, Mr. GREEN of H.R. 594: Mr. SAXTON, Mr. ORTIZ, Mr. MOL- H.R. 937: Mr. LAHOOD. Texas, Mr. LYNCH, Mr. INSLEE, Ms. GINNY LOHAN, Mr. TOM DAVIS of Virginia, and Mr. H.R. 953: Mr. UDALL of Colorado, Mr. NEAL BROWN-WAITE of Florida, Mr. JANKLOW, Mr. INSLEE. of Massachusetts, and Mr. SHERMAN. GALLEGLY, Ms. KAPTUR, Mr. SERRANO, Mr. H.R. 627: Mr. OLVER, Mr. SOUDER, Mr. H.R. 973: Ms. KAPTUR. ISRAEL, Mr. LANGEVIN, Mr. MEEHAN, Mr. MCNULTY, Mr. WEXLER, and Mr. OWENS. H.R. 997: Mr. TAYLOR of Mississippi, Mr. WALSH, and Mr. DEUTSCH. H.R. 643: Ms. LOFGREN, Mr. OWENS, Ms. PITTS, Mr. WILSON of South Carolina, Mr. H.R. 205: Mr. LATHAM and Mr. CASE. MCCOLLUM, and Mr. MOORE. HOSTETTLER, Mr. LIPINSKI, Mr. BURTON of In- H.R. 218: Mr. PORTMAN, Mr. HASTINGS of H.R. 655: Mr. LIPINSKI. diana, Mr. STEARNS, Mr. HAYES, Ms. GINNY Florida, and Mr. BOSWELL. H.R. 660: Mr. ROGERS of Kentucky, Mr. BROWN-WAITE of Florida, Mr. BARTLETT of H.R. 220: Mr. WAMP and Mr. FOLEY. WELLER, Ms. EDDIE BERNICE JOHNSON of Maryland, and Mr. GOODE. Texas, Mr. BARTLETT of Maryland, Mr. KING H.R. 236: Mr. KUCINICH, Ms. WATERS, Mr. H.R. 1022: Mr. REYES, Mr. LANTOS, Mrs. of Iowa, and Mr. SHUSTER. BALLANCE, Mr. BISHOP of Georgia, Mr. MEEK CHRISTENSEN, Mr. BACA, Mr. FROST, Mr. H.R. 678: Mr. CUMMINGS, Mr. CLYBURN, and of Florida, Mr. ABERCROMBIE, and Ms. KAP- ABERCROMBIE, Mr. ACKERMAN, Mr. GONZALEZ, Mr. BACHUS. TUR. Mr. NEAL of Massachusetts, and Mr. MARKEY. H.R. 715: Mr. LIPINSKI and Ms. LORETTA H.R. 284: Mr. ADERHOLT, Mr. FORBES, Mr. H.R. 1029: Ms. WOOLSEY and Mr. CAPUANO. SANCHEZ of California. KENNEDY of Minnesota, Mr. TERRY, Mr. H.R. 1032: Mr. FOLEY and Mr. HAYWORTH. STRICKLAND, and Mr. BONNER. H.R. 728: Mr. FORBES. H.R. 1039: Mr. STARK. H.R. 286: Mr. MCINNIS. H.R. 735: Mr. CLAY, Mr. LANTOS, Mr. LEACH, H.R. 1043: Mr. ETHERIDGE, Mr. NEY, Mr. H.R. 303: Mr. TIBERI and Mr. MCINTYRE. Ms. PRYCE of Ohio, and Mr. LYNCH. DAVIS of Tennessee, Mr. SAM JOHNSON of H.R. 328: Mr. ROGERS of Kentucky, Mr. H.R. 760: Mr. JANKLOW. Texas, and Mr. GERLACH. WATT, Mr. PASTOR, and Ms. LORETTA H.R. 768: Mr. CLYBURN. H.R. 1056: Mr. WEXLER, Mr. GRIJALVA, and SANCHEZ of California. H.R. 779: Ms. WATERS. H.R. 780: Mr. ALLEN, Mr. KILDEE, and Mr. Ms. LEE. H.R. 339: Ms. GINNY BROWN-WAITE of Flor- H.R. 1068: Mr. LATOURETTE, Mr. MURTHA, ida. VAN HOLLEN. H.R. 784: Mrs. CAPITO and Mr. FRANK of Mr. PALLONE, Mr. TOWNS, Mr. OWENS, Mr. H.R. 444: Mr. MARIO DIAZ-BALART of Flor- Massachusetts. HINCHEY, Mr. HOLDEN, Mr. PICKERING, Mr. ida, Mr. KOLBE, Ms. DUNN, Ms. HART, and Mr. H.R. 786: Mrs. KELLY. GRIJALVA, Mr. GREEN of Texas, Mr. FOLEY. H.R. 792: Mr. WILSON of South Carolina, CULBERSON, Mr. SESSIONS, Mr. MCNULTY, Mr. H.R. 487: Mr. FOLEY. Mr. ALEXANDER, Mr. ROGERS of Kentucky, WEINER, Mr. LEACH, Mr. SERRANO, Mr. WYNN, H.R. 488: Ms. GINNY BROWN-WAITE of Flor- ida. Mr. SOUDER, Mr. CLYBURN, Mr. BOSWELL, Mr. Mr. TAYLOR of Mississippi, Mr. CASE, Ms. KIRK, Mr. DELAHUNT, and Mr. BONNER. H.R. 552: Mr. BONNER and Mr. KING of New DELAURO, Mr. LANTOS, Mr. SANDLIN, Mr. LI- York. H.R. 804: Mr. JONES of North Carolina. PINSKI, Mr. CARSON of Oklahoma, Mr. H.R. 806: Ms. LORETTA SANCHEZ of Cali- H.R. 525: Mr. EMANUEL, Mr. TIERNEY, Mr. HOEFFEL, Ms. MILLENDER-MCDONALD, Ms. fornia. SHERMAN, Mr. SKELTON, Mr. UPTON, Mr. LEE, Mr. FORD, and Mr. FORBES. H.R. 808: Mr. HAYWORTH, Mr. CANTOR, and HILL, Mrs. TAUSCHER, Mr. BERMAN, Mr. H.R. 1077: Mr. LEWIS of Georgia. Mr. MCNULTY. CROWLEY, Mrs. EMERSON, Mr. SPRATT, Mr. H.R. 1093: Mr. FRANK of Massachusetts, Mr. H.R. 811: Mr. CONYERS, Ms. CORRINE BROWN MARSHALL, Mr. DELAHUNT, Mr. MCGOVERN, LEWIS of California, Mr. FROST, and Mr. of Florida, Ms. NORTON, and Ms. JACKSON- Mr. STENHOLM, Mr. BRADY of Texas, Mr. SAM WOLF. LEE of Texas. JOHNSON of Texas, Mr. HOUGHTON, Mr. WAX- H.R. 1108: Ms. EDDIE BERNICE JOHNSON of H.R. 813: Mr. KILDEE. MAN, Mr. NADLER, Mr. SCOTT of Georgia, Mr. Texas. H.R. 814: Mrs. NAPOLITANO, Mr. DEUTSCH, WATT, Mr. SHAW, Mr. ABERCROMBIE, Mr. H.J. Res. 4: Mr. PITTS, Mr. CARDOZA, Mr. and Ms. LORETTA SANCHEZ of California. CUNNINGHAM, Mr. HASTINGS of Florida, Mr. JOHN, and Mr. RYAN of Wisconsin. H.R. 815: Mr. FORD. H.J. Res. 20: Mr. FATTAH. ROTHMAN, Mr. FOLEY, Mrs. LOWEY, Mr. H.R. 817: Mr. BOSWELL. H.J. Res. 22: Mr. DAVIS of Tennessee. WELDON of Pennsylvania, Mr. LARSON of Con- H.R. 830: Mr. UDALL of Colorado. H. Con. Res. 21: Mr. KENNEDY of Minnesota. necticut, Ms. BERKLEY, Ms. LORETTA H.R. 839: Ms. DUNN and Mr. GORDON. H. Con. Res. 23: Mr. CASTLE. SANCHEZ of California, Ms. LINDA T. SANCHEZ H.R. 847: Mr. COSTELLO. H. Con. Res. 49: Mr. WEXLER, Mr. SHIMKUS, of California, Mr. BISHOP of New York, Mr. H.R. 857: Mr. WELDON of Pennsylvania, Mr. Ms. BERKLEY, Mr. ENGEL, Mr. DEUTSCH, Mr. RYAN of Ohio, Mr. MCNULTY, and Mr. MCGOVERN, and Mr. GEORGE MILLER of Cali- ISAKSON. fornia. GARRETT of New Jersey, and Mr. FRANK of H.R. 529: Mr. MCNULTY. H.R. 859: Mr. SAM JOHNSON of Texas, Mr. Massachusetts. H.R. 543: Mr. WOLF, Mr. PAUL, Mr. KOLBE, ISAKSON, and Mr. SHERMAN. H. Res. 59: Mr. ENGLISH. Mr. GREEN of Wisconsin, and Mr. ALEXANDER. H.R. 870: Ms. DUNN. H. Res. 50: Mr. TERRY, Ms. HART, Mr. H.R. 545: Mr. FOLEY, Mr. MCHUGH, and Mr. H.R. 871: Ms. GINNY BROWN-WAITE of Flor- MORAN of Virginia, Mr. ENGLISH, Mr. MATHESON. ida and Mr. BOSWELL. LOBIONDO, and Mr. KIND. H.R. 570: Mr. UDALL of Colorado and Mr. H.R. 876: Mrs. CAPITO and Mr. CARSON of H. Res. 72: Mr. FOLEY. STEARNS. Oklahoma. H.R. 571: Mr. HILL, Mr. DOOLITTLE, Mr. H.R. 894: Ms. EDDIE BERNICE JOHNSON of f PORTER, Mr. FEENEY, and Mr. MANZULLO. Texas. H.R. 583: Mr. OWENS, Mr. WICKER, Mr. H.R. 896: Mr. KILDEE, Mr. UDALL of Colo- SHIMKUS, Mr. FLAKE, Mr. PLATTS, Mr. rado, Mr. MATHESON, and Mr. RANGEL. DELETIONS OF SPONSORS FROM HERGER, Mr. SESSIONS, Mrs. MYRICK, Mr. H.R. 897: Ms. EDDIE BERNICE JOHNSON of PUBLIC BILLS AND RESOLUTIONS SHADEGG, Mr. GUTKNECHT, Mr. JENKINS, Mr. Texas, Mr. FROST, Mr. DEFAZIO, and Ms. Under clause 7 of rule XII, sponsors JONES of North Carolina, Mr. MANZULLO, Mr. WOOLSEY. were deleted form public bills and reso- CAMP, Mr. SIMPSON, Mr. DAVIS of Alabama, H.R. 919: Mr. BAIRD, Ms. GINNY BROWN- Ms. GINNY BROWN-WAITE of Florida, Mr. WAITE of Florida, and Mr. ISRAEL. lutions as follows: ROSS, Mr. LINCOLN DIAZ-BALART of Florida, H.R. 926: Mr. LINDER, Mr. HAYWORTH, and H.R. 684: Mrs. JONES of Ohio. and Mr. ROGERS of Alabama. Mr. GUTKNECHT. H.R. 936: Mr. SCOTT of Virginia.

VerDate Jan 31 2003 01:08 Mar 07, 2003 Jkt 019006 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.024 H06PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, THURSDAY, MARCH 6, 2003 No. 36 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, anyone who has had a desire to come called to order by the Honorable LISA PRESIDENT PRO TEMPORE, speak and has not had the opportunity, MURKOWSKI, a Senator from the State Washington, DC, Thursday, March 6, 2003. this would be the opportunity to do of Alaska. To the Senate: that until 10 today. Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby Mr. BENNETT. That is my under- PRAYER appoint the Honorable LISA MURKOWSKI, a standing. The Chaplain, Dr. Lloyd John Senator from the State of Alaska, to perform The ACTING PRESIDENT pro tem- Ogilvie, offered the following prayer: the duties of the Chair. pore. Is there objection? Almighty God, we confess that it is TED STEVENS, Without objection, it is so ordered. sometimes easier to pray about Your President pro tempore. f presence and power than it is to turn Ms. MURKOWSKI thereupon assumed RESERVATION OF LEADER TIME over the control of our lives and our the Chair as Acting President pro tem- pore. The ACTING PRESIDENT pro tem- work to You. We are here to serve You pore. Under the previous order, the by working together as we serve our f leadership time is reserved. Nation. But built right into our two- SCHEDULE party system is the potential for dis- f cord and the lack of civility. Some- Mr. BENNETT. Madam President, MORNING BUSINESS the Senate will be in a period for morn- times procedures can become more im- The PRESIDING OFFICER (Mr. ing business until 10 a.m., with the portant than progress and winning CRAPO). Under the previous order, the time equally divided between the two more crucial than finding ways of Senate will now be in a period for leaders or their designees. Following working together. morning business until the hour of 10. morning business, the Senate will re- Now at the beginning of this day, re- The Senator from Utah. turn to the Estrada nomination, with mind the Senators and all of us who f serve with them that this is Your Sen- the time equally divided between the ate, that we are accountable to You, chairman and ranking member of the WAR IN IRAQ and that we could not breathe a breath Judiciary Committee or their des- Mr. BENNETT. Madam President, without Your permission. In our mind’s ignees. At 10:30, the Senate will vote on seeing no one else here and being pre- eye we picture a day in which we can the motion to invoke cloture on this pared to yield as soon as someone put You and our Nation first. We hum- important nomination. If cloture is not comes with a desire to speak, I will ble ourselves lest we miss Your call to invoked on the nomination, the Senate take advantage of this opportunity to greatness. For You are our Lord and will resume consideration of the Mos- make a few comments with respect to Saviour. Amen. cow Treaty. Additional amendments the pending situation in Iraq. are expected to the resolution of ratifi- Since I returned from last weekend f cation. Therefore, Senators should an- in Utah, I have become increasingly ticipate votes throughout the day. The PLEDGE OF ALLEGIANCE aware of how anxious people are about Senate will complete action on the Iraq and the possibility of war in Iraq. The Honorable LISA MURKOWSKI led Moscow Treaty this week. This anxiousness comes from those the Pledge of Allegiance, as follows: ORDER OF PROCEDURE who are supporters of the President as I pledge allegiance to the Flag of the I ask unanimous consent that the well as those who are detractors of the United States of America, and to the Repub- time allocated for morning business be President. Some who have faith in the lic for which it stands, one nation under God, equally divided between the majority President’s judgment and in his in- indivisible, with liberty and justice for all. leader and the minority leader or their stincts say, we will back him but we f designees. are very concerned about the possi- The ACTING PRESIDENT pro tem- bility of going to war. Those who do APPOINTMENT OF ACTING pore. Is there objection? not have faith in the President’s polit- PRESIDENT PRO TEMPORE Mr. REID. Reserving the right to ob- ical judgment are almost beside them- The PRESIDING OFFICER. The ject. selves with anger and anxiety that he clerk will please read a communication The ACTING PRESIDENT pro tem- would go ahead in the face of what to the Senate from the President pro pore. The Senator from Nevada. they consider to be serious worldwide tempore (Mr. STEVENS). Mr. REID. We had a majority and mi- opposition to the war. The assistant legislative clerk read nority member coming over this morn- As I look out at the situation, as best the following letter: ing. They are not coming now, so for I can I have tried to explain to them

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

S3207

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VerDate Jan 31 2003 01:55 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.000 S06PT1 S3208 CONGRESSIONAL RECORD — SENATE March 6, 2003 what I see to help them understand Those who say, no, Iraq has never at- When we won the Second World War, that which the Washington Post edi- tacked us are being blind to the inter- we not only liberated those people who torial said last week; that is, the risks connections throughout the world of considered themselves under the yoke of not going to war in the present cir- the Middle East with respect to terror. of foreign domination—the Dutch, the cumstances are probably greater than They say, we do not have a smoking French, the Belgians, et cetera—we the risks of going to war. Those who gun to prove absolutely that al-Qaida, also liberated the Germans, who were are looking to the United States to ex- when they attacked the World Trade our enemies, and the Japanese, who ercise leadership in this part of the Center and the Pentagon, was receiving were our enemies. After the Second world—indeed, to free them from the aid from Iraq. Those who are waiting World War, those who had been our ad- tyranny of Saddam Hussein—are just for that kind of absolute certainty be- versaries had a greater degree of free- as desperate that perhaps we might fore they move ahead are not cognizant dom, a greater degree of prosperity, back down as are those who fear that of the intelligence information that is and a peace and calm in their cir- war will come. available not only to those who have cumstances they did not have under War is never an easy decision, and I attended classified briefings but, frank- their previous regimes. They did not assure all of my constituents that this ly, to the whole world based on the live under American domination or President is not given to war simply as presentations made by Secretary Pow- American legions left there as the Ro- something to do. That which we hear ell at the U.N. and in other cir- mans would do. They lived there in in the press about this possibility is cumstances. freedom and peace and were protected clearly wrong; that is, the suggestion There can be no doubt that America by American military might from that perhaps the President is going to has been attacked, has been attacked those who would have attacked that war in order to secure more oil for by those who have received sanctuary peace. America. I point out that if oil were in Iraq, and has been attacked by those It is that history in America that our motivation, war would be our last who will, if not stopped, come back at gives me confidence that President option. We could simply turn to Sad- us again and again and again. It is Bush will do the right thing in Iraq. If dam Hussein, remove the sanctions, their clear desire to drive the Ameri- war becomes necessary because of Sad- make accommodations with him, and cans out of the Middle East through dam Hussein’s continued refusal to dis- say, go ahead and produce all the oil military—if necessary, terrorist—tac- arm and his continued refusal to step you want and we will take advantage tics, to see to it that we leave. When down and turn his country to freedom, of that and the impact of that on the we leave, what will be the legacy of if war becomes necessary, the Amer- world oil market. that decision? If we back out of our ican tradition says the legacy we will Nor does it have anything to do, as military threat against Iraq, what will leave behind will be one that our chil- some have suggested in the press, with we leave behind? Will we leave sta- dren can be proud of and in which Iraqi the desire on the part of this President bility? Will we leave freedom? Will we children can rejoice. to somehow redeem the pledge that leave prosperity? No. If we back out of Let us not shrink from our responsi- was made by his father. All of this re- the region now, we will leave behind us bility to be the protectors of freedom writes history. George W. Bush—or continued warfare, continued death, and liberty throughout the world. And George Bush, the first, if I might use continued poverty, and continued tor- let us not shrink from our responsi- that term—was operating under a se- ture. That is not the American tradi- bility to protect America from those ries of resolutions from the United Na- tion, to turn our back on those cir- who would attack us if we do not move tions that did not authorize him to in- cumstances and walk away when there ahead. vade Iraq or go into Baghdad to remove is an opportunity to advance freedom, I yield the floor and suggest the ab- Saddam Hussein. The decision was liberty, prosperity, and peace. sence of a quorum. made, after examining the cir- I do not envy the President the chal- The PRESIDING OFFICER. Without cumstances on the battlefield, that the lenge of the decision he must make, objection, it is so ordered. mandate laid down by both the Con- but I recognize America has tradition- The legislative clerk proceeded to gress and the U.N. had been fulfilled ally, when aroused, stood on the side of call the roll. when the first George W. Bush had suc- moving ahead to protect liberty wher- Mr. DASCHLE. Mr. President, I ask ceeded in liberating Kuwait. ever we can. If we do go ahead with unanimous consent the order for the We can look back through the lens of military action in Iraq in the face of quorum call be rescinded. history and say that was a mistake in Saddam Hussein’s continuing refusal to The PRESIDING OFFICER. Without terms of what happened in the area, disarm, what, then, will be the legacy objection, it is so ordered. but by no means was it a circumstance we will leave behind when the entire where we could say that the present operation is finished? We can only look f President Bush feels a need to some- at other American circumstances to how revenge his father or atone for his try to find the parallel. When we ESTRADA NOMINATION father. At the time, the decision was moved into imperial Japan at the end Mr. DASCHLE. Mr. President, short- made on the basis of the legal situation of the second world war, defeated the ly we will have a vote on cloture on the and the best information available Japanese military, what did we find? A nomination of Miguel Estrada. Let me from the battlefield. In hindsight, we feudal system where women were not just say that I am saddened that we might say it was the wrong decision, only not allowed to vote but in many have to have this vote at all. Demo- but under no circumstances can we say cases were treated like property and crats are not interested in delaying the that the first President Bush should be chattel, where slavery existed through- debate, delaying the vote. What we are criticized for having made it. out the empire, where property rights interested in is the same standard set No, the reason we are going forward were not available to any except those for judicial nominees virtually all in Iraq has to do with much more of who had been born to them—a feudal through history. Nominees in the past the American spirit and the American society firmly mired in circumstances have come before the Judiciary Com- tradition. America is not an imperial of centuries before. mittee, they have answered their ques- power, in spite of the statements by What did we leave behind when we tions, they have provided the docu- some of the people in the European departed? A free nation that had wom- mentation, votes have been taken, and press. America does not seek Roman- en’s suffrage, where slavery was abol- judges overwhelmingly have been con- type domination over other nations. ished, where property rights were firmed. This is the exception, not the When America moves forward in war, it available to all, where the rule of law rule. is for one purpose only, and that is to existed in a democratic society. We While we were in the majority we advance the cause of freedom. Usually, saw the Japanese rise to a level of pros- confirmed 101 judicial nominees. I it is to advance the cause of freedom in perity thereafter that made them the haven’t checked, and I have no way of America; that is, to preserve our citi- second strongest economy in the world. knowing, but I suspect all 101 con- zens from attack. That is an aspect of That was the legacy we left behind firmed judges are conservatives. I don’t the current situation. when we achieved military victory. think they would have made it through

VerDate Jan 31 2003 01:55 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.003 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3209 the screening process of the Bush ad- issues confronting our country domes- today, from a number of Hispanic lead- ministration were they not conserv- tically, which are the economy, the ers from around the Nation, with the ative. loss of jobs, the stagnation, the uncer- final paragraph: We have voted on a large number—I tainty. We want more representation for our com- don’t have the number before me—of I was with a group this morning who munity in the courts, but not at such a high judges this year. Again, I would say, said investment is simply not in evi- price. We accept liberal and conservative without exception, those judges are dence in large measure because of un- thinkers among us, but Mr. Estrada is much conservative and, with rare exception, certainty, because people do not know more than a conservative, he is an ideologue. those judges were confirmed unani- what the future holds economically. We cannot support the confirmation of an ideologue to such an important position in mously. We ought to be moving forward on an our society. The cost is too high. We urge There are those who suggest that economic debate. We ought to be mov- you and the members of the Senate to oppose somehow because this is a conservative ing forward to address those 2.5 million Mr. Estrada’s confirmation. judge, Democrats are balking at con- Americans who have lost their jobs, There being no objection, the mate- firmation. I will oppose Mr. Estrada but we have not done so. Yet day after rial was ordered to be printed in the even if we have the opportunity at day, hour after hour, we continue to be RECORD, as follows: some point in the future because I am consumed by the one job at the expense [From the Chicago Tribune, Mar. 4, 2003] confident, based on his answers to of the millions. ARE ESTRADA’S OPPONENTS ANTI-LATINO? questions so far, and the limited infor- There are many reasons I wish condi- (By Eduardo M. Penalver) mation we do have available to us so tions would be different this morning. I No merit to argument that to oppose far, that he represents an extreme do hope Mr. Estrada will see fit to be Estrada’s nomination is to oppose interests point of view, not a moderate point of more cooperative. I have appreciated of Latinos. view. I believe those extreme positions the willingness on the part of the ad- The fight over the nomination of Miguel are ones that would cause concern, ministration to encourage Mr. Estrada Estrada to the influential Washington, D.C.- whether he were extreme liberal or ex- to meet with Members. But as many of based federal appeals court has lifted the veil treme conservative. us have noted, it is not his willingness on the riddle that lies at the heart of the But the issue in this immediate case to meet; it is his unwillingness to pro- Latino identity: What exactly does it mean is not philosophical temperament. This to be a ‘‘Latino’’? vide information that has brought us Republican politicians have struggled to issue is about intransigence. This issue to this point. Meeting alone is cos- paint Estrada’s opponents as anti-Latino. is whether or not Miguel Estrada or metic. Meeting alone is more of a pub- They have been joined by a handful of the anybody else ought to be held to the lic relations ploy than a meaningful Latino organizations supporting Estrada’s same standard for consideration of this way with which to ascertain the facts. nomination. And then there’s the national important position, the second highest We don’t need more public relations. TV ad, sponsored by Estrada supporters, that court in the land. He has been asked to We don’t need more efforts to meet if depicts a brown boy seeking work and con- fill out a job application and he refuses those meetings cannot be more produc- fronting a shop owner who apparently does to fill out the final pages of that appli- not want to hire a Latino. The ad not-so-sub- tive. tly suggests that Estrada’s opponents are cation. We are left to guess what his So I hope we can move on to issues of like the bigot in the store. qualifications are. We are left to guess great import to this country, whether I count myself among those who—for ideo- what his judicial temperament is. For it is foreign policy or the economy or logical reasons—firmly oppose Estrada’s many of my colleagues, that is insuffi- the many other domestic issues we nomination. But I am also Latino. And while cient. His attitude, his disposition, his face. We have attempted day after day the Republican moralizing is hard to swallow intransigence is why we are here today. to bring an economic stimulus bill to from the party that in the last decade has So it is not Democrats, it is Mr. the Senate floor. Perhaps with this given us such ‘‘Latino-friendly’’ faces as U.S. Rep. Tom Tancredo (R-Colo.) and former Estrada, it is the administration that vote the way can be cleared to allow California Gov. Pete Wilson, it still seems continues to be unwilling to provide that to happen. But whatever happens, worth asking whether there is some incon- the cooperation and the information I think it is important to put my col- sistency between being Latino and opposing that Members have used in the past to leagues on notice that the vote will not the first Latino to be nominated to the D.C. make their judgments. change regardless of how many votes federal circuit. There has been so much misinforma- may be cast. We feel strongly as a cau- To answer that question, we have to first tion regarding past precedent, but even cus, and we will continue to hold the decide what it means to be a Latino. This is if you sift through all of the misin- no easy task. Although we have learned to position as a caucus, that the informa- call ourselves Latino or Hispanic, those of us formation in the assertions relating to tion Mr. Estrada has so far failed to of Latin-American ancestry have often ques- other judges and their degree of com- provide is not in keeping with past tioned the propriety of being grouped under pliance with the law, I don’t know of precedent; it is not in keeping with a unitary label. anyone who has not acknowledged that constitutional expectations; it is not in After all, it is not immediately clear what Solicitor General documents have been keeping with our expectations with re- my Cuban-American family, which lived in shared with members of the Judiciary gard to the cooperation we would ex- relative privilege in Cuba and was embraced Committee and the Senate on past oc- pect from any nominee. by the United States as victims of com- casions. That is fact. Judge Bork, Ben- munist tyranny during the Cold War, shares I hope as we consider how we might with Mexican farmworkers in California’s jamin Civiletti, Judge Rehnquist— resolve this matter, Mr. Estrada will central valley or the El Salvadoran woman there are many who have provided the work with us, provide information we who cleans my office, both of whom likely very information we have requested. have asked, work with us to ensure come from extreme poverty and who have So it is regrettable we are at this that those unanswered questions can been greeted in this country with exploi- point. We have been debating this nom- be answered and that in the meantime tation and disdain. ination now for a month. I would like we can turn to the matters of interest, Still, I have always believed (or perhaps very much for us to turn to other im- of import, of concern to the American hoped) that being a Latino, like being an Af- portant matters. We may be going to rican-American, had some substantive, per- people. haps even political content. In discussing the war soon. The Senate ought to have an I yield the floor. Estrada nomination with other Latinos, par- opportunity to discuss the implications Mr. REID. Mr. President, I ask unan- ticularly those who support the Estrada of war, our thoughts about war. We imous consent before we go into execu- nomination, however, I have struggled to ar- have not had that discussion. Perhaps tive session to have printed in the ticulate what that content might be. now is the time to do so. RECORD two documents. One is an edi- Estrada has been criticized by some (both As I have said on the floor on several torial that appeared in the Chicago Latinos and non-Latinos) for being insuffi- occasions, the administration seems to Tribune, written by Eduardo M. ciently Latino because his family in Hon- be consumed with this one job but ig- duras was not poor. By that definition, how- Penalver, who was a Supreme Court ever, virtually none of the Cubans who ar- nores the fact that over 2.5 million clerk for Justice John Paul Stevens. rived in the United States in the first years Americans have lost their jobs. This I further ask unanimous consent to after the revolution would qualify as authen- Senate ought to be devoting its atten- have printed in the RECORD a letter tically Latino. Estrada has also been criti- tion and time to dealing with the real written to Majority Leader Frist, dated cized for being too conservative.

VerDate Jan 31 2003 04:08 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.005 S06PT1 S3210 CONGRESSIONAL RECORD — SENATE March 6, 2003 But the voting patterns of Latinos (and not Estrada to the D.C. Circuit of Appeals. We Luis Moreno, CSU Northridge, Northridge, of just Cuban-Americans) are far too mixed are all Latino/Hispanic/Chicano professors CA. to impose such a simplistic political litmus researching, writing, and teaching in col- Lisa Garcia Bedolla, Department of Polit- test on Latino authenticity. Moreover, as a leges and universities throughout the coun- ical Science, University of California, Irvine, devout member of the Federalist Society, try. We come from a world, not too dis- Irvine, CA. Estrada’s most conservative, and—in my similar from the other worlds in our society, Richard Griego, Professor Emeritus of opinion—troubling, views likely relate to his where not only are Latinos under rep- Mathematics, Director of Chicano Studies, understanding of the proper role of the na- resented in our rank of professors, but we are University of New Mexico, Albuquerque, NM. tional government in the federal system, an also under represented among the students Roberto Lovato, Founding Member of Cen- issue on which few Latinos who are not law- and worse yet among the Presidents and tral American Studies, CSU Northridge, yers have much of an ax to grind. Deans of our institutions. Nevertheless, we Northridge, CA. Despite the definitional difficulties, those believe in studying old ideas, developing and Loui Olivas, Assistant VP Academic Af- of us who call ourselves Latino at a min- exchanging new ideas, and training the next fairs, Arizona State University, Tempe, AZ. imum must share a commitment to the no- generation of thinkers to explore and im- Roxane Royalty, MA, Youth Development tion that being Latino has some significance. prove the world around them, however they Specialist, Lanier High School, San Antonio, That significance may be rooted in the fact choose to do so. TX. that, despite our obvious diversity, we are We have followed with extreme interest Ignacio Garcia, Brigham Young Univer- perceived by the Anglo majority to fall with- the Senate’s review and debate on the nomi- sity, Provo, Utah. in a single group and to possess a common nation of Mr. Estrada. For many in our Ernesto Virgil, Writer, Activist and Histo- set of stereotypical traits, and that, as a re- broader society, they may be confused as to rian, Denver, CO. sult of the way we are perceived, we share an whether Mr. Estrada should be supported or Maria Teresa Marquez, University of New experience of discrimination in this country. not; however, we are not. We stand united in Mexico, Albuquerque, NM. It is possible—though I do not think it to be our opposition to the confirmation of Mr. William de la Torre, Department of Edu- the case—that being Latino means little Estrada to the D.C. Circuit Court of Appeals. cational Leadership & Policy Studies, CSU more than that. But if it does not even mean We recognize and congratulate Mr. Estrada Northridge, Northridge, CA. that much (or that little), why would we on his professional accomplishments. So few Serigo Romero, Sociology, University of ever even use the term and why would we Hispanics have had the privileges that he has Oregon, Eugene, Oregon. waste our time forming organizations around had to serve as a Supreme Court clerk, to Jorge Mariscal, Department of literature, such a meaningless notion? serve in the Solicitor General’s Office of the University of California, San Diego, La I believe that this minimal shared belief Department of Justice or to reach the level Jolla, CA. provides a principled basis for opposing the of partner at a major law firm in this coun- Dolores Delgado-Campbell, History, Amer- Estrada nomination from a distinctively try. At the end of the day, however, the ques- ican River College, Sacramento, CA. Latino point of view. In addition, I believe tion we ask is whether Mr. Estrada would be Miguel Paredes, CSU Northridge, Los An- that this shared belief suggests that those a fair judge? We conclude that he would not geles, CA. Latino organizations that have endorsed the be. Ralph de Unamuno, UCLA, Los Angeles, Estrada nomination have betrayed the very He evaded questions from the Senate. That CA. ideals on which they were founded. does not give us confidence that he would be Amanda Espinosa-Aguilar, Washington From this minimalist Latino perspective, a fair and open-minded judge if he feels he State University, Pullman, WA. it is not decisive whether Estrada is rich or has to hide how he approaches the law. His Ruben Davalos, Assistant Professor, Public poor or liberal or conservative. What mat- past record, although limited, also provides Administration, Emeritus Graduate Center ters is that Estrada has never said or done some disturbing insight into how he would for Public Policy/Administration, CSU Long anything to indicate that he views himself as rule as a judge. We see that he would not be Beach, Long Beach, CA. belonging to, or having something to con- a supporter of affirmative action at the very Reynaldo Anaya Valencia, A.B., A.M., J.D., tribute to or gain from, this Latino (or His- colleges and universities where we teach Professor of Law, St. Mary’s University panic or Latin American) community we where Latinos are sorely under represented School of Law, San Antonio, TX. have chosen for ourselves. Indeed, by all ac- and under served. A major problem facing Robert Vazquez, CEO, LaRed Latina, The counts, he thinks racial and ethnic cat- Chicanos and other Hispanics is the issue of University of Nevada at Las Vegas, Las egories are irrelevant, even harmful. racial profiling; again, Mr. Estrada Vegas, Nevada. Miguel Estrada is not less Latino because downplays its existence. We question wheth- Angelo Falcon, Senior Policy Executive, he comes from a professional Honduran fam- er he has a commitment to protecting civil Puerto Rican Legal Defense and Education ily or because he is a hard-line conservative. rights of Latinos. Fund (PRLDEF), New York, NY. But he is certainly less worthy of Latino We want more representation from our Antoinette Sedillo Lopez, Associate Dean support because he is against the notion that community in the courts, but not at such a for Clinical Affairs, University of New Mex- a Latino identity is a concept with any high price. We accept liberal and conserv- ico, Albuquerque, NM. meaning or value. As a result, organizations ative thinkers among us, but Mr. Estrada is Carlos Munoz, Professor Emeritus, Univer- whose founding principles revolve around the much more than a conservative, he is an sity of California, Berkeley, CA. opposite belief have no business endorsing ideologue. We cannot support the confirma- Albert Camarillo, Professor of History, his nomination to a U.S. Court of Appeals. tion of the ideologue to such an important Stanford University. If Estrada did believe that his Latino iden- position in our society. The cost is too high. Gloria Valencia-Weber, Professor, Univer- tity had some significance, I would probably We urge you and the members of the Senate sity of New Mexico School of Law, Albu- still oppose him—perhaps because my ideo- to oppose Mr. Estrada’s confirmation. querque, NM. logical commitments are more important to Sincerely, Jorge Mariscal, Department of Literature, me than my desire to see a Latino on the Leonard Valverde, Professor, Educational University of California, San Diego, La D.C. circuit. But even under those cir- Leadership & Policy Study, Arizona State Jolla, CA. cumstances, given the typical conservative University, Tempe, AZ. Jose Roberto Juarez, Professor of Law, St. Dorinda Moreno, Napa Community Col- denial that race or ethnicity should ever Mary’s University School of Law, San Anto- lege, Ohlone Jr. College, SF State Univer- matter, his Republican supporters’ attempt nio, TX. to manipulate ethnic loyalties for the sake sity, Concord, CA. Ana Cecilia Zentella, Professor, Ethnic Duane Campbell, Bilingual/Multicultural of their ideological crusade would still seem Studies, University of California at San Education, CSU Sacramento, Sacramento, particularly cynical and offensive. Diego, La Jolla, CA. Nevertheless, the notion that his presence CA. Gary Urdiales, Youth Development Spe- Adolfo Bermeo, Associate Vice Provost For on the federal appeals court would be good cialist, Lanier High School. Student Diversity, UCLA, Los Angeles, CA. for Latinos would be entitled to more Ian Haney-Lopez, Professor of Law, U.C. Carmen Gonzalez, Professor, Seattle Uni- weight. Given Estrada’s apparent beliefs that Berkeley, Berkeley, CA. versity School of Law, Seattle, WA. Latino identity is irrelevant, however, there Jesus Nieto, Associate Professor, School of David Cruz, Professor of Law, USC Law is not the least bit of merit to the argument Teacher Education, San Diego State Univer- School, Los Angeles, CA. that to oppose Estrada’s nomination is to op- sity, San Diego, CA. Dr. Guadalupe San Miguel, History Depart- pose the interests of the Latino community. Jose Anazagasty-Rodriguez, Department of ment, University of Houston. To the contrary, those of us in the Latino Comparative American Cultures, Wash- Dionicio Valdes, Department of Chicano community who oppose Estrada’s nomina- ington State University, Pullman, WA. Studies, University of Minnesota, Min- tion are simply giving him what he has al- Lorenzo Cano, Associate Director, Center neapolis, Minnesota. ways asked for: to be treated as an indi- for Mexican, American Studies, University Enrique Buelna, Chicano Studies Depart- vidual and not as the member of a group. of Houston, Houston, TX. ment, CSU Northridge, Northridge, CA. Rquel Rubio-Goldsmith, LLM, Mexican Dr. Anna Sampaio, Ph.D., Assistant Pro- MARCH 5, 2003. American Studies and Research Center, Uni- fessor Dept. of Political Science, University Majority Leader BILL FRIST, versity of Arisona, Tucson, AZ. of Colorado, Denver, CO. U.S. Senate, Washington, DC. Julio Bernal, Assistant Professor of Ento- Dr. Victor Rodriguez, Ph.D., Associate DEAR MAJORITY LEADER FRIST: We write mology, Texas A&M Unbiversity, College Professor, Chicano & Latino Studies Dept., you today on the nomination of Miguel Stanton, TX. CSU Long Beach, Long Beach, CA.

VerDate Jan 31 2003 04:08 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.010 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3211 Dr. Ana Juarez Ph.D., Assistant Professor, Mr. LEAHY. Madam President, what of bigotry, to work with us to resolve STSU, San Marcos, TX. is the parliamentary situation? the impasse over this nomination by Dr. Antonia Castaneda, Ph.D., Associate The ACTING PRESIDENT pro tem- providing requested information and Professor of History, St. Mary’s University, pore. The pending question is the proceeding to a fair vote. San Antonio, TX. Dr. Estevan Flores, Ph.D., Executive Di- Estrada nomination. The Senator has I was disappointed that Mr. BENNETT, rector, University of Colorado, Denver, CO. 12 minutes under his control. the distinguished Senator from Utah, Dr. Jorge Huerta, Ph.D., Chancellor’s Asso- Mr. LEAHY. I thank the distin- in his honest colloquy with the distin- ciates Professor of Theatre, University of guished Presiding Officer. guished Senator from Nevada, Mr. California, San Diego, La Jolla, CA. Madam President, the Senate Judici- REID, and me on February 12, which Dr. Leticia Flores, Ph.D., Psychology De- ary Committee is meeting. I spoke to pointed to a solution, was never al- partment, Southwest Texas State Univer- our distinguished chairman, Senator lowed to go forward by hard-liners on sity, San Marcos, TX. the other side. I am disappointed all Dr. Gloria Contreras, Ph.D., Professor, HATCH, who is still there, and, by mu- Dept. of Teacher Education, University of tual agreement, I have come to the my efforts, and those of Senator North Texas, Denton, TX. Chamber to speak now, and then he DASCHLE and Senator REID, have been Dr. Jose Centeno, Ph.D., Dept. of Speech, will, of course, have his time preserved. rejected by the White House. The letter Communication Sciences, & Theatre, St. Before I start, I thank both the that Senator DASCHLE sent to the John’s University, Jamaica, NY. Democratic leader and the assistant President on February 11 pointed the Dr. Ayse Yonder, Ph.D., Associate Pro- leader, Senator REID, for their efforts way to resolving this matter. The re- fessor and Chair Pratt Institute, Graduate to safeguard our Constitution and to sponses we got showed me that they Center For Planning and the Environment, would rather engage in politics at the Brooklyn, NY. protect the special role of the Senate Dr. Roberto Calderon, Ph.D., Department in ensuring that our Federal courts White House. of History, University of North Texas, Den- have judges who will fairly interpret The Republican majority is wedded ton, TX. the Constitution and laws passed by to partisan talking points that are Dr. Vivian Tseng, Ph.D., Department of Congress. We pass these statutes for light on facts but heavy on rhetoric. Psychology, CSU Northridge, Northridge, There has often been an absence of fair the sake of all Americans, not just for CA. and substantive debate and a preva- Republicans, not just for Democrats— Dr. Mario Gonzales, Ph.D., Assistant Pro- lence of name calling that has offended all Americans. I also thank all the fessor of Anthropology, Southwestern Uni- many. At the outset of this debate, I versity, Georgetown, TX. Democratic Senators who have spoken called for an apology for remarks call- Dr. Ray Leal, Ph.D., Department of Crimi- on the floor or who have joined to- ing Democrats ‘‘anti-Hispanic’’ and I nal Justice, St. Mary’s University, San An- gether to preserve the integrity of the urged debate on the merits. Unfortu- tonio, TX. confirmation process. Dr. Rebecca Blum-Martinez, Ph.D., College nately, the Republican name calling What is at stake in this nomination of Education, University of New Mexico, Al- continued, and those attacks were ex- is a lifetime appointment to the second buquerque, NM. tended to include members of the Con- highest court in the country. Most of Dr. Domenico Maceri, Ph.D., Professor of gressional Hispanic Caucus, some of Spanish, Allan Hancock College, Santa the decisions issued by the DC Circuit the highest and most respected His- Maria, CA. in the nearly 1,400 appeals filed per panic elected officials in the Nation, year are final because the Supreme f and other Hispanic organizations and Court now takes fewer than 100 cases CONCLUSION OF MORNING leaders that oppose this nomination. BUSINESS from all over the country. Our DC Cir- That is extremely disappointing. cuit has special jurisdiction over cases Our sincere concerns have been dis- The ACTING PRESIDENT pro tem- involving the rights of working Ameri- pore. Morning business is now closed. torted and then dismissed. So in these cans, as well as the laws and regula- closing moments before the cloture f tions intended to protect our environ- vote, let me puncture some of the Re- EXECUTIVE SESSION ment, safe workplaces, and other im- publican myths about this nomination portant Federal regulatory responsibil- and this process. ities. This is a court where privacy First, Republicans rely on a letter NOMINATION OF MIGUEL A. rights will either be retained or lost, from former Solicitors General stating ESTRADA, OF VIRGINIA, TO BE and where thousands of individuals will a policy preference that did not ac- UNITED STATES CIRCUIT JUDGE have their final appeal in matters that knowledge past precedent. Republicans FOR THE DISTRICT OF COLUM- affect their financial future, their claimed, in fact, that our request for BIA CIRCUIT health, their lives, and their liberty, as memos written by this judicial nomi- The ACTING PRESIDENT pro tem- well as the lives of their children and nee was unprecedented. That is false. pore. Under the previous order, the generations to come. And, during the course of this debate, Senate will now go into executive ses- If a nominee’s record or responses even the administration had to concede sion and resume consideration of Exec- raises doubts or concerns, these are their claim was false. utive Calendar No. 21, which the clerk matters for thorough scrutiny by the The smoking gun was a letter from will report. Senate, which is entrusted to review the Reagan Department of Justice ask- The legislative clerk read the nomi- all of the information and materials ing the Judiciary Committee to return nation of Miguel A. Estrada, of Vir- relevant to a nominee’s fairness and similar memos written to the Solicitor ginia, to be United States Circuit experience. No one should be rewarded General by lower level attorneys that Judge for the District of Columbia Cir- for stonewalling the Senate and the had been provided ‘‘to respond fully to cuit. American people. Our freedoms are the the Committee’s request and to expe- Mr. REID. Madam President, I sug- fruit of too much sacrifice to fail to as- dite the confirmation process.’’ This gest the absence of a quorum and ask sure ourselves that the judges we con- was done in another nomination but re- unanimous consent that the time be firm will be fair judges to all people fused in this one. In fact, buried in the charged equally among the two sides. and in all matters. No one should have current administration’s rejection of The ACTING PRESIDENT pro tem- a lifetime appointment as a gift be- Senator DASCHLE’s good-faith effort to pore. Without objection, it is so or- cause they stonewalled the Senate. resolve this impasse was the belated dered. It is unfortunate that the White concession that other administrations The clerk will call the roll. House and some Republicans have in- had produced Solicitor General Office The legislative clerk proceeded to sisted on this confrontation rather work papers and other legal memos in call the roll. than working with us to provide the other nominations. Mr. LEAHY. Madam President, I ask needed information so we could pro- But notwithstanding having admit- unanimous consent that the order for ceed to an up-or-down vote. ted that, they misstated that prece- the quorum call be rescinded. Some on the Republican side are hav- dent. They continued to misstate the The ACTING PRESIDENT pro tem- ing too much fun playing politics, precedent, claiming incorrectly that pore. Without objection, it is so or- seeking to pack our courts with disclosures were predicated on allega- dered. ideologues or leveling baseless charges tions of misconduct by those past

VerDate Jan 31 2003 01:55 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.013 S06PT1 S3212 CONGRESSIONAL RECORD — SENATE March 6, 2003 nominees. But past letters and records a Supreme Court decision from the Chairman Hatch noted that such a mo- prove that the Senate requested, and past 200 years that may trouble him or tion was unprecedented following a clo- the Reagan administration provided, her, but Mr. Estrada refused to answer ture vote to end what he then acknowl- internal documents such as Justice De- even this question, among many, many edged was a ‘‘filibuster’’ of Judge partment legal memos to and from Wil- others. Paez’s nomination. Despite his con- liam Rehnquist relating to civil rights This points to a second myth: That cerns, 31 Republicans—many of whom and civil liberties, appeal recommenda- Mr. Estrada cannot answer questions have been on this floor demanding an tions by other attorneys to Robert about his views without violating judi- immediate up or down vote on Mr. Bork in civil rights cases as well as cial ethics. However, as Justice Estrada’s nomination and claiming other internal legal or policy memos Scalia—one of President Bush’s favor- that delaying a vote is unconstitu- he wrote, and a wide range of civil ite Supreme Court Justices—wrote for tional—voted to postpone, in essence, rights memos in Brad Reynold’s nomi- a majority of the court just last sum- forever a vote on Judge Paez’s circuit nation for a short-term appointment at mer, ‘‘Even if it were possible to select court nomination. I think this recent the Justice Department. These were re- judges who do not have preconceived example punctures the Republican quested due to the Senators’ interest in views on legal issues, it would hardly myths about floor votes and filibusters. examining those writings and better be desirable to do so. ‘Proof that a Jus- Fourth, Republicans claim that the understanding the nominees’ views and tice’s mind at the time he joined the debate on this nomination has held up approach to interpreting the laws as Court was complete tabula rasa in the other business of the Senate, blaming executive branch employees. The Sen- area of constitutional adjudication Democrats. That is false. The truth is ate’s interest in examining those docu- would be evidence of lack of qualifica- that Republicans objected to turning ments was not predicated on allega- tion, not lack of bias.’ ’’ Republican to the economic stimulus package and tions of misconduct, and that interest Party of Minnesota v. White, 122 S. Ct. funding for first responders when Sen- was not diminished in any way by the 2528 (2002). This quote is from the ma- ator DASCHLE sought that action last opportunity to review other writings. jority opinion in a case about whether week. Instead, Republicans have been Justice Rehnquist had written judicial judicial candidates could share their focused on ensuring a lifetime job for opinions and dissents for 15 years, and views. This is a case that the Repub- one man rather than addressing the Judge Bork had served for 6 years on lican Party took all the way to the Su- need to stimulate the creation of good the bench. preme Court and won. Prior to this de- jobs for many Americans. During the The real double standard here is that cision there may have been some ambi- course of this debate, Democrats have the President selected Mr. Estrada guity for judicial candidates about willingly proceeded to confirming a based in large part on his work for 41⁄2 whether they could share their views, number of other judicial nominees of years in the Solicitor General’s Office, but this decision last year by Justice this President—including a Hispanic as well as for his ideological views. But Scalia makes clear that judicial ethics nominee to the district court in Cali- then, having been picked because of his do not prevent sharing of views. fornia—passing the omnibus appropria- ideological views, the administration Third, Republicans have claimed that tions bill, passing short-term con- said the Senate may not find out what this debate on a judicial nomination tinuing resolutions to fund the govern- those views are. The administration was unprecedented. That is false as ment, passing the Hatch-Leahy PRO- also sought to deny access to the type well. Republicans not only filibustered TECT Act against child pornography, of legal memos that had been provided the Supreme Court nomination of Abe and now debating the Moscow treaty. in the past. The administration said Fortas, they filibustered the nomina- The reason the Senate has not done the Senate could not examine Mr. tions of Judge Stephen Breyer, Judge more is because Republicans have not Estrada’s written work from that office Rosemary Barkett, Judge H. Lee asked the Senate to turn to such mat- making recommendations of what the Sarokin, Judge Richard Paez and ters as Senator BIDEN’s bill to grant law is or should be, even though these Judge Marsha Berson, among others. asylum to Iraqi scientists and other papers would shed the most light on his The truth is that filibusters and clo- bills. unvarnished views. They asserted that ture votes on nominations and legisla- Fifth, Republicans have tried to cre- the Senate should not consider the tive matters and extended debate on ate the impression that those who op- very ideology it took into account in judicial nominations, including circuit pose this nomination are anti-Hispanic. selecting a 39-year-old, with no aca- court nominations, have become more That is false and they know it. The demic writings as a lawyer or judicial and more common through Republican members of the Congressional Hispanic opinions that would provide insights actions. Of course, when they are in Caucus are not anti-Hispanic, nor are into his views, for a lifetime seat on the majority, Republicans have more the Mexican American Legal Defense the country’s second highest court. successfully defeated judicial nominees and Education Fund, the Puerto Rican This is a nominee well known for by refusing to proceed on them and Legal Defense and Education Fund, the having very passionate views about ju- then not publicly explaining their ac- Latino labor leaders, the Southwest dicial decisions and legal policy, well tions, and by allowing holds by one or Voter Registration and Education known for being outspoken, but he has a handful of Republicans to determine Project, the California Chapter of the refused to share his views with the a nominee’s fate, preferring to act in League of United Latin American Citi- very people charged with evaluating secret under the cloak of anonymity. zens (LULAC), the 75 Latino professors, his nomination. There seems to be a The nomination of Judge Paez, a the 15 former presidents of the His- perversion of values to require the Sen- Mexican American nominated to the panic National Bar Association, the ate to stumble in the dark about his Ninth Circuit, illustrates quite clearly AFL-CIO, the Sierra Club, Dolores views, when he shares his views quite that the last filibuster of a circuit Huerta—the cofounder of the United freely with others—certainly with in- court nominee occurred on the Repub- Farm Workers of America—Mario siders and people in the administra- lican watch during the last administra- Obledo, Professor Paul Bender or the tion, and he has been selected for the tion. Judge Paez was first nominated hundreds of other Americans who privilege of this high office and for a in 1996 and Republicans refused to called or written in opposition to this lifetime position based on those same allow him an up or down vote on the nomination. views that they want to keep hidden floor of the Senate until he was finally Democratic Senators are not anti- from the Senate. We are not asking confirmed in 2000, after his nomination Hispanic. This charge is as baseless him to pledge how he would rule but we had been pending for more than 1,500 now as it was when my religion, and cannot let a new bar be set that one days. In fact, his nomination had wait- the religion of other Democratic mem- cannot share views with the Senate ed on the floor for an up or down vote bers on the Senate Judiciary Com- without reading briefs, listening to for more than 20 months, 20 times mittee, was attacked by some of the oral arguments, conferring with col- longer than Mr. Estrada’s nomination. Republican leadership. We ought to un- leagues and doing independent re- After Republicans lost a cloture vote derstand that people do not have these search. I think any concerned citizen on March 8, 2000, they moved ‘‘to in- biases, baseless biases, that are being or first year law student could mention definitely postpone’’ his nomination. ascribed by some in their zeal to win at

VerDate Jan 31 2003 01:55 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.010 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3213 any cost, just as we should not be at- SCHUMER be allowed to speak until out 9 hours of hearings, which I tacking each other’s religion. Demo- someone shows up for the Republican chaired, and because the only other cratic Senators have pressed for the side. place we can find what his views are is confirmation of many Hispanics over The ACTING PRESIDENT pro tem- in his work papers at the Solicitor the past ten years, including the con- pore. Without objection, it is so or- General’s Office, which are being with- firmation of Judge Paez, Judge Sonia dered. held even though there is no privilege. Sotomayor, Judge Julio Fuentes, The Senator from New York. And those papers have not been with- Judge Kim Wardlaw, and Judge Jose Mr. SCHUMER. Madam President, let held by any other nominees who have Cabranes, just to name a few of the me add my accolades to our colleague sought to be justices and garner other other Hispanics appointed to the cir- and leader of the Judiciary Committee, positions in the Government. cuit courts by Democratic or Repub- Senator LEAHY, who has done a terrific Unless we wish to make the Senate lican presidents, in addition to Judge job. I thank Senator LEAHY as well as simply a detective agency to find some Hilda Tagle, Judge James Otero, and Senator DASCHLE and Senator REID for useful indiscretion and eliminate a Judge Jose Linares, just to name a few the remarkable unity in the Demo- nomination or oppose a nomination, of the Hispanic district court nominees cratic caucus when, frankly, some of us for that reason, then we should oppose over these years. In fact, Democratic felt we had to do something here and Mr. Estrada. Senators also pressed for Senate con- didn’t really think it would come to I say to my colleagues that the posi- firmation of Enrique Moreno, Jose fruition. tion of being on the Court of Appeals in Rangel, and Christine Arguello, who Let me say the vote today boils down the DC Circuit is one of the most im- had been nominated to the circuit to one issue more than any other: portant positions in the Government. courts, and for many other outstanding Should the Senate have any role in the Many might argue that those judges judicial candidates on which the Re- selection of judges to the Federal have more power than individual Sen- publican Senate majority refused to bench? It is that simple. It boils down ators. Can you imagine if we ran for re- proceed when they were nominated or to the simple fact that there has been election and we said we refused to an- renominated by President Clinton. an attempt here to obliterate the ad- swer questions about our views? Can Baseless Republican charges of bias vise and consent process which the you imagine how the public would prompted LULAC, an organization that Founding Fathers regarded as one of react? They would say, whatever your initially endorsed the Estrada nomina- the most important in the Constitu- views are, you have an obligation to tion, to disassociate itself from Repub- tion. tell us if you want to achieve a high of- lican statements. This is not an argument about one fice. I urge the White House and Senate man. This is not an argument about If you read the papers of the Found- Republicans to end the political war- any particular issue. This is not even ing Fathers, the advise and consent fare and join with us in good faith to an argument about something I believe process was the very way that views of make sure the information that is strongly, whether somebody’s views nominees were to be ascertained. In needed to review this nomination is should be taken into account before fact, as Senator KENNEDY elucidated in provided so that the Senate may con- that person is appointed as a Federal the Chamber the other day, for a long clude its consideration of this nomina- judge. time the Constitutional Convention tion. I urge the White House, as I have What has happened in the last sev- wanted the Senate to choose the judges for more than two years, to work with eral months has made a mockery of the but believed that the ability to choose us and, quoting from the column pub- advise and consent process. would be too disparate, and instead lished yesterday by Thomas Mann of Mr. REID. Will the Senator yield for they came to the decision that the the Brookings Institute, submit ‘‘a a question? President should choose them. more balanced ticket of judicial nomi- Mr. SCHUMER. I am happy to yield. But nowhere is it believed that the nee and engag[e] in genuine negotia- Mr. REID. Would the Senator agree Senate should be a rubberstamp. No- tions and compromise with both par- with the statement made by 75 His- where is it believed that the Senate ties in Congress.’’ The President prom- panic leaders around the country in a should simply be a detective agency to ised to be a uniter not a divider, but he letter stating as follows: find out if someone did something has continued to send us judicial nomi- We want more representation from our wrong. Our job is to figure out what nations that divide our nation and, in community in the courts, but not at such a kind of judge Mr. Estrada would be. We high price. We accept liberal and conserv- know he is a very bright man. That has this case, he has even managed to di- ative thinkers among us, but Mr. Estrada is vide Hispanics across the country, un- much more than a conservative, he is an never been disputed. We know he has a like any of the prior judicial nominees ideologue. We cannot support the confirma- story of advancement. That has not of both Democratic and Republican tion of an ideologue to such an important po- disputed. But far more important than Presidents. sition in our society. The cost is too high. either of those things, do we know Madam President, I do not see others We urge you and the members of the Senate what his views are on the first amend- seeking the floor except for Senator to oppose Mr. Estrada’s confirmation. ment or the commerce clause? Do we SCHUMER. I ask unanimous consent Does the Senator from New York know how he would approach cases that he be allowed 3 minutes. agree with that sentence? that affect the environment, or work- Mr. REID. Madam President, reserv- Mr. SCHUMER. I thank my colleague ers’ rights to organize, where the Dis- ing the right to object, I want to say on for asking the question. My view is yes. trict of Columbia Circuit Court of Ap- behalf of all the Senators on this side I don’t want ideologues on the court, peals is paramount? We don’t want him of the aisle how much we support the whether they be far right or far left. to tell us how he would rule on a spe- ranking member of the Judiciary Com- What ideologues tend to do is make law cific case, but the American people are mittee, what a difficult job he has had, and not interpret the law. The bottom certainly entitled to the views of this and what a tremendous job he has line is there are many people who know man in terms of how he would be a done. Senator LEAHY has set an exam- Mr. Estrada who say he is a main- judge. ple for how a Senator should act. He stream conservative and he is not an Some on the other side say it is sim- has been a statesman through this and ideologue who will try to bend the law ply good enough for any nominee to other battles. Speaking on behalf of to the direction of his beliefs; there are say, I will follow the law. If that were Senator DASCHLE and for me, I am sure many others who say he is an ideologue the case, we wouldn’t be here; we every Democratic Senator, we can’t who will bend the law to the direction wouldn’t need the advise and consent say enough that is good. I will let the of his beliefs. process; the debate in Constitution RECORD rest on the fact that we are to- Going back to my first point, we Hall about how to choose judges would tally supportive of what you have done have no way of ascertaining that one have been totally overruled. and how you have handled this, and we way or the other because Mr. Estrada This is a historic moment in a very are proud of what you have done. has refused to answer in any kind of real sense. It is a moment when we are If there is no one here, I certainly elucidating and forthright way ques- going to see if a third branch of Gov- ask unanimous consent that Senator tions that were asked of him through- ernment—the one unelected branch of

VerDate Jan 31 2003 01:55 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.012 S06PT1 S3214 CONGRESSIONAL RECORD — SENATE March 6, 2003 Government, which has awesome At the Justice Department, he wrote memos Straight Answers Would End Estrada Con- power—is going to be responsible to the and opinions for the U.S. solicitor general. firmation Delay, (Daytona Beach News- people. To simply have Presidents he is a member of the arch-conservative Fed- Journal Editorial, Mar. 5, 2003) (‘‘This fight isn’t over his ethnicity. It’s choose judges is not what this country eralist Society and reportedly mirrors Su- preme Court Justice Antonin Scalia’s hard- not about his resume. It’s about Bush’s hard- needs nor what the Founding Fathers right views.’’) nosed political machinations, which thrust a intended, yet we are getting to that Weighing Miguel Estrada, (Staten Island nominee with no judicial record but a bad point right now. (NY) Advance, 2/25/2003) case of lockjaw at Senate Democrats on the I urge my colleagues. I want to join gamble that other right-wing judicial ap- ‘‘(Presidents have long sought to extend pointees could be sneaked through the con- my plea with Senator LEAHY’s. We their party’s political influence by packing firmation process during the distraction. The have tried on this side. I have tried to the courts, to the extent possible, with ideo- strategy worked at first but has since back- understand. The Presidents are going logical soul mates. A good Senate grilling fired.’’) to get their way almost all of the time. and some foot-dragging are about the only I have voted for 100 of the 106 judges tools available to lessen the chance that Evasive Estrada: Democrats Are Right To who came before us. I daresay their those ideologues most capable of mischief Balk at bush’s Uncooperative Choice for don’t make it through the process to become a Key Appellate Judgeship, (Newsday philosophical views about government Editorial, 2/13/03) and all of these issues are quite dif- permanently ensconced on the bench. Mr. Estrada wouldn’t be up for nomination at all (‘‘With so little to go on, Democrats in the ferent from mine. But as long as they if the Republicans hadn’t seen to it that two Senate are right to balk at rubber-stamping are not out of the mainstream, as long of President Clinton’s nominees were re- Estrada’s nomination.’’) as they won’t approach being judges jected. . . . [H]e should not be allowed to as- The Argument About Estrada, (Dallas Fort from an ideological point of view where cend to the federal bench until we know who Worth Star Telegram, 2/13/2003) they are making law rather than inter- and what he is. All he needs to do is speak up (‘‘President Bush has prolonged the ani- preting law, they deserve to be on the and put himself on the record.’’) mosity. His nominees for appellate court posts have included legal theorists and lower bench, if they have the other qualifica- Arkansas Times Editorial, (Arkansas Times, court judges whose positions have raised le- 2/21/2003) tions. We have no way of knowing right gitimate concerns aside from the political now. The American people have no way (‘‘Like Thomas, Miguel Estrada is a mem- squabbling. Sen. Orin Hatch of Utah, now the of knowing what kind of judge Mr. ber of a minority group who would not have Judiciary Committee chairman, promised to Estrada will be in terms of his views. been nominated if he were not also an ex- improve the process when Republicans took For that reason, reluctantly, but tremist. He arrogantly refused to discuss his control of the Senate. His ‘‘improvement’’ firm in the conviction that we are views with the Senate Judiciary Committee, was to schedule three appellate court nomi- and the administration blocked the release nees for a single condensed hearing even right, we must oppose the nomination of records pertaining to his government of Miguel Estrada, or at least oppose though he knew that Democrats wanted to work that could shed light on his biases.’’) question all of them at length.’’) his moving forward until we get the Judicial Power Trip, (The Oregonian, 3/3/2003) kind of information that is necessary Judicial Alarm: Without More Answers, (‘‘Democrats mustn’t cave on this. The Nominee Deserves Filibuster, (Detroit to determine what kind of judge he will fairness and credibility of the nation’s courts Free Press Editorial, 2/11/03) be that is necessary in terms of the depend on senators’ finding a reasonable (‘‘Judges require evidence before they precepts of what the Founding Fathers compromise. Moderates within the presi- render verdicts. Senate Democrats are equal- outlined for this country. dent’s party should also reconsider their ly entitled to more evidence of Estrada’s fit- I yield the floor. lockstep loyalty.’’) ness before giving him the green light for the Mr. LEAHY. Mr. President, some Re- Partisanship Is A Democratic Duty, (Min- second highest court in the land—and posi- publicans have stated that only two or nesota Daily Editorial 2/18/03) tioning him for the U.S. Supreme Court.’’) a handful of editorials or op-eds sup- (‘‘Estrada’s filibuster is not merely an ex- Streamrolling Judicial Nominees, (The New port Democrats in their concerns about pression of partisan politics, it is a crucial York Times Editorial, 2/6/03) Mr. Miguel Estrada’s nomination to link to maintaining the viability of the Con- (‘‘[T]he federal courts are too important stitution.’’) for the Senate to give short shrift to its con- the second highest court in the coun- stitutional role of advice and consent. . . . try. I would like to set the record Rush To Judges, (Boston Globe Editorial, 2/ 15/03) [T]he administration should [not] be allowed straight by listing the 55 editorials and (‘‘It’s crucial to evaluate candidates based to act without scrutiny, and pack the courts op-eds to date that express concerns on their merits and the needs of the country. with new judges who hold views that are out about this nomination. Given that the electorate was divided in 2000, of whack with those of the vast majority of Here is a list of the 22 editorials pub- it’s clear that the country is a politically Americans.’’) lished to date expressing concerns centrist place that should have mainstream More Judicial Games From GOP, (Berkshire about the Estrada nomination for a judges, especially since many of these nomi- Eagle Editorial, 2/1/03) lifetime appointment to the D.C. Cir- nees could affect the next several decades of (‘‘Senate Democrats . . . should not be legal life in the United States.’’) bullied into approving unqualified nominees cuit: and they shouldn’t hesitate to filibuster poor Keep Talking About Miguel Estrada, (New Straight Answers Would End Estrada Con- nominations if necessary.’’) firmation Delay, (Daytona Beach News- York Times editorial, 2/13/03) (‘‘The Bush administration has shown no An Unacceptable Nominee, (New York Times Journal, 4/5/2003) Editorial, 1/29/03) (‘‘As conservatives scream foul, they interest in working with Senate Democrats to select nominees who could be approved by (‘‘Senators have a constitutional duty to should remember that the vacancy Estrada weigh the qualifications of nominees for the would fill exists because Republicans consensus, and has dug in its heels on its most controversial choices. . . . Mr. Estrada federal judiciary. But they cannot perform blocked two of President Clinton’s nominees. this duty when the White House sends them Neither was a liberal ideologue. . . . embodies the White House’s scorn for the Senate’s role’’) candidates whose record is a black hole. . . . [Estrada] has no judicial experience. His The very absence of a paper trail on matters views are unpublished since law school. He Editorial: Battling over Federal Courts, like abortion and civil liberties may be one has little experience in administrative law, (Milwaukee Journal Sentinel, 2/27/2003) reason the administration chose him. It is none in environmental law, although those (‘‘Bush is filling vacancies left open by the also a compelling—indeed necessary—reason areas make up the bulk of the D.C. Court’s Republicans’ refusal to act on Clinton’s to reject him.’’) docket.’’) nominees.’’) Bush’s Full-Court Press, (L.A. Times Edi- Partisan Warfare, (Rutland Daily Herald, 2/ Answers, Please: Nominee Estrada Refuses torial, 1/13/03) 24/2003) to Disclose Judicial Views, Philosophies (‘‘The Republican Party has long tried to (‘‘It is [the Senators’] duty to advise and to the Senate, (Omaha World-Herald Edi- have it both ways on Race: ardently courting consent on judicial, nominees, and Estrada torial, 2/13/03) minority votes while winking at party stal- has given them no basis for deciding whether (‘‘Most judicial candidates won’t, and warts who consistently fight policies to es- to consent. . . . [F]or the Senate to merely shouldn’t, give their personal views on a tablish fairness and opportunity for minori- rubber stamp the nominees sent their way by broad-brush basis. . . . But Estrada . . . went ties. [M]any [of Bush’s nominees], including the White House would be for the Senate to beyond that—refusing to discuss well-known Texas Supreme Court Justice Priscilla Owen, surrender its constitutional role as a check prior cases because, he said, he had no first- lawyers Miguel Estrada and Jay S. Bybee on the excesses of the executive.’’) hand knowledge. Judicial philosophy is im- . . . share a disdain for workers’ rights, civil Stealth Nominees Should Be Held Back, (The portant as senators consider an appointment liberties guarantees and abortion rights. Post-standard (Syracuse), 1/30/2003) to the court that has been called the second Their confirmations would be no less a dis- (‘‘Estrada helped George W. Bush win the most important in the land after the Su- service to the American people than that of presidency after the disputed vote in Florida. preme Court.’’) Pickering. . . . ’’)

VerDate Jan 31 2003 01:55 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.014 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3215 A Fair Hearing (St. Petersburg Times, 9/30/ ‘‘‘Republican politicians have struggled to who cares about public health and the envi- 2002) paint Estrada’s opponents as anti-Latino. ronment.’’). (‘‘At the age of 41 [Estrada] has limited . . . [T]here is not the least bit of merit to Circuit Breaker: If You’re Worried About work experience and has not been a judge be- the argument that to oppose Estrada’s nomi- Conservative Control of the Federal Ju- fore, yet he is up for one of the most impor- nation is to oppose the interests of the diciary Keep Your Eyes on the District of tant seats on the federal bench. His views on Latino community.’’) Columbia, By Chris Mooney, (The Amer- appeal, certiorari and friend of the court rec- Time for a Bigger Audience: Bench Nominees ican Prospect, 3/1/2003) ommendations would provide insight into Who Tell the White House Their Views (‘‘[G]iven the importance of the D.C. Cir- the way he interprets the law and the rigor Should Tell the Senate, Too, By Alan B. cuit, those appointed to the court should, at of his legal analysis.’’) Morrison, (Legal Times, 3/3/2003) the very least, receive more attention than Picking Judges; Democrats Must Brace to (‘‘[N]ominees should be obliged to tell the judges named to other federal appellate Resist Bush and GOP’s Ideological Cru- Senate whatever they have already told the courts.’’) sade, (Post-Standard Editorial (Syracuse, White House and Department of Justice dur- A Defense of the Estrada Filibuster: A Judi- NY), 11/20/02) ing the vetting process. That’s only fair. And cial Nominee That the Senate Cannot (‘‘. . . An upcoming test will focus on it’s also legal, as a very recent Supreme Judge, By Kevan R. Johnson, nominee Miguel Estrada, a bright, relatively Court case indicates.’’). (Findlaw.com, 2/27/2003) young lawyer who worked on Bush’s success- Justice Should Be Blind, Not A Mystery, By (‘‘In the face of this stonewalling, a fili- ful Supreme Court case in the 2000 election. Nick Huggler, (The Daily Barameter, 3/2/ buster is entirely appropriate. Indeed, it’s He is rumored to be in line for the next va- 03) fitting. Using a procedural tool against a cancy on the U.S. Supreme Court. While (‘‘[T]he Democratic filibuster is not only nominee who thwarts minimal confirmation Estrada has no record as a judge, he has a justified, but crucial, to ensure that Miguel procedures, is only right. If Estrada wants long resume as an ideologically drive, par- Estrada is the man he says he is and is not the Democrats to stop talking, he should tisan conservative. . .’’) just a wild card shuffled into the deck. . . . offer to start. As a nominee, that’s what’s re- The Courts’ Wrong Turn, (Daytona Beach It’s all about trying to stack the federal ju- quired of him.’’) News-Journal Editorial, Nov. 12, 2002) diciary with hard right-wingers and picking Informed Consent of Judgeships, By Jon S. (‘‘The last thing Democrats should do is a Latino because Bush thought it would be Corzine, (The Star-ledger (Newark) 2/26/ whimper off and let the slim majority have more palatable to senators and groups con- 03) its way. Forty-seven senators out of 100 is a cerned about who this guy might be and (‘‘This is about the White House asking the minority by definition only. It is in fact a what he might do as a judge.’’) Senate to toss aside its constitutional duty solid block that Democrats can use—if they to take the measure of a judicial nominee Estrada Tactics Show Bush Arrogance, By live up to their mandate as an opposition and make an informed decision about the Marianne Means, (Arizona Daily Star, 3/ party—to slow down the rightward drift of knowledge and character of a person asked 1/03) the U.S. Supreme Court and the federal judi- to sit on the nation’s second-most important (‘‘The court to which Estrada has been ciary as a whole.’’) court.’’) nominated is one of the most influential in Here is a list of the 33 op-eds to date the country and is seen as a stepping stone Close Look at Estrada Reveals an Ideologue, expressing concerns about Estrada’s to the high court. There is no special case to By Teresa Leger de Fernandez, (Albu- nomination for a lifetime appointment be made for Estrada beyond the president’s querque Journal, 2/26/02) to the second highest court in the insistence that the Senate approved anybody (‘‘[W]here Estrada’s views are known, he country: he wants. Estrada is smart, but so are hun- has proven himself to be an idologue who has dreds of other lawyers. He has never been a such strong personal views against recog- Estrada Tactics Show Bush Arrogance, (Ari- nizing fundamental constitutional and civil zona Daily Star, 3/1/2003) judge or a law professor. He refuses to ex- press his views on important legal issues, rights that he could not serve as a fair an (‘‘Nominees now come with an ideological impartial judge. . . . Defeating Estrada’s stamp that preordains their votes on impor- hiding extremist opinions he was known to hold in prior legal posts. . . . If the Demo- nomination would not send a message to His- tant social issues. Bush has brazenly panics that ‘‘only a certain kind of Hispanic crusaded to stack the federal bench with crats don’t hold firm on this, their political goose will be cooked if Bush gets to pick a need apply.’’ On the contrary, it would send conservatives who will tilt the law rightward the message that everyone in America is Supreme Court justice.’’) far into the future.’’) judged by the same standard. If you can not Don’t Let Mum Be the Word for Estrada, By Here’s What Less Experience Gets You, By be fair and protect the basic constitutional Tisha R. Tallman and Charles T. Lester Michael J. Gerhardt, (The Washington rights of the common person, you do not de- Jr., (Atlanta Journal and Constitution, 3/ Post, 3/2/03) serve to sit in a judicial appointment.’’ (‘‘[N]o one is entitled to be a federal judge 6/2003) The Estrada Facade: Behind The Starched (‘‘It is also extremely hypocritical coming simply because he or she overcame adver- Nominee, By Philip Klint, (Tom from Republican senators who blocked sev- sity, attended a fine law school and collected Paine.com, 2/26/03) some solid work experience. Senators have eral Hispanic judicial nominees from even (‘‘[W]hen White House counsel Alberto getting a hearing or a vote during the Clin- the legitimate authority to weigh the judge- Ganzales appears on Fox network and warns ton administration. Clinton nominee Rich- ment of a nominee who, if confirmed, will for that the Democrats will lost the support of ard Paez was forced to wait for four years; years be entrusted with the final word on the Latino community because of their fili- others, such as Enrique Moreno (Harvard many of the important regulatory and con- buster, he insults the hard-working Hispanic Law School 1982) and Jorge Rangel (Harvard stitutional questions that routinely come be- men and women who have seen first-hand the Law School 1973), never even had a com- fore the Nation’s second-most powerful effects of President Bush’s ‘‘compassion con- mittee hearing. Where was the outcry from court.’’) servatism,’’ and who will likely see through Estrada’s friends during that blockade No Free Pass To The Bench, By O. Ricardo the attractive packaging to the ugly poli- against good Hispanic lawyers and judges? Pimentel, (Arizona Republic, 3/2/03) ticking that loom behind Miguel Estrada’s Under the Constitution, the Senate has a (‘‘For the Bush administration, this isn’t starched-shirt stroll down Nomination very important role in confirming a presi- about trying to get diversity on the court. Street U.S.A.’’) dent’s nominees for lifetime jobs as federal That would be affirmative action, a points Benching Congress: The Rising Power Of The judges. It is an essential part of our constitu- system, a racial preference and a big no-no, Judiciary, By Chris Mooney, (Tom tional system of checks and balances. When according to Bush. it’s all about trying to Paine.com, 2/25/03) you have a White House that refuses to co- stack the federal judiciary with hard right- (‘‘In the past decade we have witnessed an operate with senators of both parties and re- wingers and picking a Latino because Bush unprecedented push among conservative sists any efforts to reach agreement on a thought it would be more palatable to sen- judges to invalidate acts of Congress on the compromise plan for appointing more main- ators and groups concerned about who this basis of a radical reinterpretation of the con- stream moderate judicial nominees, senators guy might be and what he might do as a stitutional relationship between the states must take a stand.’’) judge.’’) and the federal government. . . . Why Estrada Caught in ‘Poisonous’ War Based on Bush’s Court Appointments: Key To Stealth shouldn’t Senators try to wrest some of that Ideology, By Thomas E. Mann, (Roll Call, Attack on Environment, (Daytona Beach power back? They can start with Miguel 3/5/2003) News-Journal, 3/2/2003) Estrada.’’) (‘‘The only way to break this cycle of esca- (‘‘The nomination of Miguel Estrada to a Republicans’ Phony Fight for Estrada, By lation is for Bush to take pre-emptive action lifetime seat on the U.S. Court of Appeals for Craig Hines, (Houston Chronicle, 2/25/03) by submitting a more balanced ticket of ju- the D.C. Circuit. . . . a stealth candidate who (‘‘[T]he Democrats’ opposition is not whol- dicial nominees and engaging in genuine ne- could roll back major environmental and ly about payback. It is about enough time to gotiation and compromise with both parties public health safeguards. The difference spotlight how Estrada fits into President in Congress. That seems most unlikely.’’) party affiliation and ideology have made in Bush’s manifest determination to remake Are Estrada’s Opponents Anti-Latino?, By D.C. Circuit decisions, coupled with the Bush the federal courts into flying squadrons of Eduardo M. Penalver, (Chicago Tribune 3/ administration’s eagerness to unravel envi- ideological buzz bombers ready to drop their 4/2003) ronmental protection, should worry anyone payloads on the Constitution . . .’’.’’)

VerDate Jan 31 2003 01:55 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.015 S06PT1 S3216 CONGRESSIONAL RECORD — SENATE March 6, 2003 Estrada Would Destroy Hard-Fought Vic- basic requirements such as honesty, open- The majority leader is recognized. tories, By Dolores C. Herta, (The Orego- mindedness, integrity, character and tem- Mr. FRIST. Madam President, I wish nian, 2/24/03) perament.... Estrada is an ideologue who to at this point to use my leader time. (‘‘[J]udges who would wipe out our hard- hides his views and who is so lacking in expe- Madam President, the debate on the fought legal victories—no matter where they rience, we have little choice but to oppose Miguel Estrada nomination began Feb- were born or what color their skin—are not the nomination.’’) ruary 5, just over a month ago. During role models for our children . . . Members of ` Estrada’s Omerta, By Michael Kinsley, that debate, lasting nearly 100 hours, I the Congressional Hispanic Caucus met with (Washington Post and Slate, 2/13–14/03) Miguel Estrada and came away convinced (‘‘Obviously, Estrada’s real reason for eva- have sought unanimous consent on 17 that he would harm our community as a fed- siveness is the fear that if some senators separate occasions to bring the nomi- eral judge.’’) knew what his views are, they would vote nation to a vote. Regrettably, those re- Estrada Fight’s True Victor? Democracy, By against him....[But] Hiding your views quests for consent have been denied— Jay Bookman, Deputy Editor, (Atlanta doesn’t make them go away.’’) again, on 17 separate occasions. Journal-Constitution, 2/24/03) Stealth Attack On Environmental Court De- The Democrats have chosen to fili- (‘‘What’s going on in Washington is a won- cisions, By Doug Kendall & Phillip Clapp, buster this outstanding nominee, who, derful thing, absolutely necessary and abso- (Providence Journal, 02/27/2003) as we all know, is a Hispanic immi- lutely healthy. We are seeing the U.S. Con- (‘‘The difference party affiliation and ide- stitution at work, producing a struggle be- grant who came to this country not ology have made in D.C. Circuit decisions, speaking English but, through hard tween two branches of government—Con- coupled with the Bush administration’s ea- gress and the president—that in the end gerness to unravel environmental protection, work, dedication, and the virtue of should have a moderating influence on the should worry anyone who cares about public great capacity of study, achieved aca- third major branch.’’) health and the environment.’’) demic excellence. His peers, the Amer- The Democrats and Mr. Estrada, By Robert Dems Must Stop Judge Picks, By Judy ican Bar Association, affirm his high Ritter, (Washington Post, 2/23/03) Ettenhofer, (The Capital Times, 2/10/03) qualifications. (‘‘The Feb. 18 editorial ‘‘Just Vote,’’ which (‘‘[R]eproductive choice is by no means the We know a majority in this body will criticized Senate Democrats’ tactics in try- only right at risk if all of Bush’s right-wing vote to confirm Miguel Estrada if given ing to derail the nomination of Miguel judicial nominees are confirmed. At a time the opportunity to do what really is Estrada to the U.S. Court of Appeals for the when the president seems intent on disman- D.C. Circuit, was misguided. It is impossible our only request, and that is to have an tling federal environmental laws, we need up-or-down vote on this nominee. Yet for a senator to properly give ‘‘advice and judges who will not bow to corporate pol- consent’’ without information pertinent to luters. At a time when the rights of immi- the minority, even after the extended Mr. Estrada, which has not been provided by grants are under attack...we need judges who time of well over a month and nearly either the nominee or the White House. For will rule with fairness and justice as their 100 hours of factual discussion on the this reason alone, the nomination should be standards, not conservative or religious ide- floor, and despite his obvious creden- defeated.’’) ology.’’) tials, the respect he has among his Stealth Attack On Environmental Court De- Blind About Justices, By Robert F. peers, his academic qualifications, his cisions, By Doug Kendall & Phillip Clapp, Jakubowicz, (The Berkshire Eagle Thurs- arguments before the Supreme Court, (Bangor Daily News, 2/21/03) day, 2/6/2003) (‘‘The difference party affiliation and ide- has blocked this simple up-or-down (‘‘[S]enators who do not try to find out the ology have made in D.C. Circuit decisions, vote on this confirmation. views of judicial nominees which will color coupled with the Bush administration’s ea- My friends on the other side of the their opinions as future judges are neither gerness to unravel environmental protection, aisle—and we have heard it again and performing their constitutional duty nor should worry anyone who cares about public serving the best interests of their constitu- again—say we are really filibustering health and the environment.’’) ents.’’) because we don’t have enough informa- They Started It, By E. J. Dionne Jr., (Wash- Latino Would Set Back Latinos, By Antonio tion; we want more information. That ington Post, 2/21/03) Hernandez, (The Los Angeles Times, 2/5/ is one of the reasons I have tried to be (‘‘It’s not good enough to say that the way 03) as patient, as reasonable as possible to out of this politicized process is for Demo- (‘‘Individuals appointed to the federal crats to ignore the past and cave in to the give that time so that information bench, a lifetime appointment, must meet Republicans. To do that would be to reward could be exchanged before resorting to basic requirements such as honesty, open- a determined conservative effort to control the vote we will undertake in a few mindedness, integrity, character and tem- the courts for a generation.’’) minutes. They say they wanted more perament....Estrada is an ideologue who Symmetry in Judicial Nominations, By Al hides his views and who is so lacking in expe- information, and that is fine. We want Hunt, (Wall Street Journal, 2/20/03) rience, we have little choice but to oppose to have the appropriate information in (‘‘[A]s former Clinton Solicitor General the nomination.’’) order to make a decision in terms of an Walter Dellinger declares, ‘Whatever factor a up-or-down vote. But, repeatedly, this President may properly consider, senators, Justice Estrada—an Oxymoron?, By Matt Bivens, (The Nation, 2/4/03) nominee has said: I am available and I should also consider.’ Since ideology clearly am ready, willing, and available to is the guiding force behind the slate of Bush (‘‘Estrada’s unwillingness to come clean is circuit court nominees, it’s perfectly appro- indeed reason enough to reject him.’’) come by your office to discuss with you priate for Senate Democrats to use the same Torpedo Judicial Activist (Arizona Daily if there are further questions you standard.’’) Star, 2/3/03) might have. (‘‘[T]here is no way that Miguel Estrada, a How the Miguel Estrada Nomination Illus- I suggest my colleagues who really Washington, D.C. lawyer, should win nomi- trates Our Out-of-Control Confirmation feel—putting politics aside—they don’t nation to the U.S. Court of Appeals. Estrada, Process, And What We Can Do to Im- have enough information, pick up the just one of the judge-activists that President prove the System, By Edward Lazarus, phone and call the nominee and have George W. Bush plans to appoint to the fed- (FindLaw.com, 2/20/03) eral bench.’’) him come by your office and visit and (‘‘The President, as the first mover in the ask those questions, and then give us Don’t Let Miguel Estrada On The Bench, nomination and confirmation process, start- an up-or-down vote. ed the problem. He is therefore more cul- (The Hartford Courant, 9/27/2002) pable in creating the current stalemate, and (‘‘President Bush’s nomination of...Miguel We are about to vote on cloture. I accordingly should back down.’’) Estrada...is not about diversifying the fed- hope it succeeds the first time. That is Judicial Extremism: a German Antidote, By eral bench. It is about courting the Latino right. That is just. That is responsible. Bruce Ackerman, (L.A. Times, 2/19/03) vote and moving a conservative agenda.’’) But if we need to, we will vote on clo- (‘‘[T]he Democrats should make it clear Mr. REID. Madam President, I sug- ture again and again. that they will filibuster any nominee to the gest the absence of a quorum. Let me be clear. The majority will U.S. Supreme Court of similar youth and in- The ACTING PRESIDENT pro tem- press for an up-or-down vote on this experience to [to Estrada’s]. They should in- pore. The clerk will call the roll. nominee until Miguel Estrada is con- sist on justices with the maturity and record The assistant legislative clerk pro- firmed. The fight for justice is just be- of moderation needed to keep the court with- ginning. in the mainstream of American constitu- ceeded to call the roll. tional values.’’) Mr. REID. Madam President, I ask I yield the floor. CLOTURE MOTION Latino Would Set Back Latinos, (LatinoLA unanimous consent that the order for Forum, 2/11/2003) the quorum call be rescinded. The PRESIDING OFFICER. Under (‘‘Individuals appointed to the federal The PRESIDING OFFICER. Without the previous order, the clerk will re- bench, a lifetime appointment, must meet objection, it is so ordered. port the motion to invoke cloture.

VerDate Jan 31 2003 04:08 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.017 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3217 The assistant legislative clerk read The assistant legislative clerk pro- Bender’s assessment of Mr. Estrada by as follows: ceeded to call the roll. reviewing the work that he did while CLOTURE MOTION Mr. FRIST. Mr. President, I ask working at the Solicitor General’s Of- We, the undersigned Senators, in accord- unanimous consent the order for the fice. If we had the ability to do so, we ance with the provisions of rule XXII of the quorum call be rescinded. could judge for ourselves whether the Standing Rules of the Senate, do hereby The PRESIDING OFFICER. Without nominee objectively presented the move to bring to a close debate on Executive objection, it is so ordered. facts and the law while working in that Calendar No. 21, the nomination of Miguel A. Mr. BINGAMAN. Mr. President, I capacity, which would be a good indica- Estrada to be United States Circuit Judge would like to take a few moments to tion of his ability to do so as a judge. for the District of Columbia Circuit. discuss the recent cloture vote in rela- To this end, my colleagues on the Ju- By unanimous consent the manda- tion to the nomination of Miguel diciary Committee sought access to the tory quorum call is waived. Estrada to the Court of Appeals for the memoranda written by Mr. Estrada to The question is, Is it the sense of the DC Circuit. his superiors at the Solicitor General’s Senate that debate on Executive Cal- The Constitution provides that the Office on questions such as whether the endar No. 21, the nomination of Miguel President shall nominate candidates United States government should ap- A. Estrada, of Virginia, to be United for the Federal bench and the Senate peal an adverse ruling to the Supreme States Circuit Judge for the District of shall give advice and consent regarding Court or whether it should file an ami- Columbia, shall be brought to a close? those candidates. We cannot yet pro- cus brief in a case that the Supreme The yeas and nays are required under ceed to a vote on this nominee because Court has decided to hear. The admin- the rule. we take this constitutional obliga- istration has categorically refused to The clerk will call the roll. tion—not right, but obligation—seri- provide these documents, despite the The assistant legislative clerk called ously. An up-or-down vote on this fact that it is accepted practices to the roll. nominee is premature, because we have make these types of documents avail- Mr. REID. I announce that the Sen- yet to get disclosure of critical infor- able to the Senate in the context of a ator from Florida (Mr. GRAHAM) is nec- mation regarding this nominee. nomination inquiry. essarily absent. I believe that it is our obligation to Initially, the administration refused The PRESIDING OFFICER (Mr. ensure that—to the best of our knowl- to provide any of these work samples, BURNS). Are there any other Senators edge—each judicial nominee is capable incorrectly stating that it was the in the Chamber desiring to vote? of setting aside extreme views that he practice of the executive branch to do The yeas and nays resulted—yeas 55, or she may hold when interpreting the so. When my colleagues were able to nays 44, as follows: law and deciding cases. We must do our point out that in every prior case [Rollcall Vote No. 40 Ex.] best to ensure that the person will be a where similar work samples were re- YEAS—55 fair and impartial judge. quested they were provided, the admin- Alexander Dole Murkowski Miguel Estrada may very well be able istration claimed that were not offi- Allard Domenici Nelson (FL) to do that. But before we can make cially provided but ‘‘leaked’’ to Con- Allen Ensign Nelson (NE) that determination, we have a right to gress. When my colleagues were able to Bennett Enzi Nickles Bond Fitzgerald Roberts full disclosure of information that will demonstrate that in every prior case Breaux Frist Santorum assist us in ascertaining that this is where similar documents were re- Brownback Graham (SC) Sessions the case. We have a right to expect the quested, the Department of Justice of- Bunning Grassley Shelby Burns Gregg nomineee to be forthcoming in answer- ficially released them to Congress after Smith Campbell Hagel ing our questions, and we have a right Snowe an exhaustive search, the administra- Chafee Hatch Specter to expect the administration to be co- tion claimed similar documents were Chambliss Hutchison Cochran Inhofe Stevens operative in providing any information released previously only in order to Coleman Kyl Sununu that is relevant to making our deci- clear up an allegation of wrongdoing, Collins Lott Talent sion. The advice and consent process is but again my colleagues on the Judici- Thomas Cornyn Lugar not a rubber stamp but a meaningful ary Committee demonstrated that this Craig McCain Voinovich Crapo McConnell Warner process. simply was not true. Prior precedent DeWine Miller Mr. Estrada is not a sitting judge and clearly demonstrates a policy of co- NAYS—44 has not published any legal articles. operation with respect to previous re- Written judicial decisions and pub- Akaka Dorgan Leahy quests. Baucus Durbin Levin lished legal writings often provide us The administration continues to Bayh Edwards Lieberman with the evidence that we need to de- refuse to provide any of the work prod- Biden Feingold Lincoln termine whether a nominee will objec- ucts from the Solicitor General’s Office Bingaman Feinstein Mikulski Boxer Harkin tively enforce the laws and the Con- despite the fact that there is no legal Murray stitution. We have neither here to basis for their refusal and despite the Byrd Hollings Pryor Cantwell Inouye Reed guide us. fact that similar information was dis- Carper Jeffords Reid Added to this, we have a situation closed in every other instance that it Clinton Johnson Rockefeller Conrad Kennedy where a person in the Solicitor Gen- was requested. We cannot help but be Sarbanes Corzine Kerry eral’s Office who had direct supervisory left with the feeling that there is some- Daschle Kohl Schumer Stabenow authority over the nominee when he thing to hide in this case. Dayton Landrieu worked there, Mr. Paul Bender, has We also might be able to make a Dodd Lautenberg Wyden stated that he does not believe Mr. judgment regarding the nominees’s NOT VOTING—1 Estrada can be trusted to decide cases ability to be a fair judge through ques- Graham (FL) without being clouded by his extreme tioning the nominee regarding his judi- The PRESIDING OFFICER. On this views. He said that Mr. Estrada was so cial philosophy and regarding his anal- question, the yeas are 55, the nays are ‘‘ideologically driven that he couldn’t ysis of previously decided cases. These 44. Three-fifths of the Senators duly be trusted to state the law in a fair, questions are commonly asked of judi- chosen and sworn, not having voted in neutral way . . . Miguel is smart and cial nominees in order to examine the affirmative, the motion is rejected. charming, but he is a right-wing ideo- whether the nominee’s views are out- Mr. REID. I move to reconsider the logue.’’ side the mainstream and whether he vote, and I move to lay that motion on Now this is just one man’s opinion can set his or her personal views aside the table. and certainly should not be dispositive, in analyzing cases. When my colleagues The motion to lay on the table was but it certainly gives us cause for con- on the Judiciary Committee pursued agreed to. cern and an even stronger desire to this practice, Mr. Estrada refused to Mr. REID. I suggest the absence of a have access to all available informa- provide meaningful answers to their quorum. tion regarding Mr. Estrada’s judgment questions. I have carefully reviewed The PRESIDING OFFICER. The and skills. We could judge for ourselves the transcript from that hearing and clerk will call the roll. whether there is any basis for Mr. am quite frankly amazed at Mr.

VerDate Jan 31 2003 04:08 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.016 S06PT1 S3218 CONGRESSIONAL RECORD — SENATE March 6, 2003 Estrada’s refusal to answer questions role in judicial nominations. It tran- ular briefings to the Committee on Foreign that many prior judicial nominees— scends this particular nomination be- Relations and the Committee on Armed both those nominated by Democratic cause if we were to proceed to a vote Services of the Senate regarding— and Republican Presidents—have an- after this nominee has refused to an- (i) the alert status of the nuclear forces of swered as a matter of course. the United States and the Russian Federa- swer routine questions about his views tion; As I have mentioned before, this re- and his judicial philosophy, and after (ii) any determination of the President to fusal is particularly perplexing, given the administration has refused to re- order a stand-down of the alert status of that this same individual admitted spond to a routine request for samples United States nuclear forces; and that he asked similar questions of can- of this nominee’s work product, we (iii) any progress in establishing coopera- didates for a clerkship with Justice would essentially be conceding that the tive measures with the Russian Federation Kennedy in order to ‘‘ascertain wheth- Senate’s role in judicial nominations is to effect a stand-down of the alert status of er there are any strongly felt views that of providing a rubber stamp to the Russian Federation nuclear forces. that would keep that person from being President’s nominations. This is clear- Mrs. FEINSTEIN. Mr. President, I a good law clerk to the Justice.’’ This ly not the role envisioned by the Fram- rise today to offer this amendment. I is exactly what my colleagues on the ers of our Constitution. recognize that the leadership is not ac- Judiciary Committee sought to do with cepting amendments. I accept that. I f respect to Mr. Estrada. If this type of am a supporter of the treaty, and I am information is relevant to the process MOSCOW TREATY happy to cast my vote for it. of hiring a Supreme Court law clerk, Mr. FRIST. Mr. President, I ask But there is one significant omission isn’t it infinitely more important to unanimous consent the Senate now re- from this treaty, and I want to point the process of appointing an appellate sume consideration of the Moscow out that omission. That omission is judge—someone who has a lifetime ap- Treaty and that Senator FEINSTEIN be that we have literally thousands of nu- pointment to the bench? recognized in order to offer an amend- clear missiles on hair trigger alert. The It may be the case, that if this infor- ment. I would simply add the chairman Russian Federation has thousands of mation were to be made available, I is tied up in a committee hearing, but nuclear missiles on hair trigger alert. would support Mr. Estrada. I have I know he would want the Senator This treaty does not take that into voted in favor of 100 of the 103 nomi- from California to go ahead. consideration and does not urge or does nees that President Bush has sent for- The PRESIDING OFFICER. Without not certify a reduction of the alert sta- ward to the Senate since he took office. objection, it is so ordered. tus of these missiles. I believe if we fail In many of these cases, I did not agree The clerk will report. to address this issue, we risk the lives with the nominee’s views on many The legislative clerk read as follows: of millions of people over what may issues. Nevertheless, I had enough in- Resolution of Ratification to Accompany turn out to be a simple miscalculation. formation to determine that they were Treaty Document 107–8, Treaty Between the People hearing me might say, how not out of the mainstream of American United States of America and the Russian can that possibly happen? I would like jurisprudence. I believe we have the Federation on Strategic Offensive Reduc- to explain how it can happen. right to have access to the information tions. On the morning of January 25, 1995, that we need to make that judgment The PRESIDING OFFICER. The Sen- the Russian military initially inter- on this nominee. ator from California is recognized. preted the launch of a U.S. weather It is unfortunate that before I finish AMENDMENT NO. 251 rocket from Norway as a possible nu- that I feel I must respond to the allega- (Purpose: To provide an additional declara- clear attack on the Russian Federa- tions of some that the debate sur- tion) tion. That is just 8 years ago. Thank- rounding this particular nominee re- Mrs. FEINSTEIN. I send an amend- fully, the true nature of the launch be- lates to his ethnicity. This is a prepos- ment to the desk on behalf of Senators came known and a catastrophic mis- terous notion. It is a smoke and mir- LEAHY, WYDEN, HARKIN, and myself. take was averted. Nevertheless, then- rors argument designed to cloud the le- The PRESIDING OFFICER. The President Yeltsin and his advisers had gitimate debate about the nominee’s clerk will report the amendment. only minutes to decide whether the qualifications for the bench. The legislative clerk read as follows: launch of a weather rocket was a sur- To infer—or to outright state as has The Senator from California [Mrs. FEIN- been the case—that my colleagues prise attack because Russia, like the STEIN], for herself, Mr. LEAHY, Mr. WYDEN, United States, maintained and con- would be motivated by the fact that and Mr. HARKIN, proposes an amendment Mr. Estrada is Hispanic is outrageous. numbered 251. tinues to maintain thousands of nu- clear weapons on high alert status, One need only look to recent history to Mrs. FEINSTEIN. I ask unanimous ready to be launched at a moment’s no- see just how wrongheaded that notion consent the reading of the amendment tice. is. During the last Democratic admin- be dispensed with. This was not the only instance in istration, over 30 Hispanics were nomi- The PRESIDING OFFICER. Without which both countries have come close nated for judgeships. I supported all of objection, it is so ordered. them. Unfortunately, approximately The amendment is as follows: to the unthinkable. On at least two oc- casions in the United States and at one-third of them were not confirmed— At the end of section 3, add the following and some didn’t even get the courtesy new declaration: least one occasion in Russia, false of a hearing—due to opposition from (7) STAND-DOWN FROM ALERT STATUS OF alarms could have led to the accidental some of my Republican colleagues. It FORCES COVERED BY TREATY.—Noting that the launch of nuclear weapons. was, in fact, during the last Demo- Administration has stated that ‘‘[t]he first Today, Russia and the United States cratic administration that the first planned step in reducing U.S. operationally are entering into a new era of rela- Latina to serve at the district court deployed strategic nuclear warheads will be tions. We do so with the advent of this to retire 50 Peacekeeper ICBMs, remove four treaty. A deliberate nuclear strike by level was confirmed. She continues to Trident Submarines from strategic service, serve in my State. either side is unthinkable. In fact, the and no longer maintain the ability to return administration states the brevity of By contrast, this administration has the B-1 to nuclear service,’’ the Senate— nominated a total of eight Hispanics. (A) encourages the President, within 180 the Moscow Treaty and the lack of Six of them have already been con- days after the exchange of instruments of verification, timetables, and a list of firmed and are now serving on the ratification of the Treaty, to initiate in a specific weapons to be destroyed, is due bench and the other nominee is ex- safe and verifiable manner a bilateral stand- to the fact that Russia and the United pected to move ahead as soon as the down from alert status of all United States States are no longer strategic competi- necessary paperwork is in order. That and Russian Federation nuclear weapons sys- tors but today we are strategic allies. leaves only Mr. Estrada, and I have tems that will no longer be operationally de- So fear and suspicion have been re- ployed under the Treaty, but which the placed by trust, cooperation, and stated the reasons I feel it is inappro- United States and the Russian Federation priate to go forward with his nomina- may keep operationally deployed under the friendship. tion. Treaty until December 31, 2012; and It is surprising, then, that the United The debate in this case is about pre- (B) expects a representative of the execu- States and Russia continue to main- serving the Senate’s constitutional tive branch of the Government to offer reg- tain their nuclear arsenals on this high

VerDate Jan 31 2003 02:49 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.005 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3219 alert status. It is surprising the Mos- But in the meantime all these missiles The legislative clerk proceeded to cow Treaty, a symbol of the new rela- remain on high alert status—hair trig- call the roll. tionship, in the words of the adminis- ger alert status. Mr. LAUTENBERG. Mr. President, I tration, does not address this issue. In The amendment would urge the ask unanimous consent that the order the past, President Bush has recog- President to call on the Russian Fed- for the quorum call be rescinded. nized the dangers of high alert status eration to reciprocate in kind, and the The PRESIDING OFFICER. Without and the need to reevaluate our nuclear amendment asks that a representative objection, it is so ordered. weapons. As a candidate, he stated in a of the executive branch of the Govern- Mr. LAUTENBERG. Mr. President, I speech on May 23, 2000: ment offer regular briefings to the take the opportunity to make some Keeping so many weapons on high alert Committee on Armed Services and the comments regarding the ratification of may create unacceptable risks of accidental Committee on Foreign Relations of the the Moscow Treaty. I do it with some or unauthorized launch. Senate on three specific topics: First, reservation. I think the treaty is both Experts on nuclear weapons issues the alert status of the nuclear forces of a ‘‘good news’’ and ‘‘bad news’’ story. have expressed similar concerns. In his the United States and Russia; second, Right now, roughly speaking, the testimony on the Moscow Treaty be- any determination of the President to United States and Russia each deploy fore the Senate Foreign Relations order a standdown of the alert status 6,000 nuclear warheads. The treaty Committee, former Senator Sam Nunn on the U.S. nuclear forces; third, any would require the U.S. and Russia to stated that the alert status: progress in establishing cooperative reduce these levels to 1,700 to 2,200 . . . may well be more important to sta- measures with Russia to effect a ‘‘operationally’’ deployed strategic nu- bility and security than the actual number standdown of Russia’s nuclear forces. clear weapons on each side by Decem- of nuclear weapons. There is a precedent for de-alerting ber 2012. He likened the issue to two families our nuclear weapons and prompting the The good news is that this treaty is a who have agreed to reduce the number Russians to do likewise. In 1991, as the positive step—long overdue, but a posi- of high-powered automatic weapons Soviet Union began to crumble, then- tive step nonetheless. Over 10 years aimed at each other in several years’ President Bush ordered a unilateral ago, in January of 1992, when U.S.-Rus- time but in the meantime decide to standdown of the U.S. strategic bomb- sian relations were the warmest in keep the weapons loaded with a finger ers and de-alerted some missiles sched- years, President Yeltsin of Russia pro- on the trigger. uled for deactivation under the START posed that the U.S. and Russia reach a Former Secretary of Defense William treaty. Soviet President Gorbachev at strategic arms control agreement that Perry testified that the Moscow Trea- that time reciprocated with similar set the levels at 2,000–2,500 in a START ty’s failure to address the alert status measures, and the world breathed a lit- II agreement. of the United States and Russia’s nu- tle easier during those turbulent times. If former President Bush had agreed clear weapons represented a significant So there is precedent for their de-alert- back then, we could be close to the lev- missed opportunity. He concurred with ing missiles. And I believe that this els today that the Moscow Treaty envi- retired Air Force GEN Eugene Habiger, Moscow Treaty, which is based on sions for 10 years from now. former commander in chief of the U.S. friendship, trust, and cooperation, ne- At the time former President Yeltsin Strategic Command, who recommended cessitates an increased de-alerting sta- made his proposal for deep reductions, that the United States take a first step tus of the literally thousands of nu- Defense Department officials, espe- by immediately standing down all nu- clear weapons that remain in their cially Defense Secretary CHENEY—now clear weapons systems that will not be silos on a hair trigger alert. our Vice President—opposed them. The amendment is simple and operationally deployed under the Mos- As a result, the START II agreement, straightforward. We can take it very cow Treaty. signed in January 1993, only limited easily. I very much regret that we are If you will note, the amendment I the number of strategic nuclear war- in a no-amendment scenario. What I have sent to the desk does not say this heads to 3,000 to 3,500 on each side. And hope to do and my cosponsors hope to should be unilateral, on our part only; due to wrangling over national missile do is enter into a colloquy in the it says a bilateral reduction of alert defense the START II agreement never RECORD indicating support for this status of operational nuclear weapons entered into force. measure and, second, we will draft a deployed today. So I am glad to see that the adminis- letter and try to get as many signa- I believe we should take the words of tration and Vice President CHENEY now tures from other Senators as we can. support cuts to levels first proposed by the general, of the very respected Sen- I believe this treaty, which should be President Yeltsin in January 1992. This ator Nunn, and former Defense Sec- ratified by this Senate today, has this support for stronger strategic arms retary Bill Perry and take some action. significant oversight. I believe that to A miscalculation, in Senator Nunn’s leave these missiles on hair trigger control steps is long overdue but wel- scenario, would result in the loss of a alert status when we enter into this come. A second chance to achieve greater few lives from these automatic weap- treaty really downgrades the treaty. If ons in a family feud situation, but a we truly trust, if we truly want to be reductions came 6 years ago in 1997. miscalculation between Russia and the cooperative, and if we truly are friends, President Clinton agreed with Presi- United States could result in the loss friends don’t aim loaded guns at each dent Yeltsin at Helsinki that a future of millions of lives. De-alerting will other with the triggers pulled back. START III agreement would entail re- give the leaders of the United States I am hopeful that the administration ductions to 2,000–2,500 strategic war- and Russia sufficient time to evaluate would respond and begin a discussion heads on each side. Most likely, the fully a situation before making a deci- between President Putin and President START III agreement would have over- sion on a nuclear response in a matter Bush to see if we cannot reach a bilat- lapped with the START II agreement, of minutes or seconds, and it would eral de-alerting of the literally—prob- finishing implementation at the end of greatly reduce the possibility of an ac- ably more than—10,000 missiles that December 2007. cidental nuclear launch due to false will remain with nuclear warheads on The START III levels of 2,000 to 2,500 alarm and miscalculation. hair trigger alert. are essentially the same as those em- The amendment I sent to the desk AMENDMENT NO. 251 WITHDRAWN bodied in the Moscow Treaty. The encourages the President, within 180 I ask unanimous consent that the START III would have counted several days of exchange of instruments and amendment be withdrawn. hundred warheads on systems in over- ratification, to initiate in a safe and I yield the floor. haul; the Moscow Treaty will not. verifiable manner a stand-down from The PRESIDING OFFICER. Without Unfortunately, because START II alert status of all nuclear and Russian objection, the amendment is with- never entered into force, START III ne- nuclear weapons systems that will not drawn. gotiations never began. In addition, be operationally deployed under the Mrs. FEINSTEIN. Mr. President, I after 1994, our Republican colleagues treaty. suggest the absence of a quorum. deliberately made it more difficult to In other words, the treaty calls for The PRESIDING OFFICER. The make progress on reducing strategic removing the operational deployment. clerk will call the roll. nuclear arms.

VerDate Jan 31 2003 02:49 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.019 S06PT1 S3220 CONGRESSIONAL RECORD — SENATE March 6, 2003 Starting with the fiscal year 1995 De- There are other problems relating to finish our work on this legislation so fense authorization bill, a provision tactical nuclear weapons and trans- that we can move on to other matters. was regularly added forbidding the parency and security of nuclear arse- I thank the Chair. I yield the floor. President from reducing U.S. strategic nals that need to be addressed and that The PRESIDING OFFICER. The Sen- forces below the START I levels of 6,000 many have touched upon today. The ator from Indiana. strategic nuclear warheads. In time for Senate needs to be active in addressing Mr. LUGAR. Mr. President, I thank this treaty, this provision has been re- these questions. I look forward to see- the distinguished Democratic leader pealed. ing the reports required by the Resolu- for his thoughtful comments. I encour- So I am pleased to see that my Re- tion of Ratification so we can monitor age amendments to be offered as soon publican colleagues now support cuts the progress of the treaty and act ac- as possible and that we be prepared to to the levels envisioned by President cordingly. debate those amendments and work Clinton and President Yeltsin in March We have waited too long for this with both leaders to finalize actions on 1997. It is a welcome change of heart, treaty. We cannot let the long imple- the Moscow Treaty today. I appreciate even though it is long overdue. mentation time of the treaty sweep very much the specific amendments The bad news, however, as many have these important questions from our that are out there. I hope we can iden- noted, is that the treaty is but a mod- agenda for the next 10 years. tify those amendments and work with est step forward. Many have argued it With the assumption that the Senate the offerers of the amendments. has several major shortcomings. will remain active on these questions Mr. President, while I have the floor, First, the 10-year implementation pe- and the administration will follow I would simply indicate that the Mos- riod is too long and includes no bench- through with the provisions of the Res- cow Treaty before the Senate today is marks for progress or verification olution of Ratification, I give my re- very important for several reasons. measures. Theoretically, as the treaty luctant advice and consent to this trea- Some of these were outlined by Sen- now stands, both sides could wait until ty and look back and see how much ator BIDEN, myself, and others yester- the last moment to make their reduc- more we could have accomplished. Nev- day. tions, right before the treaty expires. ertheless, let’s get on with what we But let me reiterate the fact that Second, only some of the warheads have in front of us and start reducing this treaty arose from a very impor- removed from missiles and bombers the size of the nuclear forces out there. tant meeting that President Bush had will be dismantled. The rest would With that, Mr. President, I yield the with President Putin of Russia last merely be put into storage, where they floor and suggest the absence of a May. During the course of that time, could be redeployed. Thus, there will quorum. both leaders identified the fact that not be a real reduction in the United The PRESIDING OFFICER. The both countries were in the process of States or Russian strategic nuclear ar- clerk will call the roll. thinking through how to reduce the The senior assistant bill clerk pro- senals. Moreover, the security of thou- number of nuclear warheads that are sands of stored weapons will remain a ceeded to call the roll. Mr. DASCHLE. Mr. President, I ask still on missiles aimed at each other. matter of major concern, especially These leaders identified thousands of during this era of heightened ter- unanimous consent the order for the quorum call be rescinded. such warheads and the dangers of leav- rorism. ing things where they were. Our Presi- Third, the treaty could have reduced The PRESIDING OFFICER (Mr. dent has indicated that he had already the strategic arsenals of the United GRAHAM of South Carolina). Without reached a determination with his ad- States and Russia even further. objection, it is so ordered. Fourth, the treaty does not cover the Mr. DASCHLE. Mr. President, I visers. It would be in our best inter- thousands of small tactical nuclear wanted to come to the floor just to ests, if necessary, to unilaterally weapons that are a major concern for give our colleagues a brief report on change our situation; that is, to think theft by terrorist groups. And they are the status with regard to amendments through carefully how many warheads weapons of great power, great destruc- to the treaty legislation. Senator BYRD the United States needs to defend itself tive capability. has indicated he wishes to offer an against all potential adversaries and to Since this treaty is so long overdue, amendment. Senator CONRAD has an move to that number. That would save and such a modest accomplishment, we amendment. Senator FEINGOLD may a great deal of expense for the tax- must work hard through the Bilateral have an amendment. We are trying to payers in perpetuity—every year that Implementation Commission to im- verify whether he still intends to offer these warheads were no longer re- prove it in the coming years. We also it. And then Senator LEVIN has an quired. Furthermore, and more obvi- need to take steps beyond the scope of amendment. ously, it would relieve the anxiety of this treaty to reduce our nuclear arse- I had indicated to the distinguished people all over the world who see the nals even more. majority leader that we felt we could cold war still manifested in a very So I strongly endorse the call in the accommodate these amendments today large number of nuclear weapons on Foreign Relations Committee Resolu- and vote on final passage tonight. He missiles that could convey them. tion of Ratification for the President has indicated that if that were the case The Russians have had the same idea. to ‘‘accelerate’’ U.S. strategic force re- there would be no votes tomorrow. They have budget stringencies that are ductions so they can be achieved before I hope our colleagues can accommo- much more severe than our own. December 31, 2012. We should aim to ac- date that schedule to come over and Therefore, the two leaders came to a complish this by the end of 2007. offer their amendments, and perhaps conclusion that an agreement was use- We should also seek to dismantle the we can even agree to a timeframe with- ful, and, furthermore, it would illus- 4,000 or so warheads that will be re- in which these amendments can be con- trate what both characterized as a new moved from launchers—not just put sidered. We have been in a quorum call relationship between Russia and the them in storage. Otherwise, this treaty now for about an hour. Obviously, if we United States in a very visible and tan- is more of a nuclear ‘‘shell game’’ than want to finish at a reasonable hour gible way. a true disarmament measure. Warheads today, it would be very helpful if our Some advisers of both President Bush taken off missiles today could be put colleagues could come to the floor to and President Putin may have believed back tomorrow. offer their amendments. We will have all of this might be done without a We should begin new discussions to to do it sometime today. It seems to treaty; that is, both countries simply reach new lower levels of strategic nu- me the sooner we get on with this de- taking action would seem to be in the clear weapons. I strongly support the bate, the sooner we can offer those self-interest of the two countries. Oth- Resolution of Ratification’s call for the amendments and the sooner we can ers clearly believed it would be best to President to continue reductions in complete our work and do so in a way codify this in as simple an agreement strategic nuclear warheads. President that will accommodate other schedules as possible. The Moscow Treaty was Putin wanted each side to decrease to which I know Senators have tonight the product of that effort. It is a short levels of 1,500 warheads. There isn’t and tomorrow. treaty, as many have pointed out. any reason we can’t reduce to levels of I make that report. I make that plea. As I mentioned yesterday, many of 1,000 to 1,500 in the next 5 to 10 years. I hope our colleagues can allow us to the critics believe it is far too short;

VerDate Jan 31 2003 02:49 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.022 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3221 that it should have covered a great which Russia and the United States The PRESIDING OFFICER. The Sen- number of areas in much greater de- have perhaps the greatest responsi- ator is correct. tail, including verification procedures bility and the greatest stake. Mr. CRAIG. I ask unanimous consent and a number of aspects that have been The Moscow Treaty is timely with to speak as in morning business for no part and parcel of previous arms con- regard to dialog and diplomacy with longer than 10 minutes. trol agreements between Russia and the United States and Russia with re- The PRESIDING OFFICER. Without the United States, and/or the United gard to North Korea. Many hope it may objection, it is so ordered. States and other parties. Nevertheless, be relevant still with regard to our dia- Mr. CRAIG. I see my chairman here. the treaty that was adopted does speak log on the question of Iraq and Resolu- I want to make sure it is OK with him. clearly to the aim by the year 2012. tion 1441 at the United Nations or its It is. Both of our countries will, in fact, have successor. (The remarks of Mr. CRAIG are print- reduced the number of warheads that I mention those aspects not with pre- ed in today’s RECORD under ‘‘Morning are viable vehicles of destruction from diction but simply with the relevancy Business.’’) a level of roughly 6,000 apiece now to and the timeliness of this debate. I Mr. LUGAR. Mr. President, I suggest somewhere in the 1,700-to-2,200 range. think it is important for us to proceed, the absence of a quorum. We will do this on our own schedules, if we can, to have a successful conclu- The PRESIDING OFFICER. The and we will have the protocols of sion of the debate and a vote on the clerk will call the roll. START before us through 2009 and the Moscow Treaty today. The assistant legislative clerk pro- cooperative threat reduction activity— The distinguished Democratic leader ceeded to call the roll. at least the very visible form of cooper- has indicated that he perceives this as Mr. LEVIN. Mr. President, I ask ative activity and verification— in the best interests of the Senate. I unanimous consent that the order for through that means. know our leader feels the same. I sim- the quorum call be rescinded. I mention all of that because some ply invite Senators to come to the The PRESIDING OFFICER. Without Senators have asked both on the floor floor to come forward with their objection, it is so ordered. and off the floor, Is this important to amendments, and we will try to pro- AMENDMENT NO. 252 President Bush now? Why is the Mos- ceed. Mr. LEVIN. Mr. President, in a few cow Treaty coming up at this par- I finally add, both Senator BIDEN and moments, I will send an amendment to ticular moment? I indicated yesterday it would be our the desk. Before I do so, I will make I would respond to those questions by hope that amendments would not be some general comments on the Moscow saying from the very first meeting the adopted to the text of the treaty or its Treaty which is before the Senate. President had with Senator BIDEN, annexes at this point. We believe pas- I first wish to congratulate and com- then-chairman of the Foreign Rela- sage by the Duma, as well as passage mend our good friends from Indiana tions Committee, and me, he encour- by the Senate, in a timely manner is and Delaware for their great work on aged us to move as rapidly as prudent. very important. this treaty. As on so many other And we have done so. We pledged to the We understand there are many Sen- issues, they have worked together well President that day that hearings would ators who wish the treaty had been in the national interest. The document be held. In fact, they were held last longer, more extensive, more intrusive which is before us, as well as the Reso- year. They were extensive. We have with regard to Russian procedures as lution of Ratification, represents a lot mentioned that hearings were held also well as our own, but we have attempted of significant work on their part. I ap- in the Armed Services Committee and to achieve a great deal. We have much plaud them for it. there were behind-closed-door hearings further to go as we negotiate with our The treaty before us is a modest but in the Intelligence Committee, and Russian friends. Therefore, I hope Sen- a positive step in the United States- that both of the other committees ators will not call for bridges that are Russia relationship. It is particularly shared with the Senate Foreign Rela- too far on this treaty and thus jeop- important we have this treaty. At tions Committee the product of those ardize both its passage here and its im- some point it was suggested the agree- hearings. plementation by both countries. ment not be in the form of a treaty. As Senators have been on the floor of I thank the Chair and yield the floor. a matter of fact, the administration fi- the Senate as members of those com- Mr. President, I suggest the absence nally decided—I think wisely so, and I mittees and have already testified to of a quorum. believe with the support of the chair- the efficacy and the importance of the The PRESIDING OFFICER. The man and ranking member of the For- treaty. clerk will call the roll. eign Relations Committee—that we This is the first period of time avail- The bill clerk proceeded to call the have a legally binding treaty rather able on the calendar of the Senate. The roll. than relying on unilateral steps that majority leader has given this time to Mr. LUGAR. Mr. President, I ask are not binding on future administra- our committee with the full coopera- unanimous consent that the order for tions and can be easily changed. tion of Senator DASCHLE and Demo- the quorum call be rescinded. Having a treaty ensures that the cratic leaders of the Senate. I treasure The PRESIDING OFFICER. Without Senate is going to be able to fulfill its that fact because I think it is impor- objection, it is so ordered. constitutional role, giving due consid- tant and it is keeping the faith not eration of any treaty and providing ad- f only with our President but with the vice and consent before ratification. relationship that our President and RECESS I view this treaty as a starting point President Putin have been attempting Mr. LUGAR. Mr. President, I am ad- for further nuclear arms reductions to forge. vised there will not be speakers offer- and a useful boost to our new and de- I would simply point out that we ing amendments for some time, there- veloping and evolving relationship with have just concluded in the Senate For- fore, I ask unanimous consent that the Russia. There is much more work to be eign Relations Committee another ex- Senate stand in recess until 2 p.m. done to continue to improve our mu- tensive hearing on North Korea. There There being no objection, the Senate, tual security with Russia, and that we talked about the importance of a re- at 12:59 p.m., recessed until 2:00 p.m. work includes further reducing our re- lationship between Russia and the and reassembled when called to order liance on nuclear weapons, reducing United States. That is a very impor- by the Presiding Officer (Mr. ALEX- nuclear proliferation dangers, and im- tant relationship. The United States is ANDER). proving confidence, transparency, and counting upon Russian friends to be f cooperation with Russia on nuclear forthcoming with regard to their un- weapon matters. derstanding of the risks that are in- MOSCOW TREATY—Continued This treaty, while important, is also volved in the Korean peninsula, the The PRESIDING OFFICER. The Sen- somewhat unusual. Its central obliga- risk to Russia, the risk to the United ator from Idaho. tion is that both nations will reduce States, and the risk with regard to nu- Mr. CRAIG. Mr. President, I believe their operationally deployed strategic clear weapons throughout the world in we are considering the Moscow Treaty. nuclear warheads to a level between

VerDate Jan 31 2003 02:49 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.024 S06PT1 S3222 CONGRESSIONAL RECORD — SENATE March 6, 2003 1,700 and 2,200 some 10 years from now. be extended by agreement of the par- The U.S. should not either enter into There are no gradual steps. It is just at ties or superseded earlier by a subse- a treaty or withdraw from a treaty a moment in time, 10 years from now, quent agreement. lightly and either action—either enter- that level of between 1,700 and 2,200 Paragraph 3 of article 4 states: ing into a treaty, withdrawing from a must be reached. It could be a reduc- Each Party, in exercising its national sov- treaty, or extending a treaty’s oper- tion in the operationally deployed stra- ereignty, may withdraw from this Treaty ations—should be done only with the tegic nuclear warheads for a very brief upon three months written notice to the involvement of the Senate. We have to period, providing 10 years from the other Party. give our advice and consent to permit date of ratification that level is These are somewhat unusual provi- ratification in the first place. sions, as are the administration’s reached, and then the treaty expires. We, the Members of this Senate, have statements about them. Previously, ex- Contrary to numerous media reports, the responsibility to assure that in- this treaty does not require reductions tending a treaty was considered some- thing that would require Senate advice volvement. That constitutional respon- in nuclear warhead stockpiles or deliv- sibility rests in our hands, and we ery systems. In fact, it does not require and consent. In the seminal study written in 2001 should not leave that constitutional the elimination of a single warhead. mandate and responsibility up to the Under this treaty, both sides can sim- by the Congressional Research Service for the Foreign Relations Committee discretion of the executive branch. We ply remove warheads from land-based want the executive branch to consult, or submarine-based missiles and from called ‘‘Treaties and Other Inter- national Agreements: The Role of the and we are going to urge them to con- bombers. Both sides are free to keep sult in a Resolution of Ratification. every warhead so removed and to store United States Senate,’’ the issue of ex- tending treaties is clearly presented: The question is whether we are going these warheads indefinitely for possible to require that resolution. Barring redeployment. The only limitations Modifying and extending an international agreement amount to the making of a new some circumstances, which I will de- that will bind the United States and agreement that should be done by the same scribe in a minute, we are going to re- Russia are the limitations on nuclear method as the original agreement. For trea- quire a chief executive to consult with weapon delivery systems under START ties, this means with the advice and the con- this body, to give us notice, and to con- I, and that is at least until 2009. sent of the Senate. sult, not to seek ratification—that is a After December 5, 2009, when the In its article-by-article analysis of second-degree amendment which my START I treaty is scheduled to expire, the Moscow Treaty, the administration friend from Wisconsin will be offering it is not clear what will happen. At asserts that ‘‘Extension of the Treaty in a moment—but the proposal in my least in the case of START I, the deliv- is not automatic and must be done by amendment is that we simply require ery systems must be destroyed. agreement of the parties.’’ there be notice and consultation of the As the Senate fulfills its constitu- The article-by-article analysis con- Senate before there is withdrawal from tionally mandated role in the treaty tinues, with the administration writ- a treaty which we have ratified, or ex- process and considers whether to pro- ing: tension of a treaty which we have rati- vide its advice and consent to the rati- Since such an extension is authorized by fied. That is the least we can do. That fication of the Moscow Treaty, there Treaty, it would constitute an agreement is a middle course, short of saying we are a number of questions about the pursuant to the Treaty and would accord- have to ratify an extension or with- proper role of the Senate in the treaty- ingly not be subject to Senate advice and drawal, which I think is also an appro- consent. making process. These are questions to priate course of action which has been That is the extension issue. which I know our managers—our chair- much debated over the years. Short of On the matter of treaty withdrawal, man and ranking member of the For- that, which it seems to me is a matter the administration’s article-by-article eign Relations Committee—have given which is going to be of some debate be- analysis states: a great deal of time, attention, and tween the executive and legislative thought, and many others in the Sen- Unlike some other arms control agree- ments, this withdrawal clause is not tied to branch, I think a middle course, which ate have as well. a party’s determination that extraordinary we all ought to be able to agree upon, Some of these questions are as fol- circumstances jeopardizing its supreme na- is that a Resolution of Ratification re- lows: tional interests exist. Rather, the Moscow quire there be notice to the Senate so Do we want to agree to ratify a trea- Treaty includes a more general formulation we can exercise whatever action we de- ty if the executive branch does not that allows greater flexibility for each party cide to take at that point—no guar- clearly commit itself to submitting a to respond to unforeseen circumstances. antee that we would have to ratify it substantive change in that treaty as an So the withdrawal clause permits ei- before it actually occurs but assurance amendment to the Senate for its advice ther party to withdraw from the treaty we will be given notice and an oppor- and consent? And do we want to ap- for any reason short of a supreme na- tunity to give our advice, or take prove a treaty where there is doubt tional interest. whatever action we want, prior to the that the executive branch could extend The Resolution of Ratification ad- withdrawal from a treaty or prior to or withdraw from the treaty without dresses this issue of withdrawal or ex- the life of the treaty being extended. even notifying or consulting with the tension with a declaration numbered 6, Senate, without that guarantee, that which: The amendment I am going to be of- commitment being written into a Reso- Urges the President to consult with the fering is very straightforward. I do not lution of Ratification? Senate prior to taking actions relevant to know if this amendment is at the desk. These are highly significant ques- paragraphs 2 or 3 of article IV of the treaty. If not, I will send it on behalf of my- tions that apply to the treaty-making So the resolution before us, and be- self, Senator FEINGOLD, and Senator power and to the advice and consent fore my amendment is considered, sim- AKAKA, and ask for its immediate con- power of the United States. I want to ply urges the President—it is precatory sideration. address those issues in the amend- language that says, Mr. President, we The PRESIDING OFFICER. The ments that I have to offer this after- urge you, whether it is you or your suc- clerk will report. noon. cessor, to consult with the Senate prior The assistant legislative clerk read The first amendment deals specifi- to taking the actions relevant to para- as follows: cally with the question of whether the graphs 2 or 3, the extension or the The Senator from Michigan [Mr. LEVIN], Resolution of Ratification should pro- withdrawal from a treaty. for himself, Mr. FEINGOLD, and Mr. AKAKA, vide that the Senate must be notified The declaration urges the President proposes an amendment numbered 252. and consulted prior to the withdrawal to consult with the Senate, but it does from that treaty or the agreement to not protect the interests of the Senate Mr. LEVIN. Mr. President, I ask extend that treaty by the President of because it is not binding. A President— unanimous consent that the reading of the United States. this President or his successor—could the amendment be dispensed with. Article 4, paragraph 2 of the treaty simply decide to extend or withdraw The PRESIDING OFFICER. Without states that this treaty shall remain in from this treaty without notice or con- objection, it is so ordered. force until December 31, 2012, and may sultation with the Senate. The amendment is as follows:

VerDate Jan 31 2003 02:49 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.028 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3223 (Purpose: To provide an additional condition dent may exercise this power since the If we are going to protect the constitu- requiring notice and consultations prior to courts have held that they are conclu- tional responsibilities of this body, we withdrawal from, or extension of, the Trea- sively bound by an executive deter- must assure our constitutional respon- ty) mination with regard to whether a sibility and the operation of treaties is At the end of section 2, add the following treaty is still in effect. The same result going to be protected and our role new condition: may apply to a congressional termi- under the Constitution is, in fact, hon- (3) NOTICE AND CONSULTATIONS PRIOR TO ored—not just honored in the breach WITHDRAWAL OR EXTENSION.—(A) Prior to nation, particularly if it is regarded as taking any action relevant to paragraphs 2 a declaration of war. but in the actual life of the treaty. I or 3 of Article IV of the Treaty, and except So according to the Congressional believe this is the minimum we should as provided in subparagraph (B), the Presi- Research Service, the issue of whether do. dent shall— the President alone can terminate a We should write into our Resolution (i) provide not less than 60 days advance treaty is an open question. This of Ratification a requirement in the notice of such action to the Committee on amendment does not intend to resolve absence of some national security rea- Armed Services and the Committee on For- that question. A second-degree amend- son that the President, whoever the eign Relations of the Senate; and ment, however, will be offered which President might be at the time, do give (ii) consult with the Senate on such action. us the notice and give us the oppor- (B) The President may waive a require- will address that issue. My amendment ment in subparagraph (A) if the President— does not. My amendment simply says— tunity to take whatever action or con- (i) determines that national security needs and it seems to me this is a very mod- sult as we deem might be appropriate prevent the President from meeting the re- est amount of protection for the Sen- relative to the issue of withdrawal or quirement; and ate’s constitutional responsibility in extension of this treaty prior to the ad- (ii) submits to the committees of the Sen- the treaty-making process—unless ministration making that decision giv- ate referred to in subparagraph (A) a written there is some national security reason ing that notice to the other party to notice of the waiver, including a description why you cannot give notice to the Sen- this treaty. of the national security needs and the rea- ate that you are intending to withdraw The amendment is consistent with sons justifying the waiver. what the administration says it is will- In section 3, strike declaration (6). or extend the treaty, give us 60 days’ ing to do. Secretary Powell stated: Mr. LEVIN. I will explain it at this notice so we can take whatever action we deem is appropriate, so we can give While it is the President who with- point. This amendment is straight- draws from treaties, the administra- forward. It says that prior to taking consultation and advice on the ques- tion of withdrawal or extension. It does tion intends to discuss any need to any action to extend or withdraw from withdraw from the treaty with the this treaty, the President shall provide not prevent the administration from extending or withdrawing from the Congress, to include the Senate For- not less than 60 days’ notice to the eign Relations Committee, prior to an- Senate and shall consult with the Sen- treaty. It does not—‘‘it’’ being my amendment—require Senate approval nouncing any such action. ate. That is a welcome statement of in- Now, what happens if there is some of extension, even though that is the policy and practice to date often as tent. We should incorporate that assur- national security need which prevents ance. We should enshrine that assur- the President from providing such no- elaborated by that study. It does not require Senate approval ance. We should embody that assur- tice or consultation? The amendment ance. Intentions and administrations foresees that possibility and has a of withdrawal from a treaty. It simply says the President shall notify and change. The obligation of this body to waiver provision in case there is some the Constitution endures. It is a sol- unforeseen national security need that consult with the Senate before extend- ing or withdrawing from the treaty. emn responsibility. It does not change. would prevent the President from im- The intention of the President or a new mediately requiring to notify and con- This amendment is consistent with what the Foreign Relations Committee President with new intentions changes. sult with the Senate. So there is con- Language of the Constitution, relative siderable flexibility given to the Presi- wrote in its report about the treaty relative to the issue of consultation on to what this body’s responsibility is dent if it is needed for national secu- relevant to treaties, is unchanging. rity reasons. arms control treaties. It is a very thor- ough report. The committee that we This amendment simply requires no- There has been a lot written about tification and consultation which Sec- whether or not the Senate must actu- have before us, on page 22, says the fol- lowing: retary Powell and the committee indi- ally ratify a withdrawal from a treaty. cate they want and would expect would The Senate and this committee have an in- There has been much debate on that happen. It simply assures that, in fact, subject. In a Congressional Research stitutional interest in the close observation of arms control negotiations and the success- in the absence of some national secu- treatise on treaties, written in 1993 and ful implementation of resulting agreements. rity need, which is unexpected, which then republished more recently with Past administrations have recognized that would permit a waiver of the notice re- the same language, this is what the Re- consultations with the Senate prior to tak- quiring that a President would notify search Service says about the issue of ing actions relating to assigning, amending, this body before withdrawal or exten- withdrawal from a treaty and the Sen- or withdrawing from such agreements may sion of a treaty would occur. ate role in that process, that the U.S. avert serious disagreements. The committee report concludes Constitution is silent with respect to On the specific question of with- that: Declaration (6), while not binding the power to terminate treaties. The drawal, the committee report says: on the President, is a formal request matter is not discussed in the debates Should it become necessary for a party that the executive branch maintain the of the Constitutional Convention in to withdraw from the treaty, article 4 consultation policy enunciated in the Philadelphia. Briefly: provides for 3 months’ notice of such a Secretary of State’s answer to the While the Constitution tells us who can decision. Events can well occur be- question—which I gave above that the make treaties, the President shall have the tween submissions of the annual report administration intends to discuss. That power, by and with the advice and consent of required in condition 2 that would war- is what the committee report says Dec- the Senate, to make treaties. rant informing and consulting with the laration (6) provides, which is in the It does not say who can unmake Senate. In any circumstance, the Sen- Resolution of Ratification. It is a re- them. As a consequence of the Con- ate would desire notification and con- quest to the executive branch. That is stitution’s silence in this regard, there sultation. not strong enough in terms of our obli- has been some confusion of doctrine So the parties, the two countries in- gations to the Constitution and to our upon this point and a variety in prac- volved, must give each other 3 months’ responsibility relative to the treaty- tice. notice prior to the withdrawal. But rel- making power. A little later on in this study, the ative to the Senate, the report simply If we want to really assure what we Congressional Research Service says says the Senate would desire notifica- are requesting is, in fact, part of the the same: Whether the President alone tion and consultation. operation of this treaty, we should in- can terminate a treaty’s domestic ef- I could not agree more with that clude in this Resolution of Ratification fect remains an open question. As a statement: ‘‘desire.’’ But it is not a condition which my amendment of- practical matter, however, the Presi- enough to say we desire a consultation. fers, which is that the President would

VerDate Jan 31 2003 03:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.008 S06PT1 S3224 CONGRESSIONAL RECORD — SENATE March 6, 2003 do what the committee said it really While I recognize that Declaration (6) It is clear to me, as it was to Thomas wants and really desires and really in the resolution before the Senate Jefferson, that the Senate has a con- urges, to use the words of the report, today urges the President to consult stitutional role to play in terminating and that is to notify, consult with the with this body prior to withdrawing treaties. Since the advice and consent Senate prior to taking action to with- from the Moscow Treaty, I am con- of the Senate is required to enter into draw from or extend a treaty. cerned that there is no specific require- a treaty, this body should at a min- I yield the floor. ment for such consultation. imum be consulted before the Presi- The PRESIDING OFFICER. The Sen- So, Mr. President, I send a second-de- dent makes the decision to withdraw ator from Wisconsin. gree amendment to the desk and I ask this country from a treaty, and espe- AMENDMENT NO. 253 TO AMENDMENT NO. 252 for its immediate consideration. cially from a treaty of this magnitude. Mr. FEINGOLD. I compliment the The PRESIDING OFFICER. The As Jefferson noted, a treaty is equal Senator from Michigan for his tremen- clerk will report. with a law. A law cannot be declared to dous leadership on this issue. The assistant legislative clerk read be repealed by the President alone. I rise today to add my thoughts to as follows: Only an Act of Congress can repeal a the debate on the first arms control The Senator from Wisconsin [Mr. FEIN- law. Action by the Senate or the Con- treaty between the United States and GOLD] proposes an amendment numbered 253 gress should be required to terminate a Russia during the 21st century, and to to amendment No. 252. treaty. Anything less could tip the offer an amendment that will reaffirm Mr. FEINGOLD. I ask unanimous scale dangerously in favor of the execu- the role of the Senate in the treaty ex- consent that reading of the amendment tive branch. tension and withdrawal process. be dispensed with. That said, I recognize it is unlikely When the Senate adopts this resolu- The PRESIDING OFFICER. Without that my amendment would be adopted, tion of ratification, as I expect that it objection, it is so ordered. or that the President would agree to will be a wide margin, the Moscow The amendment is as follows: move forward with this process if my Treaty will be on its way to becoming (Purpose: To modify the condition) amendment were included in this reso- the law of the land, and the Senate will At the end of the proposed condition, add lution of ratification, but I very much have fulfilled its constitutional respon- the following: thought we ought to make this point sibility to provide advice and consent (C) Prior to taking any action relevant to on the floor of this body that is to its ratification. paragraphs 2 or 3 of Article IV of the Treaty, charged by the Constitution with this As a member of the Foreign Rela- the President shall obtain the approval of tions Committee, I believe that we cov- two thirds of the Senators present. responsibility. It is a responsibility ered a lot of ground in the series of Mr. FEINGOLD. Mr. President, the which I believe was intended by the hearings that the Committee had to ex- second-degree amendment that I offer Founders, that we act specifically with amine this brief, 3-page document last today would add to the underlying a two-thirds vote to withdraw from a year, and that we explored a number of Levin amendment a provision that treaty. the concerns that I and a number of would require the President to obtain AMENDMENT NO. 253 TO AMENDMENT NO. 252, members of the Committee and of the the approval of two-thirds of the Sen- WITHDRAWN Senate have regarding the issues of ate before withdrawing from or extend- In light of the reality here, I now compliance and verification, the lack ing this treaty. withdraw my amendment. of a timetable for the reductions re- Mr. President, Article II, Section 2 of The PRESIDING OFFICER. The Sen- quired by the treaty, the fact that this the Constitution states that the Presi- ator has that right. The amendment is treaty does not require that any nu- dent ‘‘shall have the Power, by and withdrawn. Mr. FEINGOLD. Mr. President, I re- clear warheads actually be destroyed, with the Advice and Consent of the gret that this Treaty will move for- and a number of other important Senate, to make Treaties, provided ward without a requirement for a Sen- issues. that two thirds of the Senators present ate vote on its abrogation or extension, I continue to be troubled by the lan- concur....’’ guage contained in article IV of the The Senator from Michigan pointed but I do express my support for the Moscow Treaty regarding the process out in his remarks that the Constitu- amendment offered by the Senator by which one of the Parties may with- tion is silent on the process by which from Michigan, Mr. LEVIN, of which I draw from this treaty. I am concerned the United States can withdraw from a am pleased to be a cosponsor. I also that either of the Parties would be able treaty, and the record in the Congress want to thank the Senator for his work to withdraw with only 3 months’ writ- and the executive branch is mixed. on this important issue. ten notice and without a reason. And However, I believe and I think many The Levin amendment is consistent unlike other arms control treaties, the others believe the intent of the Fram- with my view that the Senate should— Moscow Treaty does not require that ers as explained by Thomas Jefferson is at a minimum—be consulted if the the Parties cite ‘‘supreme national in- clear. In section 52 of Jefferson’s Man- President decides to withdraw from or terest’’ upon announcing withdrawal. ual, he writes: extend this treaty in the future. I be- lieve that this is a step in the right di- In fact, this concept is not even men- Treaties are legislative acts. A treaty is tioned in article IV. the law of the land. It differs from other laws rection, and I urge my colleagues to As my colleagues may recall, I found only as it must have the consent of a foreign support the Levin amendment. the President’s decision to unilaterally nation, being but a contract with respect to I yield the floor. withdraw the United States from the that nation. The PRESIDING OFFICER. The Sen- 1972 Anti-Ballistic Missile Treaty last Article II, Section 3 of the Constitu- ator from Indiana. year troubling on both policy and con- tion states that the President shall: Mr. LUGAR. Mr. President, I rise in stitutional grounds. I discussed this take Care that the laws be faithfully exe- opposition to the amendment offered issue at some length with Secretaries cuted. . . . by the distinguished Senator from Powell and Rumsfeld during the For- Jefferson continues: Michigan. I do so reluctantly because of my high regard for the Senator and eign Relations Committee’s hearings Treaties being declared, equally with the on this treaty last year, and I am trou- laws of the United States, to be the supreme his work on arms control, which has bled by the administration’s conten- law of the land, it is understood that an act been indefatigable. His wisdom I re- tion that consultation with and ap- of the legislature alone can declare them in- spect. proval by the Senate would not be re- fringed and rescinded. This was accordingly As a rule, we are on the same side. I, quired to withdraw from the Moscow the process adopted in the case of France in however, wish to oppose the amend- Treaty. 1798. ment for the reasons I will relate in I agree with the Senator from Michi- It is worth noting, that four signers this testimony. I read, in my opening gan. The Senate has a constitutional of the Constitution were serving in statement yesterday, words that the role to play in treaty withdrawal, and Congress when this first treaty termi- Foreign Relations Committee ad- I am concerned that the administra- nation occurred—by an Act of Con- dressed to this issue in the Resolution tion is not taking seriously our role in gress—in 1798, just 11 years after the of Ratification. The Senator has ref- this process. Constitutional Convention. erenced that fact.

VerDate Jan 31 2003 03:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.032 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3225 It was drafted by us in an attempt to Carter’s termination of the Mutual De- that allows greater flexibility for each Party address concerns put forward by the fense Treaty with Taiwan. Senator to respond to unforeseen circumstances. Senator from Michigan, the Senator Goldwater’s challenge failed and the Indeed, as we have related in this de- from Wisconsin, and others regarding treaty was terminated. bate, the Moscow Treaty arose from a the treaty’s withdrawal clause con- The White House legal adviser has desire on the part of the United States tained in article 4. long argued that the President is the unilaterally to destroy its nuclear Our text is based on Secretary Pow- principal spokesman of the Nation in weapons and likewise a similar desire ell’s commitment to consult with the foreign affairs, and restrictions on that by the Russians. Finding these coinci- Senate should the President consider power have been strictly construed. dent interests, they have joined in this the utilization of the withdrawal provi- Given the absence of a textual basis treaty; nevertheless, there is no time- sion. conferring the termination power on table. Some critics have pointed out It is worth repeating, especially in another branch or an established prac- that the nature of this treaty is sub- light of the amendment offered today, tice derogating from the President’s stantially different. It is one that the answer Secretary Powell submitted termination power, it is difficult to en- comes from the volition of the two for the record on the issue of treaty vision such a role for the Senate. without specific verification proce- withdrawal. The Foreign Relations Proponents of a senatorial role in dures. Committee asked the Secretary: this process will often respond by sug- I do not view the withdrawal provi- What role will the Congress have in any de- gesting that the President cannot, on sions as a weakness in the treaty. In- cision to withdraw from this treaty? his own authority, terminate a treaty stead, I believe it is another manifesta- Will the administration agree to at least because it is the law of the land. Again, tion of the improved U.S.-Russian rela- consult closely with this committee— the White House suggests this is a fal- tionship. It should also be pointed out That is the Foreign Relations Com- lacy. A terminated treaty no longer that our bilateral relationship provides mittee— has effect in much the same way that us with some confidence that the time before making any such decision? a provision of a law or treaty found by and reasons for withdrawal would not The Secretary responded: the courts to be unconstitutional no necessarily relate to the agreement. As While it is the President who withdraws longer has effect. However, in neither the Secretary of State told the Com- from treaties, the administration intends to case is the law repealed. mittee: ‘‘The Moscow Treaty’s formu- discuss any need to withdraw from the trea- Historically, there is evidence of only lation for withdrawal reflects the like- ty with the Congress, to include the Senate one instance in which the Senate lihood that a decision to withdraw Foreign Relations Committee prior to an- sought by a resolution of advice and would be prompted by causes unrelated nouncing any such action. consent to limit the President’s con- either to the Treaty or to our bilateral This was a carefully considered an- stitutional power to terminate a trea- relationship. We believe this formula- swer of Secretary Powell for the ty. The first condition to the 1919 pro- tion more appropriately reflects our record. posed resolution of advice and consent much-improved strategic relationship Past Senate consideration of this to ratification of the Versailles Treaty with Russia.’’ issue has resulted in the view that one would have provided: In sum Mr. President, I was hopeful of the bases on which a President may Notice of withdrawal by the United States that our resolution of ratification terminate a treaty without congres- may be given by a concurrent resolution of would have resolved this issue. For the sional participation is when a decision the Congress of the United States. benefit of the Senate let me again read to withdraw is taken in conformity On that occasion, the Vice President the text of our resolution of ratifica- with the provisions of the treaty. The of the United States, Thomas Marshall, tion. Moscow Treaty, as it stands, provides addressing the Senate before the vote, Given the Senate’s continuing interest in for this. called the condition an unconstitu- the Treaty and in continuing strategic offen- sive reductions to the lowest possible levels I am aware of Senators’ concerns and tional limitation on the President’s arguments about the need to insert the consistent with national security require- powers, a view with which a number of ments and alliance obligations of the United Senate into the process. Many of the leading scholars of the day concurred. arguments we have heard about with- States, the Senate urges the President to The resolution failed to receive the re- consult with the Senate prior to taking ac- drawal stem from President Bush’s de- quired two-thirds vote and the question tions relevant to paragraphs 2 or 3 or Article cision to withdraw from the ABM Trea- has remained moot for the better part IV of the Treaty. ty. That decision was taken in full of a century—I might say, until today. This text was negotiated closely with compliance with the terms of the ABM Beyond the legal issues that underlie Administration officials with the goal Treaty. The President made no secret this debate, some have expressed con- of striking a compromise that would about his desire to do so, and Congress cern that article 4 differs from previous preserve Senate prerogatives while not held innumerable hearings and public arms control agreements in that it infringing upon the power provided to statements about the need to take the only requires 3 months’ notice and per- the President by the Constitution. I be- action. mits withdrawal based upon issues re- lieve we succeeded in doing so. I am sympathetic to arguments from lated to national sovereignty. Critics For these reasons, I oppose the Senators regarding the need to main- point out the START treaty allows the amendment, and I urge my colleagues tain Senate prerogatives. The process parties to withdraw after giving 6 to do so as well. governing termination and withdrawal months’ notice, and only ‘‘if it decides I yield the floor. is a point of constitutional debate. Al- that extraordinary events related to The PRESIDING OFFICER (Mr. though the Constitution assigns a spe- the subject of this Treaty have jeopard- CORNYN). The Senator from Delaware. cific role for the Senate in the treaty ized its supreme interest.’’ Mr. BIDEN. Mr. President, let me ratification process, it is silent on the The withdrawal clause is reflective of begin by saying I agree with the Sen- issue of treaty termination. Further- the changed nature of our relationship ator from Michigan as well as my col- more, nothing in the Constitution re- with Russia, not a desire to rob the league from Wisconsin in that I be- stricts the President from terminating Senate of its role in the treaty-making lieve—and, as the old joke goes, I have or withdrawing from a treaty on his process. As the administration’s arti- history to prove it—that the Senate own authority. cle-by-article analysis sent to the Sen- has in the treaty power in the treaty Presidents have consistently termi- ate with the treaty states—this is the clause of the U.S. Constitution an nated advice and consent treaties on analysis by the administration as it equal responsibility with the President their own authority since 1980. Twenty- submits the treaty: of the United States. three of the thirty treaties terminated As the old joke goes, if you want to during this period were bilateral; seven Unlike some other arms control agree- learn a subject, teach it. For the last 10 ments, the withdrawal clause is not tied to a of these treaties were multilateral, all Party’s determination that extraordinary years, I have been teaching a three- of them terminated by the President. circumstances jeopardizing its supreme na- credit course at the Widener University Prior to 1980, Senator Barry Gold- tional interests exist. Rather, the Moscow Law School on Saturday mornings on water of Arizona challenged President Treaty includes a more general formulation separation of powers issues. In one of

VerDate Jan 31 2003 03:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.036 S06PT1 S3226 CONGRESSIONAL RECORD — SENATE March 6, 2003 the three parts of the course, ‘‘What is I was asked by the press how I could gives us some guidance as to how the treaty power? And who has what au- not be willing to go to the wall on this Court might rule today. thority under the Constitution?’’ I issue since I was the guy who went to In Goldwater v. Carter—that was the come down clearly on the side that the the wall that resulted in the so-called case about withdrawing from the Tai- Senate has the authority to insist that Biden condition on interpretation of wan Treaty, when we recognized the any extension, or withdrawal, for that treaties, which was initially added to People’s Republic of China—the Su- matter, from a treaty be confirmed by the INF Treaty in 1988. There was a preme Court vacated a decision of the the Senate. We have a right to do that, simple reason. There was a lot more at Court of Appeals of the District of Co- I believe. But it is an open constitu- stake in that treaty in terms of the lumbia Circuit, a decision which had tional question. substantive impact upon the strategic affirmed the President’s power to uni- I will, unless we are ready to go to a balance and doctrine. We also had a laterally terminate a treaty. second amendment, be happy to take a circumstance where the administration By vacating the lower court ruling, few minutes and go through what I be- very much wanted that treaty. And it though, no legal precedent was left to lieve to be constitutional law and his- was an opportunity to set in law, in stand. The Supreme Court decision tory on this point. principle, the principles of treaty in- commanded no majority. Four Justices Let me cut through that for a mo- terpretation. invoked what I know my colleagues on ment and go to the place where I think So it was worth the fight, the stakes the floor and the Presiding Officer it is not worth the fight on this par- were high enough, and the administra- fully understand; they invoked what is ticular treaty. I believe this treaty is tion was not likely to reject the under- called the Political Question Doctrine so open ended and so, in some sense, lying treaty if it passed, which it did. and thereby decreed the case not a amorphous and rests so much upon not That is the practical distinction I matter for the courts. merely the goodwill—I assume good- would make. The fifth Justice held the case should will on the part of the administration— But let me speak just another 5 min- not be before the Supreme Court be- but on the intensity with which the ad- utes or so to the constitutional side of cause it was not ripe for judicial re- ministration believes this treaty this argument. Although it is not spec- view. should come to fruition that a provi- ified in the Constitution, I believe The only Justice who addressed the sion that marginally increases the sub- there is a concurrent power both the merits of the case, Justice Brennan, stance of the possibility of a sub- President and the Senate have; and held for the President’s power in that stantive outcome which I support— that is, the power with regard to the case because he thought termination of which is getting down to 1,700 or below termination of a treaty. the treaty with Taiwan was an act that 2,200—that to jeopardize this treaty Our history for over 200 years of prac- necessarily flowed from the recogni- that rests on an awful lot on good faith tice is, though, decidedly mixed. At tion of the People’s Republic of China. over a genuinely serious constitutional various times in our history, the Con- He argued further that recognition fight which I think someday has to be gress has directed or authorized the power is clearly held by the President resolved, that it is not worth the can- President to terminate a treaty. within the Constitution. dle on this treaty and may in fact in On a few occasions, the Senate alone The leading scholarly authority on turn, if we were to prevail—and I don’t has done that, terminated a treaty. the subject, the Restatement of For- think we have the votes to prevail, but The President has terminated a treaty eign Relations Law, of which the noted if we did prevail on this—would be suf- without prior congressional authoriza- scholar, Columbia Law Professor Lou ficient in my view for this administra- tion but then received subsequent ap- Henkin was a chief reporter, states: tion to not pursue through the treaty proval by the Congress and the Senate. ‘‘The President has authority unilater- mechanism this agreement. And the President has terminated trea- ally to suspend or terminate’’ a treaty I want to remind everybody, the ad- ties unilaterally. ‘‘in accordance with its terms, or to ministration made it clear from the For example, Presidents have done so make the determination that would outset that they did not want a treaty. with several commercial treaties in the justify . . . terminating or suspending They did not want to have to come first half of the 20th century. President an agreement because of its violation back to us with this treaty. Lyndon Johnson gave notice of his in- by another party or because of Because of the steadfastness of Sen- tent to have the United States with- supervening events.’’ The Restatement ator Helms, we agreed on the principle draw from a multilateral treaty on concludes that this power of the Presi- that we would insist that any agree- international aviation known as the dent is based upon his constitutional ment—we knew it was being negotiated Warsaw Convention. Although this no- power to conduct foreign relations.’’ in Moscow—be brought back before the tice was subsequently withdrawn, the The Restatement concedes, however, Senate. Foreign Relations Committee held that the Senate has concurrent author- So my concern is that this agree- hearings on the treaty at issue, and did ity, and it could circumscribe the ment, which the administration unilat- not challenge President Johnson’s President’s power by conditioning its erally and bilaterally supports—that power to withdraw from it. consent—which is what I understood in is, with the Russians or without the More recently, President Carter uni- the withdrawn amendment by my Russians, and they don’t really much laterally terminated the Mutual De- friend from Wisconsin—by conditioning care what we think about it anyway, fense Treaty with Taiwan in connec- its consent to that treaty on a require- whether it be in terms of a treaty— tion with diplomatic recognition of the ment that the termination clause only that they would be prepared to walk People’s Republic of China. President be exercised with the consent of the away from this over a genuine, legiti- Carter also gave notice of the termi- Senate, which I happen to think we mate, significant, constitutional issue nation of several other treaties, most have the power to do as well. and debate. related to immigration. President Clin- But without turning this into a sem- White House Counsel in this adminis- ton withdrew from multilateral agree- inar—which all of my colleagues under- tration and in Democratic administra- ments, including our membership in stand this full well; I am not educating tions who have suggested that Senator the United Nations’s Industrial Devel- anybody on this floor as to something FEINGOLD, Senator LEVIN, and I are opment Organization. they do not already know—without wrong about the prerogative of the The question of who has the power to going into any more of it, I believe the Senate, I suggest, would be inclined to terminate a treaty has never been de- Senate has concurrent power it could say to the President: You are going to finitively resolved by the Supreme exercise. do this anyway unilaterally—that is, Court. President Carter’s decision to I believe there will come a treaty move down to these ranges—you have terminate the Taiwan Treaty was chal- which is of such consequence that the said you are going to do it anyway; the lenged by several of our Republican Senate will determine it must exercise treaty is so loose, it doesn’t bind you colleagues, and that case reached the that power. But whether it is wise to much at all anyway; forget the treaty; Supreme Court. The Supreme Court de- do so as is done in the Levin-Feingold just proceed on this course, and don’t cision, though, does not provide much amendment is another matter, in my sign onto this principle on this fight. legal precedent, though perhaps it view.

VerDate Jan 31 2003 03:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.039 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3227 In closing, I think Senators LEVIN And ultimately, hopefully by the pro- Mr. BIDEN. It is the same word, but and FEINGOLD raise important legal visions we have in some of the declara- the need for precision in a nonbinding and substantive concerns. I think it tions, we will not stop at this treaty. declaration is a lot less important, in a would prompt, in this case—because it We will not stop at this methodology. judicial sense, than it is in a binding goes, in a sense, beyond this treaty the We will try to move on to everything, provision. That is the only point I was precedent we would be establishing—I including tactical weapons at some making. think it would prompt—and obviously I point down the road. Mr. LEVIN. The important fact is it don’t know—strong executive branch That is my reasoning, for what it is is not binding. opposition, and all done at this point worth. I am not going to support even Mr. BIDEN. Yes. to make a legal point. No matter how the less constitutionally controversial Mr. LEVIN. That is what it comes much I agree with it, it is to make a provision of the Levin-Feingold amend- down to. This is not an issue as to who legal point that does not substantively ment for the reasons I have stated. has the power to withdraw from a trea- have much impact here. I think it is I pledge to my colleagues, assuming I ty. Both the Senator from Indiana and really better made for a treaty of more am around and assuming we have the the Senator from Delaware make argu- substance and consequence than this opportunity, God willing, to be able to ments about that issue. That is not re- one. establish this principle on a really sig- solved in this amendment. Both of Let me make it real clear what I nificant agreement that we make, a their remarks address that issue, as did mean by that. I do not want to belittle mutual agreement or multilateral my remarks. I am the first one to ac- this treaty. I do not mean to imply it agreement with other parties in the knowledge that as a matter of fact the is of no value. But I think, quite frank- world that promotes everything from Constitution is silent with respect to ly, if we are to go to the point to take arms reduction to our interest, this the power to terminate treaties. That this to the wall, and we were to pass fight has to be made at some point. I is the quote I used before that came this amendment—and I realize it has just don’t think it is worth the candle from the Congressional Research Serv- been changed now; it is not as con- on this at this moment. ice. The Constitution is silent. There sequential as both the Senators would I yield the floor. has not been a resolution of this issue. have liked, because the Feingold provi- The PRESIDING OFFICER. The Sen- There is the Goldwater case that can sion has been withdrawn, and as much ator from Michigan. be interpreted as the Senator from Mr. LEVIN. Let me thank my col- as I would like it if we were going to Delaware did. We do not resolve that leagues for their comments. Some of set down a principle here, I think the issue in this amendment. This amend- what they say frankly amazes me and consequence of its passage, if it re- ment does not remove from the Presi- startles me. dent, nor does it purport to remove sulted in this administration walking How the administration could pos- from the President, the power to termi- away from this treaty, would do much sibly walk away from this treaty be- more harm than any possible good cause a Resolution of Ratification con- nate or extend a treaty. That issue is a could be done by our adopting this tains the requirement that they give us major constitutional issue. I cannot believe, and I did not hear amendment. 60 days’ notice before withdrawing, that either of our colleagues suggested, The point made by the chairman is when in fact they say they are intend- that there is a constitutional problem we are no worse off constitutionally on ing to give us that notice, amazes me. with my amendment because my this unresolved, substantive issue be- The administration has represented to cause of the language unanimously the Senate by Secretary Powell that it amendment does not require the Presi- added in the committee. So essentially is their intention to discuss any need dent to get the advice and consent of what we are saying here—what I am to withdraw from the treaty with the the Senate to withdraw from the trea- saying here, and I think the chair- Congress. That is their intention. ty. My amendment simply says: Before man—and I am not suggesting he How it can be suggested they are you exercise your right to withdraw, should associate himself with my re- going to walk away from a treaty give 60 days’ notice to the Senate. I marks as to what the President’s and which simply puts into our ratification don’t think there is the slightest con- the Senate’s power is—but we are basi- resolution and embodies what they in- stitutional infirmity in simply pro- cally saying we have agreed to fight tend to do, anyway, is a complete mys- viding what the President says he in- this fight another day on another trea- tery to me. It raises the question, are tends to do and what the committee ty at another time. they serious about that intention? says is desirable be done in the lan- How do you define in treaty language Can’t we take them seriously? Can’t we guage of the committee ratification what ‘‘consult’’ means? In declaration assure ourselves that maybe the next resolution, that we urge a formal re- 6, we use the term ‘‘consult,’’ but it administration, because it might not quest that the executive branch con- needs much less specificity there be- have the same intention, should be sult with the Senate of the United cause it is even more vague. So I think bound by us? Do we have to leave this States. you build in confusion, difficult to de- requirement to give notice of with- There is no constitutional issue with fine, in even adding the Levin lan- drawal from a treaty up to the absolute my amendment. With the Senator from guage. discretion of an executive branch? That Wisconsin’s second-degree amendment, This is an uncomfortable position for is not protecting the constitutional which has been withdrawn, there was a me to be in, both intellectually and po- role and requirement and obligation very serious constitutional issue, one litically, to be not supporting this and responsibility of the Senate. which we could spend days on in the amendment. I want my colleagues to The question was raised by my dear Senate, as to whether or not we can re- understand why. I want to make it friend from Delaware about what the quire in a ratification resolution that clear, even though I agreed with the word ‘‘consult’’ means in the amend- the President obtain our consent to the chairman that I would not, as the ment. It means the same thing as in withdrawal from a treaty. That is a ranking member, support amendments the language which the Foreign Rela- major, massive constitutional issue. beyond what we had agreed to in order tions Committee has given us. In dec- That one has resonated around the to get this done, I want to make it laration 6 of the resolution, it says the country for a couple hundred years. clear to my Democratic colleagues, I Senate urges the President to consult That was not going to be resolved in am not in any way asking anyone to be with the Senate. We define ‘‘consult’’ this Resolution of Ratification. I hope bound by that. I am not trying to in the way the Foreign Relations Com- some day it is resolved in a lengthy de- speak for the Democrats on that issue. mittee defines it. bate. I am giving my best advice as to how I Mr. BIDEN. If the Senator will yield. But what I am proposing is simply think, for what it is worth, we can en- Mr. LEVIN. I am happy to. the most modest step to give some pro- hance the prospect that we really will, Mr. BIDEN. The difference is the dec- tection to the obligation and responsi- through this treaty, accomplish a mo- laration is not binding. bility of this institution relative to mentum that relates to reducing the Mr. LEVIN. That is the important treaty-making power, which is that we number of nuclear weapons each side difference. But the word is the same just be given notice, 60 days’ notice, has at its disposal. word. and consultation prior to a decision of

VerDate Jan 31 2003 03:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.041 S06PT1 S3228 CONGRESSIONAL RECORD — SENATE March 6, 2003 the President to withdraw from a trea- my amendment is defeated or accepted. The PRESIDING OFFICER. Is there ty. That power doesn’t change. What objection? I have not heard today, and I don’t changes, however, with this amend- Without objection, it is so ordered. believe that there is, a serious argu- ment, would be to say that the Senate, Mr. LUGAR. I thank the Senator ment that my amendment raises con- as part of its treaty obligation and re- from Michigan for that suggestion. stitutional issues. As a matter of fact, sponsibility, wants to be informed I will conclude by indicating that the almost by definition, it cannot, since prior to the withdrawal from or exten- Senator from Michigan and the Sen- the President says he is intending to sion of a treaty that the executive ator from Wisconsin proposed a serious consult with us and since the com- branch enters into. constitutional issue. At the initiation mittee says it is desirable that he do That is, again, a summary of the of this debate, I indicated that this is so. amendment. I hope, even though obvi- not a settled law. I also argue that this I have not heard that argument. ously the leaders of the Foreign Rela- is not the treaty on which to attempt Again, I don’t believe it could be a seri- tions Committee oppose this for the to settle. There has been precedent—at ous argument, that we could simply reasons they give—and I don’t think least in terms of activity that both the not do what this amendment does, there are two Members of the Senate distinguished Senator from Delaware which is to require that there be 60 for whom I have greater respect than and I have decided. I pointed out 30 days’ notice and consultation. these two Members. We have worked treaties terminated by the President But how the suggestion could be together on these issues. Senator since 1980. This is a lot of treaties. made that the President would walk LUGAR, Senator BIDEN, and I have That has been the regular practice. away from this treaty if the Resolution worked together on so many issues I referred to a debate on this issue in- of Ratification contains language that over the years that I have lost count. dicated in 1919 on the Versailles Treaty embodies what the intention of the ad- My respect and regard for them is on which the Vice President of the ministration is to do anyway, and what boundless. But I think this is an issue United States addressed the Senate. the committee is urging the adminis- of important principle that the Senate The Senate did not come up with a tration to do anyway, is a complete should address—whether or not we two-thirds vote to change the fact that mystery to me. That one befuddles want to be given notice before a Presi- the Constitution is silent. me—the idea that this administration, dent withdraws from this treaty that I accept the fact that the Senator which has proposed and signed this we are about to ratify, hopefully. from Michigan pointed out at some treaty, would walk away from the trea- Mr. President, I yield the floor. point in our history—and I think the ty if the Senate says in a ratification The PRESIDING OFFICER. The Sen- Senator from Delaware made the same resolution that the administration will ator from Indiana is recognized. point—we may want to have this de- give us the same notice that the ad- Mr. LUGAR. Mr. President, again, I bate, but I hope not on this treaty at ministration says it intends to give us. will simply say that in our Resolution this time, given the assurance by the of Ratification—and this is what we That one, it seems to me, is not a cred- Secretary of State, and likewise by the have before the Senate now: ible argument. committee, in our article 4 to this trea- So there is going to be disagreement Given the Senate’s continuing interest in ty. as to whether or not the Senate has the the treaty and in continuing strategic offen- For the benefit of Senators, there are sive reductions to the lowest possible levels about 26 minutes left and, essentially, power to put in a ratification resolu- consistent with national security require- tion a provision that the President ments and the alliance obligation of the we will leave it to the Chair how that must, before extension or withdrawal, United States, the Senate urges the Presi- should be divided. get the approval of the Senate. If that dent to consult with the Senate prior to tak- I yield the floor. were part of my amendment, I could ing action relevant to paragraphs 2 or 3 of The PRESIDING OFFICER. Who understand why there would be a mas- article 4 of the treaty. yields time? Mr. BIDEN. Mr. President, I have a sive debate over that issue—mainly be- It seems to me the language is clear. minor point, but the RECORD should be tween the White House, which I think We have spelled it out. In addition, we clarified. When I was referring to what would say no way, and many Members have had testimony and have queried my friend from Michigan said about of the Senate would say that is the Secretary Powell regarding his inter- the difference between the declaration only way we can protect the constitu- pretation of the role of the Congress, and his condition—one being binding, tional obligation of the Senate. But and he has assured us that there would one not—I referred to the word ‘‘con- that is not this amendment. That was be consultation. sult.’’ It goes beyond that. The ambig- the Feingold amendment, which was Mr. LEVIN. Will the Senator yield uous language really is in the declara- withdrawn. for a question? tion. In his proposal is ‘‘any action rel- This amendment walks a middle road Mr. LUGAR. Yes. Mr. LEVIN. This is a procedural in- evant’’ to paragraphs 2 or 3 of article 4 and says we want to get a commitment quiry. We are trying to determine—to of the treaty, which is the action rel- in this resolution that we be given the assist a colleague who has an urgent, evant to the extension or withdrawal— notice and consultation which the ad- unusual need—if we can set a time on that is the language that was taken by ministration says it intends to give us. this amendment at 4:05; would that be him, properly so, from the declaration, It cannot bind future administrations. amenable? I hate to interrupt my and that is the part that is ambiguous, This administration—I don’t have any friend. not the word ‘‘consult.’’ doubt—intends to do what it says it in- Mr. LUGAR. Yes, that would be very At any rate, it is a distinction with- tends to do. Secretary Powell says he satisfactory. In fact, I even will pro- out a great difference. intends to give notice. I take him at pose a time sooner than that if that is I suggest the absence of a quorum. his word. He is an honorable man. But in the realm of the possible. The PRESIDING OFFICER. The administrations come and go and in- Mr. LEVIN. That is what is difficult. Chair advises the Senator from Dela- tentions change with future adminis- The earlier we are able to set a time, ware does not control the time and trations. That is the relevance of this the earlier we will be able to vote. If we cannot suggest the absence of a amendment—to put in our ratification set it 10 minutes from now, it would quorum. The Senators from Indiana resolution what the committee says is have to be 4:15 instead of 4:05. and Michigan control time under the desirable, and what the committee says Mr. LUGAR. Let me make a proposal order. it urges the administration to do, and and, in fact, offer a unanimous consent Mr. LUGAR. I suggest the absence of what the administration says it in- at this time to that effect. a quorum equally divided. tends to do, and about which I have not I ask unanimous consent that the The PRESIDING OFFICER. The heard a constitutional argument, for vote in relation to the Levin amend- clerk will call the roll. good reason, because here we are not ment No. 252 occur at 4:05 today, and The senior assistant bill clerk pro- limiting the power of the President to that the time until then be equally di- ceeded to call the roll. withdraw from a treaty. vided in the usual form; further, that Mr. LEVIN. Mr. President, I ask The President has the same power to no second-degree amendments be in unanimous consent that the order for withdraw from a treaty before or after order prior to the vote. the quorum call be rescinded.

VerDate Jan 31 2003 03:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.043 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3229 The PRESIDING OFFICER. Without The result was announced—yeas 44, Mr. AKAKA. Madam President, this objection, it is so ordered. nays 50, as follows: amendment is the result of several AMENDMENT NO. 252, AS MODIFIED [Rollcall Vote No. 41 Ex.] hearings I chaired in the Governmental Mr. LEVIN. Mr. President, I believe YEAS—44 Affairs Subcommittee on International the yeas and nays have not been or- Akaka Durbin Levin Security and Proliferation on the im- dered. I modify my amendment by Baucus Edwards Lieberman portance of Nunn-Lugar Cooperative striking the word ‘‘any’’ on line 5 and Bayh Feingold Lincoln Threat Reduction assistance to na- striking the word ‘‘relevant’’ on line 5 Bingaman Feinstein Mikulski tional security. Boxer Harkin Murray The collapse of the Soviet Union left and substituting the word ‘‘pursuant’’ Breaux Hollings Nelson (NE) for the word ‘‘relevant’’ on line 5. The Cantwell Inouye Pryor stockpiles of nuclear weapons and ma- modification is at the desk. Carper Jeffords Reed terials vulnerable to theft and diver- Clinton Johnson Reid sion. The Nunn-Lugar legislative ini- The PRESIDING OFFICER. Without Conrad Kennedy Rockefeller objection, the amendment is so modi- Corzine Kerry tiative of 1991 established several Sarbanes Daschle Kohl threat reduction programs in the De- fied. Schumer The amendment (No. 252), as modi- Dayton Landrieu partments of Defense and Energy to Dodd Lautenberg Stabenow fied, is as follows: Dorgan Leahy Wyden help dismantle weapons of mass de- At the end of section 2, add the following struction or improve their security. new condition: NAYS—50 These programs, along with others in (3) NOTICE AND CONSULTATIONS PRIOR TO Alexander Crapo McCain the State Department, are critical to WITHDRAWAL OR EXTENSION.—(A) Prior to Allard DeWine Murkowski preventing the proliferation of weapons Allen Dole Nelson (FL) taking action pursuant to paragraphs 2 or 3 of mass destruction or the diversion of of Article IV of the Treaty, and except as Bennett Ensign Nickles Biden Enzi provided in subparagraph (B), the President Roberts material to terrorists. Bond Fitzgerald Santorum U.S. nonproliferation activities have shall— Brownback Frist (i) provide not less than 60 days advance Sessions accomplished a great deal. With Amer- Bunning Graham (SC) Shelby notice of such action to the Committee on Burns Grassley ican assistance, all nuclear weapons Snowe Armed Services and the Committee on For- Campbell Gregg Specter have been removed from Ukraine, Chafee Hagel eign Relations of the Senate; and Stevens Kazakstan, and Belarus. Our non- Chambliss Hatch (ii) consult with the Senate on such action. Sununu proliferation programs also prevent the (B) The President may waive a require- Cochran Hutchison Coleman Inhofe Talent recruitment by terrorists or other ment in subparagrah (A) if the President— Thomas (i) determines that national security needs Collins Kyl countries of WMD scientists and engi- Cornyn Lott Voinovich neers. prevent the President from meeting the re- Craig Lugar Warner quirement; and The CTR and other nonproliferation (ii) submits to the committees of the Sen- NOT VOTING—6 programs are making progress but face ate referred to in subparagraph (A) a written Byrd Graham (FL) Miller a new set of responsibilities in light of notice of the waiver, including a description Domenici McConnell Smith the Moscow Treaty. The Russian Fed- of the national security needs and the rea- Mr. LUGAR. Madam President, I eration intends to reduce and destroy sons justifying the waiver. In section 3, strike declaration (6). move to reconsider the vote and move various weapons systems with U.S. as- sistance under the CTR and other non- Mr. LEVIN. I suggest the absence of to lay that motion on the table. proliferation programs. a quorum. The motion to lay on the table was I strongly support language in the The PRESIDING OFFICER. The agreed to. Moscow Treaty that directs the Presi- clerk will call the roll. AMENDMENT NO. 254 The senior assistant bill clerk pro- Mr. AKAKA. Madam President, I dent to ‘‘submit to Congress . . . a re- ceeded to call the roll. have an amendment I send to the desk. port and recommendations on how Mr. BIDEN. Madam President, I ask The PRESIDING OFFICER. The United States Cooperative Threat Re- unanimous consent that the order for clerk will report the amendment. duction assistance to the Russian Fed- the quorum call be rescinded. The assistant legislative clerk read eration can best contribute to enabling The PRESIDING OFFICER. Without as follows: the Russian Federation to implement objection, it is so ordered. The Senator from Hawaii [Mr. AKAKA] pro- the Treaty efficiently. . . .’’ Mr. LEVIN. Madam President, I ask poses an amendment numbered 254. In November 2001, President Bush and President Putin met to discuss his- unanimous consent Senator KENNEDY Mr. AKAKA. Madam President, I ask toric cuts to the nuclear stockpiles in be added as a cosponsor to the amend- unanimous consent that further read- the U.S. and in Russia. This discussion ment, and I ask for the yeas and nays. ing of the amendment be dispensed led to the Moscow Treaty before us The PRESIDING OFFICER. Without with. today. objection, it is so ordered. The PRESIDING OFFICER. Without Is there a sufficient second? After the first day of that summit, objection, it is so ordered. President Bush remarked that: There is a sufficient second. The amendment is as follows: The question is on agreeing to the [o]ur highest priority is to keep terrorists amendment. The clerk will call the (Purpose: To specify information to be in- from acquiring weapons of mass destruction cluded in the annual report on the role of . . . we will strengthen our efforts to cut off roll. Cooperative Threat Reduction and non- The assistant legislative clerk called every possible source of biological, chemical, proliferation assistance under condition 1 and nuclear weapons material and expertise. the roll. in section 2) The CTR and other nonproliferation Mr. FRIST. I announce that the Sen- At the end of the last sentence of condition ator from New Mexico (Mr. DOMENICI), 1 in section 2, strike the period and insert programs are the primary means we the Senator from Kentucky (Mr. the following: ‘‘, and shall include— have to prevent weapons, weapon-usa- MCCONNELL), and the Senator from Or- ‘‘(A) an estimate of the funding levels re- ble materials, and expertise in the Rus- egon (Mr. SMITH) are necessarily ab- quired in the fiscal year following the year of sian Federation from falling into the sent. the report to implement all Cooperative hands of terrorists. Secretary of State Mr. REID. I announce that the Sen- Threat Reduction programs and other non- Powell said, in testimony before the ator from West Virginia (Mr. BYRD), proliferation programs relevant to the Trea- Senate, that the CTR program will be the Senator from Florida (Mr. ty and ensure that nuclear weapons, mate- used to ‘‘make warhead storage facili- rials, technology, and expertise in the Rus- GRAHAM), and the Senator from Geor- sian Federation are secure from theft and di- ties more secure. Such U.S. assistance gia (Mr. MILLER), are necessarily ab- version; and will also increase the security of the sent. ‘‘(B) a description of any initiatives pro- Russian warheads made excess as pro- I further announce that, if present posed by the President to address any matter vided in the Moscow Treaty.’’ and voting, the Senator from West Vir- covered by subparagraph (A) in order to im- The goals of the CTR and other non- ginia (Mr. BYRD) would vote ‘‘aye’’. prove the implementation or effectiveness of proliferation programs are vital to na- The PRESIDING OFFICER (Ms. COL- the Treaty.’’. tional security. Getting there will be LINS). Are there any other Senators in The PRESIDING OFFICER. The Sen- difficult. We must provide these pro- the Chamber desiring to vote? ator from Hawaii. grams with the funding necessary to

VerDate Jan 31 2003 04:08 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.047 S06PT1 S3230 CONGRESSIONAL RECORD — SENATE March 6, 2003 accomplish their important and chal- tion so that the annual report on non- level administration support for these lenging task. proliferation programs includes two non-proliferation programs for years. I have joined my friend and col- important pieces of information. First, For this reason, I was considering of- league, Senator LUGAR, in supporting the report would include an estimate of fering an amendment to include fund- adequate funding and high-level admin- funding levels necessary for the CTR ing estimates needed to assist Russia istration support for these programs and other non-proliferation programs meet its obligations under the Moscow for years. For this reason, my amend- relevant to the Treaty to ensure that Treaty. It is important that Congress ment would ensure funding estimates nuclear weapons, materials, tech- know how the CTR and non-prolifera- are included in this annual report on nology, and expertise in the Russian tion programs can be used to help the CTR contributions to Russian imple- Federation are secure from theft and Russian Federation with its Treaty ob- mentation of the Moscow Treaty. It is diversion. Second, the report would in- ligations and how best to fund these important that Congress know how the clude a description of any initiatives programs to meet Treaty obligations. CTR and nonproliferation programs proposed by the President for the CTR Does my colleague believe it would be can be used to help the Russian Federa- or other non-proliferation programs useful if such information was provided tion with its treaty obligations. It is that will improve the implementation to Congress? equally important for Congress to or effectiveness of the Treaty. I under- Mr. LUGAR. Yes, I agree that such know what these programs require to stand through my conversation with information is useful. However I be- realize their full potential for enhanc- the chairman of the Foreign Relations lieve that this information already is ing security. Committee that, while he appreciates provided as part of the overall CTR an- AMENDMENT NO. 254, WITHDRAWN my concerns and reasons behind my nual report to Congress by the Depart- Madam President, I have had discus- amendment, it should not be included ment of Defense and annual reports by sions with the distinguished chairman in the resolution before us. other non-proliferation programs. Spe- concerning my amendment. He has U.S. non-proliferation activities have cifically, the CTR annual report con- given me assurances that the intent of accomplished a great deal. With Amer- tains funding levels for individual my amendment will be covered in the ican assistance, all nuclear weapons projects as well as five-year cost esti- report mentioned in condition 1 and have been removed from Ukraine, mates. other reports already required by Con- Kazakhstan, and Belarus. Our non-pro- I understand my colleague’s concern gress. For this reason, I withdraw my liferation programs also prevent the re- that this report does not address Trea- amendment, and Senator LUGAR and I cruitment by terrorists or other coun- ty-specific programs. The report re- will enter into a colloquy on this issue. tries of WMD scientists and engineers. quired in the resolution of ratification The PRESIDING OFFICER. Without Mr. LUGAR. I agree with my friend. could lay the groundwork for future objection, it is so ordered. The amend- The CTR and other non-proliferation cost and program requirements for ment is withdrawn. programs are making progress but face non-proliferation that perhaps can be The Senator from Indiana. a new set of responsibilities in light of addressed in the Defense authorization Mr. LUGAR. Madam President, I the Moscow Treaty. The Russian Fed- bill. thank the distinguished Senator from eration intends to reduce, destroy, and Mr. AKAKA. As a member of the Sen- Hawaii for his very important thoughts account for various weapons systems, ate Armed Services Committee, I look about threat reduction and about our materials, and expertise with U.S. as- forward to the opportunity to work mutual quest and support. Mr. AKAKA. I thank my friend, the sistance under the CTR and other non- with you in defining the amount and Senior Senator from Indiana, for this proliferation programs. For this rea- extent of information we need to ade- opportunity to discuss with him the son, the Foreign Relations Committee quately fund and support these impor- Cooperative Threat Reduction and included Condition One to the Treaty tant programs. I also understand your other non-proliferation programs and to require the President to submit to desire to keep paperwork and reporting their importance to effective imple- Congress an annual report and rec- requirements to a minimum for the mentation of the Moscow Treaty. ommendations on how Cooperative small but hardworking staff of the CTR I have chaired several hearings in the Threat Reduction assistance can best program. Accurate and timely report- Governmental Affairs Subcommittee help the Russian Federation implement ing of this information is crucial for on International Security, Prolifera- the Treaty efficiently and maintain the proper congressional oversight of these tion, and Federal Services, and under- security and accurate accounting of its programs. It is my hope that the ad- taken several studies, on the impor- nuclear weapons and weapons-usable ministration understands my concerns. tance of the Nunn-Lugar Cooperative components and material. In November 2001 President Bush re- Threat Reduction. Because of this Mr. AKAKA. I strongly support this marked that ‘‘[o]ur highest priority is work it was my intent today to offer an language. The Committee Report on to keep terrorists from acquiring weap- amendment to the Moscow Treaty to the Moscow Treaty states that this re- ons of mass destruction . . . we will expand the report on Cooperative port will include ‘‘the role of Coopera- strengthen our efforts to cut off every Threat Reduction and non-prolifera- tive Threat Reduction and non- possible source of biological, chemical, tion programs contained in the rec- proliferation assistance.’’ Am I correct and nuclear weapons material and ex- ommended resolution of ratification by in my interpretation that the annual pertise.’’ I know my friend shares my including funding requirements. report will include the contribution of respect for the CTR and other non-pro- As my colleague knows, the collapse both the Department of Defense CTR liferation programs that are the pri- of the Soviet Union left stockpiles of program and other programs that are mary means we have to prevent weap- nuclear weapons and materials vulner- relevant to Treaty implementation and ons, weapons-usable materials, and ex- able to theft and diversion. The Senate security and accounting of nuclear pertise in the Russian Federation from and the Nation have benefited from the weapons and materials? falling into the hands of terrorists. Senior Senator’s leadership in the Mr. LUGAR. Yes, this report is in- The goals of the CTR and other non- Nunn-Lugar legislative initiative of tended to establish the rationale for all proliferation programs are vital to na- 1991 that established threat reduction U.S. non-proliferation programs insofar tional security. Getting there will be programs in the Departments of De- as they can be used to help Russia dis- difficult. I know that by working to- fense and Energy to help dismantle mantle weapons or assure the security gether we can provide these programs weapons of mass destruction or im- of those weapons and of the fissile ma- with the funding necessary to accom- prove their security. These programs, terial in them. The report also will in- plish their important and challenging along with others in the State Depart- clude the amount of CTR assistance task. ment, are critical to preventing the that the Russian Federation will need The PRESIDING OFFICER. The Sen- proliferation of weapons of mass de- to meet its obligations under the Trea- ator from Rhode Island. struction or the diversion of material ty. Mr. REED. Madam President, I rise to terrorists. Mr. AKAKA. That is good to hear. I to express my support for the Strategic My amendment would amend Condi- have joined with my friend in advo- Offensive Reduction Treaty, otherwise tion One in the Resolution of Ratifica- cating for adequate funding and high- known as the Moscow Treaty, which

VerDate Jan 31 2003 03:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.050 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3231 was signed by President Bush and suitcase weapons, often discussed in transparency measures taken or pro- President Putin on May 24, 2002. This the press, which are the ones that are posed by each party, and actions taken treaty is important because it signifies most mobile, most difficult to trace or proposed to improve the implemen- that Russia and the United States are and detect. And the treaty does not tation and effectiveness of the treaty. committed to and cooperating on the deal with these weapons at all. There are also several nonbinding reduction of nuclear weapons. It car- In addition, the Moscow Treaty effec- declarations, most of which request re- ries the weight of law and will remain tively ends START II, which I will dis- ports to Congress and encourage the in force for a decade. It is also impor- cuss in more detail later, which means President to continue to work to re- tant because it binds the United States that Russia will likely keep its weap- duce nuclear weapons. These condi- and the Russian Federation to each re- ons MIRV’d, meaning they will have tions and declarations make the treaty duce the number of operationally de- multiple warheads on their weapons. more substantial and, I believe, more ployed strategic weapons to between Since MIRV’d weapons are fewer and effective. 1,700 and 2,200 by the end of 2012. more vulnerable, it increases the per- I will support this treaty strength- Presently, the United States has ap- ceived need for a first strike. ened by this resolution. I want to say proximately 6,000 nuclear weapons and Another shortcoming of the Moscow to the administration, however, that the Russian Federation has almost Treaty is that it includes no this is simply not enough. The rise of 5,500 nuclear weapons. The Moscow verification procedures. START I rogue nations and rogue nonstate ac- Treaty is a step forward, reducing the verification procedures will remain in tors, has made the threat of prolifera- danger of large numbers of operation- place until 2009. But there was never tion even more urgent. One of the leg- ally deployed nuclear weapons. This agreement between the parties about acies of the cold war is the abundance treaty is a good step, but it is only a which, if any, procedures could be used of nuclear weapons and fissionable ma- small step. Much more must be done. in the Moscow Treaty. Discussion of terial that is no longer under the clear Russia entered into negotiations seek- verification procedures is supposed to control of the Russian Federation or ing a legally binding document that continue, but the administration re- other former states of the Soviet would limit strategic nuclear war- cently stated: We have determined that Union. Moreover, many of these nu- heads, and in their words ‘‘provide specific additional transparency meas- clear weapons are housed in nations transparency and predictability’’ by ures are not needed and will not be which are struggling economically and containing definitions, and counting sought at this time. are susceptible to offers from rogue ac- and elimination rules that resembled I also believe the treaty withdrawal tors to acquire these materials. those in the START Treaties. Ulti- provisions are too lax. Parties can As Graham Allison of Harvard, mately, Russia wanted to ensure that withdraw from the Moscow Treaty former dean at the Kennedy School, this process would be irreversible; in with 3-months notice without giving stated: their words, that it would ensure the any reason. This means a party needs The single largest threat to American lives ‘‘irreversibility of the reduction of nu- no compelling reason to stop com- and liberties going forward for the next dec- clear forces.’’ plying with the terms of this treaty. ade is terrorism, particularly terrorism with This administration, however, had Finally, the terms of this treaty weapons of mass destruction. The one that I different goals. Russia had to convince must be met by December 31, 2012, but have been most concerned about is loose the United States to sign a legally that is the day the treaty expires. It is nukes. binding document rather than a less possible that it could be extended, but We must do everything possible to formal exchange of letters. The United another agreement would have to be counter proliferation through protec- States rejected any limits and count- reached to do that. On the other hand, tion, containment, and interdiction. In ing rules that would have required the it could also lapse so the parties could 1991, former Senator Sam Nunn and elimination of delivery vehicles and raise the numbers of operationally de- Chairman RICHARD LUGAR recognized warheads, stating that it wanted flexi- ployed warheads above 2,200 on Janu- the risk presented by the proliferation bility to reduce its forces at its own ary 1, 2013. In effect, they could go of weapons of mass destruction. They pace and to restore warheads to de- through the term of the treaty without created—history will record this—one ployed forces if conditions warranted. significant reductions, let the treaty of the most important initiatives that So while this treaty changes the status lapse, and nothing would have been af- has been seen in this Senate, in this of some operationally deployed war- fected by the treaty. I hope certainly country in many years; that is, the heads, it does not require the disman- that doesn’t happen. counterproliferation program, the co- tling of a single weapon. Once this I commend my colleagues on the Sen- operative threat reduction program. treaty is fully implemented, the United ate Foreign Relations Committee, Sen- The programs they established in the States will still have approximately ator LUGAR and Senator BIDEN. They Department of State, the Department 6,000 nuclear weapons. There will just have done a remarkable job of adding of Energy, and the Department of De- be more weapons in storage. And simi- some detail to the treaty. fense, have had significant success in larly, the Russians could have approxi- The resolution we are considering preventing the proliferation of weapons mately 5,500 nuclear weapons, but they today contains two important condi- of mass destruction. Through these would be nonoperational according to tions. The first condition requires a re- programs, the United States has se- the lines of this treaty. port and recommendation on how coop- cured tons of nuclear materials in the The treaty does not bind either party erative threat reduction assistance to former Soviet Union; helped deacti- to any schedule for deactivation. It the Russian Federation can best con- vate, dismantle, or destroy thousands only requires that cuts be completed tribute to the efficient implementation of Russian nuclear weapons and deliv- by December 31, 2012, the day the trea- of the treaty and maintain the security ery systems; and helped provide em- ty expires. This means that either side and accurate accounting of Russia’s ployment for hundreds of Russian sci- can stop or even reverse the reduction nuclear weapons and materiel. As I will entists and engineers with expertise in process over the decade as long as both discuss in detail later, the CTR pro- building nuclear, chemical, or biologi- parties comply by the final date of the gram is the most effective tool to cal weapons, who otherwise might be treaty. counter proliferation, and we must do tempted to sell their expertise to un- The treaty does not specifically ad- all we can to maintain it. friendly nations or terrorist organiza- dress the problems of tactical nuclear Secondly, the resolution requires an tions. This is an extraordinary accom- weapons or MIRV’d ICBMs. The num- annual implementation report which plishment, but so much needs to be ber of Russian tactical nuclear weap- will include, among other items, a list- done in addition. ons is believed to be between 8,000 and ing of strategic nuclear weapons force Even though only about $1 billion of 15,000, while the United States has ap- levels for both parties, a detailed de- the $400 billion defense budget is annu- proximately 2,000. Russian tactical nu- scription on strategic offensive reduc- ally allocated to support these pro- clear weapons are subject to fewer safe- tions planned by each party for the grams, they have been among the most guards and are more prone to theft and current year, and how these reductions successful of all nonproliferation ef- proliferation. These are the proverbial will be achieved, verification and forts undertaken by this country.

VerDate Jan 31 2003 03:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.064 S06PT1 S3232 CONGRESSIONAL RECORD — SENATE March 6, 2003 Given the success of the programs, it is operation, I believe it is necessary, es- conduct a nuclear weapons test, reduc- difficult to understand why securing pecially in the area of arms control re- ing that time period from 36 months to adequate funding has been a significant gimes, to have a multilateral approach. 18 months, essentially leaning further challenge in the Bush administration. A report by the Rand Corporation to forward to the possibility of resuming I also want to add my voice to those the then-President-elect Bush pointed nuclear tests. In addition, the Bush ad- of my many colleagues who believe the out: ministration sought $15.5 million in its United States and the international Without our democratic allies, many fiscal year 2003 request for a robust nu- community are capable of doing, and emerging global issues will likely prove to be clear earth penetrator to use against must do, much more in this regard. Let beyond our ability to manage, but together hardened and deeply buried targets. me quote once again from the expert, with them, the United States will gain un- This RNEP would modify an existing paralleled ability to respond to tomorrow’s Senator LUGAR, who in his article in nuclear weapon with yields up to a the December 2002 issue of Arms Con- demands and shape the future. megaton. Despite the fact that the fis- trol Today, said: Regrettably, the Bush administra- cal year 2003 National Defense Author- It is critical that the United States lead in tion has demonstrated a distrust of ization Act requires a report of the establishing a global coalition capable of ex- international organizations. plan for this weapon before funds are erting pressure on states to cooperate with Since President Bush took office, the released, there is an additional $15 mil- the safeguarding, accounting, and (where administration has withdrawn from the lion requested for this program in the possible) destruction of weapons and mate- ABM Treaty and walked away from fiscal year 2004 budget, indicating that rials of mass destruction. Given that a war is meaningful negotiations concerning the administration is still determined being contemplated with Iraq over the ques- START II. to try to develop this new variety of tion of their weapons programs, it is reason- Indeed, in the preamble and article 2 nuclear weapon. able to ask why more is not being done on a of the Moscow Treaty, the first Stra- global scale to control other proliferation There has also been a renewed inter- risks. tegic Arms Reduction Treaty is re- est in the development of small nuclear ferred to as START, not START I. weapons. Even though there is clearly I agree with the chairman. I also START II is evident only in its absence no military requirement for such a agree with his statement: from this treaty. weapon, again in its fiscal year 2004 We must not only accelerate dismantle- Assistant Secretary of Defense J. D. legislative proposal, the Department of ment efforts in Russia, we must broaden our Defense seeks the total repeal of a cur- capability to address proliferation risks else- Crouch has said: where and build a global coalition to support I think we have sort of moved beyond rent ban on research and development such efforts. START II. that could lead to production of a low- Clearly, undeniably, there is a lot of Many Russian officials have recog- yield nuclear weapon. DOD states that this law, in their work to be done in these programs, not nized what appears to be the inevi- words, ‘‘has negatively affected U.S. the least of which is to make up for tability of this and indicated they are Government efforts to support the na- time lost to these programs over the considering START II dead—meaning that Russia is no longer obligated to tional strategy to counter weapons of past 2 years. mass destruction and undercuts efforts The Bush administration put most of eliminate its MIRV’d ICBMs. that could strengthen our ability to the nonproliferation programs on hold We must recognize that in many deter, or respond to, new or emerging during fiscal year 2001, in order to con- areas, including arms control, the United States cannot go it alone, and threats.’’ duct a review to determine the validity Frankly, this adds up to a very dis- we have to not only encourage but ac- of the programs. Luckily, most of the turbing path of legitimizing the use of tively work to create an international programs survived the review, and nuclear weapons in a world in which we coalition, particularly with respect to some were even strengthened; but little are dramatically concerned with the proliferation of these weapons and nu- progress was made as very little work possibility that Iraq is attempting to clear materials. was done during this yearlong review. obtain nuclear weapons, a world in I am also concerned that recent ac- Then, at the completion of the re- which the North Koreans are beginning tions by the United States seems to in- view, the fiscal year 2002, and all pre- to flaunt their ability to produce nu- dicate that while we talk about non- vious years, funds for the Nunn-Lugar clear weapons, in which India and Cooperative Threat Reduction Program proliferation in principle, in practice Pakistan are on the brink of conflict were frozen for over a year because the we seem to be somewhat ambivalent. with nuclear weapons. The idea that we Bush administration failed to make the This is exacerbated when it appears are lowering our own threshold to de- required certification to spend the that the U.S. is increasing the impor- ploy, to use, to consider in our doctrine money. tance of nuclear weapons in our defense the use of nuclear weapons is, I think, Just recently, these funds have been policy. an unfortunate and very dangerous ap- released as a result of waiver authority While the nonproliferation programs proach. These continued efforts, both included in the fiscal year 2003 Defense were being held up, the administration in the posture review, in requests for Authorization Act. This is waiver au- was working on a new nuclear posture new weapons, in requests to investigate thority that the Republicans in the review that would put more emphasis and do research on new types of nu- other body wanted to severely restrict on nuclear weapons. The December 2001 clear weapons, and this legitimacy for and limit to 1 year, but luckily, in the Nuclear Posture Review laid out a the use of nuclear weapons, will have end, the Senate was able to prevail and framework which includes maintaining profound and detrimental consequences provide an unrestricted waiver for 3 the current size of the nuclear weapons throughout the world. years. stockpile, not reducing it; blurring the It is extraordinarily difficult, if not These two events, the program re- distinction between nuclear offensive impossible, to urge other nations to view and the inability to certify, effec- strike and conventional offensive forswear the development and use of tively stopped the Nunn-Lugar pro- strike; introducing the notion that new nuclear weapons if we are so routinely grams for approximately 2 years. The nuclear weapons might be needed to talking about the development and use effectiveness of some of these programs meet changing security requirements; of nuclear weapons. This is a very dis- has clearly been inhibited, if not dam- holding open the possibility of resum- turbing development. aged. The challenge now is to work to ing nuclear weapons testing, either to We have to look at nonproliferation regain and then increase their effec- develop nuclear weapons, or to main- as part of our overall defense policy. tiveness. tain the current stockpile; supporting Advocating new or usable nuclear The sheer magnitude of the problem a robust nuclear weapons complex, not weapons destroys, inhibits, and dam- of proliferation dictates that we must just to implement the stockpile stew- ages the credibility of the United find an international consensus and ardship program, but to manufacture States as we seek to restrain the devel- work through multilateral arrange- hundreds of new plutonium pits per opment and deployment of nuclear ments. year, and to be able to design a new weapons. I hope that message comes Despite the bureaucracy and delay weapon if needed; and increase ‘‘test through in not only today’s discus- that accompanies international co- readiness’’—the level of readiness to sions, but in this treaty.

VerDate Jan 31 2003 03:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.066 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3233 I am also concerned with another as- The PRESIDING OFFICER. The sessment, and I find fault ultimately in pect of the current situation. We are clerk will report. this treaty. talking about our approach to Iraq as a The assistant legislative clerk read The Moscow Treaty promises to re- need to disarm Saddam before he ac- as follows: duce the deployed offensive weapons of quires nuclear weapons. Yet we have The Senator from Massachusetts (Mr. the United States and Russia to a moved rather gingerly and pushed over KERRY) proposes an amendment numbered range of between 1,700 to 2,200 each by to the United Nations the problem of 255. December 31, 2012. As far as the treaty North Korea which is on the verge of Mr. KERRY. Mr. President, I ask goes, that is the highlight. beginning to operate its reprocessing unanimous consent that the reading of I think, under certain circumstances, facilities, with the capability of build- the amendment be dispensed with. one would certainly say that reducing ing nuclear devices within months, if The PRESIDING OFFICER. Without its own number of deployed missiles is not weeks. objection, it is so ordered. a worthy goal and something we want I think this leads many people, and The amendment is as follows: to achieve, but in the world we live in not just those who follow these policy (Purpose: To provide an additional today, simply reducing their deploy- debates but most ordinary Americans, condition) ment, where they are sometimes under to wonder what is the difference. Why At the end of section 2, add the following better control than they are going to new condition: is the situation in Iraq so compelling, be if they are not deployed, it may, in (3) ANNUAL REPORTS ON MONITORING CAPA- even though there is little evidence fact, be taking a dangerous situation BILITIES.—(A) Not later than 60 days after and perhaps lending itself to the great- that Saddam is on the verge of pro- the exchange of the instruments of ratifica- ducing a nuclear weapon, that we en- tion of the Treaty, and annually thereafter er dangers of this particular moment of gage in a military conflict, while, on on May 1, the President shall submit to the history. the other hand, when there is glaring Committee on Foreign Relations, the Com- In my assessment, regrettably, the evidence of the ability of the North Ko- mittee on Armed Services, and the Select treaty amounts to little more than a reans to produce such a weapon, we Committee on Intelligence of the Senate an series of missed opportunities. Let me estimate, prepared by the Director of Central have moved this along into the cat- be precise about that point. Intelligence, on the capability of the United It does not mandate a reduction in egory of not a crisis, something the States to monitor the compliance of the Rus- total warheads. None must be disman- U.N. can handle? That intellectual di- sian Federation with the requirements of the tled. The treaty merely requires both lemma is puzzling many people Treaty. parties to reduce the number of war- (B) Each estimate shall meet the require- throughout this country. heads in their operationally deployed I believe there is a crisis in North ments of a national intelligence estimate arsenals. It provides no timetable for Korea, and I believe it is a crisis that under section 103(b)(2)(A) of the National Se- the planned reductions in deployed requires the prompt attention of the curity Act of 1947 (50 U.S.C. 403-3(b)(2)(A)), forces prior to the treaty’s 2012 target President. If one looks at the strategic and shall include— (i) an estimate, for each strategic nuclear date. It never requires the destruction vision we have to embrace, it can per- weapons system of the Russian Federation, of a single launcher. haps be divided into several major of the confidence of the United States, In effect, the treaty allows each side tasks. whether low, medium, or high, in the capa- to upload, download, and mix weapons The first is to preempt terrorists and, bility of the United States to monitor the in and out of storage. It contains no indeed, we saw this week an effective deployed warheads on such system; verification procedures, and the vast use of our military and intelligence (ii) an assessment of the capability of the United States to monitor the compliance of stockpiles of nuclear warheads in this forces and our allies in Pakistan. Then country and in Russia remain un- we have to interdict, contain, and stop the Russian Federation with the require- ments of the Treaty— changed. the proliferation of weapons of mass (I) under the verification measures of the Nuclear weapons, as we all know, are destruction. verification regime under the Treaty on the the legacy of the cold war, the most The North Koreans, in my mind, pose Reduction and Limitation of Strategic Of- pressing single threat that we face a much more difficult challenge to us fensive Arms, with Annexes, Protocols, and today as we contemplate dealing with than the Iraqis at the moment. Not Memorandum of Understanding, signed at Saddam Hussein and as we wish we only are they on the verge of producing Moscow on July 31, 1991 (START Treaty); were dealing with North Korea. The a nuclear weapon because they have and (II) after the verification regime expires most pressing threat, however, is real- the nuclear material, they also have a ly that nuclear weapons, or their lethal history of selling anything to anyone upon termination of the START Treaty; and (iii) additional mechanisms to ensure components, might fall into the hands because their major cash crop is selling United States monitoring of the compliance of terrorists or irresponsible govern- weapons to anyone who will buy them. of the Russian Federation with the require- ments at the head of rogue regimes. We are here today to conclude a very ments of the Treaty, including— This fact makes the provisions of this small but a very important step for- (I) further agreements between the United treaty even more troubling. ward with the support of the Moscow States and the Russian Federation; Instead of requiring the dismantle- Treaty, but we have much more to do (II) mutual data exchanges between the ment of warheads or launchers, the when it comes to particularly sup- United States and the Russian Federation; treaty simply requires that on one day porting efforts by our country in an (III) improvements in the transparency of strategic offensive reductions under the in 2012, the sides are to have no more international coalition to preempt, to Treaty; than the 1,700 or 2,200 operationally de- interdict, to stop the proliferation of (IV) improvements to existing monitoring ployed nuclear weapons. The remaining nuclear weapons and weapons of mass technologies; and thousands of weapons will be held in destruction, and I think to reexamine (V) other appropriate mechanisms. reserve, stockpiled for some other un- carefully and thoroughly the new em- (C) Each estimate shall be submitted in foreseen need, a need, I might say, in phasis we are putting on the develop- both classified and unclassified form. the context of the threats we are look- ment and use of nuclear weapons in our Mr. KERRY. Mr. President, the Stra- ing at in the year 2003 that is extraor- inventory. tegic Offensive Reduction Treaty that dinarily hard to explain, particularly I believe we will regret the day we has been under consideration for a cou- when those stockpiled weapons become give legitimacy to the potential use of ple of days, also known as the Moscow the risk of stolen, bartered, sold, or nuclear weapons by any power, includ- Treaty, is, in my judgment, in the 18 blackmailed materials. By their con- ing the United States. years I have been here thinking about tinued existence, they present a tempt- I thank the Chair and yield the floor. arms control and certainly as part of ing target for thieves and for terror- The PRESIDING OFFICER (Mr. the debate in the Foreign Relations ists. CORNYN). The Senator from Massachu- Committee and on the floor in the rati- It is no secret that there are those setts. fication of treaties, as flimsy a treaty who are eager to capitalize on a deadly AMENDMENT NO. 255 as the Senate has ever considered. I be- market for weapons-usable nuclear ma- Mr. KERRY. Mr. President, I send an lieve its faults are many. At best, its terials. The GAO has documented nu- amendment to the desk and ask for its defenders contend that it does no merous failed attempts to smuggle nu- immediate consideration. harm, but I find fault even in that as- clear materials out of Russia. I say to

VerDate Jan 31 2003 03:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.069 S06PT1 S3234 CONGRESSIONAL RECORD — SENATE March 6, 2003 my colleagues that out of 20 of these mer, that no arms control treaty in the Verification ought to be a crucial as- incidents over the last decade, the ma- history of our country has ever re- pect of our effort to secure nuclear terials involved in 13 of the 20 that we quired the destruction of warheads. weapons and materials, and if we can- know about, and possibly as many as Well, if this treaty is based on the not be certain that the numbers of de- 15, were traced back to Russian conclusion that we live in a different ployed warheads have been reduced, we sources. time, if this treaty is based on the con- will not be certain of the magnitude of I will tell my colleagues from my ex- clusion that the cold war is really over, the challenge of securing those mate- perience as a law enforcement official if this treaty is based on the conclusion rials. that if you know you caught 20 and you that we have a new and better relation- Since the height of the arms control know you are operating with limited ship with Russia and that we therefore negotiations, now almost two decades capacities to detect, anyone ought to can look to a new period, why then ago, the cry of many of my colleagues be asking the question, How many did keep these warheads in storage for an- on the other side of this aisle—which I we miss and how many will we miss in other day when the numbers we are re- remember well for years as we tried to the future? ducing to under any SIOP or any move through various arms control The great security challenge of our warfighting plan we have ever seen are treaties—was appropriately, as Ronald day is to keep nuclear weapons out of sufficient to destroy the world several Reagan said, ‘‘trust but verify.’’ the hands of those who would do us times over? It simply does not make This treaty exhibits a lot of trust but harm, but this treaty only expands the sense. no verification. Accordingly, I am of- stockpile of nondeployed warheads in Why expand the stockpiles of stored fering an amendment to help address Russia, and in this country for that nuclear warheads and materials when the critical issue of verification. It is a matter. It may advance some old cold we know to a certainty, as the CIA very simple amendment, and it really war calculus for arms control, but it is tells us, we do not have the capacity ought not to present a problem to col- not a part of a broader comprehensive today to safeguard those materials? leagues. If we are to have more con- approach to our nuclear relationship Why would we do that when we are pre- fidence in this treaty, we should be with Russia, particularly in the area of pared to go to war against Iraq to pre- working with the Russians now to threat reduction, and there I think the vent Iraq from illicitly receiving the achieve a viable regime to verify that treaty runs the risk of increasing the very kinds of materials that we are reductions are indeed taking place on danger of nuclear theft by stockpiling about to encourage the capacity for both sides and that they are taking thousands of warheads. others to seek out in the same way as place in a way that safeguards those Obviously, it is the task of all of us we have seen others do in those 20 ex- materials. In the absence of any mutu- to try to make the world more secure, amples I cited a few moments ago? ally agreed upon verification regime, not less secure. As I have said pre- The logic escapes anybody who stops we are left to rely on national means viously, we need to revitalize the Coop- to really think about what we are and methods to determine whether or erative Threat Reduction Program by doing with this treaty. If we have real- not Russia is making the reductions giving it the sustained leadership, at- ly entered a new age and a new rela- promised on a reasonable schedule to tention, and funding it deserves. tionship with Russia—and I believe we meet the December 2012 target date. Over the last decade, the United have in fact—then neither Russia nor My amendment adds a new condition States has spent about $7.5 billion to the United States should hedge on a to the Resolution of Ratification re- deactivate 6,000 warheads and destroy commitment to real and meaningful quiring an annual report prepared by thousands of delivery vehicles. Why arms reduction to an agreement that the intelligence community on our would we spend $7.5 billion to deacti- addresses in its very fabric the new and ability to monitor Russia’s compliance vate and destroy and then bring a trea- real threat of proliferation by theft or with the Moscow Treaty. For all those ty to the floor of the Senate which does diversion. By doing so, we would send a who have worried about trusting, neither? We have to make good on our signal to Saddam Hussein and to the verifying, and knowing what is hap- pledge of $10 billion over the next 10 rest of the world that we are not hedg- pening, this is a very simple require- years to the G–8 threat reduction part- ing our bets; that, in fact, we are seri- ment, that we learn from our own in- nership, and we need to encourage the ous and we are setting an example, and telligence community about our capac- good faith participation of our allies. that the rest of the world is earning ity to safeguard the interests of the But we know that even those efforts the justification for moving to disarm United States of America. This na- are not going to be enough. another nation for moving to tional intelligence estimate must also In 2001, the bipartisan Baker-Cutler nuclearization. provide an assessment of the ability of commission concluded that for our ef- Those same supporters who say we the United States to monitor compli- forts to secure Russia’s nuclear weap- need to hold on to vast stockpiles of ance with the SORT treaty through the ons materials and expertise to succeed, nuclear warheads ironically argue that verification regime of the START I we will have to spend $30 billion over the profoundly changed nature of the treaty and our ability to monitor com- the next 10 years. That is a challenge relationship with Russia means we pliance after the START I verification we ought to be meeting as a primary need not have negotiated verification regime terminates in 2009. goal prior even to the implementation regimes for this treaty. Perhaps most notably, under my of this treaty. There are still those in this country, amendment the intelligence commu- The treaty’s supporters have noted as surely there are some in Russia, who nity is required to inform us of the that its brevity is important, as if the continue to view our former cold war mechanisms they need to verify treaty length of a treaty somehow constitutes adversary with some measure of sus- compliance with a high degree of con- a real accomplishment, and that provi- picion and distrust. fidence, including consideration of fur- sions in it are a reflection of our new This treaty had the potential to ther agreements between the United relationship with Russia. deepen Russian-American cooperation States and the Russian Federation, My question is, if we are in a new en- and confidence building. If it had in- mutual data exchanges between the vironment with Russia, then why not cluded verification measures, the trea- two countries, improvements in the include verification and transparency ty would have silenced skeptics of our transparency of reductions that are measures that reflect that new envi- new relationship by demonstrating mu- called for in this treaty, technological ronment? The treaty does not mandate tual weapons reductions through in- improvements, and other appropriate the dismantlement or destruction of spection and verification. But, regret- mechanisms. warheads or launchers. Yet the provi- tably, it does not. Both sides under- I have long viewed this treaty’s lack sions of this treaty turn upon them- stand that each has the potential to re- of verification measures as a source of selves and the very logic underpinning deploy all of these weapons unless we grave concern. I spoke out in the For- the treaty as argued by its proponents. can verify, at a minimum, their loca- eign Relations Committee on each oc- For instance, they argue, as Secretary tion. So by this feature alone, this casion that this treaty was considered. Rumsfeld did before the Senate For- treaty contains the seeds of future Last summer, when the Senate Foreign eign Relations Committee last sum- doubt and suspicion. Relations Committee held hearings on

VerDate Jan 31 2003 03:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.071 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3235 the treaty, I noted the huge contradic- Mr. LUGAR. Mr. President, let me what we are talking about. These are, tion in it, the lack of verification and respond to the distinguished Senator in fact, the missiles on which the war- accountability in the reduction, and from Massachusetts by reviewing, once heads were located and from which the fear that these weapons or mate- again, the origins of the Moscow Trea- they have been separated. rials might fall into the hands of ter- ty. At the time that President Putin In a future treaty the United States rorists. and President Bush met in May of last and Russia may decide they wish to go While I understand that we cannot year, Russia had made the decision much further with regard to the de- mandate the dismantlement of war- that the distinguished Minister of De- struction of the warheads themselves. heads or the security of nuclear mate- fense of Russia, Sergei Ivanov, an- That point has been made by many rials without renegotiating this treaty, nounced that the Russians would be de- Senators that the treaty does not call it is critical we have an understanding, stroying warheads in a matter of for the destruction of warheads. But, in in order to protect the security inter- course, dismantling them from mis- fact, warheads are being destroyed by ests of our country, of our own ability siles. President Bush had indicated Russia and by the United States. to monitor Russian compliance, where that as a matter of fact, unilaterally, In terms of both of our countries, we that ability might fall short and to un- the United States was prepared to do have decided not to have transparency derstand a perspective on what we sim- the same. For a variety of reasons— to the point that both nations are in- ply do not know. Without meaningful some economic, some safety—both specting that process, but we are able verification, there is a great deal that countries had decided upon a course of to verify the results. I point out that we will not know. And in this case, action. When the two Presidents came the intelligence report that perhaps what we don’t know can, indeed, hurt together to formulate their joint an- the Senator is calling for may be cov- us in this dangerous world that we live nouncement, the Moscow Treaty was ered in large part by the cooperative in today. formed. threat reduction annual report to Con- Last month, I voted in committee to As has been pointed out, first it was gress. This one is for fiscal year 2002, a bring the treaty to the full Senate but not clear that a treaty would be formu- detailed summary not only of nuclear not without reservation. At that time, lated, but ultimately both leaders de- dismantlement and demolition but, I registered my serious concern about cided that was the best course. That is likewise, anything we are doing in the treaty’s lack of verification meas- why the treaty is simple. It, clearly, chemical and biological, too. ures, about the lack of milestones or does not cover all of the objectives of I admit there are areas, as I have said targets other than the 2012 date, and arms control that can be covered in earlier, that we are not into yet, and about the peculiarity of a treaty that further negotiations, and many of us we wish we were. My hope is we will be expires on the very same day that it hope there will be further negotiations, successful as two nations in seeing eye reaches its intended goal. not only in the nuclear area but in the to eye on movement in that direction. The amendment I offer today is in- biological area where in the course of When it comes, however, to the tended to drive at the heart of the this we have pointed out there is still verification of this Moscow Treaty, it verification issue. I know several of my a lack of transparency on the part of flows from the fact that both nations colleagues have offered or talked about the Russians, as we perceive it at cer- of their own will want to destroy the other important fixes to address the tain military facilities. missiles and separate the warheads and shortcomings of this treaty, and I ap- In the case of the amendment offered thus reduce the viability of these situa- plaud their efforts, but at its heart this by the distinguished Senator from Mas- tions. We have indicated at our own treaty represents a missed oppor- sachusetts as a way of shoring up a time, at our own speed, we will do that. tunity. It almost represents a treaty treaty that he has criticized, let me And the linchpin from the beginning, it for the sake of a treaty without regard say that the major verification proce- seems to me, is the fact not only of the to the longer term security interests dure now in place is the Cooperative START requirements that do expire in and strategic interests of the United Threat Reduction Program, very spe- 2009 but the Cooperative Threat Reduc- States. cifically. At Surovatika, Senators and tion Program on the ground which has We missed an opportunity to help Members of the House have witnessed no expiration unless Congress decides make the world safer for our children four missiles coming into that plant to terminate it. That is a different de- in the long term. We missed an oppor- each month. They are destroyed. Clear- bate and a different set of decisions. tunity to eliminate thousands of nu- ly, the warheads have been separated I am hopeful Senators will under- clear weapons for the long term, and from the missiles prior to that destruc- stand that. I appreciate the fervent not just to reduce deployed weapons for tion. That four-a-month situation is plea for verifiability for all of us. As I the short term. We missed an oppor- going to continue unless for reasons of say, I admit, I wish we had a better in- tunity to advance American-Russian our own parliamentary procedure we sight into the disposition of all of the relations in a way that, in fact, builds stop the funding. warheads, but even here both Russians a stronger foundation of trust between Clearly, you can verify the missiles. and Americans indicate in the fullness our two great countries. In my last visit to the site, I was ac- of time that these warheads have to be By addressing the verification issue companied by the governor of the terri- destroyed. In large part that is because as envisioned in my amendment, I be- tory, the mayors of various towns and sometimes the fuel components in lieve we can at least learn from our radio stations in Russia. Why? Because them are unstable. They become a dan- own intelligence community—which this is a jobs issue. Russians employ ger for the nation that is simply hold- we ought to be willing to trust—what people destroying missiles. Nothing ing them. more needs to be done to provide the very secret about it; they are swarming This is not a sporting goods situation transparency and verification so essen- around. A television station from Indi- of inert matter on shelves. These, un- tial to any agreement of this nature. If anapolis, channel 13, accompanied me fortunately, are far too living, viable, we are to make America safer, and we on that occasion, took pictures of the dynamic instruments. This is why we must, it will take more than cosmetic entire process and put it on a remark- have worked with Russia on the fissile treaties that leave Russia’s nuclear ar- able documentary on Indianapolis tele- material that comes from the destruc- senal in place. As Ronald Reagan told vision. tion of these warheads; to provide stor- the Nation, ‘‘History has shown that We need to catch up with where age for that. It is a whole new set of peace will not come, nor will our free- verification is in the world. It is on the problems. doms be preserved, by good will alone.’’ ground, with Americans working in co- Some arms control people have sug- We have work still to be done to operative threat reduction with Rus- gested that while the warhead is on the meet today’s challenges, and I believe sians. missile, you do not have the problem of one of those challenges is to fix the The missiles that come in are inter- fissile material that might get loose Moscow Treaty. changeable SS–17s, SS–18s, and SS–19s. and be bought or sold. It is contained. I yield the floor. We visited with plant officials about That is still true while it is in the war- The PRESIDING OFFICER. The Sen- their further planning on SS–24s and head. As it comes out of the warhead, a ator from Indiana. 25s. This is the comprehensive scope of whole new set of problems is created—

VerDate Jan 31 2003 03:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.073 S06PT1 S3236 CONGRESSIONAL RECORD — SENATE March 6, 2003 of storage and of accountability. We Mr. LUGAR. Mr. President, I ask go out, if they were capable of doing it are working with the Russians through unanimous consent that the vote in re- financially, and build 10,000 more nu- our Department of Energy on these ac- lation to the Kerry amendment, No. clear weapons. They could dig 40,000 countability projects, which are in- 255, occur at 5:40 today, and the time more holes for silos, if they had the tense and vigorous. until then be equally divided in the money. There is nothing in this treaty For these reasons, I oppose the usual form, provided that no further that prevents that. amendment of the distinguished Sen- second-degree amendment be in order I know we are all railing against ator from Massachusetts. I hope other to the amendment prior to the vote. what the treaty should have been; Senators will oppose it. It appears to The PRESIDING OFFICER. Without what, if we personally were negotiating me to be unnecessary. I would say, sim- objection, it is so ordered. it, we would have done. But, unfortu- ply, other criticisms of the treaty are Mr. LUGAR. Mr. President, I add one nately, I say to my friend from Massa- certainly a matter of the opinion of the final argument, and that is the actual chusetts, he has a tough call the rest of Senator, but it was a modest treaty. It text of the amendment of the distin- us must make. If you don’t like what is came from the volition and the will of guished Senator from Massachusetts in it, and there is a great deal that is both countries coming together at requires these intelligence reports on not in it that we would like to have in their own time, at their own speed, and the capability of the United States to it, vote against it. Vote against it. But with procedures that seem to me to monitor the compliance of the Russian you can’t fix something that is not bro- offer an adequate amount of Federation to the requirements of the ken, in effect—the treaty has no verifiability, much of it on the site and treaty. verification. It has no requirement the through the eyes of the Russian press, The treaty does not require insight warheads be destroyed. There is no re- as well as our own. into the warhead destruction. That is a quirement they be accounted for. There I thank the Chair. desirable aim, and I have indicated in is no requirement that there, in fact, The PRESIDING OFFICER. The Sen- due course we may be able to negotiate be any progress shown until December ator from Massachusetts. that, but that is not a part of this trea- 31, 2012. Mr. KERRY. Mr. President, as the ty. Therefore, the report that is being If you view all of these deficiencies chairman of the committee knows, I asked for really asks for information as fatal flaws, then vote no, just flat have so much respect for him. We rare- that is not covered by the treaty. vote no because you cannot fix them. ly have disagreements. I repeat, the information that is cov- You cannot fix them. The only way I In essence, he sort of made my case ered by the treaty, it seems to me, is think we could fix them is if we get the just now. I have never argued about the really adequately monitored by the co- administration and Russia and the destruction of some of the missiles United States on a positive track here. that are going in. I talked about the operative threat reduction personnel. I yield the floor. We have them on a track. The track is warheads and fissionable material. Fis- The PRESIDING OFFICER. Who that upon which we have agreed. As sionable material is not in the missile; yields time? Sam Nunn said, this is a good-faith it is in the warhead. The distinguished Mr. LUGAR. I yield to the distin- treaty. That is the bottom line. chairman just said, I wish we had a guished Senator from Delaware. The reason I am for this treaty is better sense of the disposition of those Mr. BIDEN. Mr. President, I will be failure to ratify it, I believe, will be warheads. I wish we had a better sense very brief. Let me, as we say in this read as bad faith. Ratifying it dem- of the disposition of those warheads. body, associate myself with the re- onstrates good faith, and our hortatory All I am asking for is that we ask our marks of my colleague and say it in a language—the message we have sent intelligence communities. Is the Sen- slightly different way. The Senator is personally in terms of each individual ate scared of asking its own intel- asking us to have the intelligence com- Senator speaking to the administra- ligence community for a report on our munity monitor something that there tion—the language in our declarations capacity to know where those mate- is no capacity to monitor because there and conditions and the amendments on rials are and what is happening? That is no provision in the treaty requiring the floor makes it clear to the adminis- is all I am asking. tration that there is clearly a majority On the floor of the Senate, I cannot the monitoring. It is a little bit like saying we would like the President to of Members of the Senate who would go into what we have heard in private, like to see more done. We are not criti- report to us, on a yearly basis, the cost in classified sessions. But this amend- cizing what has been done. We just of the destruction or dismantling or ment is based on my knowledge of would like more done. what our intelligence community is taking off of alert or removing from a I understand the frustration. Believe concerned about and what I believe we silo every missile that is removed by me. I understand the frustration. The ought to be concerned about in this the Russians. greatest concern—and I think we have That would be great, but it is not in country. So as the chairman says, I taken care of it—is if, in fact, the Rus- the treaty. There is no provision. wish we had a better sense of what is sians do not have the engineering and/ Regarding the ultimate criticism, the happening to those warheads. or financial capability of meeting the If we are willing to go to war in Iraq primary criticism the Senator from commitment they have made to reduce because we think it is dangerous for Massachusetts makes of the treaty is their deployed forces, we will help that man to have nuclear warheads, accurate. There is not much to this them. That is the best thing we can do. and we know that 15 out of some 20 ef- treaty. There is not much to it. As I That is what we have done. forts to transfer this material has said in my very long opening state- I suggest we should support this trea- come from Russia, we better be con- ment, the administration, when they ty and we should oppose this amend- cerned about these warheads. That is testified before the committee, said: ment. what this is about. That is precisely Look, we were going to do this anyway. The PRESIDING OFFICER. The Sen- what involves the security of the peo- We were going to do this anyway. So ator from Massachusetts. ple of the United States of America, we told the Russians, in effect para- Mr. KERRY. Mr. President, I appre- and that is what this amendment is phrasing the Secretary of State, we ciate the comments of the distin- about. told the Russians if you want to come guished ranking Member. Let me be I yield the floor and suggest the ab- along, come along; if you don’t, you very clear. I am not asking for any- sence of a quorum. don’t. thing to be done here that isn’t moni- The PRESIDING OFFICER. The The whole rationale of this adminis- toring of this treaty. If you look on clerk will call the roll. tration is the bet that the cold war is page 2 of my amendment, it says I am The legislative clerk proceeded to over, it is truly and forever behind us. looking for ‘‘an estimate, for each stra- call the roll. I hope they are right. This treaty af- tegic nuclear weapons system in the Mr. LUGAR. Mr. President, I ask fords few protections in the event of a Russian Federation, of the confidence unanimous consent the order for the heightened mistrust that develops, or a of the United States, whether low, me- quorum call be rescinded. crisis. It doesn’t have any protections. dium, or high, in the capability of the The PRESIDING OFFICER. Without So we are not kidding each other, be- United States to monitor the deployed objection, it is so ordered. tween now and 2012 the Russians could warheads of such systems.’’

VerDate Jan 31 2003 03:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.078 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3237 I am looking for ‘‘an assessment of The motion to lay on the table was we can address the issue satisfactorily the capability of the United States to agreed to. with a colloquy between myself and monitor the compliance of the Russian The PRESIDING OFFICER. The Sen- Senators LUGAR and BIDEN. Federation with the requirements of ator from Michigan is recognized. My question of Senator LUGAR is the the Treaty.’’ AMENDMENT NO. 256 following: Will the committee urge the This is to make sure we can see that Mr. LEVIN. Mr. President, I expect administration to include under the this treaty, as the minority ranking to take just a few minutes. I will be of- annual reporting requirements re- Member has called it, as limited as it fering an amendment and then having quired by conditions 2(a) and 2(b), that is—I am trying to making sure we can a colloquy. I send an amendment to the the Committees on Foreign Relations comply and know that we have the as- desk on behalf of myself, Senator and Armed Services would receive in- certainment of our intelligence com- DASCHLE, Senator AKAKA, and Senator formation on the following: During the munity with respect thereto. NELSON of Florida. calendar year of the report, the specific That is precisely what my amend- The PRESIDING OFFICER. The number and type of warheads that are ment does. clerk will report. planned to be no longer operationally I yield my time. The senior assistant bill clerk read as deployed; secondly, during that current The PRESIDING OFFICER. The follows: calendar year, the planned total size question is on agreeing to the amend- The Senator from Michigan [Mr. LEVIN] for and makeup of the stockpile of stra- ment. himself, Mr. AKAKA, Mr. DASCHLE, and Mr. tegic nuclear warheads by number and Mr. KERRY. Mr. President, I ask for NELSON of Florida, proposes an amendment by type; and as to the past year, the re- numbered 256. the yeas and nays. port would then, hopefully, include and Mr. LEVIN. Mr. President, I ask The PRESIDING OFFICER. Is there a be urged to include by Senators LUGAR unanimous consent that further read- sufficient second? and BIDEN the total number and type of There is a sufficient second. ing of the amendment be dispensed any warheads that were dismantled The clerk will call the roll. with. during the preceding calendar year? The PRESIDING OFFICER. Without The legislative clerk called the roll. Mr. LUGAR. Mr. President, I am objection, it is so ordered. pleased to respond to the distinguished Mr. FRIST. I announce that the Sen- The amendment is as follows: ator from New Mexico (Mr. DOMENICI), Senator from Michigan. Our report (Purpose: To provide an additional element the Senator from Kentucky (Mr. in the annual implementation report) does not require information on those MCCONNELL), and the Senator from Or- In section 2, in paragraph (2)(F), strike ‘‘; warheads that are not operationally egon (Mr. SMITH) are necessarily ab- and’’ and insert a semicolon. deployed. We would urge the adminis- sent. In section 2, redesignate paragraph (2)(G) tration to provide this information. Mr. REID. I announce that the Sen- as paragraph 2(H). Mr. BIDEN. Mr. President, if I may ator from Florida (Mr. GRAHAM) and In section 2, after paragraph (2)(F), insert respond to my colleague, I am not sure the following new subparagraph: the Senator from Georgia (Mr. MILLER) whether condition 2 requires the execu- (G) with respect to the strategic offensive tive branch to list force reductions or are necessarily absent. reductions described pursuant to subpara- The PRESIDING OFFICER (Mr. graph (B) for a calendar year, a listing of— force levels by warhead types. But I COLEMAN). Are there any other Sen- (i) the total number of each type of stra- certainly think it is a good idea to do ators in the Chamber desiring to vote? tegic offensive nuclear warhead that will be so, and I would urge the administration The result was announced—yeas 45, in the nuclear weapons stockpile of the to do so. nays 50, as follows: United States during the calendar year, and In addition, I think the administra- the total number of each type of strategic of- [Rollcall Vote No. 42 Ex.] tion should make a decision on war- fensive nuclear weapon that will operation- head dismantlement. Quite frankly, my YEAS—45 ally deployed by the United States during support for ratification of this treaty is Akaka Durbin Levin the calendar year; Baucus Edwards Lieberman (ii) the number and type of nuclear war- based in part on the administration’s Bayh Feingold Lincoln heads in the United States that are disman- assurance before our committee that at Bingaman Feinstein Mikulski tled during the previous calendar year; and least some warheads removed under Boxer Harkin Murray (iii) to the extent possible, the total num- the treaty will be destroyed or disman- Breaux Hollings Nelson (FL) ber of each type of strategic offensive nu- tled, and I fully expect the administra- Byrd Inouye Nelson (NE) clear warhead that will be in the nuclear Cantwell Jeffords Pryor tion to live up to this. So I think the Carper Johnson Reed weapons stockpile of the Russian Federation during the calendar year, and the total num- Senator is making a very valid point. Clinton Kennedy Reid Mr. LEVIN. I thank both Senators Conrad Kerry Rockefeller ber of each type of strategic offensive nu- Corzine Kohl Sarbanes clear weapon that will be operationally de- for the assurance that they will urge Daschle Landrieu Schumer ployed by the Russian Federation during the the administration that the reporting Dayton Lautenberg Stabenow calendar year. provided for under the Resolution of Dorgan Leahy Wyden Mr. LEVIN. Mr. President, condition Ratification would hopefully include NAYS—50 2 of the Resolution of Ratification re- the information I have just outlined. Alexander Crapo Lugar quires the President to submit to the AMENDMENT NO. 256, WITHDRAWN Allard DeWine McCain Committee on Foreign Relations and Mr. President, I now withdraw the Allen Dodd Murkowski Bennett Dole Nickles the Armed Services Committee an an- amendment. Biden Ensign Roberts nual report that would include, among The PRESIDING OFFICER. The Sen- Bond Enzi Santorum other things, the following: A, a listing ator has that right. The amendment is Brownback Fitzgerald Sessions of the strategic nuclear weapons force withdrawn. Bunning Frist Shelby Burns Graham (SC) levels of the United States and a best ALERT STATUS OF U.S. RUSSIAN NUCLEAR Snowe Campbell Grassley FORCES Specter estimate of the strategic nuclear weap- Chafee Gregg Stevens ons force levels of the Russian Federa- Mrs. FEINSTEIN. Mr. President, I Chambliss Hagel Cochran Hatch Sununu tion as of December 31 of the preceding wish to ask the Senator from Delaware Coleman Hutchison Talent calendar year; B, a detailed descrip- and the Senator from Indiana some Collins Inhofe Thomas questions about one of the issues that Voinovich tion, to the extent possible, of stra- Cornyn Kyl was raised during the hearings con- Craig Lott Warner tegic offensive reductions planned by each party for the current calendar ducted by his committee on this trea- NOT VOTING—5 year. ty, and one of the questions not ad- Domenici McConnell Smith The purpose of this amendment is to dressed by this treaty that I believe to Graham (FL) Miller clarify that those elements of the re- be critical to reducing the danger of The amendment (No. 255) was re- port should include certain important accidental or unauthorized nuclear jected. information on operationally deployed war: the alert status of U.S. and Rus- Mr. LUGAR. Mr. President, I move to strategic nuclear warheads. sian nuclear forces. reconsider the vote and I move to lay I have discussed this matter with Like me, I know that they are con- that motion on the table. Senators LUGAR and BIDEN, and I think cerned that the current alert status of

VerDate Jan 31 2003 05:07 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.080 S06PT1 S3238 CONGRESSIONAL RECORD — SENATE March 6, 2003 U.S. and Russian nuclear forces leaves treaty to address this question—I liferation threats posed by non-stra- open the possibility that, by con- would like to ask the Senator what ac- tegic nuclear weapons in Russia. As the tinuing to maintain those nuclear tion he would recommend the Senate Senator knows, the United States has forces that will not be operationally take to make General Habiger’s sug- voiced serious concerns about the safe- deployed under the Moscow Treaty on gestion a reality? What measures, if ty and security of these dangerous so-called hair trigger alert status, we any, does he plan to address this issue weapons stored at multiple locations increase the chances of an accidental in an appropriate manner this Con- around Russia. I believe the Russian or mistaken launch of nuclear weapons gress? tactical nuclear weapons arsenal rep- or, worse still, provide additional vul- Mr. BIDEN. The Foreign Relations resents an area of concern and needs nerability to terrorist who might seek Committee’s report encourages the attention. to hack into our nuclear command and President to establish a commission of Mr. BIDEN. I agree with the Senator control system and launch weapons. weapon system experts to undertake from North Dakota and the Chairman I was pleased to note that the report the review that General Habiger pro- of the Foreign Relations Committee, of the Foreign Relations Committee on posed. It adds that if the President Senator LUGAR. During hearings last this treaty addresses the concerns that does not do so, Congress could usefully year on the Treaty of Moscow now be- the alert status issue creates for crisis act on its own, either to establish such fore the Senate, several of our distin- stability raised by former Senator a commission or, perhaps, to commis- guished witnesses mentioned Russia’s Nunn, and the suggestion made by Gen. sion the National Academy of Sciences tactical nuclear stockpile, including Eugene Habiger, the former Com- to set up such a group. former Senator Nunn. The smaller size mander in Chief of U.S. Strategic Com- Mr. LUGAR. The Senator from Dela- and greater number of these weapons mand that ‘‘We may have to find a way ware is correct, and while we have not puts them at higher risk for theft by, to move more weapons off alert sta- determined precisely how to proceed, I or illicit sale to, terror networks such tus’’. expect that we will want to encourage as al-Qaida. What are the views of the Senator action by the President before we move Mr. CONRAD. I thank my colleagues, from Delaware and the Senator from on our own. Such a measure could be who perhaps remember that in 1998 I Indiana on this issue, and the desir- offered as an amendment to major leg- authored legislation passed by Con- ability of moving nuclear weapons off islation such as the Department of gress that identified Russia’s tactical alert status? State authorization bill. nuclear stockpile as a serious prolifera- Mr. BIDEN. Mr. President, I think I can say with confidence that Sen- tion threat and called for United that the new relationship between the ator Biden and I are agreed that we States pressure on Russia for real re- United States and Russia can only be should continue to pursue this initia- ductions. I was therefore disappointed improved by taking nuclear weapons tive in ways that will provide produc- that a requirement for Russian tactical off alert status. By giving decision tive results. warhead dismantlement and United makers more time to react to dis- Mrs. FEINSTEIN. I thank the Sen- States inspection rights were not part turbing information, this would lower ator from the Delaware and the Sen- of the Treaty of Moscow. The dis- the risk of a nuclear war caused by one ator from Indiana for their leadership connect between the ability of the side’s mistaken belief that the other and hard work on this issue, and I look United States to maintain current was attacking it. I am especially im- forward to continuing to work with strategic force levels almost indefi- pressed, moreover, by the fact that him, on additional legislation, if need nitely, and Russia’s inevitable stra- Gen. Eugene Habiger, former Com- be, to pursue this initiative. tegic nuclear decline due to economic mander in Chief of the U.S. Strategic Mr. CONRAD. Mr. President, I rise to realities, gave our side enormous lever- Command feels that the time has come engage the distinguished leadership of age that I believe we should have used to do this. I would note, however, that the Foreign Relations Committee in a to win Russian concessions on tactical General Habiger warned that existing colloquy. nuclear arms. While I am encouraged specific de-alerting proposals were Mr. President, for the past several that the resolution of ratification be- often not viable. years I have been increasingly con- fore us includes a declaration on accu- Mr. LUGAR. During our hearings on cerned about the ‘‘loose nuke’’ threat rate accounting and security, it does the treaty, a number of witnesses ex- presented by the Russian Federation’s not mention Russian tactical nuclear pressed concern about the alert status arsenal of non-strategic or ‘‘tactical’’ reductions. I have prepared a correc- of U.S. strategic nuclear warheads. As nuclear warheads. Unlike strategic nu- tive amendment and would welcome the United States and Russia enter a clear forces, intermediate range nu- the support of the chairman and rank- new era of friendship and cooperation, clear forces, or even conventional ing member of the Foreign Relations we must take a close look at what we forces in Europe, tactical nuclear arms Committee. can do, in a safe and effective manner, are not covered by any arms control Mr. LUGAR. I thank the Senator to take nuclear weapons off alert sta- treaty. There are no formal negotiated from North Dakota for his work on this tus and prevent an accidental nuclear limits of any kind, no way to hold cur- important issue and his thoughtful in- launch due to a false alarm or a mis- rent and future Russian leaders to the vitation. I would ask that the Senator calculation. I know our friend and unfulfilled promises of steep reductions from North Dakota withhold his former colleague Senator Sam Nunn made by former Soviet President amendment with the understanding expressed hope in our hearings that we Gorbachev and former Russian Presi- that the Foreign Relations Committee might address the cold war-era nuclear dent Yeltsin more than a decade ago. will make a serious effort to elevate postures of the United States and Rus- In fact, we do not even have a good es- the matter of Russian tactical nuclear sia as a critical next step following timate of how many tactical warheads weapons to a top priority on our Na- ratification of the Moscow Treaty. Russia has because the United States tion’s arms control and threat reduc- Mrs. FEINSTEIN. In addition to rec- has no inspection rights. Unclassified tion agenda. ommending an ‘‘immediate estimates of the current Russian stock- Mr. CONRAD. Would the chairman standdown’’ in the alert status of the pile have ranged widely, from 7,000 war- and ranking member be willing to hold nuclear forces reduced under this trea- heads to 18,000 warheads—four to elev- hearings in the coming months focus- ty, it is my understanding that in his en times as many as the United States. ing on the threats associated with Rus- testimony, General Habiger also sug- I am very troubled by the insufficient sia’s tactical nuclear stockpile? Fur- gested that a system to take weapons security at Russian nuclear warhead thermore, would the chairman and off alert status in ways that make storage facilities and al Qaida’s known ranking member be willing to join me sense, are transparent, and do not com- interest in acquiring these horrific in urging the President to develop a promise our security be designed by weapons. Am I right to understand that comprehensive plan to reduce the Rus- teams by people who actually build the my colleagues share this concern? sian tactical threat, including making weapons. Mr. LUGAR. I share the concern Russian tactical warhead reductions a Given this commonsense rec- voiced by the senior Senator from priority in our dealings with the Rus- ommendation—and the failure of the North Dakota on the potential pro- sian Federation?

VerDate Jan 31 2003 04:56 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.034 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3239 Mr. LUGAR. The ranking member dramatic transformation underway in as it is seen as the beginning and not and I have plans to hold hearings on that huge country. While there is no the end of the long path we must follow the continued proliferation challenges doubt that Russia is on the track to- to rid the earth of weapons of mass de- in Russia. Clearly the threat posed by wards democracy and a free market struction and threats to our national tactical nuclear weapons would be an economy, it is equally clear to me that security. important topic to be discussed and in- the Russians are not at the stage where Mr. HATCH. Mr. President, it is one vestigated in that forum. I believe that they can be given a blank check to im- of those ironies of history that the U.S. tactical nuclear warhead reductions plement the Moscow Treaty. Congress Senate began debate on the ratification should be a top United States priority has authorized more then $4.7 billion of the latest and historic arms control in our new relationship with Russia. for U.S. programs aimed at helping treaty on the day that historians mark Mr. CONRAD. Would the chairman Russia and other newly independent as the 50th anniversary of death of Sta- and ranking member consider sharing states to reduce the threats from their lin. Whether, in fact, Stalin died on their views on the threats posed by the weapons of mass production. The Mos- this day, or whether he had been proliferation of tactical nuclear weap- cow Treaty does not expressly deal poisoned a few days before, is a fact ons with the administration? Might I with the Nunn-Lugar Cooperative that, like so many others of Soviet his- propose a letter indicating our shared Threat Reduction program but the ob- tory, is clouded with uncertainty. But concerns and our hopes that this issue jectives of the treaty cannot be it is a fact that he was one of the most will be a high priority for the adminis- achieved without extending this assist- brutal dictators of the 20th century and tration in future discussions with Rus- ance to Russia. The only certainty he died at a time when the Soviet sia? about future costs to implement this Union was a global foe of the United Mr. LUGAR. I thank the Senator for treaty is that the costs are uncertain States. his thoughts. This issue was raised re- and that the uncertainty goes toward More interesting for this debate, Sta- peatedly during our hearings on the how much higher costs will be. Accord- lin’s death in 1953 occurred at a time Treaty. I am confident of the adminis- ing to a GAO report issued this week, when our nations were just beginning a tration’s efforts to engage Russia on ‘‘. . . a pilot facility to destroy 14 per- strategic competition that would see this issue. I would be happy to rein- cent of Russia’s chemical weapons over our nuclear stockpile grow to massive force the committee’s views on these an 11-year period would cost the United and frightening levels before we issues with the appropriate Adminis- States almost $890 million—an increase reached our first accommodations, tration officials. of about $150 million from the estimate nearly 20 years after Stalin’s death. Mr. BIDEN. Let me echo the com- . . .’’ Higher program cost uncertainty Today, while we still have many cul- ments on the chairman. After entry is compounded by Russia’s apparent in- tural and political differences with the into force of the Moscow Treaty, get- ability to pay for its agreed-upon share Russian state, we cooperate on more ting a handle on Russian tactical nu- of project costs. issues than we compete, and we do not clear weapons must be a top arms con- Another problem with an effective re- compete under the threat of nuclear trol and non-proliferation objective of duction of weapons of mass destruction annihilation. the United States Government. I look is that Russia is not always willing to A decade ago, the Soviet Union went forward to joining the chairman in provide access to its sensitive national to the dustbin of history, and with it holding hearings on this matter and in security sites. Access is essential to went an ideological enmity that locked writing to the administration with the verify that the Parties are living up to us in a spiral of growing nuclear arse- Senators from Indiana and North Da- their part of the agreement. According nals and the existential comfort of mu- kota. A comprehensive approach to to the same GAO report, U.S. inspec- tually assured destruction, a comfort this problem, as the senior Senator that made sense to the strategic think- from North Dakota suggests, is sorely tors do not have access to the sites in Russia where 90 percent of the mate- er, but left of lot of other people all needed. over the world, including in our own Mr. CONRAD. I thank my colleagues rials used in weapons of mass destruc- societies, feeling quite insecure. for their concern about this clear and tion are stored. Access issues largely After President Nixon initiated an present ‘‘loose nuke’’ threat and for revolve around trust, and, frankly, this era of arms control agreements with their supportive statements today. We treaty highlights the need for access; it the first Strategic Arms Limitation cannot afford for this blind spot in our does not solve the problem. Treaty, or SALT, the pendulum began non-proliferation efforts to go uncor- Despite its obvious incompleteness to swing the other way. And, as is often rected. With the assurances of the and inadequacies, the Moscow Treaty the case with historic pendulums, it far chairman and ranking member, I with- is a step in the right direction of reduc- exceeded a sensible point. By the early draw my amendment and yield the ing and limiting strategic nuclear war- floor. heads. Reliance on a START I 1980s, while strategic arms treaties had Mr. BURNS. Mr. President, the trea- verification regime as provided in the already reduced the aggregate mega- ty between the United States of Amer- treaty is not, of course, satisfactory, tonnage of our combined strategic ar- ica and the Russian Federation on but it can provide a block in the foun- senals, a school of arms control the- Strategic Offensive Reductions also dation for good faith implementation ology had been accepted that, as is known as the ‘‘Moscow Treaty’’ obli- through a genuine verification scheme. often the case with the social science gates each side to reduce the number of President Bush is headed in the right theology of the moment, threatened to its strategic offensive nuclear war- direction in working to build a con- overcome all rationale thinking on heads to a range of 1,700 to 2,200 by the structive partnership with Russia. strategic issues. The answer to all end of 2012. This treaty is a good begin- American does not fight wars with de- arms control issues was always yet an- ning and I congratulate the President mocracies. While a reduction in nu- other treaty. Existing treaties were for making a complete break with past clear weapons is an important element sacrosanct, with the wise old dictum so arms control approaches by placing re- on both sides in building the trust and famously and wisely uttered by Bis- liance on deterrence and missile de- mutual dependence needed for a stable, marck in the 19th century ignored: ‘‘At fense. The enemies of American must long-term relationship, I want to stress the bottom of all treaties is written in clearly understand that they cannot the importance of maintaining the Nu- invisible ink, rebus sic stantibus’’— attack or threaten us with impunity clear Triad. Our land-base missile sys- Until circumstances change. and that our Nation will have a na- tems, in particular, play an essential Circumstances did change. Tech- tional missile defense in place as soon role in ensuring this Nation’s security. nologies barely imaginable in the 1960s, as possible. With 200 Minuteman III missiles, when the first strategic treaties were President Reagan coined the phrase Malmstrom Air Force Base, in my contemplated, became commonplace in ‘‘trust but verify,’’ This phrase could State of Montana has and will continue the 1980s. An era of self-enforced vul- have no greater meaning than when it to play a critical role in our national nerability to mutually assured destruc- is applied to the Moscow Treaty. security. tion, enshrined in the 1972 Anti-Bal- I recently returned from Moscow The Moscow Treaty deserves the ad- listic Missile Treaty, became anachro- where I was deeply impressed by the vice and consent of the Senate so long nistic as physicists and engineers first

VerDate Jan 31 2003 04:56 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.045 S06PT1 S3240 CONGRESSIONAL RECORD — SENATE March 6, 2003 imagined missile defense and then a vi- broader, more mature and evolving sultation and extension of verification sionary president, Ronald Reagan, more rapidly than has been reported in mechanisms beyond that time. grasped its potential to defend soci- estimates and reports by the intel- The Treaty allows either party to eties against missiles armed with ligence Community.’’ Such clarity in ‘‘determine for itself the composition weapons of mass destruction. In doing assessment forced us to refocus the ef- and structure of its strategic offensive so, President Reagan reflected a very forts of the Intelligence Community, arms,’’ meaning that we will be able to American belief that know-how and and they responded. configure our triad according to the new thinking can provide security to But it also forced us to continued to evolving needs of our nuclear posture those who never felt secure under mu- challenge the conventional wisdom on review. The treaty does not link the tual assured destruction. arms control at the time, and that re- objectives to our continued Coopera- What bumpkins and dreamers, the quired that we face up to fact that we tive Threat Reduction program, appro- conventional arms control theologians needed to proceed with our research priately known as the Nunn-Lugar pro- declaimed. Let us dismiss these simple- and development of a missile defense grams, recognizing all of the work the tons and disparage their thinking as capability, and that, if we were serious current chairman of Foreign Relations ‘‘Star Wars,’’ they said; as if the Stra- about this, we had to recognize that we Committee and our former Democratic tegic Defense Initiative had anything would need to abandon the ABM Trea- colleague have committed in their ca- to do with stars or wars, but instead a ty. reers toward the cause of disarmament. more secure world here on earth. One candidate for the 2000 presi- I commend my colleagues on the For- Today, it would be inaccurate to dential election shared the vision of eign Relations and Armed Services state that we have developed missile President Reagan. He recognized that committees for engaging the adminis- defense to a functionally deployable the ABM Treaty was not sacrosanct. In tration in extensive discussions about state. But, we are closer to a func- fact, he had read the test, which plain- continued support for this program. I tional stage than those who dismissed ly allowed for the U.S. to withdraw. I strongly approve the administration’s it out-of-hand ever imagined. They don’t know if President Bush knew the commitment to this program, and I were wrong and, today, our challenges doctrine in international law of rebus will continue to support their budget to perfecting missile defense are large- sic stantibus, but President Bush cer- for this. ly in engineering, no longer scientific. tainly knew that the strategic situa- Lord Palmerston said in the 19th cen- A grateful Nation has President tion had changed, and U.S. national se- tury, ‘‘We have no eternal allies and we Reagan to thank for being able to tran- curity required that we not constrain have no perpetual enemies. Our inter- scend the conventional wisdom and be- our security for tomorrow by a concept ests are eternal and perpetual.’’ Our in- lieve in American creativity and tech- from yesterday. Such an approach was terests evolve year-by-year, and the nology to move us into a new strategic to guarantee insecurity. And President world remains a very hostile place. era. Bush understood something funda- Russia competes with us geopolitically, But the arms control lobby would not mental about strategic doctrine: inse- but it does so in the Security Council, relent, or even reform, through the curity does not sustain stability. not in strategic arms. 1980s and 1990s. We had some good arms President Bush told us all that the It is in the interests of the world that control agreements negotiated, signed days of the ABM were limited. And the our two arsenals be reduced, and it is and ratified—I supported the START arms control lobby went, to make a in the interests of both of our countries treaties. We had some treaties that I bad pun, ballistic. Abandoning the that we reduce them with trans- believed did not enhance our security— ABM Treaty with Russia would herald parency, and flexibility. and I voted against the Comprehensive a new era of unrestrained nuclear com- These principles are enshrined in the Test Ban Treaty. While I have gen- petition, as both sides would try to Moscow Treaty. I commend the admin- erally supported the idea that bilateral outbid the other’s arsenal with enough istration for concluding it with Rus- and verifiable reductions of the stra- weapons to overwhelm, they declared sian administration, and I urge the tegic arsenals of Russia and the U.S., with certainty bread of doctrinaire Russian Duma to proceed with their preserving necessary strategic arsenals conviction. own ratification, as I encourage my of Russia and the U.S., preserving nec- President Bush and his advisers colleagues today to join me in support essary strategic force structures, was didn’t flinch in their thinking. But of this historic treaty. stabilizing and therefore in our inter- they did address the question: If the Mrs. FEINSTEIN. Mr. President, I est, I have never believed that this fear is that withdrawing from the ABM rise today to express my support for world would be more secure if the U.S. Treaty which we did—the U.S. with- ratification of the Moscow Treaty handicapped its nuclear option. drew from the Treaty on December 13, which will require the United States Circumstances changed. Our global 2001 and the Treaty was effectively ter- and Russia to reduce the number of foe of 30 years ago is not our primary minated 6 months later—then the U.S. strategic nuclear warheads to 1,700 and threat today. The mutual assured de- will match our withdrawal from the 2,200 each by December 31, 2012. This struction doctrine that held the world ABM with a new proposal to lower the treaty marks an important step for- in nuclear check for nearly 50 years be- START II levels to historic new reduc- ward in the relationship between the came suspect, an old strategic doctrine tions. United States and Russia and reduces of vulnerability. New threats and new, And on March 24 of last year, the the dangers posed by strategic nuclear vicious substate actors became the Russian Federation and the United weapons. Nevertheless, I am concerned threats that brought us grief and anx- States concluded the Treaty on Stra- that the treaty does not go far enough iety. tegic Offensive Reductions, which will and I believe its flaws must be ad- We saw technologies spread to a host now be overwhelmingly passed as this dressed if we truly want to make the of rogue nations, many of which hold body provides our advice and consent. threat of nuclear war a thing of the explicitly antagonistic postures toward This is a historic moment for nuclear past. the U.S. In 1998, a congressionally man- arms reduction. It is, more impor- It should be pointed out that at one dated Commission To Assess the Bal- tantly and in my opinion, a historic time the administration did not even listic Missile Threat to the United moment in the evolution of arms con- want a treaty, preferring to reach a States, chaired by Donald Rumsfeld, trol doctrine. ‘‘gentleman’s agreement’’ with Russia brought to light the fact that, ‘‘con- The treaty reduces operationally de- instead. I am pleased that President certed effects by a number of overtly or ployed warheads for both sides to a Bush changed course and recognized potentially hostile nations to acquire range of 1,700 to 2,200 by December 31, the value in committing the reduction ballistic missiles with biological or nu- 2012. Today our arsenals are more than of strategic nuclear warheads to a clear payloads pose a growing threat to twice that level. The reductions are to binding, legal document. the U.S., its deployed forces and its be implemented based on the estab- That document now before us is wel- friends and allies.’’ Further, the report lished START I verification regime and come but its brevity—all of three concluded that ‘‘the threat to the U.S. mechanism, which will be in place pages—indicates that certain issues posed by these emerging capabilities is until 2009. The treaty allows for con- were left out or swept aside.

VerDate Jan 31 2003 03:49 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.048 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3241 First, the treaty does not actually Again, trust and cooperation are weighed down past arms control trea- require the United States or Russia to built on verification and openness. I ties. destroy any nuclear warhead. Either urge the administration to press for de- This is for a very good reason. The side may comply with the provisions of tailed timetables and mileposts to en- simplicity and brevity of this treaty the treaty simply by ‘‘deactivating’’ sure that both sides are actively com- reflect the simple fact that the US and the warhead and placing it in storage plying with the provisions of the treaty Russia have moved beyond the enmity for possible redeployment. And, each and will reach the final marker at the of the cold war era. The treaty recog- side reserves the right to decide what stated time. nizes this fact. It assumes a degree of exactly ‘‘deactivation’’ means. Fourth, the treaty does not address trust between nations that are no This runs counter to the whole point tactical nuclear weapons. As my col- longer on the precipice of war. Indeed, of reducing the dangers of nuclear leagues know, there is a great deal of this treaty is the ultimate confirma- weapons by eliminating them once and uncertainty about the number, loca- tion of the fact that arms control does for all. Have we really made a step for- tion, and secure storage of Russian tac- not lead to real peace; rather, real ward in securing a better world for our- tical nuclear weapons. Smaller and peace—in this case made possible by a selves and future generations if both more portable than strategic nuclear democratic transformation in russia— sides can re-arm at a moment’s notice? weapons, they are vulnerable to theft leads to arms control. And have we really made progress if or sale to terrorist groups. Yet, the The old cold war approach to arms the actual number of warheads de- treaty does not even mention them. control treaties is clearly outmoded. stroyed is rather small? This is a glaring oversight and the Can anyone truly believe that a 700- Russia, for one, simply can not afford dangers posed by tactical nuclear page behemoth like the START I trea- to maintain its current number of stra- weapons—especially now in the post- ty is relevant to today’s situation? tegic nuclear warheads. But I am con- September 11 world of global ter- Clearly, such an approach would not cerned that if we do not actively de- rorism—warrants the immediate atten- reflect today’s radically changed polit- stroy more of our strategic nuclear tion and action by both Russia and the ical and strategic environment. As warheads, Russia may feel compelled United States. I urge the administra- such, it would not serve America’s real to keep more of its own, thus diverting tion to press for an accurate account- security needs. valuable resources away from more ing of and adequate safeguards for tac- This treaty does. The most impor- pressing needs. And, I think everyone tical nuclear warheads and to work to- tant thing to remember about this recognizes that Russia’s ability to safe- wards reducing their number. treaty is that it was negotiated after ly and securely store any warheads is Finally, the treaty does not address the United States independently deter- far less than our own and the potential the alert status of our nuclear forces. I mined the number of strategic war- that they may fall into the wrong offered, and withdrew, an amendment heads that were needed for our secu- heads much higher. to address this issue earlier. Suffice to rity. The outcome of the negotiations Second, the treaty does not contain a say that I am very concerned that in with Russia simply ratified our own detailed verification regime to judge this era of a new relationship between prior determination. This is in stark compliance with its provisions. The the United States and Russia, we still contrast to the old approach to arms treaty only mentions the creation of a keep our nuclear weapons on high alert control, whereby arms control agree- Bilateral Implementation Commission or hair trigger status. This greatly in- ments preceded and ultimately drove that will meet twice a year. No more. creases the chances of an accidental or our military and strategic decisions. The START Treaty, in contrast, con- unauthorized launch or miscalculation The long lead time for achieving re- tained provisions on detailed notifica- which would result in unthinkable dev- ductions and the lack of sublimits and tions, regular data exchanges, onsite astation. interim benchmarks in the treaty also inspections, and continuous moni- Clearly there are problems with this serve our interests by preserving much toring of select facilities. President Reagan was found telling treaty but I will vote for ratification needed flexibility. Looking at the fluid, his Soviet counterparts that when it because it is a step forward towards the almost chaotic, situation in the world came to reducing the number of nu- goal of reducing the dangers posed by today, with new threats having arisen clear weapons, his motto was ‘‘Trust, strategic nuclear weapons. in just the past year or so—attacks on But there is a lot of work to be done but verify.’’ Though the Soviet Union our homeland, nuclear weapons devel- to make this Treaty truly worthwhile. is no more and Russia and the United opments in North Korea and Iran—one States have a new relationship based As our former colleague Senator Sam can foresee that circumstances could on friendship and cooperation, I believe Nunn stated in hearing held by the easily change over the next decade. If President Reagan’s words still ring Senate Foreign Relations Committee circumstances and threats change, so true. on the Moscow Treaty: too might our strategic nuclear re- Eliminating nuclear warheads is seri- If [the Treaty] is not followed with other quirements. Thus, it is only prudent ous business and it is beneficial and, substantive actions it will become irrelevant that we not box ourselves in. The draft- necessary, even for friends, to closely at best and counterproductive at worst. ers of this treaty in the Bush adminis- monitor, and verify, the progress of I hope the administration will take tration were wisely cognizant of that each side. We will enhance and deepen these words to heart and get to work fact. the trust and cooperation between Rus- on the important issues left out of the Mr. President, this treaty—and the sia and the United States by doing so. treaty so that we will be able to leave forward-looking, post-cold war mindset So, I would urge the administration to a world for future generations safer that serves as its basis—deserves our use the Bilateral Implementation Com- from the horror of nuclear war. strongest support. I urge my colleagues mission as a forum for negotiating a Mr. KYL. Mr. President, I rise in to approve this resolution of ratifica- detailed verification regime. strong support of this resolution of tion. Third, there is no timetable for im- ratification for the Treaty Between the Mr. BUNNING. Mr. President, I sup- plementation and no mileposts to judge United States of America and the Rus- port ratification of the Moscow Treaty progress before the Treaty expires. The sian Federation on Strategic Offensive without any amendments or further only date and milepost mentioned is Reductions, otherwise known as the conditions set upon it by the Senate. the deadline to reach 1,700 to 2,200 stra- Moscow Treaty. Ratifying this resolution as it was tegic nuclear warheads by December 31, This treaty is a masterstroke. It rep- unanimously reported out of the Com- 2012. resents, and, I am sure, will be sent as mittee on Foreign Relations is the Thus, over a 10-year period, with no ushering in a wholly new approach to right thing to do. verification regime, we will have no in- arms control for a wholly new era. The This treaty is a tremendous step for- dication on how Russia is achieving the simplicity of this treaty is a marvel. It ward in the effort to make this world a goals of the treaty until the very day it is extremely brief, indeed just three safer place. This is especially signifi- is bound to reach those goals. And then pages long. It is shorn of the tortured cant in light of all that is going on in the treaty expires unless both sides benchmarks, sublimits, arcane defini- the world with our fight against ter- agree at some point to extend it. tions and monitoring provisions that rorism. It is especially important and

VerDate Jan 31 2003 03:49 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.083 S06PT1 S3242 CONGRESSIONAL RECORD — SENATE March 6, 2003 significant to work in this way with agreeable to work with the United treaty demonstrate what bipartisan- the Russian Federation. This treaty States to ensure that these weapons ship leadership on the Senate Foreign and mutual framework helps further never fall into the hands of terrorists Relations Committee can accomplish. align and strengthen the growing rela- or rogue states. This treaty represents a positive step tionship between Russia and the Also, one certainly must pay atten- forward by calling on the United States United States. We should all be encour- tion to, and demand, a solid and Russia to reduce their operational aged that Russia’s Duma has made no verification system for these weapons. strategic nuclear weapons. reservations about this treaty and is Some point out that the treaty has a But it is a step long overdue. Many in expected to approve it soon after the flawed verification system that must this body felt these kinds of cuts were Senate approves it. be watched closely. But this criticism possible years ago. Unfortunately, de- The Moscow Treaty reduces the ag- has not reached the level of doubt and spite our best efforts for much of the gregate number of operationally de- worry to scrap the treaty. As well, last decade, Republican opposition pre- ployed strategic nuclear warheads to a those critics are operating under the vented us from implementing the kind range of 1,700 to 2,200 by the end of 2012. guise of a cold war mentality. But of cuts this treaty now recommends. This is a tremendous accomplishment things have changed in our relation- To ensure that we derive the max- that deserves the full support of the ship with Russia. imum security benefit possible from Senate and the Russian Duma. Presi- Secretary Powell has been upfront on this treaty, the Administration will dent Bush and Russian President Putin this issue in regards to the verification have to fill in a number of important hold this as a high priority in getting system in the Treaty. On behalf of the holes. this treaty ratified in a timely manner. administration, he has clarified the Though the administration has as- This treaty was considered in a delib- need to keep the verification process sured us that some nuclear warheads erative and thoughtful manner by the the way it is within the treaty. The ad- will be dismantled, the treaty itself Senate. The Foreign Relations Com- ministration points to the fact that the does not require the destruction of any mittee worked in conjunction and co- cold war is over and we must move be- Russian or American nuclear warheads. operatively with the Armed Services yond that thought process. Also, Sec- At best, the treaty will put warheads Committee and Intelligence Com- retary Powell argues that we are better out of reach, but, unfortunately, not mittee. As well, the insights, reserva- served with flexibility and not rigidity out of use. tions and recommendations on this under the treaty. Moreover, the treaty does not include issue were solicited and received by I believe the level of verification in a schedule that spells out when the de- Secretary of State Colin Powell, Sec- this treaty is what is needed. We do activations must occur. In fact, the retary of Defense Don Rumsfeld, and know that our American verification treaty language does not require the Chairman of the Joint Chiefs of Staff, experts already have the START Trea- deactivation of a single weapon until Richard Myers. ty verification procedures underway. December 31, 2012, the day the Treaty The Moscow Treaty is unlike any These experts and procedures will be expires. arms control agreement we have par- around for another decade. So, we do Finally, the treaty also lacks any ticipated in with Russia or the former have dismantlement teams and equip- concrete commitments on verification, Soviet Union before. Previously, we ment from the United States in Russia. undermining longstanding, common- spent decades with our counterparts in These teams have been and will con- sense principle of our arms control pol- conferences and meetings to negotiate tinue to cooperatively—with icy. treaties. This agreement was concluded verification—dismantle these Russian In years past during Senate discus- more quickly—with openness, trust, weapons. sion of other arms control treaties, and verification prevailing in a new era Overall, I believe this treaty is in the some of my colleagues on the other of American and Russian relations. national interest of the United States, side of the aisle based their opposition Traditionally, there have always the Russian Federation, and the world. to these treaties on the lack of ade- been many objections to treaties such Of course there are those critics who quate verification provisions. Evi- as these which limit our arms and pos- say this treaty does not go far enough, dently, either verification is no longer sibly put the United States as risk. and some may say it goes too far. The as important to them or they are more Now, we are hearing of some who have purpose of this treaty is not to put an willing to trust rather than verify. said this treaty is not strong enough. umbrella over all arms policy for all Notwithstanding these shortcomings And there has been some legitimate de- countries all at once. These objectives and inconsistencies, Mr. President, I bate about the verification system and and goals can be made through piece- intend to vote for the Resolution of reduction schedule which I and many meal approaches, and this is exactly Ratification, and I do so because it of my colleagues share. what this treaty does. points our country in the right direc- But I do not believe these concerns We have a new ally with the Russian tion. rise to the level to oppose this treaty Federation, and we must move ahead But at the same time I would like to since it provides a mutual framework to strengthen our relationship with send a message as loudly and clearly as for pursuing the continued destruction this new ally and make this world a I can to the administration and to my of weapons and missiles whose sole pur- safer place. I urge my colleagues to colleagues here in the Senate: our work pose was to be used against the Untied support the Moscow Treaty without to deal with the threat posed by weap- States. This treaty is too important to further conditions being set upon it. It ons of mass destruction does not—in oppose. It highlights and emphasizes is the right thing to do. fact cannot—stop with this vote. the vitality of the new relationship be- Mr. DASCHLE. Mr. President, I con- Last fall, the President’s National tween the United States and Russia. gratulate Senators Lugar and Biden on Security Strategy stated that: And with the ongoing war on ter- their efforts on this treaty. In their The gravest danger our nation faces lies at rorism, this is of utmost importance. new roles as chairman and ranking the crossroads of radicalism and technology. Like the chairman and ranking mem- member of the Foreign Relations Com- Our enemies have openly declared that they ber of the Senate Foreign Relations mittee, they have gotten off to an im- are seeking weapons of mass destruction, Committee, I believe our storage proce- pressive start. and evidence indicates that they are doing so dures are sound and I am thankful for By holding a series of hearings on with determination. the flexibility within the treaty for our pressing foreign policy questions, in- We need look no further than the strategic systems. Yet I, like many cluding the looming war in Iraq, they steadily escalating crisis in North others, do share some concerns on the have helped every Member of this body Korea to recognize that the President Russian side. But these concerns are and every American. was right on that point. alleviated since the Treaty has avenues In addition, they have taken the You will have to look much harder, we can pursue which addresses these Moscow treaty, a treaty that came to however, to ascertain exactly what the possible problems to ensure that weap- us with perhaps more questions than administration proposes to do about ons do not ever slip into the wrong answers, and added some definition. this crisis, let alone the larger issue of hands. Also, I am thankful Russia is Their collective labors on behalf of this proliferation worldwide.

VerDate Jan 31 2003 03:49 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.031 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3243 That is why last night I joined with this very important Resolution for NOT VOTING—5 several of my colleagues, including Ratification of the Moscow Treaty. Domenici McConnell Smith Senators LIEBERMAN and BIDEN, to in- The treaty is critically important to Graham (FL) Miller troduce S. Res. 77, a resolution that making the world a safer place and will The PRESIDING OFFICER. Two- calls on the administration to devise a lead to dramatic reductions in nuclear thirds of the Senators present having comprehensive strategy to confront the arsenals. I commend the chairmen. The voted in the affirmative, the Resolu- threat posed by the proliferation of next vote on the adoption of the Reso- tion of Ratification is agreed to. weapons of mass destruction. lution of Ratification will be the last The Resolution of Ratification The Bush administration’s policy to vote of the evening. agreed to is as follows: counter proliferation has suffered from In addition, there will be no rollcall Resolved, (two thirds of the Senators present concurring therein), inconsistency. It downplays immediate votes during tomorrow’s session, al- threats, such as North Korea, while SECTION 1. SENATE ADVICE AND CONSENT SUB- though the Senate will be in session to JECT TO CONDITIONS AND DEC- emphasizing others. It puts together a allow Members to speak in morning LARATIONS. coalition against terrorism, but has ig- business. Many will be speaking on The Senate advises and consents to the nored allies and undercut international Iraq. If any Members are interested, I ratification of the Treaty Between the action against proliferation. In sum, encourage them to come to the floor to United States of America and the Russian the administration’s actions have do so tomorrow. The next rollcall vote Federation on Strategic Offensive Reduc- tions (T. Doc. 107–8, in this resolution re- served to weaken the effort to establish will be on Monday at 6 p.m. a robust coalition against prolifera- ferred to as the ‘‘Moscow Treaty’’ or ‘‘Trea- I thank all Senators for their atten- ty’’), subject to the conditions in section 2 tion. tion. and declarations in section 3. Since taking office, the Administra- The PRESIDING OFFICER. The Sen- SEC. 2. CONDITIONS. tion has been deeply ambivalent about ator from Indiana. The advice and consent of the Senate to U.S. efforts to secure loose Russian nu- Mr. LUGAR. Mr. President, I ask for the ratification of the Moscow Treaty is sub- clear weapons and materials and unem- ject to the following conditions, which shall the yeas and nays on the Resolution of ployed nuclear scientists. While focus- be binding on the President: Ratification. ing on Iraq, it has ignored looming (1) REPORT ON THE ROLE OF COOPERATIVE problems elsewhere, such as North The PRESIDING OFFICER. Is there a THREAT REDUCTION AND NONPROLIFERATION ASSISTANCE. Recognizing that implementa- Korea and Iran. And rather than seek- sufficient second? There is a sufficient second. tion of the Moscow Treaty is the sole respon- ing ways to reduce the threat of nu- sibility of each party, not later than 60 days clear weapons, it pursues doctrines Is there further debate? after the exchange of instruments of ratifica- that would effectively lower the If not, the question is on agreeing to tion of the Treaty, and annually thereafter threshold for the use of nuclear weap- the Resolution of Ratification with on February 15, the President shall submit to ons, further compounding the threat of conditions and declarations to Cal- the Committee on Foreign Relations and the proliferation. endar No. 1, Treaty Document No. 107– Committee on Armed Services of the Senate This is too dangerous a situation to 8, the Moscow Treaty. The clerk will a report and recommendations on how call the roll. United States Cooperative Threat Reduction ignore any longer. Our resolution calls assistance to the Russian Federation can for a comprehensive strategy—not The assistant legislative clerk called best contribute to enabling the Russian Fed- unhelpful actions or ad hoc reactions— the roll. eration to implement the Treaty efficiently to confront the threat proliferation Mr. FRIST. I announce that the Sen- and maintain the security and accurate ac- presents to American citizens. ator from New Mexico (Mr. DOMENICI), counting of its nuclear weapons and weap- Among other proposals, we urge the the Senator from Kentucky (Mr. ons-usable components and material in the President to begin to build a coalition MCCONNELL), and the Senator from Or- current year. The report shall be submitted in both unclassified and, as necessary, classi- against proliferation, immediately and egon (Mr. SMITH) are necessarily ab- directly engage North Korea, vastly in- fied form. (2) Annual implementation report. sent. Not later than 60 days after exchange of in- crease the funding for U.S. programs Mr. REID. I announce that the Sen- struments of ratification of the Treaty, and that secure loose nuclear weapons, and ator from Florida (Mr. GRAHAM) and annually thereafter on April 15, the Presi- deliver sufficient homeland security the Senator from Georgia (Mr. MILLER) dent shall submit to the Committee on For- funds to the state, local and tribal gov- are necessarily absent. eign Relations and the Committee on Armed ernments so they can prepare their The yeas and nays resulted—yeas 95, Services of the Senate a report on implemen- first responders to respond against fur- nays 0, as follows: tation of the Treaty by the United States and the Russian Federation. This report ther terrorist attacks. [Rollcall Vote No. 43 Ex.] The administration tells us that the shall be submitted in both unclassified and, YEAS—95 as necessary, classified form and shall in- Moscow Treaty represents a new kind clude of agreement, one that acknowledges Akaka DeWine Lieberman Alexander Dodd Lincoln (A) a listing of strategic nuclear weapons we have emerged fully from the cold Allard Dole Lott force levels of the United States, and a best war era. We join the President in wel- Allen Dorgan Lugar estimate of the strategic nuclear weapons coming this new era. Baucus Durbin McCain force levels of the Russian Federation, as of But we must take this opportunity to Bayh Edwards Mikulski December 31 of the preceding calendar year; Bennett Ensign create a comprehensive strategy that Murkowski (B) a detailed description, to the extent Biden Enzi Murray possible, of strategic offensive reductions recognizes we have entered a new and Bingaman Feingold Nelson (FL) planned by each party for the current cal- potentially dangerous era of prolifera- Bond Feinstein Nelson (NE) Boxer Fitzgerald endar year; Nickles tion. Breaux Frist (C) to the extent possible, the plans of each Pryor To date the administration has failed Brownback Graham (SC) party for achieving by December 31, 2012, the Reed Bunning Grassley strategic offensive reductions required by in that effort. But we cannot afford to Reid Burns Gregg delay any longer. Roberts Article I of the Treaty; Byrd Hagel (D) measures, including any verification or Time is not on our side. The risks to Campbell Harkin Rockefeller Santorum transparency measures, that have been our security mount with each day that Cantwell Hatch taken or have been proposed by a party to passes without an administration Carper Hollings Sarbanes Chafee Hutchison Schumer assure each party of the other party’s con- strategy. Chambliss Inhofe Sessions tinued intent and ability to achieve by De- Mr. LUGAR. My understanding is the Clinton Inouye Shelby cember 31, 2012, the strategic offensive reduc- distinguished majority leader has a Cochran Jeffords Snowe tions required by Article I of the Treaty; statement. Coleman Johnson Specter (E) information relevant to implementa- Collins Kennedy Stabenow tion of this Treaty that has been learned as The PRESIDING OFFICER. The ma- Stevens Conrad Kerry a result of Strategic Arms Reduction Treaty jority leader is recognized. Sununu Cornyn Kohl (START) verification measures, and the sta- Mr. FRIST. Mr. President, first of Corzine Kyl Talent tus of consideration of extending the START all, I thank Senators Lugar and Biden Craig Landrieu Thomas Crapo Lautenberg Voinovich verification regime beyond December 2009; for their excellent work over the past 2 Daschle Leahy Warner (F) any information, insufficiency of infor- days. I appreciate their leadership on Dayton Levin Wyden mation, or other situation that may call into

VerDate Jan 31 2003 03:49 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.085 S06PT1 S3244 CONGRESSIONAL RECORD — SENATE March 6, 2003 question the intent or the ability of either (6) CONSULTATIONS. Given the Senate’s con- close last week with the end of Feb- party to achieve by December 31, 2012, the tinuing interest in this Treaty and in con- ruary. It was a month of much celebra- strategic offensive reductions required by tinuing strategic offensive reductions to the tion and many lessons. For me, it was Article I of the Treaty; and lowest possible levels consistent with na- also a time for reflection. I want to (G) any actions that have been taken or tional security requirements and alliance ob- have been proposed by a party to address ligations of the United States, the Senate take this opportunity to speak for just concerns listed pursuant to subparagraph (F) urges the President to consult with the Sen- a moment about where we have been, or to improve the implementation and effec- ate prior to taking actions relevant to para- where we are now and where we, as a tiveness of the Treaty. graphs 2 or 3 of Article IV of the Treaty. nation—‘‘under God, indivisible, with SEC. 3. DECLARATIONS. Mr. LUGAR. I move to reconsider the liberty and justice for all’’—must go. The advice and consent of the Senate to vote. Black History Month actually the ratification of the Moscow Treaty is sub- Mr. REID. I move to lay that motion evolved from Black History Week, es- ject to the following declarations, which ex- on the table. tablished in 1926 through the tremen- press the intent of the Senate: (1) TREATY INTERPRETATION. The Senate re- The motion to lay on the table was dous efforts of Dr. Carter Godwin affirms condition (8) of the resolution of agreed to. Woodson. He originally chose the sec- ratification of the Document Agreed Among Mr. LUGAR. Mr. President, I express ond week of February because of its the States Parties to the Treaty on Conven- my appreciation to Senator BIDEN for proximity to the birth dates of two tional Armed Forces in Europe (CFE) of No- his leadership and management of this great men whose role in the history of vember 19, 1990 (adopted at Vienna on May treaty and to all Members of the For- Black Americans are legendary: Fred- 31, 1996), approved by the Senate on May 14, eign Affairs Committee, including the erick Douglass and Abraham Lincoln. 1997, relating to condition (1) of the resolu- Dr. Woodson’s goal was simple: to high- tion of ratification of the Intermediate- distinguished occupant of the Chair, Range Nuclear Forces (INF) Treaty, ap- and also Senators who contributed con- light the many accomplishments of Af- proved by the Senate on May 27, 1988. structively to, I believe, a very impor- rican Americans and their history of (2) FURTHER STRATEGIC ARMS REDUCTIONS. tant achievement. contribution to the growth and success The Senate encourages the President to con- I specifically mention staff Members of the United States of America. tinue strategic offensive reductions to the who were most supportive and helpful: This year, as our Nation faces chal- lowest possible levels consistent with na- Tom Moore, Ed Levine, Jofi Joseph, lenges unsurpassed in my own personal tional security requirements and alliance ob- Brian McKenan, Jason Hamm, Ken memory, I would like to speak for a ligations of the United States. moment of what I hope and pray our— (3) BILATERAL IMPLEMENTATION ISSUES. The Myers, Sr., and Kenny Myers, Jr. We Senate expects the executive branch of the are appreciative of staff on both sides this United States Senate—contribu- Government to offer regular briefings, in- of the aisle for a remarkable piece of tions will be. cluding consultations before meetings of the work. The 20th century saw great strides Bilateral Implementation Commission, to I yield the floor. forward in equality, civil rights and ra- the Committee on Foreign Relations and the Mr. REID. I suggest the absence of a cial relations in America. These strides Committee on Armed Services of the Senate quorum. were made because dedicated men and on any implementation issues related to the The PRESIDING OFFICER. The women recognized what needed to be Moscow Treaty. Such briefings shall include done to right wrongs—and then they a description of all efforts by the United clerk will call the roll. States in bilateral forums and through diplo- The assistant legislative clerk pro- went and did the right things—some- matic channels with the Russian Federation ceeded to call the roll. times at the expense of their own lives. to resolve any such issues and shall include Mr. FRIST. Mr. President, I ask Recently, Darrell Green, former a description of unanimous consent that the order for Washington Redskin great and future (A) the issues raised at the Bilateral Imple- the quorum call be rescinded. National Football League Hall of mentation Commission, within 30 days after The PRESIDING OFFICER. Without Famer, told a group of Senators that such meetings; knowing the right thing to do is easy. (B) any issues related to implementation objection, it is so ordered. Doing the right thing takes a lot of of this Treaty that the United States is pur- f suing in other channels, including the Con- commitment and very hard work. He sultative Group for Strategic Security estab- UNANIMOUS CONSENT AGREE- reminded us that we are in the Con- lished pursuant to the Joint Declaration of MENT—EXECUTIVE CALENDAR gress to serve—and when we are gone, May 24, 2002, by the Presidents of the United the world should be a better place not Mr. FRIST. Mr. President, I ask States and the Russian Federation; and just for a few, but for all people. unanimous consent that at 6 o’clock on (C) any Presidential determination with Twenty years from now, as our re- Monday, March 10, the Senate proceed respect to issues described in subparagraphs placements in this Chamber celebrate (A) and (B). to executive session for the consider- Black History Month, I hope they will (4) NONSTRATEGIC NUCLEAR WEAPONS. Rec- ation of Calendar No. 39, the nomina- have cause to celebrate the good that ognizing the difficulty the United States has tion of Gregory Frost to be U.S. Dis- we accomplished. I hope they will be faced in ascertaining with confidence the trict Judge for the Southern District of number of nonstrategic nuclear weapons able to celebrate the progress we made Ohio; provided further that the Senate maintained by the Russian Federation and in bringing people together. I hope then proceed immediately to a vote on the security of those weapons, the Senate they will celebrate the fact that United the confirmation of the nomination; urges the President to engage the Russian States Senators of the 108th Congress further that following that vote the Federation with the objectives of led the way in spurning activities and (A) establishing cooperative measures to President be immediately notified of speech designed to infect racial give each party to the Treaty improved con- the Senate’s action and the Senate wounds, not heal them. fidence regarding the accurate accounting then resume legislative session. and security of nonstrategic nuclear weapons And I hope they will celebrate the The PRESIDING OFFICER. Without maintained by the other party; and fact that we, as today’s leaders, made (B) providing United States or other inter- objection, it is so ordered. great strides forward in parity in edu- national assistance to help the Russian Fed- f cation and health care for all Ameri- eration ensure the accurate accounting and cans. security of its nonstrategic nuclear weapons. MORNING BUSINESS We all know that education is the ul- (5) ACHIEVING REDUCTIONS. Recognizing the Mr. FRIST. I ask unanimous consent transformed relationship between the United timate key to opportunity. Our public States and the Russian Federation and the that the Senate return to legislative education system is an unparalleled significantly decreased threat posed to the session and proceed to a period for commitment by the United States of United States by the Russian Federation’s morning business. America to our Nation’s children. We strategic nuclear arsenal, the Senate encour- The PRESIDING OFFICER. Without need to make certain that we provide ages the President to accelerate United objection, it is so ordered. them with the tools they must have to States strategic force reductions, to the ex- succeed. Their success, after all, is tent feasible and consistent with United f vital to all of our future endeavors. If States national security requirements and BLACK HISTORY MONTH alliance obligations, in order that the reduc- we are to make progress worth cele- tions required by Article I of the Treaty may Mr. FRIST. Mr. President, as you brating by future generations, we must be achieved prior to December 31, 2012. know, Black History Month drew to a do the right things.

VerDate Jan 31 2003 03:49 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.051 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3245 We must also do the right things to older, many on fixed incomes, rely on all of your investors as the story. The reduce health disparities. It is simply dividend income to make ends meet story is, are we making a profit and are wrong that an African American male from month to month. The average— we paying a dividend. That is kind of the same age as myself is significantly and this is an important figure be- the old way that created the stability more likely than am I to contract cause, remember, our critics are say- in corporate America that most inves- heart disease. We need to provide not ing, but this is just for the rich; re- tors began to rely on years ago. only research, but action in this area. member, 9 million seniors, 65 years of Dividends signal stability. They en- Every American deserves the highest age and older—dividend income for courage shareholders to hold for the quality health care, regardless of race. these taxpayers is a little over $4,000 long term even when companies go I hope they will celebrate the fact per year. But $4,000 additional money through tough times. For example, that we fought an aggressive and effec- per year for someone living on a fixed Bristol-Myers is a company that has tive war against AIDS, the plague of income is a substantial amount of gone through tough times recently. our time—and perhaps of all time. A money. The current annual dividend is $1.12, disease that disproportionately affects Let me share with you the testimony with a yield of about 5 percent. Inves- African Americans and indeed, the con- of one of the witnesses at the Aging tors know Bristol-Myers is basically a tinent of Africa. Committee hearing, Dick Buxton from sound, healthy, productive company. Mr. President, last month we cele- Idaho. Mr. Buxton was there to talk The dividend is a big part of investor brated the amazing accomplishments about the beneficial impact of ending confidence in the long-term strength of of African Americans throughout our double taxation on dividends and what a company. The psychology of share- history. Let us also celebrate a joint it would do to his father and mother- holders changes with short-term to commitment to ensure that our con- in-law. His father is 89 years old, a rail- long-term as it relates to the value of tribution to Black history—really, to road retiree; his mother-in-law is 91 dividends and when those dividends go American history—will be that we years old and a retired schoolteacher. up. serve well, do what is right, and leave They both worked very hard all their Dividends encourage internal invest- the world a better place. lives, saved a little money, and in- ment in only the best ideas. Dividends f vested in corporations that paid divi- are taxed at a much higher rate than dends as a part of their life savings to capital gains. The higher dividend tax DOUBLE TAXATION OF DIVIDENDS benefit their income. encourages companies to hoard cash AND CORPORATE GOVERNANCE They are not wealthy people. They rather than pay it out in dividends. Mr. CRAIG. Mr. President, I come to are what is clearly part of the number The dividend penalty causes too much the floor this afternoon to speak with I am talking about. They are not re- money to be chasing too few good in- my colleagues as chairman of the Spe- tired Wall Street investment bankers. vestment ideas. We have seen that in cial Committee on Aging. Every person They are not wealthy heirs to family spades as companies have come tum- in this Chamber, every Senator, has an fortunes. These are the middle-class bling down as a result of bad decisions abiding interest in the welfare of seniors who were frugal throughout made by corporate America. America’s seniors. The issue I wish to their lifetime and saved a nest egg for One of our experienced witnesses speak to this afternoon is, No. 1, how retirement. These are the faces of sen- known as an expert, Hillary Kramer, double taxation unfairly targets older iors across the country who should not who is often on television and has her Americans and the disastrous effect of be penalized for saving. That is what own program, speaking to the stability the dividend penalty on corporate gov- our President has said, and that is one of investment, spoke about United Air- ernance. of the reasons he has offered up the op- lines. Over the past couple of decades, During the first week of February, portunity to take down the double tax- UAL invested their cash in Internet the Aging Committee held a hearing ation of dividends. These are the kind ventures and car rentals and hotels. entitled ‘‘Tax Fairness: Does Double of people who would benefit clearly United Airlines ventured out of their Taxation Unfairly Target Older Ameri- from the abolition of that double tax- core competency; that is, getting peo- cans?’’ ation. ple from one spot to another on an air- Those attending the Aging hearing Ending the dividend penalty not only liner, in part because the Tax Code learned that older Americans, both benefits older Americans. It gives a pushed them in that direction. Share- working and retired, are subject to much needed boost to our economy. It holders might have been better served double taxation more than any other also makes corporations more account- if they had paid a higher dividend in- age group in the United States. Just able. At the hearing, we learned that stead and stayed with the business of yesterday, Larry Kudlow, economist- restoring trust in ensuring the honest efficiently and safely moving people spokesman on Fox News, a television financial management of our Nation’s through their airlines. commentator, was here to speak to companies is extremely important as The dividend penalty diverts cash many of us on the issue of double tax- an issue of this moment in our Nation’s away from shareholders into bad but ation. Older Americans are literally history. Larry Kudlow spoke very tax-favored activities. On the other being taxed to death by their own Gov- clearly to that issue yesterday, that it hand, paying cash out in dividends en- ernment. is a unique time in our Nation’s invest- courages stockholders to channel the Let me share with you three reasons ment history, and we need to give this cash into the most productive invest- seniors are double taxed. The reality is, area of our economy a jolt. Improving ment opportunities available inside first, many seniors pay taxes twice on confidence in our financial markets is and outside the company. This encour- Social Security benefits. Secondly, the critical to all workers, retirees, espe- ages management to be more careful Government collects the death tax cially after the Enron and WorldCom and prudent when investing cash. After when a senior passes on. Third, divi- debacles. all, this is cash that is owed to the dend income is also taxed twice; it is How would ending the dividend pen- stockholder or owned by the stock- taxed once at the company level and alty improve corporate accountability? holder. again at the individual level. Older Well, dividends don’t lie. You either The dividend penalty encourages a Americans are more likely to hold in- have the cash to pay them or you dangerous buildup of debt and discour- vestments that pay dividends than any don’t. Increases in dividend payments ages using cash to finance internal in- other age group. Over 70 percent of all would provide a clear and unmistak- vestments. Heavy business debt makes taxable dividend payments are received able signal of a company’s strength and companies less stable. The cost of debt by Americans age 55 and older. viability in the market to the average is artificially low compared to using Clearly, eliminating the dividend person who would invest in that com- cash because of the double taxation of penalty will benefit older Americans pany. No corporate report, no message dividends. Interest payments on debt and seniors who have worked hard all by a corporate executive saying: Here are subsidized by the Tax Code as an of their lifetime, sacrificed, and saved is what we are going to do, and here is expense. In other words, we encourage a nest egg for their retirement. More how we are going to bump the stock, corporate indebtedness by this very than 9 million seniors age 65 years and and here is the game we are playing for method. Dividends, on the other hand,

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.053 S06PT1 S3246 CONGRESSIONAL RECORD — SENATE March 6, 2003 are taxed now at a rate of nearly 70 I say we end the dividend penalty Charleston: 38th Ordnance Group, 56. percent, second highest in the world. now for the sake of our seniors, who Little Rock: 468th Chemical Battalion, 45. The first highest is Japan. The flattest, are the savers and investors in stable N. Little Rock: 489th Engineer Battalion, most stagnant, economy in the world investments, and who live on fixed in- 452. today is Japan. Little Rock: 90th Reserve Support Com- comes, and for the sake of returning mand, 22. There is a simple and clear expla- trust to the governance of corporate Little Rock: 112th Chaplain Detachment, 2. nation. We all know that if we want America. Little Rock: U.S. Army Engineering Facil- more of something, we subsidize it; if I yield the floor. ity Group, 8. we want less of something, we tax it. f Air National Guard (145 Arkansans): Remember, heavy debt has been associ- Little Rock: 189th Airlift Wing, 99. ated with many of the recent large ARKANSAS TROOPS ACTIVATED Fort Smith: 188th Airlift Wing, 46. bankruptcies about which I have spo- FOR WAR ON TERROR AND IN Naval Reserves (7 Arkansans): ken. MIDDLE EAST Little Rock: Naval Support Activity Bah- rain, Detachment C, 7. You will remember that Enron had Mrs. LINCOLN. Mr. President, I rise significant debt levels, among other today to pay tribute to the American f things, that it had most of its problems troops in the National Guard and Re- investing in a variety of areas outside LOCAL LAW ENFORCEMENT ACT serves who are placing themselves in of its core competence. The Tax Code OF 2001 harm’s way to defend our Nation encourages debt and discourages divi- Mr. SMITH. Mr. President, I rise against the threats of terrorism and dend payments. today to speak about the need for hate global instability. The double taxation of dividends en- crimes legislation. In the last Congress As of Wednesday, March 5, there are courages the creation of noncorporate Senator KENNEDY and I introduced the 176,553 Reservists and Guardsmen na- entities. These noncorporate entities Local Law Enforcement Act, a bill that tionwide activated in the war on ter- include partnerships and limited liabil- would add new categories to current rorism and in preparation for a poten- ity corporations. Again, Enron left hate crimes law, sending a signal that tial war against Iraq. Currently, there many of its debts off the books. As a violence of any kind is unacceptable in are 1,875 Arkansans activated in the result, Enron overstated profits by our society. Guard and Reserves. I ask unanimous some $400 million in its annual reports. I would like to describe a terrible consent that the attached list be print- Noncorporate entities do not pay dou- crime that occurred March 2, 2003, in ed in the RECORD following my re- ble taxes like corporations. New York City. Robert Spreng, 53, a marks. Many of the scandal-ridden compa- resident of Manhattan’s Upper East The PRESIDING OFFICER. Without nies that imploded over the past few Side, was attacked at 4 a.m. as he objection it so ordered. years had created several noncorporate walked home from a local bar. Spreng (See exhibit 1.) entities—in part, to escape double tax- was followed by three men who ap- Mrs. LINCOLN. Mr. President, the ation. Again, the Government says to proached him and screamed, ‘‘Faggot!’’ sacrifices that these men and women do one thing—be honest and straight- Spreng raised his hands and said that are making to protect our freedoms, forward. But the same Government en- he didn’t want any trouble, to which depend our libraries, and ensure re- courages complexity and dishonesty the assailants responded, ‘‘Faggot, gional and global stability. We are very with its very own tax policy. you’re going to have trouble tonight.’’ A year ago, Professor Jeremy Siegel proud of each and every one of them, Then the three men attacked Spreng, of the Wharton School of Business and we owe all of them a tremendous punching and kicking him. A witness wrote in the Wall Street Journal: debt of gratitude for their service and called police, who were able to stop the for their dedication to their country. Nothing could possibly excuse Enron, Ar- beating. thur Andersen and other firms from their de- We look forward to welcoming them I believe that Government’s first ceptive and fraudulent practices. But cries home safely. for accounting reforms, transparent earning duty is to defend its citizens, to defend EXHIBIT NO. 1 reports, and audit independence will not them against the harms that come out amount to anything [other than to slightly ARKANSAS TROOPS CURRENTLY ACTIVATED of hate. The Local Law Enforcement discourage this effort] if the U.S. tax system Amry National Guard (947 Arkansas): Enhancement Act is a symbol that can encourages firms to do just [what Enron did]. N. Little Rock: State Area Command, 4. become substance. I believe that by The double taxation of the dividends Ft. Smith: 2nd Battalion, 142nd Field Artil- passing this legislation and changing lery, HQ, 42. is hurting efforts to prevent corporate current law, we can change hearts and corruption. The frustrating thing is Lincoln: 2nd Battalion, 142nd Field Artil- lery, SVC Battery, 20. minds as well. that even after enacting tougher pen- Van Buren: 2nd Battalion, 142nd Field Ar- f alties for corporate crooks, it may be tillery, Battery A, 72. wasted effort, unless we end the double Siloam Springs: 2nd Battalion, 142nd Field UNANIMOUS CONSENT taxation penalty. The incentive is Artillery, Battery B, 73. CONSIDERATION backward, Mr. President. If we have Ozark: 2nd Battalion, 142nd Field Artillery, Mr. INHOFE. Mr. President, earlier learned nothing over the past decades, Battery C, 73. today I submitted a request to the Sen- we should have learned that incentives West Memphis: 216th Military Police Com- ate to be considered with respect to the do matter. pany, 124. I would venture most of us in the Little Rock: 149th Medical Company, 2. referral of the nomination of the As- Chamber agree that ending the double Little Rock: 343rd Mobile Public Affairs sistant Secretary of the Army for Civil Detachment, 7. taxation of dividends is good for older Works for the 108th Congress. Ft. Smith: 935th Support Battalion, 99. The order reads as follows: Americans and it is good tax policy. It N. Little Rock: 935th Support Battalion, 32. Ordered that, when the nomination for the would be a shame for us to cast aside Charleston: 296th Medical Company, 117. Assistant Secretary of the Army for Civil good policy without a fair and honest Marked Tree: 1123rd Transportation Com- Works is received by the Senate, it be re- appraisal. pany, 167. ferred to the Committee on Armed Services, N. Little Rock: 25th Support Detachment, I urge my colleagues to support the provided that when the Committee on Armed 49. effort to end the double taxation of Services reports the nomination, it be re- N. Little Rock: 114th Aviation Air Traffic dividends. We can help improve cor- ferred to the Committee on Environment and Control Battalion, 64. porate accountability by proper tax Public Works for a period of 20 days of ses- N. Little Rock: 223rd Regiment (Regional policy, while greatly helping America’s sion, provided further that if the Committee Training Institute, 2. on Environment and Public Works does not seniors. Army Reserve (794 Arkansans): report the nomination within those 20 days, In conclusion, I will quote one of the Fayetteville: 362nd Psychological Oper- the Committee be discharged from further expert witnesses who testified at our ations Company, 67. consideration of the nomination and the hearing, Hilary Kramer: Little Rock: 431st Civil Affairs Battalion, nomination be placed on the calendar. Abolishing the double taxation of divi- 140. dends is about keeping companies honest, Little Rock: 460th Chemical Brigade, 1. This order has been closely coordi- competent, and resourceful. . . . Pine Bluff: 92nd Chemical Battalion, 1. nated with both the chairmen and

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.052 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3247 ranking members of the Committee on Restoration Act, P.L. 105–391. Vision FILIBUSTERS ON JUDICIAL Armed Services and the Committee on 2020 represents the culmination of a NOMINEES Environment and Public Works. As three-year effort and the first major re- ∑ chairman of the EPW Committee and a form of the National Park Service in Mrs. BOXER. Mr. President, last senior member of the Armed Services more than 30 years, including an 11 week in the Senate, I indicated that with the exception of Supreme Court Committee, I thank Chairman WARNER year effort to reform the Agency’s Con- nominees, I believed that if a judicial and Senator LEVIN for working with cession Management Program. nominee answers the questions posed Senator JEFFORDS and myself. After 14 dedicated years working for to him or her and provides the Senate Mr. JEFFORDS. I too support this the Senate Energy Committee, and with the information needed in order order, and I thank my colleagues on more than 23 years with the National for us to perform our constitutional both the EPW Committee and Armed Park Service, it is with gratitude and role of advice and consent, I would not Services for working together on this great enthusiasm that I convey my engage in a filibuster on the nomina- request. personal thanks and appreciation to tion. f Jim O’Toole. I also announce that Jim I made this remark expecting that HONORING JAMES T. O’TOOLE is officially retired from his life of pub- lic service as of today, and he will be the so-called blue slip process would be Mr. THOMAS. Mr. President, I rise joining the private sector. honored. That is, if a Senator from the today to express my thanks to James Again, I express my appreciation to nominee’s home State did not return a ‘‘Jim’’ O’Toole for all of his hard work Mr. O’Toole and I wish him well with blue slip, that nominee would not have and efforts with the Parks and Historic all of his new ventures and future chal- a hearing, would not be considered in Preservation Subcommittee which I lenges. the Judiciary Committee, and would chair. never even come before the full Senate. Born and raised in San Francisco, f A filibuster would not be possible be- Jim O’Toole is a graduate of St. Igna- cause the nomination would not leave tius College Prep and the University of the Committee. San Francisco. After a 23-year career ADDITIONAL STATEMENTS After my remarks, however, some- with the National Park Service, he thing happened that makes me ques- came to Washington, D.C. in 1987 as tion that assumption. I heard on good part of the U.S. Department of the In- TRIBUTE TO FIRE CHIEF STEVE authority that hearings are being con- terior’s Management Development Pro- PAULSELL sidered on nominees for whom a blue gram where he also served on a profes- slip has not been returned. sional fellowship to the Senate Com- ∑ Mr. BOND. Mr. President, I rise to mittee on Energy and Natural Re- pay tribute to Fire Chief Steve Given this development, it is possible sources. After the completion of his Paulsell who for the past 25 years has that the Senate could, in the very near fellowship, Mr. O’Toole resigned from been Chief of the Fire District in Boone future, be asked to vote on a nominee the Park Service and assumed the roles County, MO. When Mr. Paulsell became for whom a blue slip was never re- as professional staff member for the Fire Chief in 1997, the fire department turned. At the time of my statement committee. During his tenure in the was volunteer and consisted of six sta- last week, I was not aware that such an Senate, he served as professional staff tions and 50 firefighters. Under Chief abrupt change in Senate practice was for the minority for the Subcommittee Paulsell’s supervision, the fire district being contemplated so seriously and so on Public Lands, National Parks and has become a national leader in fire quickly. Forests from 1987 to 1994, and with the and emergency service. Chief Paulsell’s Therefore, Mr. President, if a nomi- majority for the Subcommittee on Na- departmental accomplishments in- nee were to come before the full Senate tional Parks, Historic Preservation and clude: growth from six to fourteen fire without a blue slip having been re- Recreation from 1994 until now. stations in 2003, over 300 volunteer per- turned by a home State Senator, I re- Mr. O’Toole’s primary issue respon- sonnel, creation of one of 28 Federal serve the right to participate in a fili- sibilities encompassed all work relat- Emergency Management Agency urban buster on that nomination. search and rescue task forces, an FBI ing to the Subcommittee on National Furthermore, after I gave my state- accredited bomb squad, award-winning Parks, Historic Preservation and ment last week, an incident occurred elementary school education life safety Recreation, including: oversight of the in the Senate Judiciary Committee program, creation of fire and building National Park Service and Park Po- that is of great concern to me and codes in Boone County, and original lice; Wild and Scenic Rivers; National should be to the entire Senate. The creator of the Joint Communications Trails and Recreation Areas; Historic rules of the Judiciary Committee re- 911 Center. Chief Paulsell’s personal ac- Sites and Preservation; Military Parks quire at least one Member of the mi- complishments include: International and Battlefields; Land and Water Con- nority party to agree to end debate on Association of Fire Chief’s Fire Chief servation Fund; outdoor recreation re- a matter before the Committee. De- of the Year in 1996, chair of the Mis- sources; preservation of prehistoric spite this rule, and despite the fact souri Fire Service Alliance, National ruins and objects of interests on the that no one on the Democratic side Fire Academy course developer, and public domain; concessions programs voted to end debate, the Committee developer of Missouri State Fire Mu- affecting federal land management held a vote on two circuit court nomi- tual Aid system. In addition to these agencies; and various public land man- nees anyway. agement issues. Over the past fourteen accomplishments, Mr. Paulsell has tes- years, the bulk of the Senate Energy tified on behalf of the Nation’s fire If Committee rules are going to be ig- Committee legislation has been re- service to the Senate. nored—if the rights of the minority ported from the National Parks Sub- Boone County Fire District Board party and the interests of the minority committee which Jim staffed. Mr. President Willis Smith praises Chief party are trampled upon—this process O’Toole was also the primary Senate Paulsell and states, ‘‘He was the right is going to break down. It may take a staffer for H.R. 3248, the Omnibus man to lead our fire department in 1977 filibuster in the full Senate to ensure Parks and Public Lands Act of 1997, and he is still the right man to lead. He that the rules are followed. (P.L. 104–333). This law contains the has the vision, insight and leadership Finally, Mr. President, when Presi- precedent setting San Francisco Pre- abilities to continue to grow this de- dent Bush was elected, he pledged to sidio legislation which has been used as partment.’’ I commend Boone County govern from the center. Judicial can- a template for similar private sector Fire Chief Steve Paulsell for his dedi- didates who are not moderate, main- initiatives including the Oklahoma cated service to protecting and improv- stream nominees violate that pledge. I City Memorial and the Baca Ranch in ing the quality of fire and emergency want to hold President Bush to his New Mexico. services for Missourians, and for mak- pledge, so I also reserve the right to fil- More recently, Jim was instrumental ing the Boone County Fire District a ibuster a nominee who is far outside in the passage of the Vision 2020 Parks model for our country.∑ the mainstream.∑

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.056 S06PT1 S3248 CONGRESSIONAL RECORD — SENATE March 6, 2003 TRIBUTE TO VICTOR BAIRD I am very pleased that Walter Clore There being no objection, the mate- ∑ Mr. THOMAS. Mr. President, I pay lived to see this honor—and so many rial was ordered to be printed in the tribute today to Victor Baird, who is other honors—bestowed on Washington RECORD, as follows: retiring from his position as Staff Di- wine. These honors reflect just how far [From the Wine Press Northwest, Feb. 3, rector and Chief Counsel to the U.S. the Washington wine industry has 2003] Senate Select Committee on Ethics come. They are also an outstanding WALTER CLORE, ‘‘FATHER OF WASHINGTON after more than 15 years of service. tribute to the legacy of Walter Clore WINE,’’ DIES Victor has done a good job under dif- and his vision, hard work, and dedica- YAKIMA, Wash.—Dr. Walter Clore, the man ficult circumstances. I have been a tion. known as the ‘‘Father of Washington Wine,’’ member of the Committee for a couple I had the great privilege to meet Wal- passed away this morning. He was 91. of years, but in that short time, Victor ter Clore in August 2002. That month, I Clore, who in 1972 predicted wine consump- spent two days traveling through tion would triple in the U.S. by 1999, died in has handled several high profile and a Yakima-area convalescent home. Consid- sensitive situations very well. He cer- Washington wine country—from Yakima to Prosser to the Tri-Cities to ered the father of Washington wines, Clore tainly has been an asset in helping the came up with the idea of growing wine committee preserve the integrity of Walla Walla. I toured wineries and grapes in the Columbia Valley after arriving the U.S. Senate. Often in this type of vineyards and visited with wine grape in Prosser soon after Prohibition was re- job, you end up making no one happy. growers, vintners, and researchers. pealed. Victor handled this thankless task Walter Clore was himself a re- Clore retired from the Washington State with an even demeanor. searcher. He spent 40 years at the University Irrigated Agriculture Research and Extension Station in 1976, four years Vitor has spent much of his life in Washington State University Irrigated Agriculture Research and Extension after he commented on the future of wine in public service—in the military, for the this country at a chamber of commerce state of Georgia and in the U.S. Sen- Center in Prosser, Washington, an in- meeting. His involvement remained strong ate—and he has done it well. I wish stitution that has helped lead Wash- well into retirement. Last summer, he vis- him the best in his new endeavors.∑ ington agriculture forward in so many ited with U.S. Sen. PATTY MURRAY when she ways. During his career, Walter devel- toured the region’s wine country. f oped and tested wine grape varieties Clore literally helped write the book on TRIBUTE TO THE MOREHEAD throughout Washington State. the Washington wine industry. In fact, The STATE UNIVERSITY VARSITY Walter Clore retired in 1976, but he Wine Project, co-authored by Ron Irvine, CHEERLEADERS serves as a biography of sorts for the man was not content to relax and watch some view as the Johnny Appleseed of vinif- ∑ Mr. BUNNING. Mr. President, today I from the sidelines. Using his 40 years of era grapes in the state. pay tribute to the Morehead State Uni- experience and knowledge, he con- He spent 40 years at the Prosser Experi- versity Varsity Cheerleaders. The nected emerging vintners with prom- ment Station. During his tenure, Clore, more squad was named the national cham- ising varieties and pointed them to than any other individual, is responsible for pions in the Universal Cheerleaders As- ideal sites for growing wine grapes. convincing Eastern Washington farmers they I am deeply saddened by the loss of could grow world-class wine grapes. sociation-sponsored competition ear- Clore was born July 1, 1911, and grew up in lier this year. Walter Clore. But I take solace in the Oklahoma during Prohibition and was raised The Morehead State University coed fact that he pursued his passion with a teetotaling Methodist. He came to Wash- varsity cheerleading squad was award- unrelenting determination and trans- ington State College in 1934 on a $500 fellow- ed their 13th national title in Division formed his vision of a vibrant Wash- ship. In 1937, Clore was appointed assistant I. Along with winning the overall title, ington wine industry into a reality. We horticulturist. He was the third faculty Morehead State University won the all- need more pioneers like Walter Clore. member on staff at the center and began girl partner stunt competition and re- Today, Washington state’s $2.4 bil- working with tree fruits and small fruits— lion wine industry is the Nation’s sec- including grapes. ceived second place in the all-girl One of Clore’s primary contributions to the squad. ond largest producer of premium wines. industry was figuring out where premium The citizens of Morehead, KY should The industry boasts more than 200 wine grapes could be grown in the state. He be proud to have Morehead State Uni- wineries and 300 wine grape growers. grew vinifera varieties throughout the state versity cheerleading champs living and More important to consumers than the and collected volumes of data on how they learning in their community. Their ex- size of the industry, my State con- fared. He retired in 1976. ample of hard work and determination tinues to earn respect for its quality, Soon after, the Washington wine industry should be followed by all in the Com- affordable wines. began to grow in earnest and Clore began consulting. Stimson Lane Vineyards and Es- monwealth. I believe the best way to pay tribute tates, which owns Columbia Crest and Cha- I would like to congratulate the to Walter Clore is to continue his leg- teau Ste. Michelle, sought Clore’s advice. He members of the varsity squad for their acy. As a U.S. Senator, that means pointed them to several sites that have success. But also, I want to congratu- funding research through USDA and in- turned out of be among best in the state, in- late their coach, Myron Doan, along stitutions like Washington State Uni- cluding Horse Heaven Hills and Cold Creek. with their peers, faculty, administra- versity to keep the industry healthy ‘‘The industry got a running start because tors, and parents for their support and and on the cutting edge. It means in- he planted scores of varieties throughout the sacrifices they have made to help meet vesting in trade promotion initiatives Columbia Valley and collected the data nec- ∑ essary for vintners to make reasonable deci- those achievements and dreams. like the Market Access Program so sions about where to site a vineyard or win- f that Washington wine can earn the ery,’’ said Ted Baseler, president of Stimson markets and worldwide recognition it Lane. ‘‘Prior to that, many people decided it TRIBUTE TO WALTER CLORE deserves. And it means creating oppor- was a foregone conclusion that premium ∑ Mrs. MURRAY. Mr. President, in tunities for Washington wine country wine grapes could not be grown in Wash- February my State lost one of its great to become a destination spot for wine ington.’’ citizens and the father of the Wash- lovers who live in the Pacific North- Last fall, Columbia Crest honored Clore by west and around the Nation. naming its Bordeaux-style red blend the Wal- ington State wine industry, Walter ter Clore Private Reserve. It’s an honor Clore. As Washingtonians, we are so proud Clore, 91, appreciated on a couple of levels. My colleagues in the Senate may not to call Walter Clore our own. On behalf ‘‘I read in a recent Wine Spectator that know a fact that many wine drinkers of the Washington wine industry, I Opus One earned a 93 point rating (out of 100) around the globe have learned the last want to express my condolences to and was priced at $150,’’ Clore said during an few years: Washington state produces Walter’s family. I also want to let Oct. 16 ceremony at the Paterson, Wash., some of the highest quality wine in the them know that we will continue to winery. ‘‘I also read that the Columbia Crest world. In 2001, Wine Enthusiast Maga- build on his great legacy. Walter Clore Reserve received a 92 rating and was priced at $30.’’ zine named Washington state as ‘‘Wine Mr. President, I ask unanimous con- Several of those grape growers, along with Region of the Year’’ in recognition of sent that an article from Wine Press Clore’s friends and company officials, came its fast emergence as a global leader in Northwest about Walter Clore be print- out to help Columbia Crest and Clore toast producing quality wines. ed in the RECORD. the 1999 vintage. Special guests included

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.029 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3249 George Carter—Clore’s longtime assistant— eties for Washington’s environment. He laid sionary Baptist Church throughout its and Les Fleming, pioneer Grandview winery the basis for a multimillion dollar industry. 50 year history in Detroit. Their min- and vineyard manager. He was a role model for faculty and many istry attends to the entire person: Doug Gore, vice president and head wine- people have benefitted from his research and mind, body, and soul. I know my Sen- maker at Columbia Crest, said part of the extension work. He never lost his love for honor includes naming the room where the the industry. He didn’t teach formally in a ate colleagues will join me in saluting reserve wine is aged as the Walter Clore Bar- classroom, but he taught thousands of people the accomplishments of the Greater rel Room. through his publications, extension pro- Mt. Carmel Missionary Baptist Church ‘‘There are a lot of legends in the Wash- grams and training of students in field and in wishing them continued success ington wine industry, but it was Walter work.’’ in the future.∑ Clore who first dreamed it was possible,’’ Clore’s death came as plans were being Gore said. ‘‘The modern-day legends are a made to build a $6 million Walter Clore Wine f validation that he was right.’’ and Culinary Center in Prosser. TRANSMITTING NOTICE THAT THE Gore likes to tell the story about when he In 1993, the WSU Foundation established PRESIDENT HAS EXERCISED HIS was a brand-new assistant winemaker at the Walter J. Clore Scholarship Endowment Chateau Ste. Michelle’s Grandview winery to provide scholarships to full-time under- AUTHORITY TO ISSUE AN EXEC- and was told by his boss Kay Simon that if graduate students at WSU who are inter- UTIVE ORDER TO DECLARE A any grower comes to the back door wanting ested in studying grape production, proc- NATIONAL EMERGENCY WITH an analysis of their grapes to shoo them essing or marketing. RESPECT TO ZIMBABWE—PM 21 around to the front. Shaw and Sons Funeral Directors, Yakima, The PRESIDING OFFICER laid be- ‘‘There was this kindly looking gentleman is in charge of arrangements. who came to the back door wanting a sample Anyone who wishes to make a memorial fore the Senate the following message run on some grapes, and I told him to go gift may contact Patrick Kramer, WSU Col- from the President of the United around front. However he was persistent, so lege of Agriculture and Home Economics de- States, together with an accompanying I asked who he was and he told me, Walt velopment director, who has a list of four report; which was referred to the Com- Clore. I apologized for trying to get rid of charities the family has suggested. Kramer mittee on Banking, Housing, and him. That was the beginning of a long asso- may be reached at 509–335–2243 or at Urban Affairs: ciation with the man who I consider the [email protected].∑ Johnny Appleseed of Washington’s wine To the Congress of the United States: f grape industry,’’ Gore said. Pursuant to section 204(b) of the In the preface to The Wine Project, Clore IN RECOGNITION OF THE 50TH AN- International Emergency Economic wrote: ‘‘I grew up during Prohibition in a NIVERSARY OF THE GREATER Powers Act, 50 U.S.C. 1703(b) and sec- teetotaler, nonsmoking Methodist family. MT. CARMEL MISSIONARY BAP- tion 301 of the National Emergencies My mother was a staunch Women’s Christian TIST CHURCH Temperance Union Member.’’ Act, 50 U.S.C. 1631, I hereby report that It was an interest aside to the man who ∑ Mr. LEVIN. Mr. President, I would I have exercised my statutory author- grew up to be called the father of the Wash- like to pay tribute to the Greater Mt. ity to declare a national emergency ington’s wine industry, which today is vig- Carmel Missionary Baptist Church for with respect to the unusual and ex- orous, flourishing and much in debt to a half-century of dedication and leader- traordinary threat to the foreign pol- Clore’s visionary research. ship within the Detroit community. On icy interests of the United States posed It was Clore, a horticulturist at WSU’s Prosser research station, who was asked March 15, 2003, people will be gathering by the actions and policies of certain more than 40 years ago to look at the poten- in my hometown of Detroit, MI to cele- individuals who have formulated, im- tial of growing vinifera wine grapes in East- brate the 50th anniversary of Greater plemented, or supported policies that ern Washington. Mt. Carmel Missionary Baptist Church. have undermined Zimbabwe’s demo- ‘‘I was intrigued and was given the re- I am pleased to recognize the members cratic institutions. search task of determine the best adaptable of the Church for their many years of Over the course of more than 2 years, varieties for making premium wines,’’ he dedication and service to the commu- the Government of Zimbabwe has sys- said.’’This was not a difficult task, as I found tematically undermined that nation’s the interest of co-workers high including not nity. only those in Washington but Oregon, Idaho The Greater Mt. Carmel Missionary democratic institutions, employing vi- and British Columbia’’ he wrote. Baptist Church first opened its doors olence, intimidation, and repressive Clore also helped develop the rare on March 1, 1953. At the time, it was means including legislation to stifle Lemberger red variety and found some will- only a small congregation that met at opposition to its rule. This campaign ing disciples. One of these was Kiona Vine- a storefront every Sunday. In March of to ensure the continued rule of Robert yards Winery in the Red Mountain AVA, 1965, Greater Mt. Carmel relocated to Mugabe and his associates was clearly which has made Lemberger for more than 20 its current location on Helen Street in revealed in the badly flawed presi- vintages. John Williams, who with grower Jim Detroit. Later that year, the congrega- dential election held in March 2002. Holmes was one of the original partners at tion’s Radio Ministry was established Subsequent to the election, the Mugabe Kiona, said, ‘‘Dr. Clore was the man in the and, 38 years later, can still be heard government intensified its repression state’s wine industry as far as I’m concerned. every Sunday afternoon. of opposition political parties and If it hadn’t been for him, both Jim and I Over the last 50 years, Greater Mt. those voices in civil society and the probably would not have gotten into making Carmel has become a valuable and independent press calling on the gov- wine.’’ I remember in the late 1970s when he well-respected spiritual and edu- ernment to respect the nation’s demo- called me saying that since Kiona was the cational resource for its growing con- cratic values and the basic human only one interested in the Lemberger variety we would be first to get the plants released gregation. Under the guidance of Pas- rights of its citizens. To add to the des- by WSU,’’ Williams said. tors Montgomery and Pierce, the con- peration of the besieged Zimbabwean Bob Woehler, longtime Tri-City Herald and gregation has expanded upon many people, the current government has en- Wine Press Northwest wine writer, whose as- fronts and continues to enrich the lives gaged in a violent assault on the rule sociation with Clore traces back to the 1970s, of many people. Greater Mt. Carmel of law that has thrown the economy said, ‘‘His homespun dignity and overall Missionary Baptist Church has into chaos, devastated the nation’s ag- nice-guy friendliness was as impressive as partnered with Focus: HOPE to assist ricultural economy, and triggered a po- the knowledge he gave to the Washington tentially catastrophic food crisis. wine industry. with food delivery programs to the el- ‘‘Interestingly, Dr. Clore’s association with derly and underprivileged. In addition, As a result of the unusual and ex- wine led to developing a taste for it himself congregants prepare baskets and meals traordinary threat posed to the foreign despite his upbringing. He often liked to re- for homeless Detroit residents during policy of the United States by the dete- late at gatherings that he got his mother Thanksgiving and Christmas to ensure rioration of Zimbabwe’s democracy and eventually to try a sip or two,’’ Woehler that no one misses the joy of the holi- the resulting breakdown in the rule of said. day season. Greater Mr. Carmel is law, politically motivated violence, James Zuiches, dean of WSU’s College of widely recognized for the multitude of and the political and economic insta- Agriculture and Home Economics, said in a press release, ‘‘From my point of view, Wal- essential services it has provided in our bility in the southern African region, I ter Clore was a true pioneer in agricultural community. have exercised my statutory authority research. He took leadership without anyone I take great pride in recognizing the and issued an Executive Order which, telling him to, to evaluate wine grape vari- efforts of the Greater Mt. Carmel Mis- except to the extent provided for in

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.058 S06PT1 S3250 CONGRESSIONAL RECORD — SENATE March 6, 2003 regulations, orders, directives, or li- H. Con. Res. 54. Concurrent resolution ex- ant to law, the Semiannual Report to Con- censes that may be issued pursuant to pressing the sense of the Congress that there gress covering the six month period covering this order, and notwithstanding any should be established an annual National the period that ended September 30, 2002; to Visiting Nurse Association Week. the Committee on Governmental Affairs . contract entered into or any license or EC–1434. A communication from the Sec- f permit granted prior to the effective retary of Homeland Security, transmitting, date: MEASURES REFERRED pursuant to law, the report of a rule entitled Blocks all property and interests in The following joint resolution was ‘‘Regulations Regarding Nondiscriminating property of the individuals listed in the on the Basis of Race, Color, or National Ori- read the first and the second times by gin in Programs or Activities Receiving Fed- Annex to the order; unanimous consent, and referred as in- Prohibits any transaction or dealing eral Financial Assistance from the Depart- dicated: ment of Homeland Security (RIN 1602-AA03)’’ by United States persons or within the received on February 28, 2003; to the Com- United States in property or interests H.J. Res. 27. Joint resolution recognizing and commending the continuing dedication, mittee on Governmental Affairs. in property blocked pursuant to the selfless service, and commitment of members EC–1435. A communication from the Sec- order, including the making or receiv- of the Armed Forces and their families dur- retary of Homeland Security, transmitting, ing of any contribution of funds, goods, ing the Global War on Terrorism and in de- pursuant to law, the report of a rule entitled or services to or for the benefit of the fense of the United States; to the Committee ‘‘Enforcement of Nondiscrimination on the Basis of Disability in Department of Home- on Armed Services. persons designated pursuant to the land Security Programs or Activities’’ (RIN order. The following concurrent resolution 1601-AA05)’’ received on February 28, 2003; to The Secretary of the Treasury is fur- was read, and referred as indicated: the Committee on Governmental Affairs. ther authorized to designate any per- H. Con. Res. 54. Concurrent resolution ex- EC–1436. A communication from the Sec- son determined, in consultation with pressing the sense of the Congress that there retary of Homeland Security, transmitting, the Secretary of State, to be owned or should be established an annual National pursuant to law, the report of a rule entitled Visiting Nurse Association Week; to the ‘‘Nondiscrimination on the Basis of Sex in controlled by, or acting or purporting Education Programs or Activities Receiving to act directly or indirectly for or on Committee on Health, Education, Labor, and Pensions. Federal Financial Assistance (RIN 1601- behalf of, any persons designated in or AA04)’’ received on February 28, 2003; to the pursuant to the order. The Secretary of f Committee on Governmental Affairs. the Treasury is also authorized in the EXECUTIVE AND OTHER EC–1437. A communication from the Board exercise of my authorities under the Members, Railroad Retirement Board, trans- COMMUNICATIONS mitting, pursuant to law, the report entitled International Emergency Economic The following communications were ‘‘Justification of Budget Estimates Fiscal Powers Act to implement these meas- laid before the Senate, together with Year 2004’’ received on February 14, 2003; to ures in consultation with the Secretary accompanying papers, reports, and doc- the Committee on Governmental Affairs. of State. All Federal agencies are di- EC–1438. A communication from the In- uments, which were referred as indi- spector General, United States Railroad Re- rected to take actions within their au- cated: thority to carry out the provisions of tirement Board, transmitting, pursuant to EC–1426. A communication from the Under law, the Fiscal Year 2004 Budget Justifica- the Executive Order. Secretary of Defense, Personnel and Readi- tion, received on February 14, 2003; to the This Executive Order further dem- ness, Department of Defense, transmitting, Committee on Governmental Affairs. onstrates the U.S. commitment to sup- pursuant to law, the report relative to the EC–1439. A communication from the Sec- porting Zimbabwe’s democratic evo- Ready Reserve of the Armed Forces that re- retary of Homeland Security, transmitting, lution, and strengthens our coopera- mained on active duty as of January 1, 2003; pursuant to law, the report of a rule entitled tion with the European Union in ef- to the Committee on Armed Services. ‘‘Enforcement of Nondiscrimination on the forts to promote that evolution. The EC–1427. A communication from the Assist- Basis of Disability in Department of Home- land Security Programs or Activities (RIN European Union has acted to freeze the ant Secretary of Defense, International Se- curity Policy, Department of Defense, trans- 1601-AA05)’’ received on February 28, 2003; to assets of 79 individuals responsible for mitting, pursuant to law, the report relative the Committee on Governmental Affairs. the political, economic, and social de- to appropriations requested for each project EC–1440. A communication from the Acting terioration of Zimbabwe. With the ex- under each Cooperative Threat Reduction Principle Deputy Associate Administrator, ception of two individuals no longer as- (CTR) program element; to the Committee Environmental Protection Agency, transmit- sociated with the Government of on Armed Services. ting, pursuant to law, the report of a rule en- EC–1428. A communication from the Gen- titled ‘‘Approval and Promulgation of State Zimbabwe, this order encompasses all Plans for Designated Facilities and Pollut- those identified by the European eral Counsel, Department of Defense, trans- mitting, pursuant to law, the National De- ants: Rhode Island; Negative Declaration Union. (FRL 7459-5)’’ received on February 27, 2003; fense Authorization Bill for Fiscal Year 2004, to the Committee on Environment and Pub- I have enclosed a copy of the Execu- received on March 3, 2003; to the Committee tive Order I have issued. lic Works. on Armed Services. EC–1441. A communication from the Acting GEORGE W. BUSH. EC–1429. A communication from the Under Principle Deputy Associate Administrator, THE WHITE HOUSE, March 6, 2003. Secretary of Defense, Comptroller, Depart- Environmental Protection Agency, transmit- f ment of Defense, transmitting, pursuant to ting, pursuant to law, the report of a rule en- law, the report relative to violations of the MESSAGE FROM THE HOUSE titled ‘‘Approval and Promulgation of Antideficiency Act by the Department of the Implemention Plans and Operating Permits At 11:51 a.m., a message from the Air Force, case no. 00-02, totaling $3,062,000; Program; State of Iowa (FRL 7458-8)’’ re- House of Representatives, delivered by to the Committee on Appropriations. ceived on February 24, 2003; to the Com- Mr. Hays, one of its reading clerks, an- EC–1430. A communication from the Under mittee on Environment and Public Works. Secretary of Defense, Comptroller, Depart- EC–1442. A communication from the Acting nounced that the House has passed the ment of Defense, transmitting, pursuant to following bill and joint resolution, in Principle Deputy Associate Administrator, law, the report relative to violations of the Environmental Protection Agency, transmit- which it requests the concurrence of Antideficiency Act by the Department of the ting, pursuant to law, the report of a rule en- the Senate: Navy, case no. 01-05, totaling $1,592,173; to titled ‘‘Conditional Approval of Implementa- H.R. 1047. An act to amend the Harmonized the Committee on Appropriations. tion Plan; Indiana (FRL 7457-3)’’ received on Tariff Schedule of the United States to mod- EC–1431. A communication from the Under February 24, 2003; to the Committee on Envi- ify temporarily certain rates of duty, to Secretary of Defense, Comptroller, Depart- ronment and Public Works. make other technical amendments to the ment of Defense, transmitting, pursuant to EC–1443. A communication from the Acting trade laws, and for other purposes. law, the report relative to violations of the Principle Deputy Associate Administrator, H.J. Res. 27. A joint resolution recognizing Antideficiency Act by the Department of the Environmental Protection Agency, transmit- and commending the continuing dedication, Navy, case no. 01-07, totaling $149,251.70; to ting, pursuant to law, the report of a rule en- selfless service, and commitment of members the Committee on Appropriations. titled ‘‘Approval and Promulgation of State of the Armed Forces and their families dur- EC–1432. A communication from the Sec- Plans for Designated Facilities and Pollut- ing the Global War on Terrorism and in de- retary of Health and Human Services & the ants; New Hampshire; Negative Declaration fense of the United States. Secretary of Homeland Security, transmit- (FRL 7458-3)’’ received on February 24, 2003. ting, pursuant to law, the report of a draft EC–1444. A communication from the Acting The message also announced that the bill entitled ‘‘Project Bioshield Act of 2003’’ Principle Deputy Associate Administrator, House has agreed to the following con- received on February 27, 2003. Environmental Protection Agency, transmit- current resolution, in which it requests EC–1433. A communication from the Sec- ting, pursuant to law, the report of a rule en- the concurrence of the Senate: retary of Agriculture, transmitting, pursu- titled ‘‘Hexythiazox; Pesticide Tolerance

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.060 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3251 (FRL 7292-8)’’ received on February 24, 2003; of many nations, including Russia and working with and through the United Na- to the Committee on Agriculture, Nutrition, China, and worldwide public opinion, espe- tions, seeking the support and assistance of and Forestry. cially the people of Afghanistan who wel- both allies and interested powers, such as EC–1445. A communication from the Acting comed their delivery from the Taliban; and China and Russia, and explaining to and Principle Deputy Associate Administrator, Whereas, the United States is also ap- seeking the understanding and support of the Environmental Protection Agency, transmit- proaching the current North Korean crisis American people; and be it further ting, pursuant to law, the report of a rule en- with the same positive, multilateral ap- Resolved, That Governor Linda Lingle is titled ‘‘Flopet; Pesticide Tolerance (FRL proach with the support of neighboring coun- asked to convey to President George W. Bush 7296-2)’’ received on February 24, 2003; to the tries and allies, South Korea and Japan, and the strong support of the House of Rep- Committee on Agriculture, Nutrition, and the cooperation of China and Russia; and resentatives: Forestry. Whereas, the United States has secured the (1) For the men and women of our armed approval of the United Nations in the cur- f forces and their families; rent intensive arms inspection operation in (2) For his efforts in fighting terrorism and PETITIONS AND MEMORIALS Iraq and is seeking the support of NATO al- rogue states; lies and major powers in disarming and neu- (3) For using approaches other than a uni- The following petitions and memo- tralizing Iraq; and rials were laid before the Senate and lateral military solution; and Whereas, neither the nations of the world (4) For using a multi-national approach to were referred or ordered to lie on the nor public opinion is supporting the United find a solution to this problem through the table as indicated: States in seeking a unilateral military solu- United Nations; and be it further POM–57. A resolution developed by the tion in Iraq because they do not perceive the Resolved, That Hawaii’s Congressional dele- New England Coalition of State Councils on provocation or threat that existed in 1991 gation is also requested to convey to the offi- Aging relative to health care costs affecting when Iraq invaded and occupied Kuwait; and cers and members of the United States Con- Whereas, a unilateral military solution, senior citizens; to the Committee on Health, gress the views presented in this Resolution; specifically, a preemptive strike against Education, Labor and Pensions. and be it further Iraq, is fraught with many dangers such as a POM–58. A resolution developed by the Resolved, That certified copies of this Reso- possible igniting of a clash between Muslim lution be transmitted to the President of the New England Coalition of State Councils on and Christian nations; a disruption of oil United States, the United States Congress, Aging relative to health care facilities avail- supply and prices, which have unknown con- able to senior citizens; to the Committee on sequences to the world economy, including Hawaii’s Congressional delegation, and Gov- Health, Education, Labor and Pensions. the economy of the United States; and inten- ernor Linda Lingle. POM–59. A resolution adopted by the Wash- sification of the Arab-Israeli conflict; a pos- ington Parish School Board, Franklinton, sible incitement to other nations to settle POM–62. A resolution adopted by the Leg- State of Louisiana relative to Social Secu- scores unilaterally; and a rekindling of the islature of the State of Wyoming relative to rity; to the Committee on Finance. national divisiveness prevalent during the Army National Guard of Wyoming; to the POM–60. A resolution adopted by the Town Vietnam War; and Committee on Armed Services. Council of Mansfield, State of Connecticut Whereas, Hawaii suffered economically in A RESOLUTION relative to civil liberties; to the Committee the aftermath of Operation Desert Storm in Whereas, the Wyoming National Guard has on the Judiciary. 1991 and the downturn in tourism following deployed nine times in defense of the United POM–61. A resolution adopted by the House the attacks on the World Trade Center and States of America starting with the Spanish of Representatives, State of Hawaii relative Pentagon on September 11, 2001, and will American War. to disarming the rogue states of Iraq and likely suffer similar economic consequences Whereas, the soldiers from the Fourth In- North Korea through the United Nations and in a new Iraqi War or a conflict on the Ko- fantry Division Rear Operations Center will with support of Allies; to the Committee on rean Peninsula: Now, therefore, be it mobilize and deploy to Fort Hood, Texas and Foreign Relations. Resolved by the House of Representatives of prepare for eventual deployment to the Gulf HOUSE RESOLUTION NO. 22 the Twenty-second Legislature of the State of Region of Southwest Asia, leaving Wyoming Whereas, the people of Hawaii have always Hawaii, Regular Session of 2003, that this on January 27th, 2003 and they will display been taught and attempted to live the spirit body expresses its strong support for U.S. highway signs on roads entering into their of Aloha showing kindness, love, and gen- policy in containing and disarming the rogue station stating ‘‘Entering Wyoming’’ as a erosity towards their fellow man, but have states of Iraq and North Korea through the matter of their pride and honor. always risen to the occasion of defending United Nations and with the support of allies Whereas, this long term deployment will their country when it has been threatened by and friends; and be it further affect and severely test the families of these Resolved, That this body: outside forces; and (1) Reaffirms House Concurrent Resolution citizen-soldiers. Whereas, the rogue states of North Korea No. 2, dated January 18, 1991, and House Res- Whereas, the civilian employers of these led by Kim Jong Il and Iraq led by Saddam olution No. 106, dated March 12, 1991, sup- soldiers will also be affected by this deploy- Hussein, and terrorist organizations such as porting the men and women in our armed ment. Whereas, the support of these soldiers by Al Qaeda and Islamic Jihad have made the forces fighting in Operation Desert Storm the citizens of Wyoming is vital to their mo- world a very dangerous place to live; and and praising its success in ousting the Iraqi Whereas, in 1991, the United States pro- rale and esprit de corps. Now, therefore, be it invaders from Kuwait; vided the leadership and the means to main- (2) Restates unequivocally its strong com- Resolved by the Members of the Legislature of tain peace, security, and stability for the mitment to collective security through the the State of Wyoming: world by stopping and ousting the Iraqi inva- United Nations, as so nobly expressed by the Section 1. That all members of the Wyo- sion of the sovereign state of Kuwait; and men and women in Operation Desert Storm ming Legislature, and the Governor of the Whereas, the Hawaii Legislature strongly from the United States and twenty-seven co- State of Wyoming, deeply convey their supported Operation Desert Storm that alition partners; thanks and best wishes to the citizen-sol- ousted the Iraqi invaders from Kuwait in (3) Strongly supports the President’s posi- diers of the Fourth Infantry Division Rear House Concurrent Resolution No. 2, dated tive policy in seeking a dialogue, in concert Operations Center at the Wyoming Army Na- January 18, 1991, and the Hawaii House of with our allies, South Korea and Japan, and tional Guard and their families, for their Representatives reaffirmed its support of the with neighboring China and Russia, to have service to the Nation and Wyoming. United States’ policy for peace and reconcili- North Korea give up its nuclear program and Section 2. That these citizen-soldiers, and ation in the Middle East in House Resolution to institute appropriate international safe- their families, not be forgotten during their No. 106, dated March 12, 1991; and guards, including on-site United Nations in- service to our state and nation. All Wyoming Whereas, in 1994, the united States defused spection and a United States pledge of ‘‘no citizens are urged to contact the Wyoming the North Korean threat of nuclear develop- first strike’’; Army National Guard and volunteer to send ment in an agreement brought about by the (4) Strongly supports the President’s pol- letters and items from Wyoming to these mediation of former President Jimmy icy of containing and disarming Iraq as a Guard members during this mobilization for Carter; and threat to world peace and security, particu- OPERATION ENDURING FREEDOM and Whereas, the city of New York stood tall in larly the current United Nations arms in- otherwise help their families get through withstanding the attack on the World Trade spection to find and destroy Iraqi arms of this time of the force separation. Center on September 11, 2001; and mass destruction; Section 3. That these brave citizen-soldiers Whereas, the people of the United States (5) Expresses its strong concerns and res- from Wyoming stay out of harm’s way and rallied behind President George W. Bush’s ervations for a unilateral United States mili- return to their homes in Wyoming in good fight against Al Qaeda, which led to the de- tary solution, such as a preemptive strike on health and spirits as soon as their tour of struction of its network in Afghanistan and Iraq with only the support of Israel and the duty is completed. its liberation from religious fanaticism; and United Kingdom in the face of opposition and Section 4. That the Secretary of State of Whereas, the defeat of the Iraqi aggression reservations from world public opinion, in- Wyoming transmit copies of this resolution in 1991 and the Al Qaeda network in 2001–2002 cluding that of the American people; and to the President of the United States, to the owes much of its success to the leadership of (6) Strongly supports President George W. President of the Senate, and the Speaker of the United States in marshalling the support Bush in continuing the current policy of the House of Representatives of the United

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.063 S06PT1 S3252 CONGRESSIONAL RECORD — SENATE March 6, 2003 States Congress and to the Wyoming Con- District of New York for the term of four land, and for other purposes; to the Com- gressional Delegation. years. mittee on Indian Affairs. Humberto S. Garcia, of Puerto Rico, to be By Mr. CAMPBELL: POM–63. A resolution adopted by the Leg- United States Attorney for the District of S. 551. A bill to provide for the implemen- islature of the State of Wyoming relative to Puerto Rico for the term of four years. tation of air quality programs developed in the Wyoming Army National Guard; to the William H. Steele, of Alabama, to be accordance with an Intergovernmental Committee on Armed Services. United States District Judge for the South- Agreement between the Southern Ute Indian Tribe and the State of Colorado concerning A RESOLUTION ern District of Alabama. Air Quality Control on the Southern Ute In- Whereas, the Wyoming National Guard has Thomas A. Varlan, of Tennessee, to be United States District Judge for the Eastern dian Reservation, and for other purposes; to deployed nine times in defense of the United the Committee on Environment and Public States of America starting with the Spanish District of Tennessee. J. Daniel Breen, of Tennessee, to be United Works. American War. By Mr. COCHRAN (for himself, Mrs. Whereas, the soldiers from the 1041st Engi- States District Judge for the Western Dis- LINCOLN, Mr. BREAUX, Mr. LUGAR, neer Company (Assault Float Bridge) will trict of Tennessee. Timothy M. Tymkovich, of Colorado, to be and Mr. LOTT): mobilize and deploy the Fort Polk, Lou- S. 552. A bill to amend the Internal Rev- isiana with follow-on training at Fort United States Circuit Judge for the Tenth Circuit. enue Code of 1986 to clarify the excise tax ex- Chaffee, Arkansas and prepare for eventual emptions for aerial applicators of fertilizers deployment to the Gulf Region of Southwest By Mr. WARNER for the Committee on Armed Services. or other substances; to the Committee on Fi- Asia, leaving Wyoming on January 28th, 2003 nance. and they will display highway signs on roads *Linton F. Brooks, of Virginia, to be Under Secretary for Nuclear Security, Department By Mr. SCHUMER: entering into their station stating ‘‘Entering S. 553. A bill to allow all businesses to of Energy. Wyoming’’ as a matter of their pride and make up to 24 transfers each month from in- *Stephen A. Cambone, of Virginia, to be honor. terest-bearing transaction accounts to other Under Secretary of Defense for Intelligence. Whereas, this long term deployment will transaction accounts, to require the pay- Air Force nomination of Maj. Gen. John affect and severely test the families of these ment of interest on reserves held for deposi- D.W. Corley. citizen-soldiers. tory institutions at Federal reserve banks, Army nomination of Maj. Gen. Walter L. Whereas, the civilian employers of these and for other purposes; to the Committee on soldiers will also be affected by this deploy- Sharp. Banking, Housing, and Urban Affairs. ment. *Nomination was reported with rec- By Mr. GRASSLEY (for himself, Mr. Whereas, the support of these soldiers by ommendation that it be confirmed sub- SCHUMER, Mr. DEWINE, Mr. ALLEN, the citizens of Wyoming is vital to their mo- ject to the nominee’s commitment to Mr. CRAIG, Mr. GRAHAM of South rale and esprit de corps. Now, therefore, be it respond to requests to appear and tes- Carolina, Mr. ALLARD, and Mr. TAL- Resolved by the members of the legislature of the tify before any duly constituted com- ENT): State of Wyoming. S. 554. A bill to allow media coverage of Section 1. That all members of the Wyo- mittee of the Senate. court proceedings; to the Committee on the ming Legislature, and the Governor of the (Nominations without an asterisk Judiciary. State of Wyoming, deeply convey their were reported with the recommenda- By Mr. CAMPBELL (for himself and thanks and best wishes to the citizen-sol- tion that they be confirmed.) Mr. INOUYE): diers of the 1041st Engineer Company (As- S. 555. A bill to establish the Native Amer- f sault Float Bridge) of the Wyoming Army ican Health and Wellness Foundation, and National Guard and their families, for their INTRODUCTION OF BILLS AND for other purposes; to the Committee on In- service to the nation and Wyoming. JOINT RESOLUTIONS dian Affairs. Section 2. That these citizen-soldiers, and By Mr. CAMPBELL (for himself, Mr. their families, not be forgotten during their The following bills and joint resolu- INOUYE, and Mr. MCCAIN): service to our state and nation. All Wyoming tions were introduced, read the first S. 556. A bill to amend the Indian Health citizens are urged to contact the Wyoming and second times by unanimous con- Care Improvement Act to revise and extend Army National Guard and volunteer to send sent, and referred as indicated: that Act; to the Committee on Indian Af- fairs. letters and items from Wyoming to these By Ms. SNOWE (for herself, Mr. BOND, By Ms. COLLINS (for herself, Mr. Guard members during this mobilization for Mr. TALENT, Mrs. DOLE, Mr. MCCAIN, GRASSLEY, Mr. BINGAMAN, Mr. COCH- Operation Enduring Freedom and otherwise Mr. COLEMAN, and Mrs. HUTCHISON): help their families get through this time of S. 545. A bill to amend title I of the Em- RAN, Mr. DASCHLE, Mr. SARBANES, the forced separation. ployee Retirement Income Security Act of and Mr. SMITH): S. 557. A bill to amend the Internal Rev- Section 3. That these brave citizen-soldiers 1974 to improve access and choice for entre- enue Code of 1986 to exclude from gross in- from Wyoming stay out of harm’s way and preneurs with small businesses with respect come amounts received on account of claims return to their homes in Wyoming in good to medical care for their employees; to the based on certain unlawful discrimination and health and spirit as soon as their tour of Committee on Health, Education, Labor, and to allow income averaging for backpay and duty is completed. Pensions. frontpay awards received on account of such Section 4. That the Secretary of State of AU- By Mr. AKAKA (for himself, Mr. B claims, and for other purposes; to the Com- Wyoming transmit copies of this resolution CUS, Mr. CAMPBELL, Mr. DURBIN, Mrs. to the President of the United States, to the mittee on Finance. FEINSTEIN, Mr. ROBERTS, and Mr. By Mr. McCAIN (for himself, Mr. President of the Senate and the Speaker of LEAHY): BINGAMAN, Mr. CAMPBELL, Mrs. MUR- the House of Representatives of the United S. 546. A bill to provide for the protection RAY, Mr. JOHNSON, and Mr. DOMENICI): States Congress and to the Wyoming Con- of paleontological resources on Federal gressional Delegation. S. 558. A bill to elevate the position Direc- lands, and for other purposes; to the Com- tor of the Indian Health Service within the f mittee on Energy and Natural Resources. Department of Health and Human Services REPORTS OF COMMITTEES By Mr. DURBIN (for himself and Ms. to Assistant Secretary for Indian Health, COLLINS): and for other purposes; to the Committee on The following reports of committees S. 547. A bill to encourage energy conserva- Indian Affairs. were submitted: tion through bicycling; to the Committee on By Mr. CAMPBELL: By Mr. HATCH, from the Committee on Commerce, Science, and Transportation. S. 559. A bill to amend title 49, United the Judiciary, without amendment: By Mr. ROCKEFELLER: States Code, to permit an individual to oper- S. 253. A bill to amend title 18, United S. 548. A bill to improve mental health pro- ate a commercial motor vehicle solely with- States Code, to exempt qualified current and grams for veterans, and for other purposes; in the borders of a State if the individual former law enforcement officers from State to the Committee on Veterans’ Affairs. meets certain minimum standards prescribed laws prohibiting the carrying of concealed By Mr. SCHUMER: by the State, and for other purposes; to the handguns. S. 549. A bill to amend the September 11th Committee on Commerce, Science, and Victim Compensation Fund of 2001 (49 U.S.C. Transportation. f 40101 note; Public Law 107–42) to provide By Mr. CRAIG (for himself, Mr. DAY- EXECUTIVE REPORTS OF compensation for victims killed in the bomb- TON, Mr. COLEMAN, Mr. LEAHY, Mr. COMMITTEES ing of the World Trade Center in 1993, and for BOND, Mr. BINGAMAN, Ms. SNOWE, other purposes; to the Committee on the Ju- Mrs. LINCOLN, Mr. SHELBY, Mr. JEF- The following executive reports of diciary. FORDS, Mr. DOMENICI, Mr. LEVIN, Ms. committees were submitted: By Mr. CAMPBELL (for himself, Mr. COLLINS, Mr. JOHNSON, Mr. SPECTER, By Mr. HATCH for the Committee on the INOUYE, and Mr. THOMAS): Mr. FEINGOLD, and Mr. KOHL): Judiciary. S. 550. A bill to amend the Indian Land S. 560. A bill to impose tariff-rate quotas Eugene James Corcoran, of New York, to Consolidation Act to improve provisions re- on certain casein and milk protein con- be United States Marshal for the Eastern lating to probate of trust and restricted centrates; to the Committee on Finance.

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.067 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3253 By Mr. CRAPO (for himself, Mr. ENZI, their families; to the Committee on Bank- (Mr. SESSIONS) was added as a cospon- Mr. CRAIG, Mr. DOMENICI, Mr. BURNS, ing, Housing, and Urban Affairs. sor of S. 60, a bill to amend title 10, and Mr. SMITH): By Mr. FRIST (for himself, Mr. DODD, United States Code, to authorize cer- S. 561. A bill to preserve the authority of and Mr. ENZI): States over water within their boundaries, to S. 573. A bill to amend the Public Health tain disabled former prisoners of war to delegate to States the authority of Congress Service Act to promote organ donation, and use Department of Defense commissary to regulate water, and for other purposes; to for other purposes; to the Committee on and exchange stores. the Committee on the Judiciary. Health, Education, Labor, and Pensions. S. 116 By Ms. MURKOWSKI (for herself, Mr. f At the request of Mr. GRAHAM of STEVENS, Mr. BURNS, Mr. CRAIG, Mr. SUBMISSION OF CONCURRENT AND Florida, the name of the Senator from CRAPO, Mr. INHOFE, and Mr. SMITH): Florida (Mr. NELSON) was added as a S. 562. A bill to amend chapter 3 of title 28, SENATE RESOLUTIONS United States Code, to divide the Ninth Judi- cosponsor of S. 116, a bill to authorize The following concurrent resolutions the Secretary of Agriculture to sell or cial Circuit of the United States into 2 cir- and Senate resolutions were read, and cuits, and for other purposes; to the Com- exchange certain land in the State of mittee on the Judiciary. referred (or acted upon), as indicated: Florida, and for other purposes. By Mr. DAYTON: By Mr. SPECTER (for himself, Mr. S. 117 BENNETT, Mr. BIDEN, Mr. BINGAMAN, S. 563. A bill to protect owners of com- At the request of Mr. GRAHAM of Mrs. BOXER, Mr. CARPER, Mrs. CLIN- puters, and for other purposes; to the Com- Florida, the name of the Senator from mittee on Commerce, Science, and Transpor- TON, Mr. COCHRAN, Mr. COLEMAN, Ms. tation. COLLINS, Mr. CORZINE, Mr. DASCHLE, Florida (Mr. NELSON) was added as a By Ms. LANDRIEU (for herself, Mr. Mr. DEWINE, Mr. DODD, Mr. DOMENICI, cosponsor of S. 117, a bill to authorize SUNUNU, Mr. BURNS, Mr. DODD, Mr. Mr. DORGAN, Mr. DURBIN, Mr. ED- the Secretary of Agriculture to sell or GREGG, Mrs. HUTCHISON, Mr. INOUYE, WARDS, Mr. FEINGOLD, Mrs. FEIN- exchange certain land in the State of Mr. JEFFORDS, Mr. LEAHY, Mr. STEIN, Mr. FITZGERALD, Mr. GRAHAM Florida, and for other purposes. RASSLEY LIEBERMAN, Mr. LOTT, Ms. MIKULSKI, of South Carolina, Mr. G , Mr. S. 140 Mr. KENNEDY, Mr. MILLER, Mr. DOR- GREGG, Mr. HAGEL, Mr. HOLLINGS, At the request of Mr. VOINOVICH, the GAN, and Mr. KERRY): Mr. INHOFE, Mr. INOUYE, Mr. JOHN- S. 564. A bill to facilitate the deployment SON, Mr. KENNEDY, Mr. KERRY, Mr. name of the Senator from Mississippi of wireless telecommunications networks in KOHL, Mr. LAUTENBERG, Mr. LEVIN, (Mr. LOTT) was added as a cosponsor of order to further the availability of the Emer- Mr. LIEBERMAN, Mr. LOTT, Ms. MI- S. 140, a bill to amend the Higher Edu- gency Alert System, and for other purposes; KULSKI, Ms. MURKOWSKI, Mrs. MUR- cation Act of 1965 to extend loan for- to the Committee on Commerce, Science, RAY, Mr. NELSON of Florida, Mr. giveness for certain loans to Head and Transportation. REED, Mr. REID, Mr. ROCKEFELLER, Start teachers. By Mr. EDWARDS: Mr. SANTORUM, Mr. SARBANES, Mr. S. 150 S. 565. A bill to improve homeland secu- SESSIONS, Mr. SCHUMER, Mr. SMITH, At the request of Mr. ALLEN, the rity, prevent tax increases, support edu- Ms. SNOWE, Mr. STEVENS, Mr. cation and health care, and strengthen the SUNUNU, Mr. THOMAS, Mr. VOINOVICH, name of the Senator from Virginia (Mr. economy; to the Committee on Appropria- Mr. WARNER, and Mr. WYDEN): WARNER) was added as a cosponsor of S. tions. S. Res. 78. A resolution designating March 150, a bill to make permanent the mor- By Ms. MIKULSKI (for herself, Mr. 25, 2003, as ‘‘Greek Independence Day: A Na- atorium on taxes on Internet access BOND, Mr. KENNEDY, Mrs. LINCOLN, tional Day of Celebration of Greek and and multiple and discriminatory taxes Mr. BREAUX, and Mr. DODD): American Democracy’’; to the Committee on on electronic commerce imposed by the S. 566. A bill to amend the Public Health the Judiciary. Internet Tax Freedom Act. Service Act to provide for Alzheimer’s dis- f ease research and demonstration grants; to S. 160 the Committee on Health, Education, Labor, ADDITIONAL COSPONSORS At the request of Mr. BURNS, the and Pensions. S. 2 name of the Senator from Wyoming By Ms. SNOWE: At the request of Mr. NICKLES, the (Mr. ENZI) was added as a cosponsor of S. 567. A bill to amend the Federal Water names of the Senator from Mississippi S. 160, a bill to amend the Internal Pollution Control Act to authorize appro- Revenue Code of 1986 to allow the ex- priations for sewer overflow control grants; (Mr. COCHRAN) and the Senator from to the Committee on Environment and Pub- Texas (Mrs. HUTCHISON) were added as pensing of broadband Internet access lic Works. cosponsors of S. 2, a bill to amend the expenditures, and for other purposes. By Mr. ENSIGN: Internal Revenue Code of 1986 to pro- S. 160 S. 568. A bill to amend title XVIII of the vide additional tax incentives to en- At the request of Mr. BAUCUS, the Social Security Act to make a technical cor- courage economic growth. name of the Senator from Washington rection in the definition of outpatient S. 52 (Mrs. MURRAY) was added as a cospon- speech-language pathology services; to the At the request of Mr. WYDEN, the sor of S. 160, supra. Committee on Finance. S. 171 By Mr. ENSIGN (for himself, Mrs. LIN- name of the Senator from California COLN, Mr. WARNER, Mr. GRAHAM of (Mrs. FEINSTEIN) was added as a co- At the request of Mr. DAYTON, the South Carolina, Mr. HOLLINGS, Mrs. sponsor of S. 52, a bill to permanently name of the Senator from New York MURRAY, Ms. COLLINS, Mr. HAGEL, extend the moratorium enacted by the (Mrs. CLINTON) was added as a cospon- Mr. ROCKEFELLER, Mr. SARBANES, and Internet Tax Freedom Act, and for sor of S. 171, a bill to amend the title Mrs. CLINTON): other purposes. XVIII of the Social Security Act to S. 569. A bill to amend title XVIII of the S. 59 provide payment to medicare ambu- Social Security Act to repeal the medicare outpatient rehabilitation therapy caps; to At the request of Mr. SANTORUM, his lance suppliers of the full costs of pro- the Committee on Finance. name was added as a cosponsor of S. 59, viding such services, and for other pur- By Mr. ENSIGN (for himself, Mr. AL- a bill to amend title 10, United States poses. LARD, and Mr. ALLEN): Code, to permit former members of the S. 202 S. 570. A bill to amend the Higher Edu- Armed Forces who have a service-con- At the request of Mr. DEWINE, the cation Act of 1965 with respect to the quali- nected disability rated as total to trav- name of the Senator from Virginia (Mr. fications of foreign schools; to the Com- el on military aircraft in the same WARNER) was added as a cosponsor of S. mittee on Health, Education, Labor, and manner and to the same extent as re- Pensions. 202, a bill to amend the Internal Rev- By Mr. LUGAR (by request): tired members of the Armed Forces are enue Code of 1986 to allow as a deduc- S. 571. A bill to establish the Millennium entitled to travel on such aircraft. tion in determining adjusted gross in- Challenge Account and the Millennium Chal- S. 59 come that deduction for expenses in lenge Corporation in order to reduce global At the request of Mr. INOUYE, the connection with services as a member poverty through increased economic growth name of the Senator from Maine (Ms. of a reserve component of the Armed by supporting a new compact for global de- SNOWE) was added as a cosponsor of S. Forces of the United States, to allow velopment; to the Committee on Foreign Re- 59, supra. lations. employers a credit against income tax By Mr. FRIST: S. 60 with respect to employees who partici- S. 572. A bill to establish a congressional At the request of Mr. INOUYE, the pate in the military reserve compo- commemorative medal for organ donors and name of the Senator from Alabama nents, and to allow a comparable credit

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.072 S06PT1 S3254 CONGRESSIONAL RECORD — SENATE March 6, 2003 for participating reserve component (Mr. BURNS) was added as a cosponsor provide better coordination of Federal self-employed individuals, and for of S. 397, a bill to amend the Internal efforts and information on islet cell other purposes. Revenue Code of 1986 to allow a deduc- transplantation, and to collect the S. 215 tion for the old-age, survivors, and dis- data necessary to move islet cell trans- At the request of Mrs. FEINSTEIN, the ability insurance taxes paid by employ- plantation from an experimental proce- name of the Senator from Indiana (Mr. ees and self-employed individuals, and dure to a standard therapy. BAYH) was added as a cosponsor of S. for other purposes. S. 534 215, a bill to authorize funding assist- S. 424 At the request of Mr. ALLEN, the ance for the States for the discharge of At the request of Mr. BINGAMAN, the name of the Senator from Virginia (Mr. homeland security activities by the name of the Senator from North Da- WARNER) was added as a cosponsor of S. National Guard. kota (Mr. DORGAN) was added as a co- 534, a bill to provide Capitol-flown flags S. 257 sponsor of S. 424, a bill to establish, re- to the immediate family of fire fight- At the request of Mr. NELSON of Flor- authorize, and improve energy pro- ers, law enforcement officers, emer- ida, the names of the Senator from Ne- grams relating to Indian tribes. gency medical technicians, and other vada (Mr. REID) and the Senator from S. 457 rescue workers who are killed in the Connecticut (Mr. LIEBERMAN) were At the request of Mr. LEAHY, the line of duty. added as cosponsors of S. 257, a bill to names of the Senator from Pennsyl- S. CON. RES. 8 amend title 38, United States Code, to vania (Mr. SPECTER) and the Senator At the request of Ms. COLLINS, the clarify the applicability of the prohibi- name of the Senator from Georgia (Mr. tion on assignment of veterans benefits from Delaware (Mr. BIDEN) were added as cosponsors of S. 457, a bill to remove MILLER) was added as a cosponsor of S. to agreements regarding future receipt Con. Res. 8, a concurrent resolution of compensation, pension, or depend- the limitation on the use of funds to designating the second week in may ency and indemnity compensation, and require a farm to feed livestock with each year as ‘‘National Visiting Nurse for there purposes. organically produced feed to be cer- tified as an organic farm. Association Week’’. S. 272 S. CON. RES. 13 At the request of Mr. SANTORUM, the S. 460 At the request of Mr. LAUTENBERG, name of the Senator from Utah (Mr. At the request of Mrs. FEINSTEIN, the the name of the Senator from New BENNETT) was added as a cosponsor of name of the Senator from Florida (Mr. S. 272, a bill to provide incentives for GRAHAM) was added as a cosponsor of S. York (Mr. SCHUMER) was added as a co- charitable contributions by individuals 460, a bill to amend the Immigration sponsor of S. Con. Res. 13, a concurrent and businesses, to improve the public and Nationality Act to authorize ap- resolution condemning the selection of disclosure of activities of exempt orga- propriations for fiscal years 2004 Libya to chair the United Nations nizations, and to enhance the ability of through 2010 to carry out the State Commission on Human Rights, and for low income Americans to gain finan- Criminal Alien Assistance Program. other purposes. cial security by building assets, and for S. 470 S. RES. 46 other purposes. At the request of Mr. SARBANES, the At the request of Mr. BINGAMAN, the S. 296 names of the Senator from Idaho (Mr. names of the Senator from North Da- At the request of Mr. CAMPBELL, the CRAPO) and the Senator from Massa- kota (Mr. DORGAN), the Senator from name of the Senator from Georgia (Mr. chusetts (Mr. KENNEDY) were added as Texas (Mrs. HUTCHISON) and the Sen- MILLER) was added as a cosponsor of S. cosponsors of S. 470, a bill to extend ator from Virginia (Mr. WARNER) were 296, a bill to require the Secretary of the authority for the construction of a added as cosponsors of S. Res. 46, A res- Defense to report to Congress regard- memorial to Martin Luther King, Jr. olution designating March 31, 2003, as ‘‘National Civilian Conservation Corps ing the requirements applicable to the S. 504 Day’’. inscription of veterans’ names on the At the request of Mr. ALEXANDER, the memorial wall of the Vietnam Vet- name of the Senator from Georgia (Mr. S. RES. 48 At the request of Mr. AKAKA, the erans Memorial. MILLER) was added as a cosponsor of S. S. 312 504, a bill to establish academics for name of the Senator from Pennsyl- At the request of Mr. ROCKEFELLER, teachers and students of American his- vania (Mr. SANTORUM) was added as a the names of the Senator from Idaho tory and civics and a national alliance cosponsor of S. Res. 48, A resolution (Mr. CRAPO) and the Senator from Kan- of teachers of American history and designating April 2003 as ‘‘Financial sas (Mr. ROBERTS) were added as co- civics, and for other purposes. Literacy for Youth Month’’. sponsors of S. 312, a bill to amend title S. RES. 77 S. 507 XXI of the Social Security Act to ex- At the request of Mr. DASCHLE, the At the request of Ms. SNOWE, the tend the availability of allotments for names of the Senator from Louisiana names of the Senator from Rhode Is- fiscal years 1998 through 2001 under the (Mr. BREAUX), the Senator from Arkan- land (Mr. CHAFEE) and the Senator State Children’s Health Insurance Pro- sas (Mr. PRYOR), the Senator from from Georgia (Mr. MILLER) were added gram. Maryland (Mr. SARBANES), the Senator as cosponsors of S. 507, a bill to amend S. 338 from West Virginia (Mr. BYRD), the the Internal Revenue Code of 1986 to At the request of Mr. LAUTENBERG, Senator from Michigan (Mr. LEVIN) and provide incentives to introduce new the names of the Senator from Massa- the Senator from New Mexico (Mr. technologies to reduce energy con- chusetts (Mr. KENNEDY) and the Sen- BINGAMAN) were added as cosponsors of sumption in buildings. ator from Vermont (Mr. LEAHY) were S. Res. 77, A resolution expressing the added as cosponsors of S. 338, a bill to S. 516 sense of the Senate that one of the protect the flying public’s safety and At the request of Mr. BUNNING, the most grave threats facing the United security by requiring that the air traf- names of the Senator from Wyoming States is the proliferation of weapons fic control system remain a Govern- (Mr. ENZI), the Senator from Pennsyl- of mass destruction, to underscore the ment function. vania (Mr. SANTORUM) and the Senator need for a comprehensive strategy for S. 349 from Alaska (Ms. MURKOWSKI) were dealing with this threat, and to set At the request of Mrs. FEINSTEIN, the added as cosponsors of S. 516, a bill to forth basic principles that should un- name of the Senator from Massachu- amend title 49, United States Code, to derpin this strategy. allow the arming of pilots of cargo air- setts (Mr. KERRY) was added as a co- f sponsor of S. 349 , a bill to amend title craft, and for other purposes. II of the Social Security Act to repeal S. 518 STATEMENTS ON INTRODUCED the Government pension offset and At the request of Ms. COLLINS, the BILLS AND JOINT RESOLUTIONS windfall elimination provisions. name of the Senator from Kentucky By Ms. SNOWE (for herself, Mr. S. 397 (Mr. BUNNING) was added as a cosponsor BOND, Mr. TALENT, Mrs. DOLE, At the request of Mr. ENSIGN, the of S. 518, a bill to increase the supply of Mr. MCCAIN, Mr. COLEMAN, and name of the Senator from Montana pancreatic islet cells for research, to Mrs. HUTCHISON):

VerDate Jan 31 2003 04:56 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.043 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3255 S. 545. A bill to amend title I of the are offering health benefits—and that’s curity Administration in the same way Employee Retirement Income Security down from 67 percent just three years that more than 275,000 plans offered by Act of 1974 to improve access and ago—is there any question that we’re large employers and unions are cur- choice for entrepreneurs with small headed in exactly the wrong direction? rently regulated. businesses with respect to medical care This is a crisis, and it’s even worse in This agency is currently overseeing for their employees; to the Committee businesses with fewer than 50 employ- plans that cover 72 million people. The on Health, Education, Labor, and Pen- ees. Of those, only 47 percent currently Department of Labor released a report sions. provide health insurance benefits, and last week that reveals high rates of Ms. SNOWE. Mr. President, today I the Department of Labor reports that compliance by group health plans with am introducing a bill that will provide only 24 percent of small businesses that health care laws enacted under the Em- revolutionary changes to the health in- employ ‘‘low-wage’’ workers offer ployee Retirement Income Security surance choices available for small health plans. Act, ERISA. More importantly, the re- businesses. This bill, ‘‘The Small Busi- The fact is, with more than two- port and the compliance project that is ness Health Fairness Act of 2003’’ will thirds of all Americans relying on their the subject of the report, are further give small businesses the same market- employer for health insurance, we evidence of the Labor Department’s based advantages and leverage that can’t afford to continue the disturbing commitment and proven success in ef- large employers and unions currently trend identified by the Kaiser Family fectively monitoring health plans. The enjoy to provide health insurance for Foundation, where monthly premiums report establishes that the Department their employees. for employer-sponsored health insur- is prepared to oversee association One month ago, I convened my first ance on average rose 11 percent from health plans. hearing as Chair of the Committee on 2000 to 2001, and then 12.7 percent from Studies by the Small Business Ad- Small Business and Entrepreneurship 2001 to 2002—the second straight year of ministration, the General Accounting to explore the crisis small businesses double digit increases. As a result, 22 Office, and the Congressional Budget are currently facing in their attempts percent of all firms increased employee Office have all found that these types to find affordable health care for their deductibles in 2002, and 32 percent told of plans operate with between 13 and 30 employees. The reason I made this my Kaiser they are likely to do so this percent lower administrative costs. first hearing was that whenever I spoke year. These lower costs can then be trans- to small businesses this is the number The problem is all the more acute for lated into reducing costs to subscribers one issue they wanted to discuss. Small small businesses. For those with fewer or providing more benefits. businesses in my State are literally than 10 workers, the employer and em- Another reason AHPs will be able to desperate for more health insurance ployees together pay—on average— offer less expensive plans, and also options; some business owners even say about 8 percent more in premiums than greater flexibility, is because they will this is keeping them awake at night. the amount paid by larger companies. be exempt from the myriad State ben- At the hearing small businesses from And for all firms under 200 employees, efit regulations. Associations will be my home State of Maine made it clear 84 percent indicated to Kaiser that cost able to design their plans to meet the that they have only one choice for was an important factor in not offering needs of their members and their em- their health care. Even when they band health care. ployees. By administering one national together in local purchasing pools, The result of all this isn’t hard to plan, it will further reduce the admin- they are unable to attract any other predict. Businesses can and clearly are istrative costs instead of trying to ad- insurance carriers to provide them dropping health benefits. Others strug- minister a plan subject to the man- with less expensive and more flexible gle onward in providing coverage, but dates of each State. options. Even though they have cut only at the cost of the growth of the Even though the benefit mandates back on the coverage and increased the business, or offering packages with will not be in effect, associations will costs to the employees, they are still higher premiums, or a combination of need to design their plans so that finding it almost impossible to provide both. enough members participate in them to health insurance to their employees. If we can do something that will help attract the necessary employees to And as the costs to the employees in- more small businesses provide health make them work. This means that creases, many employees find this too insurance to their employees, then we they will naturally provide a full range much to absorb, which leaves them un- can significantly reduce the number of of benefits similar to what many covered and, therefore, increase the those who are without health insur- States currently require. In many ranks of the employed but uninsured. ance in this country. cases, the plans offered by large em- Indeed, the Washington Post reported The Small Business Health Fairness ployers and unions, which are also ex- on February 28 that worries about ris- Act of 2003 will improve access to af- empt from the State benefit mandates, ing health care costs registered higher fordable health care for small busi- are the most generous plans available. in a poll conducted by the Kaiser Fam- nesses by giving them the same advan- People will often stay in those jobs spe- ily Foundation than even concerns tages currently enjoyed by large em- cifically to keep their health care cov- over the stock market or terrorist at- ployers and unions. The bill employs a erage. tacks. Thirty-eight percent of the re- very basic principle—that volume pur- The Act would also provide extensive spondents were ‘‘very worried’’ that chasing of insurance by small busi- new protections to ensure that the the cost of their health care or health nesses will work as it does for any health care coverage was there when insurance would increase compared to other commodity and for any large employees need it. Associations spon- 22 percent who were ‘‘very worried’’ business or union that purchases soring these plans would need to be es- about losing their savings in the stock health insurance coverage—it will help tablished for at least three years for market, or 19 percent who were ‘‘very reduce the cost. As President Bush has purposes other than providing health worried’’ about being a victim of a ter- said, ‘‘It makes no sense in America to insurance—this is intended to prevent rorist attack. isolate small businesses as little health the current epidemic of fraud and With small businesses creating up to care islands unto themselves. We must abuse that is occurring through sham 75 percent of net new jobs in America have association health plans.’’ associations who take money from and with a shocking 56 percent of the The Act will allow small businesses unsuspecting small businesses and then 41.2 million uninsured in this country to pool together nationally, under the cease to exist when some files a claim. already either working a full-time, auspices of their bona fide associations, In addition, association health plans full-year job or depending on one who and either purchase their insurance would be required to have sufficient does, we have an obligation to ensure from a provider, or self-insure in the funds in reserve, specific stop-loss in- that more of these individuals can re- same way that large employers and surances, indemnification insurance, ceive insurance through their employ- unions currently do. These association and other funding and certification re- ers. So when the Kaiser 2002 Employer health plans, AHPS, would be mon- quirements to make sure the insurance Health Benefits Survey reports that itored and regulated by the Depart- coverage would be available when need- only 61 percent of all small businesses ment of Labor’s Employee Benefits Se- ed. None of these requirements apply

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.073 S06PT1 S3256 CONGRESSIONAL RECORD — SENATE March 6, 2003 to any of the plans currently regulated ‘‘Sec. 811. State assessment authority. ‘‘(c) REQUIREMENTS APPLICABLE TO CER- by the Department of Labor, either the ‘‘Sec. 812. Definitions and rules of con- TIFIED PLANS.—An association health plan large employer plans under the Em- struction. with respect to which certification under ployee Retirement Income Security Sec. 3. Clarification of treatment of single this part is in effect shall meet the applica- employer arrangements. ble requirements of this part, effective on Act, ERISA, or the union plans under Sec. 4. Clarification of treatment of certain the date of certification (or, if later, on the the Taft-Hartley Act. collectively bargained arrange- date on which the plan is to commence oper- The approach of this bill is, I believe, ments. ations). a good one—but I also consider it a Sec. 5. Enforcement provisions relating to ‘‘(d) REQUIREMENTS FOR CONTINUED CER- starting point. And in that light, I in- association health plans. TIFICATION.—The applicable authority may tend to work with all groups and inter- Sec. 6. Cooperation between Federal and provide by regulation, through negotiated ested parties that are committed to State authorities. rulemaking, for continued certification of Sec. 7. Effective date and transitional and association health plans under this part. passing this bill so that we can im- other rules. ‘‘(e) CLASS CERTIFICATION FOR FULLY IN- prove this bill and finally provide SEC. 2. RULES GOVERNING ASSOCIATION SURED LANS small businesses with more health in- HEALTH PLANS. P .—The applicable authority shall establish a class certification proce- surance options at lower costs. The (a) IN GENERAL.—Subtitle B of title I of the Employee Retirement Income Security Act dure for association health plans under current situation is simply unaccept- which all benefits consist of health insurance able. Those who oppose this bill and be- of 1974 is amended by adding after part 7 the following new part: coverage. Under such procedure, the applica- lieve the status quo only needs to be ble authority shall provide for the granting modified slightly are not paying atten- ‘‘PART 8—RULES GOVERNING ASSOCIATION of certification under this part to the plans tion—they are not listening to the mil- HEALTH PLANS in each class of such association health plans lions of small businesses who are des- ‘‘SEC. 801. ASSOCIATION HEALTH PLANS. upon appropriate filing under such procedure perate for more choices, or the small ‘‘(a) IN GENERAL.—For purposes of this in connection with plans in such class and part, the term ‘association health plan’ employers who are unable to get health payment of the prescribed fee under section means a group health plan whose sponsor is 807(a). insurance at any cost. (or is deemed under this part to be) described ‘‘(f) CERTIFICATION OF SELF-INSURED ASSO- The time for stalling on providing re- in subsection (b). CIATION HEALTH PLANS.—An association PONSORSHIP.—The sponsor of a group lief for small businesses unable to get ‘‘(b) S health plan which offers one or more benefit health plan is described in this subsection if affordable health insurance is over. We options which do not consist of health insur- such sponsor— must act now, and we must pass the ance coverage may be certified under this ‘‘(1) is organized and maintained in good Small Business Health Fairness Act of part only if such plan consists of any of the faith, with a constitution and bylaws specifi- 2003 to bring small businesses more following: cally stating its purpose and providing for ‘‘(1) a plan which offered such coverage on choices and use the power of competi- periodic meetings on at least an annual the date of the enactment of the Small Busi- tion to bring them better options. basis, as a bona fide trade association, a ness Health Fairness Act of 2003, I ask unanimous consent that the bona fide industry association (including a ‘‘(2) a plan under which the sponsor does text of The Small Business Health rural electric cooperative association or a not restrict membership to one or more rural telephone cooperative association), a Fairness Act of 2003 and an explanation trades and businesses or industries and bona fide professional association, or a bona of its provisions be printed in the whose eligible participating employers rep- fide chamber of commerce (or similar bona RECORD. resent a broad cross-section of trades and fide business association, including a cor- There being no objection, the bill and businesses or industries, or poration or similar organization that oper- additional material was ordered to be ‘‘(3) a plan whose eligible participating em- ates on a cooperative basis (within the mean- ployers represent one or more trades or busi- printed in the RECORD, as follows: ing of section 1381 of the Internal Revenue nesses, or one or more industries, consisting S. 545 Code of 1986)), for substantial purposes other of any of the following: agriculture; equip- than that of obtaining or providing medical Be it enacted by the Senate and House of Rep- ment and automobile dealerships; barbering care; resentatives of the United States of America in and cosmetology; certified public accounting ‘‘(2) is established as a permanent entity Congress assembled, practices; child care; construction; dance, which receives the active support of its SECTION 1. SHORT TITLE AND TABLE OF CON- theatrical and orchestra productions; dis- members and requires for membership pay- TENTS. infecting and pest control; financial services; ment on a periodic basis of dues or payments (a) SHORT TITLE.—This Act may be cited as fishing; foodservice establishments; hos- necessary to maintain eligibility for mem- the ‘‘Small Business Health Fairness Act of pitals; labor organizations; logging; manu- bership in the sponsor; and 2003’’. facturing (metals); mining; medical and den- ‘‘(3) does not condition membership, such (b) TABLE OF CONTENTS.—The table of con- tal practices; medical laboratories; profes- dues or payments, or coverage under the tents is as follows: sional consulting services; sanitary services; plan on the basis of health status-related Sec. 1. Short title and table of contents. transportation (local and freight); factors with respect to the employees of its Sec. 2. Rules governing association health warehousing; wholesaling/distributing; or members (or affiliated members), or the de- plans. any other trade or business or industry pendents of such employees, and does not ‘‘PART 8—RULES GOVERNING ASSOCIATION which has been indicated as having average condition such dues or payments on the basis HEALTH PLANS or above-average risk or health claims expe- of group health plan participation. ‘‘Sec. 801. Association health plans. rience by reason of State rate filings, denials ‘‘Sec. 802. Certification of association Any sponsor consisting of an association of of coverage, proposed premium rate levels, health plans. entities which meet the requirements of or other means demonstrated by such plan in ‘‘Sec. 803. Requirements relating to paragraphs (1), (2), and (3) shall be deemed to accordance with regulations which the Sec- sponsors and boards of trustees. be a sponsor described in this subsection. retary shall prescribe through negotiated ‘‘Sec. 804. Participation and coverage re- ‘‘SEC. 802. CERTIFICATION OF ASSOCIATION rulemaking. HEALTH PLANS. quirements. ‘‘SEC. 803. REQUIREMENTS RELATING TO SPON- ‘‘(a) IN GENERAL.—The applicable author- ‘‘Sec. 805. Other requirements relating SORS AND BOARDS OF TRUSTEES. to plan documents, contribu- ity shall prescribe by regulation, through ne- ‘‘(a) SPONSOR.—The requirements of this tion rates, and benefit options. gotiated rulemaking, a procedure under ‘‘Sec. 806. Maintenance of reserves and which, subject to subsection (b), the applica- subsection are met with respect to an asso- provisions for solvency for ble authority shall certify association health ciation health plan if the sponsor has met (or plans providing health benefits plans which apply for certification as meet- is deemed under this part to have met) the in addition to health insurance ing the requirements of this part. requirements of section 801(b) for a contin- coverage. ‘‘(b) STANDARDS.—Under the procedure pre- uous period of not less than 3 years ending ‘‘Sec. 807. Requirements for application scribed pursuant to subsection (a), in the with the date of the application for certifi- and related requirements. case of an association health plan that pro- cation under this part. ‘‘Sec. 808. Notice requirements for vol- vides at least one benefit option which does ‘‘(b) BOARD OF TRUSTEES.—The require- untary termination. not consist of health insurance coverage, the ments of this subsection are met with re- ‘‘Sec. 809. Corrective actions and manda- applicable authority shall certify such plan spect to an association health plan if the fol- tory termination. as meeting the requirements of this part lowing requirements are met: ‘‘Sec. 810. Trusteeship by the Secretary only if the applicable authority is satisfied ‘‘(1) FISCAL CONTROL.—The plan is oper- of insolvent association health that the applicable requirements of this part ated, pursuant to a trust agreement, by a plans providing health benefits are met (or, upon the date on which the plan board of trustees which has complete fiscal in addition to health insurance is to commence operations, will be met) with control over the plan and which is respon- coverage. respect to the plan. sible for all operations of the plan.

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‘‘(2) RULES OF OPERATION AND FINANCIAL 3(40)(A)(i) but solely for the failure to meet ing all coverage options available under the CONTROLS.—The board of trustees has in ef- the requirements of section 3(40)(C)(ii). plan; and fect rules of operation and financial con- ‘‘(3) CONSTRUCTION.—A group health plan ‘‘(3) the applicable requirements of sec- trols, based on a 3-year plan of operation, described in paragraph (2) shall only be tions 701, 702, and 703 are met with respect to adequate to carry out the terms of the plan treated as an association health plan under the plan. and to meet all requirements of this title ap- this part if the sponsor of the plan applies ‘‘SEC. 805. OTHER REQUIREMENTS RELATING TO plicable to the plan. for, and obtains, certification of the plan as PLAN DOCUMENTS, CONTRIBUTION ‘‘(3) RULES GOVERNING RELATIONSHIP TO an association health plan under this part. RATES, AND BENEFIT OPTIONS. PARTICIPATING EMPLOYERS AND TO CONTRAC- ‘‘SEC. 804. PARTICIPATION AND COVERAGE RE- ‘‘(a) IN GENERAL.—The requirements of this TORS.— QUIREMENTS. section are met with respect to an associa- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(a) COVERED EMPLOYERS AND INDIVID- tion health plan if the following require- subparagraphs (B) and (C), the members of UALS.—The requirements of this subsection ments are met: are met with respect to an association the board of trustees are individuals selected ‘‘(1) CONTENTS OF GOVERNING INSTRU- health plan if, under the terms of the plan— from individuals who are the owners, offi- MENTS.—The instruments governing the plan cers, directors, or employees of the partici- ‘‘(1) each participating employer must be— include a written instrument, meeting the pating employers or who are partners in the ‘‘(A) a member of the sponsor, requirements of an instrument required participating employers and actively partici- ‘‘(B) the sponsor, or under section 402(a)(1), which— pate in the business. ‘‘(C) an affiliated member of the sponsor ‘‘(A) provides that the board of trustees ‘‘(B) LIMITATION.— with respect to which the requirements of serves as the named fiduciary required for ‘‘(i) GENERAL RULE.—Except as provided in subsection (b) are met, plans under section 402(a)(1) and serves in clauses (ii) and (iii), no such member is an except that, in the case of a sponsor which is the capacity of a plan administrator (re- owner, officer, director, or employee of, or a professional association or other indi- ferred to in section 3(16)(A)); partner in, a contract administrator or other vidual-based association, if at least one of ‘‘(B) provides that the sponsor of the plan service provider to the plan. the officers, directors, or employees of an is to serve as plan sponsor (referred to in sec- ‘‘(ii) LIMITED EXCEPTION FOR PROVIDERS OF employer, or at least one of the individuals tion 3(16)(B)); and SERVICES SOLELY ON BEHALF OF THE SPON- who are partners in an employer and who ac- ‘‘(C) incorporates the requirements of sec- SOR.—Officers or employees of a sponsor tively participates in the business, is a mem- tion 806. ber or such an affiliated member of the spon- which is a service provider (other than a con- ‘‘(2) CONTRIBUTION RATES MUST BE NON- sor, participating employers may also in- tract administrator) to the plan may be DISCRIMINATORY.— members of the board if they constitute not clude such employer; and ‘‘(A) The contribution rates for any par- more than 25 percent of the membership of ‘‘(2) all individuals commencing coverage ticipating small employer do not vary on the the board and they do not provide services to under the plan after certification under this basis of any health status-related factor in the plan other than on behalf of the sponsor. part must be— relation to employees of such employer or ‘‘(iii) TREATMENT OF PROVIDERS OF MEDICAL ‘‘(A) active or retired owners (including their beneficiaries and do not vary on the CARE.—In the case of a sponsor which is an self-employed individuals), officers, direc- basis of the type of business or industry in association whose membership consists pri- tors, or employees of, or partners in, partici- which such employer is engaged. marily of providers of medical care, clause pating employers; or ‘‘(B) Nothing in this title or any other pro- (i) shall not apply in the case of any service ‘‘(B) the beneficiaries of individuals de- vision of law shall be construed to preclude provider described in subparagraph (A) who scribed in subparagraph (A). an association health plan, or a health insur- ‘‘(b) COVERAGE OF PREVIOUSLY UNINSURED is a provider of medical care under the plan. ance issuer offering health insurance cov- EMPLOYEES.—In the case of an association ‘‘(C) CERTAIN PLANS EXCLUDED.—Subpara- erage in connection with an association health plan in existence on the date of the graph (A) shall not apply to an association health plan, from— enactment of the Small Business Health health plan which is in existence on the date ‘‘(i) setting contribution rates based on the Fairness Act of 2003, an affiliated member of of the enactment of the Small Business claims experience of the plan; or Health Fairness Act of 2003. the sponsor of the plan may be offered cov- erage under the plan as a participating em- ‘‘(ii) varying contribution rates for small ‘‘(D) SOLE AUTHORITY.—The board has sole employers in a State to the extent that such authority under the plan to approve applica- ployer only if— ‘‘(1) the affiliated member was an affiliated rates could vary using the same method- tions for participation in the plan and to ology employed in such State for regulating contract with a service provider to admin- member on the date of certification under this part; or premium rates in the small group market ister the day-to-day affairs of the plan. with respect to health insurance coverage of- ‘‘(c) TREATMENT OF FRANCHISE NET- ‘‘(2) during the 12-month period preceding the date of the offering of such coverage, the fered in connection with bona fide associa- WORKS.—In the case of a group health plan tions (within the meaning of section which is established and maintained by a affiliated member has not maintained or contributed to a group health plan with re- 2791(d)(3) of the Public Health Service Act), franchiser for a franchise network consisting subject to the requirements of section 702(b) of its franchisees— spect to any of its employees who would oth- erwise be eligible to participate in such asso- relating to contribution rates. ‘‘(1) the requirements of subsection (a) and ‘‘(3) FLOOR FOR NUMBER OF COVERED INDI- section 801(a)(1) shall be deemed met if such ciation health plan. ‘‘(c) INDIVIDUAL MARKET UNAFFECTED.—The VIDUALS WITH RESPECT TO CERTAIN PLANS.—If requirements would otherwise be met if the any benefit option under the plan does not franchiser were deemed to be the sponsor re- requirements of this subsection are met with respect to an association health plan if, consist of health insurance coverage, the ferred to in section 801(b), such network were plan has as of the beginning of the plan year deemed to be an association described in sec- under the terms of the plan, no participating employer may provide health insurance cov- not fewer than 1,000 participants and bene- tion 801(b), and each franchisee were deemed ficiaries. to be a member (of the association and the erage in the individual market for any em- ployee not covered under the plan which is ‘‘(4) MARKETING REQUIREMENTS.— sponsor) referred to in section 801(b); and ‘‘(A) IN GENERAL.—If a benefit option which ‘‘(2) the requirements of section 804(a)(1) similar to the coverage contemporaneously provided to employees of the employer under consists of health insurance coverage is of- shall be deemed met. the plan, if such exclusion of the employee fered under the plan, State-licensed insur- The Secretary may by regulation, through from coverage under the plan is based on a ance agents shall be used to distribute to negotiated rulemaking, define for purposes health status-related factor with respect to small employers coverage which does not of this subsection the terms ‘franchiser’, the employee and such employee would, but consist of health insurance coverage in a ‘franchise network’, and ‘franchisee’. for such exclusion on such basis, be eligible manner comparable to the manner in which ‘‘(d) CERTAIN COLLECTIVELY BARGAINED for coverage under the plan. such agents are used to distribute health in- PLANS.— ‘‘(d) PROHIBITION OF DISCRIMINATION surance coverage. ‘‘(1) IN GENERAL.—In the case of a group AGAINST EMPLOYERS AND EMPLOYEES ELIGI- ‘‘(B) STATE-LICENSED INSURANCE AGENTS.— health plan described in paragraph (2)— BLE TO PARTICIPATE.—The requirements of For purposes of subparagraph (A), the term ‘‘(A) the requirements of subsection (a) and this subsection are met with respect to an ‘State-licensed insurance agents’ means one section 801(a)(1) shall be deemed met; association health plan if— or more agents who are licensed in a State ‘‘(B) the joint board of trustees shall be ‘‘(1) under the terms of the plan, all em- and are subject to the laws of such State re- deemed a board of trustees with respect to ployers meeting the preceding requirements lating to licensure, qualification, testing, ex- which the requirements of subsection (b) are of this section are eligible to qualify as par- amination, and continuing education of per- met; and ticipating employers for all geographically sons authorized to offer, sell, or solicit ‘‘(C) the requirements of section 804 shall available coverage options, unless, in the health insurance coverage in such State. be deemed met. case of any such employer, participation or ‘‘(5) REGULATORY REQUIREMENTS.—Such ‘‘(2) REQUIREMENTS.—A group health plan contribution requirements of the type re- other requirements as the applicable author- is described in this paragraph if— ferred to in section 2711 of the Public Health ity determines are necessary to carry out ‘‘(A) the plan is a multiemployer plan; or Service Act are not met; the purposes of this part, which shall be pre- ‘‘(B) the plan is in existence on April 1, ‘‘(2) upon request, any employer eligible to scribed by the applicable authority by regu- 2003, and would be described in section participate is furnished information regard- lation through negotiated rulemaking.

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‘‘(b) ABILITY OF ASSOCIATION HEALTH PLANS ‘‘(b) MINIMUM SURPLUS IN ADDITION TO the failure of a plan to pay any payment TO DESIGN BENEFIT OPTIONS.—Subject to sec- CLAIMS RESERVES.—In the case of any asso- when due. tion 514(d), nothing in this part or any provi- ciation health plan described in subsection ‘‘(2) PAYMENTS BY SECRETARY TO CONTINUE sion of State law (as defined in section (a)(2), the requirements of this subsection EXCESS /STOP LOSS INSURANCE COVERAGE AND 514(c)(1)) shall be construed to preclude an are met if the plan establishes and maintains INDEMNIFICATION INSURANCE COVERAGE FOR association health plan, or a health insur- surplus in an amount at least equal to— CERTAIN PLANS.—In any case in which the ap- ance issuer offering health insurance cov- ‘‘(1) $500,000, or plicable authority determines that there is, erage in connection with an association ‘‘(2) such greater amount (but not greater or that there is reason to believe that there health plan, from exercising its sole discre- than $2,000,000) as may be set forth in regula- will be: (A) a failure to take necessary cor- tion in selecting the specific items and serv- tions prescribed by the applicable authority rective actions under section 809(a) with re- ices consisting of medical care to be included through negotiated rulemaking, based on the spect to an association health plan described as benefits under such plan or coverage, ex- level of aggregate and specific excess /stop in subsection (a)(2); or (B) a termination of cept (subject to section 514) in the case of loss insurance provided with respect to such such a plan under section 809(b) or 810(b)(8) any law to the extent that it (1) prohibits an plan. (and, if the applicable authority is not the exclusion of a specific disease from such cov- ‘‘(c) ADDITIONAL REQUIREMENTS.—In the Secretary, certifies such determination to erage, or (2) is not preempted under section case of any association health plan described the Secretary), the Secretary shall deter- 731(a)(1) with respect to matters governed by in subsection (a)(2), the applicable authority mine the amounts necessary to make pay- section 711 or 712. may provide such additional requirements ments to an insurer (designated by the Sec- ‘‘SEC. 806. MAINTENANCE OF RESERVES AND relating to reserves and excess /stop loss in- retary) to maintain in force excess /stop loss PROVISIONS FOR SOLVENCY FOR surance as the applicable authority considers insurance coverage or indemnification insur- PLANS PROVIDING HEALTH BENE- appropriate. Such requirements may be pro- ance coverage for such plan, if the Secretary FITS IN ADDITION TO HEALTH IN- vided by regulation, through negotiated rule- determines that there is a reasonable expec- SURANCE COVERAGE. making, with respect to any such plan or any tation that, without such payments, claims ‘‘(a) IN GENERAL.—The requirements of this class of such plans. would not be satisfied by reason of termi- section are met with respect to an associa- ‘‘(d) ADJUSTMENTS FOR EXCESS /STOP LOSS nation of such coverage. The Secretary shall, tion health plan if— INSURANCE.—The applicable authority may to the extent provided in advance in appro- ‘‘(1) the benefits under the plan consist provide for adjustments to the levels of re- priation Acts, pay such amounts so deter- solely of health insurance coverage; or serves otherwise required under subsections mined to the insurer designated by the Sec- ‘‘(2) if the plan provides any additional (a) and (b) with respect to any plan or class retary. benefit options which do not consist of of plans to take into account excess /stop loss ‘‘(3) ASSOCIATION HEALTH PLAN FUND.— health insurance coverage, the plan— insurance provided with respect to such plan ‘‘(A) IN GENERAL.—There is established on ‘‘(A) establishes and maintains reserves or plans. the books of the Treasury a fund to be with respect to such additional benefit op- ‘‘(e) ALTERNATIVE MEANS OF COMPLIANCE.— known as the ‘Association Health Plan tions, in amounts recommended by the quali- The applicable authority may permit an as- Fund’. The Fund shall be available for mak- fied actuary, consisting of— sociation health plan described in subsection ing payments pursuant to paragraph (2). The ‘‘(i) a reserve sufficient for unearned con- (a)(2) to substitute, for all or part of the re- Fund shall be credited with payments re- tributions; quirements of this section (except subsection ceived pursuant to paragraph (1)(A), pen- ‘‘(ii) a reserve sufficient for benefit liabil- (a)(2)(B)(iii)), such security, guarantee, hold- alties received pursuant to paragraph (1)(B); ities which have been incurred, which have harmless arrangement, or other financial ar- and earnings on investments of amounts of not been satisfied, and for which risk of loss rangement as the applicable authority deter- the Fund under subparagraph (B). has not yet been transferred, and for ex- mines to be adequate to enable the plan to ‘‘(B) INVESTMENT.—Whenever the Secretary pected administrative costs with respect to fully meet all its financial obligations on a determines that the moneys of the fund are such benefit liabilities; timely basis and is otherwise no less protec- in excess of current needs, the Secretary ‘‘(iii) a reserve sufficient for any other ob- tive of the interests of participants and bene- may request the investment of such amounts ligations of the plan; and ficiaries than the requirements for which it as the Secretary determines advisable by the ‘‘(iv) a reserve sufficient for a margin of is substituted. The applicable authority may Secretary of the Treasury in obligations error and other fluctuations, taking into ac- take into account, for purposes of this sub- issued or guaranteed by the United States. count the specific circumstances of the plan; section, evidence provided by the plan or ‘‘(g) EXCESS /STOP LOSS INSURANCE.—For and sponsor which demonstrates an assumption purposes of this section— ‘‘(B) establishes and maintains aggregate of liability with respect to the plan. Such ‘‘(1) AGGREGATE EXCESS /STOP LOSS INSUR- and specific excess /stop loss insurance and evidence may be in the form of a contract of ANCE.—The term ‘aggregate excess /stop loss solvency indemnification, with respect to indemnification, lien, bonding, insurance, insurance’ means, in connection with an as- such additional benefit options for which letter of credit, recourse under applicable sociation health plan, a contract— risk of loss has not yet been transferred, as terms of the plan in the form of assessments ‘‘(A) under which an insurer (meeting such follows: of participating employers, security, or minimum standards as the applicable au- ‘‘(i) The plan shall secure aggregate excess / other financial arrangement. thority may prescribe by regulation through stop loss insurance for the plan with an at- ‘‘(f) MEASURES TO ENSURE CONTINUED PAY- negotiated rulemaking) provides for pay- tachment point which is not greater than 125 MENT OF BENEFITS BY CERTAIN PLANS IN DIS- ment to the plan with respect to aggregate percent of expected gross annual claims. The TRESS.— claims under the plan in excess of an amount applicable authority may by regulation, ‘‘(1) PAYMENTS BY CERTAIN PLANS TO ASSO- or amounts specified in such contract; through negotiated rulemaking, provide for CIATION HEALTH PLAN FUND.— ‘‘(B) which is guaranteed renewable; and upward adjustments in the amount of such ‘‘(A) IN GENERAL.—In the case of an asso- ‘‘(C) which allows for payment of pre- percentage in specified circumstances in ciation health plan described in subsection miums by any third party on behalf of the which the plan specifically provides for and (a)(2), the requirements of this subsection insured plan. maintains reserves in excess of the amounts are met if the plan makes payments into the ‘‘(2) SPECIFIC EXCESS /STOP LOSS INSUR- required under subparagraph (A). Association Health Plan Fund under this ANCE.—The term ‘specific excess /stop loss in- ‘‘(ii) The plan shall secure specific excess / subparagraph when they are due. Such pay- surance’ means, in connection with an asso- stop loss insurance for the plan with an at- ments shall consist of annual payments in ciation health plan, a contract— tachment point which is at least equal to an the amount of $5,000, and, in addition to such ‘‘(A) under which an insurer (meeting such amount recommended by the plan’s qualified annual payments, such supplemental pay- minimum standards as the applicable au- actuary. The applicable authority may by ments as the Secretary may determine to be thority may prescribe by regulation through regulation, through negotiated rulemaking, necessary under paragraph (2). Payments negotiated rulemaking) provides for pay- provide for adjustments in the amount of under this paragraph are payable to the ment to the plan with respect to claims such insurance in specified circumstances in Fund at the time determined by the Sec- under the plan in connection with a covered which the plan specifically provides for and retary. Initial payments are due in advance individual in excess of an amount or maintains reserves in excess of the amounts of certification under this part. Payments amounts specified in such contract in con- required under subparagraph (A). shall continue to accrue until a plan’s assets nection with such covered individual; ‘‘(iii) The plan shall secure indemnification are distributed pursuant to a termination ‘‘(B) which is guaranteed renewable; and insurance for any claims which the plan is procedure. ‘‘(C) which allows for payment of pre- unable to satisfy by reason of a plan termi- ‘‘(B) PENALTIES FOR FAILURE TO MAKE PAY- miums by any third party on behalf of the nation. MENTS.—If any payment is not made by a insured plan. Any regulations prescribed by the applicable plan when it is due, a late payment charge of ‘‘(h) INDEMNIFICATION INSURANCE.—For pur- authority pursuant to clause (i) or (ii) of sub- not more than 100 percent of the payment poses of this section, the term ‘indemnifica- paragraph (B) may allow for such adjust- which was not timely paid shall be payable tion insurance’ means, in connection with an ments in the required levels of excess /stop by the plan to the Fund. association health plan, a contract— loss insurance as the qualified actuary may ‘‘(C) CONTINUED DUTY OF THE SECRETARY.— ‘‘(1) under which an insurer (meeting such recommend, taking into account the specific The Secretary shall not cease to carry out minimum standards as the applicable au- circumstances of the plan. the provisions of paragraph (2) on account of thority may prescribe through negotiated

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rulemaking) provides for payment to the ‘‘(4) PLAN DOCUMENTS.—A copy of the docu- to specified matters which might serve as plan with respect to claims under the plan ments governing the plan (including any by- the basis for suspension or revocation of the which the plan is unable to satisfy by reason laws and trust agreements), the summary certification. of a termination pursuant to section 809(b) plan description, and other material describ- ‘‘(e) REPORTING REQUIREMENTS FOR CERTAIN (relating to mandatory termination); ing the benefits that will be provided to par- ASSOCIATION HEALTH PLANS.—An association ‘‘(2) which is guaranteed renewable and ticipants and beneficiaries under the plan. health plan certified under this part which noncancellable for any reason (except as the ‘‘(5) AGREEMENTS WITH SERVICE PRO- provides benefit options in addition to health applicable authority may prescribe by regu- VIDERS.—A copy of any agreements between insurance coverage for such plan year shall lation through negotiated rulemaking); and the plan and contract administrators and meet the requirements of section 503B by fil- ‘‘(3) which allows for payment of premiums other service providers. ing an annual report under such section by any third party on behalf of the insured ‘‘(6) FUNDING REPORT.—In the case of asso- which shall include information described in plan. ciation health plans providing benefits op- subsection (b)(6) with respect to the plan ‘‘(i) RESERVES.—For purposes of this sec- tions in addition to health insurance cov- year and, notwithstanding section tion, the term ‘reserves’ means, in connec- erage, a report setting forth information 503C(a)(1)(A), shall be filed with the applica- tion with an association health plan, plan as- with respect to such additional benefit op- ble authority not later than 90 days after the sets which meet the fiduciary standards tions determined as of a date within the 120- close of the plan year (or on such later date under part 4 and such additional require- day period ending with the date of the appli- as may be prescribed by the applicable au- ments regarding liquidity as the applicable cation, including the following: thority). The applicable authority may re- authority may prescribe through negotiated ‘‘(A) RESERVES.—A statement, certified by quire by regulation through negotiated rule- rulemaking. the board of trustees of the plan, and a state- making such interim reports as it considers ‘‘(j) SOLVENCY STANDARDS WORKING ment of actuarial opinion, signed by a quali- appropriate. GROUP.— fied actuary, that all applicable require- ‘‘(f) ENGAGEMENT OF QUALIFIED ACTUARY.— ‘‘(1) IN GENERAL.—Within 90 days after the ments of section 806 are or will be met in ac- The board of trustees of each association date of the enactment of the Small Business cordance with regulations which the applica- health plan which provides benefits options Health Fairness Act of 2003, the applicable ble authority shall prescribe through nego- in addition to health insurance coverage and authority shall establish a Solvency Stand- tiated rulemaking. which is applying for certification under this ards Working Group. In prescribing the ini- ‘‘(B) ADEQUACY OF CONTRIBUTION RATES.—A part or is certified under this part shall en- tial regulations under this section, the appli- statement of actuarial opinion, signed by a gage, on behalf of all participants and bene- cable authority shall take into account the qualified actuary, which sets forth a descrip- ficiaries, a qualified actuary who shall be re- recommendations of such Working Group. tion of the extent to which contribution sponsible for the preparation of the mate- ‘‘(2) MEMBERSHIP.—The Working Group rates are adequate to provide for the pay- rials comprising information necessary to be shall consist of not more than 15 members ment of all obligations and the maintenance submitted by a qualified actuary under this appointed by the applicable authority. The of required reserves under the plan for the part. The qualified actuary shall utilize such applicable authority shall include among 12-month period beginning with such date assumptions and techniques as are necessary persons invited to membership on the Work- within such 120-day period, taking into ac- to enable such actuary to form an opinion as ing Group at least one of each of the fol- count the expected coverage and experience to whether the contents of the matters re- lowing: of the plan. If the contribution rates are not ported under this part— ‘‘(A) a representative of the National Asso- fully adequate, the statement of actuarial ‘‘(1) are in the aggregate reasonably re- ciation of Insurance Commissioners; opinion shall indicate the extent to which lated to the experience of the plan and to ‘‘(B) a representative of the American the rates are inadequate and the changes reasonable expectations; and Academy of Actuaries; needed to ensure adequacy. ‘‘(2) represent such actuary’s best estimate ‘‘(C) a representative of the State govern- ‘‘(C) CURRENT AND PROJECTED VALUE OF AS- of anticipated experience under the plan. ments, or their interests; SETS AND LIABILITIES.—A statement of actu- The opinion by the qualified actuary shall be ‘‘(D) a representative of existing self-in- arial opinion signed by a qualified actuary, made with respect to, and shall be made a sured arrangements, or their interests; which sets forth the current value of the as- part of, the annual report. ‘‘(E) a representative of associations of the sets and liabilities accumulated under the ‘‘SEC. 808. NOTICE REQUIREMENTS FOR VOL- type referred to in section 801(b)(1), or their plan and a projection of the assets, liabil- UNTARY TERMINATION. interests; and ities, income, and expenses of the plan for ‘‘Except as provided in section 809(b), an ‘‘(F) a representative of multiemployer the 12-month period referred to in subpara- association health plan which is or has been plans that are group health plans, or their graph (B). The income statement shall iden- certified under this part may terminate interests. tify separately the plan’s administrative ex- (upon or at any time after cessation of ac- ‘‘SEC. 807. REQUIREMENTS FOR APPLICATION penses and claims. cruals in benefit liabilities) only if the board AND RELATED REQUIREMENTS. ‘‘(D) COSTS OF COVERAGE TO BE CHARGED of trustees— ‘‘(a) FILING FEE.—Under the procedure pre- AND OTHER EXPENSES.—A statement of the ‘‘(1) not less than 60 days before the pro- scribed pursuant to section 802(a), an asso- costs of coverage to be charged, including an posed termination date, provides to the par- ciation health plan shall pay to the applica- itemization of amounts for administration, ticipants and beneficiaries a written notice ble authority at the time of filing an applica- reserves, and other expenses associated with of intent to terminate stating that such ter- tion for certification under this part a filing the operation of the plan. mination is intended and the proposed termi- fee in the amount of $5,000, which shall be ‘‘(E) OTHER INFORMATION.—Any other infor- nation date; available in the case of the Secretary, to the mation as may be determined by the applica- ‘‘(2) develops a plan for winding up the af- extent provided in appropriation Acts, for ble authority, by regulation through nego- fairs of the plan in connection with such ter- the sole purpose of administering the certifi- tiated rulemaking, as necessary to carry out mination in a manner which will result in cation procedures applicable with respect to the purposes of this part. timely payment of all benefits for which the association health plans. ‘‘(c) FILING NOTICE OF CERTIFICATION WITH plan is obligated; and STATES.—A certification granted under this ‘‘(b) INFORMATION TO BE INCLUDED IN AP- ‘‘(3) submits such plan in writing to the ap- part to an association health plan shall not PLICATION FOR CERTIFICATION.—An applica- plicable authority. tion for certification under this part meets be effective unless written notice of such Actions required under this section shall be certification is filed with the applicable the requirements of this section only if it in- taken in such form and manner as may be State authority of each State in which at cludes, in a manner and form which shall be prescribed by the applicable authority by least 25 percent of the participants and bene- prescribed by the applicable authority regulation through negotiated rulemaking. ficiaries under the plan are located. For pur- through negotiated rulemaking, at least the poses of this subsection, an individual shall ‘‘SEC. 809. CORRECTIVE ACTIONS AND MANDA- TORY TERMINATION. following information: be considered to be located in the State in ‘‘(1) IDENTIFYING INFORMATION.—The names which a known address of such individual is ‘‘(a) ACTIONS TO AVOID DEPLETION OF RE- and addresses of— located or in which such individual is em- SERVES.—An association health plan which is ‘‘(A) the sponsor; and ployed. certified under this part and which provides ‘‘(B) the members of the board of trustees ‘‘(d) NOTICE OF MATERIAL CHANGES.—In the benefits other than health insurance cov- of the plan. case of any association health plan certified erage shall continue to meet the require- ‘‘(2) STATES IN WHICH PLAN INTENDS TO DO under this part, descriptions of material ments of section 806, irrespective of whether BUSINESS.—The States in which participants changes in any information which was re- such certification continues in effect. The and beneficiaries under the plan are to be lo- quired to be submitted with the application board of trustees of such plan shall deter- cated and the number of them expected to be for the certification under this part shall be mine quarterly whether the requirements of located in each such State. filed in such form and manner as shall be section 806 are met. In any case in which the ‘‘(3) BONDING REQUIREMENTS.—Evidence prescribed by the applicable authority by board determines that there is reason to be- provided by the board of trustees that the regulation through negotiated rulemaking. lieve that there is or will be a failure to meet bonding requirements of section 412 will be The applicable authority may require by reg- such requirements, or the applicable author- met as of the date of the application or (if ulation, through negotiated rulemaking, ity makes such a determination and so noti- later) commencement of operations. prior notice of material changes with respect fies the board, the board shall immediately

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.076 S06PT1 S3260 CONGRESSIONAL RECORD — SENATE March 6, 2003 notify the qualified actuary engaged by the law to be done by the plan administrator or other suit against any receiver, conservator, plan, and such actuary shall, not later than any trustee of the plan; or trustee of the plan, the sponsor, or prop- the end of the next following month, make ‘‘(2) to require the transfer of all (or any erty of the plan or sponsor. Pending such ad- such recommendations to the board for cor- part) of the assets and records of the plan to judication and upon the appointment by it of rective action as the actuary determines the Secretary as trustee; the Secretary as trustee, the court may stay necessary to ensure compliance with section ‘‘(3) to invest any assets of the plan which any proceeding to enforce a lien against 806. Not later than 30 days after receiving the Secretary holds in accordance with the property of the plan or the sponsor or any from the actuary recommendations for cor- provisions of the plan, regulations prescribed other suit against the plan or the sponsor. rective actions, the board shall notify the by the Secretary through negotiated rule- ‘‘(2) VENUE.—An action under this section applicable authority (in such form and man- making, and applicable provisions of law; may be brought in the judicial district where ner as the applicable authority may pre- ‘‘(4) to require the sponsor, the plan admin- the sponsor or the plan administrator resides scribe by regulation through negotiated rule- istrator, any participating employer, and or does business or where any asset of the making) of such recommendations of the ac- any employee organization representing plan plan is situated. A district court in which tuary for corrective action, together with a participants to furnish any information with such action is brought may issue process description of the actions (if any) that the respect to the plan which the Secretary as with respect to such action in any other ju- board has taken or plans to take in response trustee may reasonably need in order to ad- dicial district. to such recommendations. The board shall minister the plan; ‘‘(g) PERSONNEL.—In accordance with regu- thereafter report to the applicable authority, ‘‘(5) to collect for the plan any amounts lations which shall be prescribed by the Sec- in such form and frequency as the applicable due the plan and to recover reasonable ex- retary through negotiated rulemaking, the authority may specify to the board, regard- penses of the trusteeship; Secretary shall appoint, retain, and com- ing corrective action taken by the board ‘‘(6) to commence, prosecute, or defend on pensate accountants, actuaries, and other until the requirements of section 806 are behalf of the plan any suit or proceeding in- professional service personnel as may be nec- met. volving the plan; ‘‘(b) MANDATORY TERMINATION.—In any essary in connection with the Secretary’s ‘‘(7) to issue, publish, or file such notices, service as trustee under this section. case in which— statements, and reports as may be required ‘‘(1) the applicable authority has been noti- by the Secretary by regulation through ne- ‘‘SEC. 811. STATE ASSESSMENT AUTHORITY. fied under subsection (a) of a failure of an as- gotiated rulemaking or required by any ‘‘(a) IN GENERAL.—Notwithstanding section sociation health plan which is or has been order of the court; 514, a State may impose by law a contribu- certified under this part and is described in ‘‘(8) to terminate the plan (or provide for tion tax on an association health plan de- section 806(a)(2) to meet the requirements of its termination in accordance with section scribed in section 806(a)(2), if the plan com- section 806 and has not been notified by the 809(b)) and liquidate the plan assets, to re- menced operations in such State after the board of trustees of the plan that corrective store the plan to the responsibility of the date of the enactment of the Small Business action has restored compliance with such re- sponsor, or to continue the trusteeship; Health Fairness Act of 2003. quirements; and ‘‘(9) to provide for the enrollment of plan ‘‘(b) CONTRIBUTION TAX.—For purposes of ‘‘(2) the applicable authority determines participants and beneficiaries under appro- this section, the term ‘contribution tax’ im- that there is a reasonable expectation that priate coverage options; and posed by a State on an association health the plan will continue to fail to meet the re- ‘‘(10) to do such other acts as may be nec- plan means any tax imposed by such State quirements of section 806, essary to comply with this title or any order if— the board of trustees of the plan shall, at the of the court and to protect the interests of ‘‘(1) such tax is computed by applying a direction of the applicable authority, termi- plan participants and beneficiaries and pro- rate to the amount of premiums or contribu- nate the plan and, in the course of the termi- viders of medical care. tions, with respect to individuals covered nation, take such actions as the applicable ‘‘(c) NOTICE OF APPOINTMENT.—As soon as authority may require, including satisfying practicable after the Secretary’s appoint- under the plan who are residents of such any claims referred to in section ment as trustee, the Secretary shall give no- State, which are received by the plan from 806(a)(2)(B)(iii) and recovering for the plan tice of such appointment to— participating employers located in such any liability under subsection (a)(2)(B)(iii) or ‘‘(1) the sponsor and plan administrator; State or from such individuals; (e) of section 806, as necessary to ensure that ‘‘(2) each participant; ‘‘(2) the rate of such tax does not exceed the affairs of the plan will be, to the max- ‘‘(3) each participating employer; and the rate of any tax imposed by such State on imum extent possible, wound up in a manner ‘‘(4) if applicable, each employee organiza- premiums or contributions received by insur- which will result in timely provision of all tion which, for purposes of collective bar- ers or health maintenance organizations for benefits for which the plan is obligated. gaining, represents plan participants. health insurance coverage offered in such ‘‘SEC. 810. TRUSTEESHIP BY THE SECRETARY OF ‘‘(d) ADDITIONAL DUTIES.—Except to the ex- State in connection with a group health INSOLVENT ASSOCIATION HEALTH tent inconsistent with the provisions of this plan; PLANS PROVIDING HEALTH BENE- title, or as may be otherwise ordered by the ‘‘(3) such tax is otherwise nondiscrim- FITS IN ADDITION TO HEALTH IN- court, the Secretary, upon appointment as inatory; and SURANCE COVERAGE. trustee under this section, shall be subject to ‘‘(4) the amount of any such tax assessed ‘‘(a) APPOINTMENT OF SECRETARY AS TRUST- the same duties as those of a trustee under on the plan is reduced by the amount of any EE FOR INSOLVENT PLANS.—Whenever the section 704 of title 11, United States Code, tax or assessment otherwise imposed by the Secretary determines that an association and shall have the duties of a fiduciary for State on premiums, contributions, or both health plan which is or has been certified purposes of this title. received by insurers or health maintenance under this part and which is described in sec- ‘‘(e) OTHER PROCEEDINGS.—An application organizations for health insurance coverage, tion 806(a)(2) will be unable to provide bene- by the Secretary under this subsection may aggregate excess /stop loss insurance (as de- fits when due or is otherwise in a financially be filed notwithstanding the pendency in the fined in section 806(g)(1)), specific excess / hazardous condition, as shall be defined by same or any other court of any bankruptcy, stop loss insurance (as defined in section the Secretary by regulation through nego- mortgage foreclosure, or equity receivership 806(g)(2)), other insurance related to the pro- tiated rulemaking, the Secretary shall, upon proceeding, or any proceeding to reorganize, vision of medical care under the plan, or any notice to the plan, apply to the appropriate conserve, or liquidate such plan or its prop- combination thereof provided by such insur- United States district court for appointment erty, or any proceeding to enforce a lien ers or health maintenance organizations in of the Secretary as trustee to administer the against property of the plan. such State in connection with such plan. plan for the duration of the insolvency. The ‘‘(f) JURISDICTION OF COURT.— plan may appear as a party and other inter- ‘‘(1) IN GENERAL.—Upon the filing of an ap- ‘‘SEC. 812. DEFINITIONS AND RULES OF CON- STRUCTION. ested persons may intervene in the pro- plication for the appointment as trustee or ceedings at the discretion of the court. The the issuance of a decree under this section, ‘‘(a) DEFINITIONS.—For purposes of this court shall appoint such Secretary trustee if the court to which the application is made part— the court determines that the trusteeship is shall have exclusive jurisdiction of the plan ‘‘(1) GROUP HEALTH PLAN.—The term ‘group necessary to protect the interests of the par- involved and its property wherever located health plan’ has the meaning provided in sec- ticipants and beneficiaries or providers of with the powers, to the extent consistent tion 733(a)(1) (after applying subsection (b) of medical care or to avoid any unreasonable with the purposes of this section, of a court this section). deterioration of the financial condition of of the United States having jurisdiction over ‘‘(2) MEDICAL CARE.—The term ‘medical the plan. The trusteeship of such Secretary cases under chapter 11 of title 11, United care’ has the meaning provided in section shall continue until the conditions described States Code. Pending an adjudication under 733(a)(2). in the first sentence of this subsection are this section such court shall stay, and upon ‘‘(3) HEALTH INSURANCE COVERAGE.—The remedied or the plan is terminated. appointment by it of the Secretary as trust- term ‘health insurance coverage’ has the ‘‘(b) POWERS AS TRUSTEE.—The Secretary, ee, such court shall continue the stay of, any meaning provided in section 733(b)(1). upon appointment as trustee under sub- pending mortgage foreclosure, equity receiv- ‘‘(4) HEALTH INSURANCE ISSUER.—The term section (a), shall have the power— ership, or other proceeding to reorganize, ‘health insurance issuer’ has the meaning ‘‘(1) to do any act authorized by the plan, conserve, or liquidate the plan, the sponsor, provided in section 733(b)(2). this title, or other applicable provisions of or property of such plan or sponsor, and any ‘‘(5) APPLICABLE AUTHORITY.—

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.076 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3261

‘‘(A) IN GENERAL.—Except as provided in ‘‘(11) AFFILIATED MEMBER.—The term ‘af- (C) by redesignating subsection (d) as sub- subparagraph (B), the term ‘applicable au- filiated member’ means, in connection with section (e); and thority’ means, in connection with an asso- a sponsor— (D) by inserting after subsection (c) the ciation health plan— ‘‘(A) a person who is otherwise eligible to following new subsection: ‘‘(i) the State recognized pursuant to sub- be a member of the sponsor but who elects ‘‘(d)(1) Except as provided in subsection section (c) of section 506 as the State to an affiliated status with the sponsor, (b)(4), the provisions of this title shall super- which authority has been delegated in con- ‘‘(B) in the case of a sponsor with members sede any and all State laws insofar as they nection with such plan; or which consist of associations, a person who may now or hereafter preclude, or have the ‘‘(ii) if there if no State referred to in is a member of any such association and effect of precluding, a health insurance clause (i), the Secretary. elects an affiliated status with the sponsor, issuer from offering health insurance cov- erage in connection with an association ‘‘(B) EXCEPTIONS.— or health plan which is certified under part 8. ‘‘(i) JOINT AUTHORITIES.—Where such term ‘‘(C) in the case of an association health plan in existence on the date of the enact- ‘‘(2) Except as provided in paragraphs (4) appears in section 808(3), section 807(e) (in and (5) of subsection (b) of this section— the first instance), section 809(a) (in the sec- ment of the Small Business Health Fairness Act of 2003, a person eligible to be a member ‘‘(A) In any case in which health insurance ond instance), section 809(a) (in the fourth coverage of any policy type is offered under instance), and section 809(b)(1), such term of the sponsor or one of its member associa- tions. an association health plan certified under means, in connection with an association part 8 to a participating employer operating health plan, the Secretary and the State re- ‘‘(12) LARGE EMPLOYER.—The term ‘large employer’ means, in connection with a group in such State, the provisions of this title ferred to in subparagraph (A)(i) (if any) in shall supersede any and all laws of such connection with such plan. health plan with respect to a plan year, an employer who employed an average of at State insofar as they may preclude a health ‘‘(ii) REGULATORY AUTHORITIES.—Where least 51 employees on business days during insurance issuer from offering health insur- such term appears in section 802(a) (in the the preceding calendar year and who em- ance coverage of the same policy type to first instance), section 802(d), section 802(e), ploys at least 2 employees on the first day of other employers operating in the State section 803(d), section 805(a)(5), section the plan year. which are eligible for coverage under such 806(a)(2), section 806(b), section 806(c), sec- ‘‘(13) SMALL EMPLOYER.—The term ‘small association health plan, whether or not such tion 806(d), paragraphs (1)(A) and (2)(A) of employer’ means, in connection with a group other employers are participating employers section 806(g), section 806(h), section 806(i), health plan with respect to a plan year, an in such plan. section 806(j), section 807(a) (in the second in- employer who is not a large employer. ‘‘(B) In any case in which health insurance stance), section 807(b), section 807(d), section coverage of any policy type is offered under ‘‘(b) RULES OF CONSTRUCTION.— 807(e) (in the second instance), section 808 (in an association health plan in a State and the ‘‘(1) EMPLOYERS AND EMPLOYEES.—For pur- the matter after paragraph (3)), and section poses of determining whether a plan, fund, or filing, with the applicable State authority, 809(a) (in the third instance), such term program is an employee welfare benefit plan of the policy form in connection with such means, in connection with an association which is an association health plan, and for policy type is approved by such State au- health plan, the Secretary. purposes of applying this title in connection thority, the provisions of this title shall su- ‘‘(6) HEALTH STATUS-RELATED FACTOR.—The with such plan, fund, or program so deter- persede any and all laws of any other State term ‘health status-related factor’ has the mined to be such an employee welfare ben- in which health insurance coverage of such meaning provided in section 733(d)(2). efit plan— type is offered, insofar as they may preclude, ‘‘(7) INDIVIDUAL MARKET.— ‘‘(A) in the case of a partnership, the term upon the filing in the same form and manner ‘‘(A) IN GENERAL.—The term ‘individual ‘employer’ (as defined in section 3(5)) in- of such policy form with the applicable State market’ means the market for health insur- cludes the partnership in relation to the authority in such other State, the approval ance coverage offered to individuals other partners, and the term ‘employee’ (as defined of the filing in such other State. ‘‘(3) For additional provisions relating to than in connection with a group health plan. in section 3(6)) includes any partner in rela- association health plans, see subsections ‘‘(B) TREATMENT OF VERY SMALL GROUPS.— tion to the partnership; and (a)(2)(B) and (b) of section 805. ‘‘(i) IN GENERAL.—Subject to clause (ii), ‘‘(B) in the case of a self-employed indi- such term includes coverage offered in con- ‘‘(4) For purposes of this subsection, the vidual, the term ‘employer’ (as defined in term ‘association health plan’ has the mean- nection with a group health plan that has section 3(5)) and the term ‘employee’ (as de- fewer than 2 participants as current employ- ing provided in section 801(a), and the terms fined in section 3(6)) shall include such indi- ‘health insurance coverage’, ‘participating ees or participants described in section vidual. 732(d)(3) on the first day of the plan year. employer’, and ‘health insurance issuer’ have ‘‘(2) PLANS, FUNDS, AND PROGRAMS TREATED the meanings provided such terms in section ‘‘(ii) STATE EXCEPTION.—Clause (i) shall not AS EMPLOYEE WELFARE BENEFIT PLANS.—In apply in the case of health insurance cov- 811, respectively.’’. the case of any plan, fund, or program which (3) Section 514(b)(6)(A) of such Act (29 erage offered in a State if such State regu- was established or is maintained for the pur- lates the coverage described in such clause in U.S.C. 1144(b)(6)(A)) is amended— pose of providing medical care (through the (A) in clause (i)(II), by striking ‘‘and’’ at the same manner and to the same extent as purchase of insurance or otherwise) for em- coverage in the small group market (as de- the end; ployees (or their dependents) covered there- (B) in clause (ii), by inserting ‘‘and which fined in section 2791(e)(5) of the Public under and which demonstrates to the Sec- Health Service Act) is regulated by such does not provide medical care (within the retary that all requirements for certification meaning of section 733(a)(2)),’’ after ‘‘ar- State. under this part would be met with respect to rangement,’’, and by striking ‘‘title.’’ and in- ‘‘(8) PARTICIPATING EMPLOYER.—The term such plan, fund, or program if such plan, serting ‘‘title, and’’; and ‘participating employer’ means, in connec- fund, or program were a group health plan, (C) by adding at the end the following new tion with an association health plan, any such plan, fund, or program shall be treated clause: employer, if any individual who is an em- for purposes of this title as an employee wel- ‘‘(iii) subject to subparagraph (E), in the ployee of such employer, a partner in such fare benefit plan on and after the date of case of any other employee welfare benefit employer, or a self-employed individual who such demonstration.’’. plan which is a multiple employer welfare is such employer (or any dependent, as de- (b) CONFORMING AMENDMENTS TO PREEMP- arrangement and which provides medical fined under the terms of the plan, of such in- TION RULES.— care (within the meaning of section dividual) is or was covered under such plan (1) Section 514(b)(6) of such Act (29 U.S.C. 733(a)(2)), any law of any State which regu- in connection with the status of such indi- 1144(b)(6)) is amended by adding at the end lates insurance may apply.’’. vidual as such an employee, partner, or self- the following new subparagraph: (4) Section 514(e) of such Act (as redesig- employed individual in relation to the plan. ‘‘(E) The preceding subparagraphs of this nated by paragraph (2)(C)) is amended— ‘‘(9) APPLICABLE STATE AUTHORITY.—The paragraph do not apply with respect to any (A) by striking ‘‘Nothing’’ and inserting term ‘applicable State authority’ means, State law in the case of an association ‘‘(1) Except as provided in paragraph (2), with respect to a health insurance issuer in health plan which is certified under part 8.’’. nothing’’; and a State, the State insurance commissioner (2) Section 514 of such Act (29 U.S.C. 1144) (B) by adding at the end the following new or official or officials designated by the is amended— paragraph: State to enforce the requirements of title (A) in subsection (b)(4), by striking ‘‘Sub- ‘‘(2) Nothing in any other provision of law XXVII of the Public Health Service Act for section (a)’’ and inserting ‘‘Subsections (a) enacted on or after the date of the enact- the State involved with respect to such and (e)’’; ment of the Small Business Health Fairness issuer. (B) in subsection (b)(5), by striking ‘‘sub- Act of 2003 shall be construed to alter, ‘‘(10) QUALIFIED ACTUARY.—The term section (a)’’ in subparagraph (A) and insert- amend, modify, invalidate, impair, or super- ‘qualified actuary’ means an individual who ing ‘‘subsection (a) of this section and sub- sede any provision of this title, except by is a member of the American Academy of Ac- sections (a)(2)(B) and (b) of section 805’’, and specific cross-reference to the affected sec- tuaries or meets such reasonable standards by striking ‘‘subsection (a)’’ in subparagraph tion.’’. and qualifications as the Secretary may pro- (B) and inserting ‘‘subsection (a) of this sec- (c) PLAN SPONSOR.—Section 3(16)(B) of such vide by regulation through negotiated rule- tion or subsection (a)(2)(B) or (b) of section Act (29 U.S.C. 102(16)(B)) is amended by add- making. 805’’; ing at the end the following new sentence:

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.076 S06PT1 S3262 CONGRESSIONAL RECORD — SENATE March 6, 2003 ‘‘Such term also includes a person serving as ‘‘(iv) in determining, after the application or arrangement (nor covered on the basis of the sponsor of an association health plan of clause (i), whether benefits are provided to such present or former employment), under part 8.’’. employees of two or more employers, the ar- does not exceed 15 percent of the total num- (d) DISCLOSURE OF SOLVENCY PROTECTIONS rangement shall be treated as having only ber of individuals who are covered under the RELATED TO SELF-INSURED AND FULLY IN- one participating employer if, after the ap- plan or arrangement and who are present or SURED OPTIONS UNDER ASSOCIATION HEALTH plication of clause (i), the number of individ- former employees who are or were covered PLANS.—Section 102(b) of such Act (29 U.S.C. uals who are employees and former employ- under the plan or arrangement pursuant to a 102(b)) is amended by adding at the end the ees of any one participating employer and collective bargaining agreement with a par- following: ‘‘An association health plan shall who are covered under the arrangement is ticipating employer. The requirements of the include in its summary plan description, in greater than 75 percent of the aggregate preceding provisions of this clause shall be connection with each benefit option, a de- number of all individuals who are employees treated as satisfied if, as of the end of the scription of the form of solvency or guar- or former employees of participating em- preceding plan year, such covered individ- antee fund protection secured pursuant to ployers and who are covered under the ar- uals are comprised solely of individuals who this Act or applicable State law, if any.’’. rangement;’’. were covered individuals under the plan or (e) SAVINGS CLAUSE.—Section 731(c) of such SEC. 4. CLARIFICATION OF TREATMENT OF CER- other arrangement as of the date of the en- Act is amended by inserting ‘‘or part 8’’ after TAIN COLLECTIVELY BARGAINED actment of the Small Business Health Fair- ‘‘this part’’. ARRANGEMENTS. ness Act of 2003 and, as of the end of the pre- (f) REPORT TO THE CONGRESS REGARDING (a) IN GENERAL.—Section 3(40)(A)(i) of the ceding plan year, the number of such covered CERTIFICATION OF SELF-INSURED ASSOCIATION Employee Retirement Income Security Act individuals does not exceed 25 percent of the HEALTH PLANS.—Not later than January 1, of 1974 (29 U.S.C. 1002(40)(A)(i)) is amended to total number of present and former employ- 2008, the Secretary of Labor shall report to read as follows: ees enrolled under the plan or other arrange- the Committee on Education and the Work- ‘‘(i)(I) under or pursuant to one or more ment. force of the House of Representatives and the collective bargaining agreements which are ‘‘(iii) The employee organization or other Committee on Health, Education, Labor, and reached pursuant to collective bargaining entity sponsoring the plan or other arrange- Pensions of the Senate the effect association described in section 8(d) of the National ment certifies to the Secretary each year, in health plans have had, if any, on reducing Labor Relations Act (29 U.S.C. 158(d)) or a form and manner which shall be prescribed the number of uninsured individuals. paragraph Fourth of section 2 of the Railway by the Secretary through negotiated rule- (g) CLERICAL AMENDMENT.—The table of Labor Act (45 U.S.C. 152, paragraph Fourth) making that the plan or other arrangement contents in section 1 of the Employee Retire- or which are reached pursuant to labor-man- meets the requirements of clauses (i) and ment Income Security Act of 1974 is amended agement negotiations under similar provi- (ii). by inserting after the item relating to sec- sions of State public employee relations ‘‘(D) For purposes of subparagraph tion 734 the following new items: laws, and (II) in accordance with subpara- (A)(i)(II), a plan or arrangement shall be ‘‘PART 8—RULES GOVERNING ASSOCIATION graphs (C), (D), and (E);’’. treated as established or maintained in ac- HEALTH PLANS (b) LIMITATIONS.—Section 3(40) of such Act cordance with this subparagraph only if— (29 U.S.C. 1002(40)) is amended by adding at ‘‘Sec. 801. Association health plans. ‘‘(i) all of the benefits provided under the the end the following new subparagraphs: ‘‘Sec. 802. Certification of association health plan or arrangement consist of health insur- ‘‘(C) For purposes of subparagraph plans. ance coverage; or (A)(i)(II), a plan or other arrangement shall ‘‘Sec. 803. Requirements relating to sponsors ‘‘(ii)(I) the plan or arrangement is a multi- be treated as established or maintained in and boards of trustees. employer plan; and ‘‘Sec. 804. Participation and coverage re- accordance with this subparagraph only if ‘‘(II) the requirements of clause (B) of the quirements. the following requirements are met: proviso to clause (5) of section 302(c) of the ‘‘Sec. 805. Other requirements relating to ‘‘(i) The plan or other arrangement, and Labor Management Relations Act, 1947 (29 plan documents, contribution the employee organization or any other enti- U.S.C. 186(c)) are met with respect to such rates, and benefit options. ty sponsoring the plan or other arrangement, plan or other arrangement. ‘‘Sec. 806. Maintenance of reserves and pro- do not— ‘‘(E) For purposes of subparagraph visions for solvency for plans ‘‘(I) utilize the services of any licensed in- (A)(i)(II), a plan or arrangement shall be providing health benefits in ad- surance agent or broker for soliciting or en- treated as established or maintained in ac- dition to health insurance cov- rolling employers or individuals as partici- cordance with this subparagraph only if— erage. pating employers or covered individuals ‘‘(i) the plan or arrangement is in effect as ‘‘Sec. 807. Requirements for application and under the plan or other arrangement; or of the date of the enactment of the Small related requirements. ‘‘(II) pay any type of compensation to a Business Health Fairness Act of 2003; or ‘‘Sec. 808. Notice requirements for voluntary person, other than a full time employee of ‘‘(ii) the employee organization or other termination. the employee organization (or a member of entity sponsoring the plan or arrangement— ‘‘Sec. 809. Corrective actions and mandatory the organization to the extent provided in ‘‘(I) has been in existence for at least 3 termination. regulations prescribed by the Secretary years; or ‘‘Sec. 810. Trusteeship by the Secretary of through negotiated rulemaking), that is re- ‘‘(II) demonstrates to the satisfaction of insolvent association health lated either to the volume or number of em- the Secretary that the requirements of sub- plans providing health benefits ployers or individuals solicited or enrolled as paragraphs (C) and (D) are met with respect in addition to health insurance participating employers or covered individ- to the plan or other arrangement.’’. coverage. uals under the plan or other arrangement, or (c) CONFORMING AMENDMENTS TO DEFINI- ‘‘Sec. 811. State assessment authority. to the dollar amount or size of the contribu- TIONS OF PARTICIPANT AND BENEFICIARY.— ‘‘Sec. 812. Definitions and rules of construc- tions made by participating employers or Section 3(7) of such Act (29 U.S.C. 1002(7)) is tion.’’. covered individuals to the plan or other ar- amended by adding at the end the following SEC. 3. CLARIFICATION OF TREATMENT OF SIN- rangement; new sentence: ‘‘Such term includes an indi- GLE EMPLOYER ARRANGEMENTS. except to the extent that the services used vidual who is a covered individual described Section 3(40)(B) of the Employee Retire- by the plan, arrangement, organization, or in paragraph (40)(C)(ii).’’. ment Income Security Act of 1974 (29 U.S.C. other entity consist solely of preparation of SEC. 5. ENFORCEMENT PROVISIONS RELATING 1002(40)(B)) is amended— documents necessary for compliance with TO ASSOCIATION HEALTH PLANS. (1) in clause (i), by inserting ‘‘for any plan the reporting and disclosure requirements of (a) CRIMINAL PENALTIES FOR CERTAIN WILL- year of any such plan, or any fiscal year of part 1 or administrative, investment, or con- FUL MISREPRESENTATIONS.—Section 501 of any such other arrangement;’’ after ‘‘single sulting services unrelated to solicitation or the Employee Retirement Income Security employer’’, and by inserting ‘‘during such enrollment of covered individuals. Act of 1974 (29 U.S.C. 1131) is amended— year or at any time during the preceding 1- ‘‘(ii) As of the end of the preceding plan (1) by inserting ‘‘(a)’’ after ‘‘SEC. 501.’’; and year period’’ after ‘‘control group’’; year, the number of covered individuals (2) by adding at the end the following new (2) in clause (iii)— under the plan or other arrangement who are subsection: (A) by striking ‘‘common control shall not neither— ‘‘(b) Any person who willfully falsely rep- be based on an interest of less than 25 per- ‘‘(I) employed within a bargaining unit resents, to any employee, any employee’s cent’’ and inserting ‘‘an interest of greater covered by any of the collective bargaining beneficiary, any employer, the Secretary, or than 25 percent may not be required as the agreements with a participating employer any State, a plan or other arrangement es- minimum interest necessary for common (nor covered on the basis of an individual’s tablished or maintained for the purpose of control’’; and employment in such a bargaining unit); nor offering or providing any benefit described in (B) by striking ‘‘similar to’’ and inserting ‘‘(II) present employees (or former employ- section 3(1) to employees or their bene- ‘‘consistent and coextensive with’’; ees who were covered while employed) of the ficiaries as— (3) by redesignating clauses (iv) and (v) as sponsoring employee organization, of an em- ‘‘(1) being an association health plan which clauses (v) and (vi), respectively; and ployer who is or was a party to any of the has been certified under part 8; (4) by inserting after clause (iii) the fol- collective bargaining agreements, or of the ‘‘(2) having been established or maintained lowing new clause: plan or other arrangement or a related plan under or pursuant to one or more collective

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.076 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3263 bargaining agreements which are reached ‘‘(A) the Secretary’s authority under sec- ment at such time after the date of the en- pursuant to collective bargaining described tions 502 and 504 to enforce the requirements actment of this Act as the applicable re- in section 8(d) of the National Labor Rela- for certification under part 8; and quirements of this subsection are not met tions Act (29 U.S.C. 158(d)) or paragraph ‘‘(B) the Secretary’s authority to certify with respect to such arrangement. Fourth of section 2 of the Railway Labor Act association health plans under part 8 in ac- (2) DEFINITIONS.—For purposes of this sub- (45 U.S.C. 152, paragraph Fourth) or which cordance with regulations of the Secretary section, the terms ‘‘group health plan’’, are reached pursuant to labor-management applicable to certification under part 8. ‘‘medical care’’, and ‘‘participating em- negotiations under similar provisions of ‘‘(2) RECOGNITION OF PRIMARY DOMICILE ployer’’ shall have the meanings provided in State public employee relations laws; or STATE.—In carrying out paragraph (1), the section 812 of the Employee Retirement In- ‘‘(3) being a plan or arrangement with re- Secretary shall ensure that only one State come Security Act of 1974, except that the spect to which the requirements of subpara- will be recognized, with respect to any par- reference in paragraph (7) of such section to graph (C), (D), or (E) of section 3(40) are met, ticular association health plan, as the State an ‘‘association health plan’’ shall be deemed shall, upon conviction, be imprisoned not to with which consultation is required. In a reference to an arrangement referred to in more than 5 years, be fined under title 18, carrying out this paragraph, the Secretary this subsection. United States Code, or both.’’. shall take into account the places of resi- dence of the participants and beneficiaries THE SMALL BUSINESS HEALTH FAIRNESS ACT (b) CEASE ACTIVITIES ORDERS.—Section 502 OF 2003 of such Act (29 U.S.C. 1132), as amended by under the plan and the State in which the sections 141 and 143, is further amended by trust is maintained.’’. SEC. 421. RULES GOVERNING ASSOCIATION adding at the end the following new sub- SEC. 7. EFFECTIVE DATE AND TRANSITIONAL HEALTH PLANS section: AND OTHER RULES. Subsection (a). Rules Governing Regulation (a) EFFECTIVE DATE.—The amendments ‘‘(p) ASSOCIATION HEALTH PLAN CEASE AND of Association Health Plans. made by sections 2, 5, and 6 shall take effect DESIST ORDERS.— This subsection adds a new Part 8 (Rules one year from the date of the enactment. ‘‘(1) IN GENERAL.—Subject to paragraph (2), Governing Regulation of Association Health The amendments made by sections 3 and 4 upon application by the Secretary showing Plans) to Title I, Subtitle B of ERISA, as fol- shall take effect on the date of the enact- the operation, promotion, or marketing of an lows: ment of this Act. The Secretary of Labor association health plan (or similar arrange- SEC. 801. ASSOCIATION HEALTH PLANS. shall first issue all regulations necessary to ment providing benefits consisting of med- (a) The term ‘‘association health plan’’ carry out the amendments made by this sub- ical care (as defined in section 733(a)(2))) means a ‘‘group health plan’’ (which is de- title within one year from the date of the en- that— fined in ERISA as added by the Health Insur- actment. Such regulations shall be issued ‘‘(A) is not certified under part 8, is subject ance Portability and Accountability Act or through negotiated rulemaking. under section 514(b)(6) to the insurance laws HIPAA; under HIPAA such group health (b) EXCEPTION.—Section 801(a)(2) of the of any State in which the plan or arrange- plans are subject to all of the portability, Employee Retirement Income Security Act ment offers or provides benefits, and is not preexisting condition, nondiscriminating, of 1974 (added by section 2) does not apply in licensed, registered, or otherwise approved special enrollment, renewability and other connection with an association health plan under the insurance laws of such State; or provisions of ERISA Part 7)— (certified under part 8 of subtitle B of title I ‘‘(B) is an association health plan certified (b) The sponsor of an Association Health of such Act) existing on the date of the en- under part 8 and is not operating in accord- Plan (AHP) must be: actment of this Act, if no benefits provided ance with the requirements under part 8 for (1) Organized and maintained in good faith, thereunder as of the date of the enactment of such certification, with a constitution and bylaws specifically this Act consist of health insurance coverage a district court of the United States shall stating its purpose and providing for at least (as defined in section 733(b)(1) of such Act). annual meetings, as a trade association, and enter an order requiring that the plan or ar- (c) TREATMENT OF CERTAIN EXISTING rangement cease activities. industry association (including a rural elec- HEALTH BENEFITS PROGRAMS.— tric or rural telephone cooperative), a profes- ‘‘(2) EXCEPTION.—Paragraph (1) shall not (1) IN GENERAL.—In any case in which, as of apply in the case of an association health sional association, or a chamber of com- the date of the enactment of this Act, an ar- merce (or similar business group, include a plan or other arrangement if the plan or ar- rangement is maintained in a State for the rangement shows that— similar organization that operates on a coop- purpose of providing benefits consisting of erative basis within the meaning of section ‘‘(A) all benefits under it referred to in medical care for the employees and bene- paragraph (1) consist of health insurance 1381 of the Internal Revenue Code), for sub- ficiaries of its participating employers, at stantial purposes other than that of obtain- coverage; and least 200 participating employers make con- ‘‘(B) with respect to each State in which ing or providing medical care. tributions to such arrangement, such ar- (2) Is established as a permanent entity the plan or arrangement offers or provides rangement has been in existence for at least benefits, the plan or arrangement is oper- which receives the active support of its 10 years, and such arrangement is licensed members, and collects dues from its mem- ating in accordance with applicable State under the laws of one or more States to pro- laws that are not superseded under section bers on a periodic basis; vide such benefits to its participating em- (3) Does not condition membership, dues or 514. ployers, upon the filing with the applicable coverage under the health plan on the basis ‘‘(3) ADDITIONAL EQUITABLE RELIEF.—The authority (as defined in section 812(a)(5) of of health status-related factors with respect court may grant such additional equitable the Employee Retirement Income Security to employees of members, and does not con- relief, including any relief available under Act of 1974 (as amended by this subtitle)) by dition such dues on the basis of the mem- this title, as it deems necessary to protect the arrangement of an application for cer- ber’s participation in the group health plan. the interests of the public and of persons tification of the arrangement under part 8 of In addition to the associations described having claims for benefits against the plan.’’. subtitle B of title I of such Act— above, certain other entities are eligible to (c) RESPONSIBILITY FOR CLAIMS PROCE- (A) such arrangement shall be deemed to seek certification as AHPs. These include (1) DURE.—Section 503 of such Act (29 U.S.C. be a group health plan for purposes of title I franchise networks (section 803(c)), and (2) 1133), as amended by section 301(b), is amend- of such Act; multiemployer plans and certain existing ed by adding at the end the following new (B) the requirements of sections 801(a)(1) collectively bargained arrangements which subsection: and 803(a)(1) of the Employee Retirement In- fail to meet the statutory exemption criteria ‘‘(c) ASSOCIATION HEALTH PLANS.—The come Security Act of 1974 shall be deemed (section 803(d)). terms of each association health plan which met with respect to such arrangement; SEC. 802. CERTIFICATION OF ASSOCIATION is or has been certified under part 8 shall re- (C) the requirements of section 803(b) of HEALTH PLANS. quire the board of trustees or the named fi- such Act shall be deemed met, if the arrange- This section establishes a procedure for the duciary (as applicable) to ensure that the re- ment is operated by a board of directors certification of Association Health Plans as quirements of this section are met in connec- which— prescribed by the Secretary of Labor or tion with claims filed under the plan.’’. (i) is elected by the participating employ- other applicable authority (applicable au- SEC. 6. COOPERATION BETWEEN FEDERAL AND ers, with each employer having one vote; and thority). In the case of an association health STATE AUTHORITIES. (ii) has complete fiscal control over the ar- plan that provides at least one benefit option Section 506 of the Employee Retirement rangement and which is responsible for all that does not consist of health insurance Income Security Act of 1974 (29 U.S.C. 1136) is operations of the arrangement; coverage, the applicable authority shall amended by adding at the end the following (D) the requirements of section 804(a) of grant certification only if the applicable re- new subsection: such Act shall be deemed met with respect to quirements are met (or, upon the date on ‘‘(c) CONSULTATION WITH STATES WITH RE- such arrangement; and which the plan is to commence operations, SPECT TO ASSOCIATION HEALTH PLANS.— (E) the arrangement may be certified by will be met). Such self-insured association ‘‘(1) AGREEMENTS WITH STATES.—The Sec- any applicable authority with respect to its health plans may only be certified if they retary shall consult with the State recog- operations in any State only if it operates in also (1) offered such coverage on the date of nized under paragraph (2) with respect to an such State on the date of certification. enactment of this Act; (2) the sponsor does association health plan regarding the exer- The provisions of this subsection shall cease not restrict membership to one or more cise of— to apply with respect to any such arrange- trades or businesses or industries and whose

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.076 S06PT1 S3264 CONGRESSIONAL RECORD — SENATE March 6, 2003 eligible participating employers represent a SEC. 805. OTHER REQUIREMENTS RELATING TO described above. All certified AHPs will pay broad cross-section of trades or businesses or PLAN DOCUMENTS, CONTRIBUTION $5,000 into the fund annually, and this industries; and (3) the plan’s eligible partici- RATES, AND BENEFIT OPTIONS. amount may be altered according to need by pating employers represent one or more Section 805 requires an association health the Secretary. trades or businesses, or one or more indus- plan to meet the following requirements: (1) The bill also establishes a ‘‘Solvency tries, which have been indicated as having its governing instruments must provide that Standards Working Group’’ for the purpose average or above-average health insurance the board of trustees serves as the named fi- of providing input to the applicable author- risk or health claims experience by reason of duciary and plan administrator, that the ity with respect to solvency requirements for state rate filings, denials of coverage, or pro- sponsor serves as plan sponsor, and that the AHPs certified under the Act. The Working posed premium rate levels, or other means reserve requirements of section 806 are met; Group shall consist of not more than 15 demonstrated by such plan in accord with (2) the contribution rates for any particular members appointed by the applicable author- regulations prescribed through negotiated employer must be nondiscriminatory—they ity, and shall include: (1) a representative of rulemaking by the applicable authority. can not vary only on the claims experience the NAIC, (2) a representative of the Amer- of the particular employer or on the type of The applicable authority may provide by ican Academy of Actuaries; (3) a representa- business or industry in which the employer regulation for continued certification of as- tive of the State governments; (4) a rep- is engaged, regardless of how much such sociation health plans. A ‘‘class certifi- resentative of existing self-insured health claims may be above or below average claims cation’’ procedure is established to speed the plans; (5) a representative bona fide associa- experience, (3) the plan has at least 1,000 par- approval of plans that offer only fully-in- tions eligible to sponsor an AHP under the ticipants and beneficiaries if the plan does sured health insurance coverage. Act; and (6) a representative of multiem- not consist solely of fully-insured health in- ployer group health plans. In essence, this procedure has the same ef- surance coverage, (4) utilizes State-licensed fect as requiring the Secretary to implement SEC. 807. REQUIREMENTS FOR APPLICATION AND insurance agents in the marketing of health RELATED REQUIREMENTS. authority under current law to issue exemp- insurance benefits under the plan; and (5) the This section sets forth additional criteria tions for association health plans (see ERISA plan meets such other requirements as may section 514(b)(6)(B)). An AHP that is certified which association health plans must meet to be set forth in regulations by the applicable qualify for certification. The Secretary shall must also meet the applicable requirements authority. of Part 8 as described below. grant certification to a plan only if: (1) a The rules also stipulate that association complete application has been filed, accom- SEC. 803. REQUIREMENTS RELATING TO SPON- health plans must be allowed to design ben- panied by the filing fee of $5,000; and (2) all SORS AND BOARDS OF TRUSTEES. efit options. Specifically, no provision of other terms of the certification are met (in- state law shall preclude an AHP or health in- This section establishes additional eligi- cluding financial, actuarial, reporting, par- surance issuer from exercising its discretion bility requirements for AHPs. Applicants ticipation, and such other requirements as in designing the items and services of med- must demonstrate that the arrangement’s may be specified as a condition of the certifi- ical care to be included as health insurance sponsor has been in existence for a contin- cation). converge under the plan, except to the ex- uous period of at least three years for sub- The application must include the fol- tent that such law (1) prohibits a specific dis- stantial purposes other than providing cov- lowing: (1) identifying information about the ease from such coverage, or (2) is not pre- erage under a group health plan. arrangement and the states in which it will empted under section 731(a)(1) with respect Subsection (b) also requires that the plan operate: (2) evidence that ERISA’s bonding to the matters governed by section 711 (re- requirements will be met; (3) copies of all be operated, pursuant to trust agreement, by lating to maternal and newborn hospitaliza- a ‘‘board of trustees’’ which has complete fis- plan documents and agreements with service tion) and section 712 (relating to mental providers; (4) a funding report indicating cal control and which is responsible for all health coverage). In addition, no provision of operations of the plan. The board of trustees that the reserve requirements of section 806 law shall be construed to preclude an AHP or will be met, that contribution rates will be must develop rules of operation and financial health insurance issuer from setting con- control based on a three-year plan of oper- adequate to cover obligations, and that a tribution rates based on the experience qualified actuary (a member in good stand- ation which is adequate to carry out the under the plan to the extent such rates are terms of the plan and to meet all applicable ing of the American Academy of Actuaries or nondiscriminatory as described above. an actuary meeting such other standards requirements of the certification and Title I SEC. 806. MAINTENANCE OF RESERVES AND PRO- of ERISA. The board of trustees must consist that the Secretary considers adequate) has VISIONS FOR SOLVENCY FOR PLANS issued an opinion with respect to the ar- of individuals who are owners, officers, direc- PROVIDING HEALTH BENEFITS IN tors or employees of the employers who par- ADDITION TO HEALTH INSURANCE rangement’s assets, liabilities, and projected ticipate in the plan. COVERAGE. costs; and (5) any other information pre- scribed by the applicable authority. Certified In addition to the association described in Section 806 requires AHPs offering benefit association health plans must notify by the section 801, certain other entities are made options that do not consist solely of fully-in- applicable authority of any material changes eligible to seek certification as AHPs. These sured health insurance coverage to establish in this information at any time, must file include (1) franchise networks (section and maintain reserves sufficient for un- annual reports with the applicable author- 803(c)) and (2) multiemployer plans and cer- earned contributions, benefit liabilities in- ity, and must engage a qualified actuary. tain existing collectively bargained arrange- curred but not yet satisfied and for which risk of loss has not been transferred, ex- AHPs are also required to file their certifi- ments which fail to meet the statutory ex- cation with the applicable state authority of emption criteria (section 803(d)). pected administrative costs, any other obli- gations and a margin for error recommended each state in which at least 25 percent of the SEC. 804. PARTICIPATION AND COVERAGE RE- by the plan’s qualified actuary. In addition, participants and beneficiaries under the plan QUIREMENTS. the AHP must maintain minimum surplus are located. This section prohibits discrimination reserves of $500,000 or such greater amount SEC. 808. NOTICE REQUIREMENTS FOR VOL- against eligible employers and employees by (up to $2,000,000) as the applicable authority UNTARY TERMINATION. requiring that all employers who are associa- may prescribe. Also, each plan must secure Section 808 requires that, except as pro- tion members be eligible for participation coverage from an insurer consisting of (1) ag- vided in section 809, and AHP may terminate under the terms of the plan, that eligible em- gregate stop-loss insurance with an attach- only if the board of trustees provides 60 days ployers be informed of all benefit options ment point not greater than 125 percent of advance written notice to participants and available, and that eligible individuals of expected gross claims; (2) specific stop-loss beneficiaries and submits to the applicable such participating employers not be ex- insurance with an attachment point which is authority a plan providing for timely pay- cluded from enrolling in the plan because of at least equal to an amount recommended by ment of all benefit obligations. health status. Plans may include minimum the plan’s qualified actuary; and (3) to pre- SEC. 809. CORRECTIVE ACTIONS AND MANDA- participation, contribution, and size require- vent insolvency, indemnification for any TORY TERMINATION. ments to the extent that they meet the non- claims which a plan is unable to satisfy by Section 809 requires an AHP which offers discrimination and other rules under sec- reason of a mandatory termination described benefit options which are not fully-insured tions 701, 702, and 703. Affiliated members of under section 809(b). The applicable author- to continue to meet the reserve require- the plan sponsor may be offered overage if ity may provide additional requirements re- ments under section 806 even if its exemption they are affiliated at the time of certifi- lating to reserves and excess/stop loss insur- is no longer in effect. The board of trustees cation or if they were previously uninsured ance and may provide adjustments to the of such an AHP must quarterly determine for 12 months prior to being covered. The levels of reserves otherwise required to take whether the reserve requirements of section legislation will not affect the individual into account the level of excess/stop loss in- 806 are being met and, if they are not, must, health insurance market adversely inasmuch surance or other financial arrangements. in consultation with the qualified actuary, as the bill requires that no participating em- the bill also establishes an ‘‘Association develop a plan to ensure compliance and re- ployer may exclude an employee from enroll- Health Plan Fund’’ which is to be managed port such information to the applicable au- ment under an AHP by purchasing an indi- by the Department of Labor for the purpose thority. In any case where an AHP notifies vidual policy of health insurance coverage of making payments to cover any out- the applicable authority that it has failed to for such person based on his or her health standing benefit claims which are not ful- meet the reserve requirements and correc- status. filled in accord with the solvency standards tive action has not restored compliance, and

VerDate Jan 31 2003 04:56 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.077 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3265 the applicable authority determines that SEC. 422. CLARIFICATION OF TREATMENT OF SIN- collectively-bargained arrangement may re- there is a reasonable expectation that the GLE EMPLOYER ARRANGEMENT. sult in criminal penalties: (2) the section plan will continue to fail to meet the re- This section modifies the treatment of cer- provides for cease activity orders for ar- quirements applicable to such AHPs, the ap- tain single employer arrangements under the rangements found to be neither licensed, reg- plicable authority may direct the board to section of ERISA that defines a multiple em- istered, or otherwise approved under State terminate the arrangement. ployer welfare arrangement (section 3(40). insurance law, or operating in accordance SEC. 810 TRUSTEESHIP BY THE SECRETARY OF The treatment of a single employer plan as with the terms of the certification granted INSOLVENT ASSOCIATION HEALTH being excluded from the definition of such an by the Secretary under Part 8; and (3) the PLANS PROVIDING HEALTH BENE- arrangement (and thus from state law) is section provides for the responsibility of the FITS IN ADDITION TO HEALTH IN- clarified by defining the minimum interest named fiduciary or board of trustees of an SURANCE COVERAGE. required for two or more entities to be in AHP to comply with the required claims pro- Whenever the Secretary determines an ‘‘common control’’ as a percentage which cedure under ERISA. AHP won’t be able to provide benefits, or is can not be required to be greater than 25 per- SEC. 425. COOPERATION BETWEEN FEDERAL AND otherwise in financial distress, the Secretary cent. Also, a plan would be considered a sin- STATE AUTHORITIES shall apply for appointment as trustee to ad- gle employer plan if less than 25 percent of This section amends section 506 of ERISA minister the winding down of the plan. the covered employees are employed by (relating to coordination and responsibility SEC. 811. STATE ASSESSMENT AUTHORITY. other participating employers. of agencies enforcing ERISA and related This section allows a state to assess newly SEC. 423. CLARIFICATION OF TREATMENT OF laws) to require the Secretary of Labor to certified AHPs a contribution tax to the CERTAIN COLLECTIVELY BAR- consult with state insurance departments same extent they tax health insurance plan. GAINED ARRANGEMENTS. with regard to the Secretary’s authority This is intended to enable states to maintain This section clarified the conditions under under section 502 and 504 to enforce provi- the revenue source for funding high-risk in- which multiemployer and other collectively sions applicable to certified AHPs. surance pools. bargained arrangements are exempted from SEC. 426. EFFECTIVE DATE; TRANSITIONAL SEC. 812. DEFINITIONS. the definition of a multiple employer welfare RULES. This section defines the following terms: arrangement, and thus exempt from state In general, the amendments made by Sec- group health plan, medical care, health in- law. This is intended to address the problem tion 421, 424, and 425 of the Act are effective surance coverage, health insurance issuer, of ‘‘bogus unions’’ and other illegitimate one year after enactment of the Act. Sec- applicable authority, health status-related health insurance operators. The provision tions 422 and 423 are effective upon date of factor, individual market, treatment of very amends the definition of such an arrange- enactment. In addition, the Secretary is re- small groups, participating employer, appli- ment to exclude a plan or arrangement quired to issue all regulations needed to cable state authority, qualified actuary, af- which is established or maintained under or carry out the amendments within one year filiated member, large employer, and small pursuant to a collective bargaining arrange- after enactment of the Act. employer. The terms are consistent with ment (as described in the National Labor Re- The provisions of section 805(a)(2) relating those added to ERISA by HIPAA. In addi- lations Act, the Railway Labor Act, and to health insurance coverage do not apply to tion, the terms ‘‘employer’’ and ‘‘employee’’ similar state public employee relation laws). group health plans existing on the date of include self-employed individuals and part- Current law requires the Secretary to ‘‘find’’ enactment if they do not provide health in- ners for purposes of the application of Part 8 that a collective bargaining agreement ex- surance coverage, but later qualify for cer- and the provisions of Title I as applicable to ists, but no such finding has ever been tification. association health plans. issued. It then specifies additional condi- AHPs not in existence on the date of enact- Subsection (b). Conforming Amendments. tions which must be met for such a plan to ment and desiring to offer benefits which do be a statutorily excluded collectively bar- This subsection contains (1) conforming not consist of health insurance must dem- gained arrangement, and thus not a multiple onstrate to the Secretary that their risk is changes to the definition of ‘‘plan sponsor’’ employer welfare arrangement. These in- to include the sponsor of an AHP; (2) con- at least average or above average. The Sec- clude: retary shall report to Congress the affect on forming changes to the Title I exception for (1) The plan can not utilize the services of church plans electing association health plan reducing the number of uninsured after five any licensed insurance agent or broker to so- years. status; and (3) as described below, con- licit or enroll employers or pay a commis- forming changes to section 514 preemption sion or other form of compensation to cer- By Mr. AKAKA (for himself, Mr. rules to reflect the policy changes under tain persons that is related to the volume or Part 8 with respect to association health number of employers or individuals solicited BAUCUS, Mr. CAMPBELL, Mr. plans. First, paragraph (6) of section 514(b) is or enrolled in the plan. DURBIN, Mrs. FEINSTEIN, Mr. made inapplicable with respect to any state (2) A maximum 15 percent rule applies to ROBERTS, and Mr. LEAHY): law in the case of a certified AHP. Second, a the number of covered individuals in the S. 546. A bill to provide for the pro- new subsection 514(d) (current subsection (d) plan who are not employees (or their bene- tection of paleontological resources on is redesignated as (e)) clarifies the ability of ficiaries) within a bargaining unit covered Federal lands, and for other purposes; health insurance issuers to offer health in- by any of the collective bargaining agree- surance coverage under AHPs and clarifies to the Committee on Energy and Nat- ments with a participating employer or who ural Resources. the ability of any health insurance issuer to are not present or former employees (or their offer health insurance coverage of the same beneficiaries) of sponsoring employee organi- Mr. AKAKA. Mr. President, I rise policy type as offered in connection with a zations or employers who are or were a party today to introduce The Paleontological particular AHP to eligible employers, re- to any of the collective bargaining agree- Resources Preservation Act to protect gardless of whether such employers choose ments. and preserve the Nation’s important or do not choose to become members of the (3) The employee organization or other en- fossil record for the benefit of our citi- particular association. Health insurance cov- tity sponsoring the plan or arrangement zens. I am pleased to have Senators erage policy forms filed and approved in a must certify annually to the Secretary the BAUCUS, CAMPBELL, DURBIN, FEINSTEIN, particular state in connection with an insur- plan has met the previous requirements. er’s offering under an association health plan (4) If the plan or arrangement is not fully LEAHY, and ROBERTS join me as origi- are deemed to be approved in any other state insured, it must be a multiemployer plan nal cosponsors on this significant legis- in which such coverage is offered when the meeting specific requirements of the Labor lation. insurer provides a complete filing in the Management Relations Act (i.e., the require- This bill was reported favorably by same form and manner to the authority in ment for joint labor-management trustee- the Energy and Natural Resources the other state. Also, this section removes ship under section 302(c)(5)(B)). Committee, and approved by unani- the current restriction on state regulation of (5) If the plan or arrangement is not in ef- mous consent during the 107th Con- self-insured multiple employer welfare ar- fect as of the date of enactment, the em- gress. I plan to work closely with my rangements providing medical care (which ployee organization or other entity spon- do not elect to meet the certification re- soring the plan or arrangement must have colleagues to enact this bill during the quirements for AHPs) under section existed for at least three years or have been 108th Congress. 514(b)(6)(a)(ii) by eliminating the require- affiliated with another employee organiza- In 1999, Congress requested that the ment that such state laws otherwise ‘‘be con- tion in existence for at least three years, or Secretary of the Interior review and re- sistent with the provisions of ERISA Title demonstrate to the Secretary that certain of port on the Federal policy concerning I.’’ Section 514 is also amended to include a the above requirements have been met. paleontological resources on Federal cross-reference to section 805(b) (relating to SEC. 424. ENFORCEMENT PROVISIONS RELATING lands. In its request, Congress noted the ability of AHPs and health insurance TO ASSOCIATION HEALTH PLANS. that no unified Federal policy existed issuers to design association health insur- This section amends ERISA to establish ance options) and to section 805(a)(2)(B) (re- enforcement provisions relating to associa- regarding the treatment of fossils by lating to the ability of AHPs and health in- tion health plans and multiple employer wel- Federal land management agencies, surance issuers to base contribution rates on fare arrangements: (1) willful misrepresenta- and emphasized Congress’s concerns the experience of such plans). tion that an entity is an exempted AHP or that lack of appropriate standards

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.079 S06PT1 S3266 CONGRESSIONAL RECORD — SENATE March 6, 2003 would lead to the deterioration or loss The protections offered in this Act retary of the Interior, except Indian lands, or of fossils, which are valuable scientific are not new. Federal land management National Forest System Lands administered resources. agencies have individual regulations by the Secretary of Agriculture. In response, seven Federal agencies prohibiting theft of government prop- (4) INDIAN LANDS.—The term ‘‘Indian and the Smithsonian Institution re- Lands’’ means lands of Indian tribes, or In- erty. However, the reality is that U.S. dian individuals, which are either held in leased a report in May 2000 entitled Attorneys are reluctant to prosecute trust by the United States or subject to a re- ‘‘Assessment of Fossil Management on cases involving fossil theft because striction against alienation imposed by the Federal and Indian Lands.’’ This as- they are difficult. Congress has not United States. sessment outlined governing principles provided a clear statute stating the (5) STATE.—The term ‘‘State’’ means the for the management of fossils on Fed- value of paleontological resources to fifty States, the District of Columbia, the eral lands. The report recommended our Nation, as has been provided for ar- Commonwealth of Puerto Rico, and any that penalties for fossil theft be cheological resources. Fossils are too other territory or possession of the United strengthened and that Federal fossil States. valuable to be left within the general (6) PALEONTOLOGICAL RESOURCE.—The term collections be preserved and available theft provisions that are difficult to ‘‘paleontological resource’’ means any fos- for research and public education. The prosecute, and they are too valuable to silized remains, traces, or imprints of orga- interagency group also stated that fos- the education of our children not to en- nisms, preserved in or on the earth’s crust, sils on Federal lands are rare and a sure public access. We need to work to- that are of paleontological interest and that part of America’s heritage and that ef- gether to make sure that we fulfill our provide information about the history of life fective stewardship requires accurate responsibility as stewards of public on earth, except that the term does not in- information and inventories. lands, and as protectors of our Nation’s clude— The Paleontological Resources Pres- (A) any materials associated with an ar- natural resources. chaeological resource (as defined in section ervation Act embodies these principles, I ask unanimous consent that the 3(1) of the Archaeological Resources Protec- and provides the paleontological equiv- text of the bill be printed in the tion Act of 1979 (16 U.S.C. 470bb(1)); or alent of protections found in the Ar- RECORD. (B) any cultural item (as defined in section cheological Resources Preservation There being no objection, the bill was 2 of the Native American Graves Protection Act. The bill finds that fossil resources ordered to be printed in the RECORD, as and Rehabilitation Act (25 U.S.C. 3001)). on Federal lands are an irreplaceable follows: SEC. 5. MANAGEMENT. part of the heritage of the United S. 546 (a) IN GENERAL.—The Secretary shall man- States. It affirms that reasonable ac- age and protect paleontological resources on Be it enacted by the Senate and House of Rep- Federal lands using scientific principles and cess to fossil resources should be pro- resentatives of the United States of America in expertise. The Secretary shall develop appro- vided for scientific, educational, and Congress assembled, priate plans for inventory, monitoring, and recreational purposes. The bill ac- SECTION 1. SHORT TITLE. the scientific and educational use of paleon- knowledges the value of amateur col- This Act may be cited as the ‘‘Paleontolog- tological resources, in accordance with ap- lecting, but protects vertebrate fossils ical Resources Preservation Act’’. plicable agency laws, regulations, and poli- found on Federal lands under a system SEC. 2. FINDINGS. cies. These plans shall emphasize inter- of permits. The Congress finds the following: agency coordination and collaborative ef- (1) Paleontological resources are non- forts where possible with non-Federal part- I would like to emphasize that this ners, the scientific community, and the gen- bill in no way affects archaeological or renewable. Such resources on Federal lands are an accessible and irreplaceable part of eral public. cultural resources under the Archae- the heritage of the United States and offer (b) COORDINATION OF IMPLEMENTATION.—To ological Resources Protection Act of significant educational opportunities to all the extent possible, the Secretary of the In- 1979 or the Native American Graves citizens. terior and the Secretary of Agriculture shall Protection and Rehabilitation Act. (2) Existing Federal laws, statutes, and coordinate in the implementation of this They are exempted. This bill covers pa- other provisions that manage paleontolog- Act. leontological remains—fossils on Fed- ical resources are not articulated in a unified SEC. 6. PUBLIC AWARENESS AND EDUCATION national policy for Federal land manage- PROGRAM. eral lands only. The Secretary shall establish a program to ment agencies and the public. Such a policy As we look toward the future, public increase public awareness about the signifi- is needed to improve scientific under- access to fossil resources will take on a cance of paleontological resources. standing, to promote responsible steward- new meaning as digital images of fos- ship, and to facilitate the enhancement of re- SEC. 7. COLLECTION OF PALEONTOLOGICAL RE- SOURCES. sils become available worldwide. The sponsible paleontological collecting activi- (a) PERMIT REQUIREMENT.— National Museum of Natural History, ties on Federal lands. (1) IN GENERAL.—Except as provided in this (3) Consistent with the statutory provi- one of the premier Smithsonian muse- Act, a paleontological resource may not be sions applicable to each Federal land man- ums, already has an online catalogue of collected from Federal lands without a per- agement system, reasonable access to pale- 9 million specimens, some of which in- mit issued under this Act by the Secretary. ontological resources on Federal lands clude digital images. Museums will be (2) CASUAL COLLECTING EXCEPTION.—The should be provided for scientific, edu- able to provide global access for re- Secretary may allow casual collecting with- cational, and recreational purposes. searchers, collectors, and educators to out a permit on Federal lands administered SEC. 3. PURPOSE. by the Bureau of Land Management, the Bu- study fossil collections through online The purpose of this Act is to establish a catalogs and images. Many scientists reau of Reclamation, and the U.S. Forest comprehensive national policy for preserving Service, where such collection is not incon- in developing countries currently lack and managing paleontological resources on sistent with the laws governing the manage- vital information about fossils because Federal lands. ment of those Federal lands and this Act. they cannot afford travel costs to mu- SEC. 4. DEFINITIONS. (3) PREVIOUS PERMIT EXCEPTION.—Nothing seums. This digital advance will truly As used in this Act: in this section shall affect a valid permit make fossils a global resource for the (1) CASUAL COLLECTING.—The term ‘‘casual issued prior to the date of enactment of this public. collecting’’ means the collecting of a reason- Act. Discoveries in paleontology are made able amount of common invertebrate and (b) CRITERIA FOR ISSUANCE OF A PERMIT.— more frequently than we realize. They plant paleontological resources for personal The Secretary may issue a permit for the (scientific, educational, or recreational) use, collection of a paleontological resource pur- shape how we learn about the world either by surface collection or using non- suant to an application if the Secretary de- around us. In January of this year, Na- powered hand tools resulting in only neg- termines that— ture reported that Chinese scientists at ligible disturbance to the Earth’s surface and (1) the applicant is qualified to carry out Beijing’s Institute of Vertebrate Pale- other resources. the permitted activity; ontology and Paleoanthropology dis- (2) SECRETARY.—The term ‘‘Secretary’’ (2) the permitted activity is undertaken for covered several four-winged dinosaur means the Secretary of the Interior with re- the purpose of furthering paleontological fossils. This discovery is providing us spect to lands administered by the Secretary knowledge or for public education; with critical insight into the phe- of the Interior or the Secretary of Agri- (3) the permitted activity is consistent culture with respect to National Forest Sys- with any management plan applicable to the nomenon of flight. The Paleontological tem Lands administered by the Secretary of Federal lands concerned; and Resources Preservation Act would cre- Agriculture. (4) the proposed methods of collecting will ate a legacy of scientific knowledge for (3) FEDERAL LANDS.—The term ‘‘Federal not threaten significant natural or cultural future generations. lands’’ means lands administered by the Sec- resources.

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(c) PERMIT SPECIFICATIONS.—A permit for ceeds the sum of $1,000, such person shall, of this Act an amount equal to the lesser of the collection of a paleontological resource upon conviction, be guilty of a class E fel- one-half of the penalty or $500, to any person issued under this section shall contain such ony. who furnishes information which leads to the terms and conditions as the Secretary deems (3) MULTIPLE OFFENSES.—In the case of a finding of a civil violation, or the conviction necessary to carry out the purposes of this second or subsequent such violation, such of criminal violation, with respect to which Act. Every permit shall include require- person shall, upon conviction, be guilty of a the penalty was paid. If several persons pro- ments that— class D felony. vided the information, the amount shall be (1) the paleontological resource that is col- (d) GENERAL EXCEPTION.—Nothing in sub- divided among the persons. No officer or em- lected from Federal lands under the permit section (a) shall apply to any person with re- ployee of the United States or of any State will remain the property of the United spect to any palentological resource which or local government who furnishes informa- States; was in the lawful possession of such person tion or renders service in the performance of (2) the paleontological resource and copies prior to the date of the enactment of this his official duties shall be eligible for pay- of associated records will be preserved for Act. ment under this subsection. the public in an approved repository, to be (b) FORFEITURE.—All paleontological re- SEC. 10. CIVIL PENALTIES FOR VIOLATIONS OF sources with respect to which a violation made available for scientific research and REGULATIONS OR PERMIT CONDI- under section 9 or 10 occurred and which are public education; and TIONS. in the possession of any person, and all vehi- (3) specific locality data will not be re- (a) IN GENERAL.— cles and equipment of any person that were leased by the permittee or repository with- (1) HEARING.—A person who violates any used in connection with the violation, may out the written permission of the Secretary. prohibition contained in an applicable regu- be subject to forfeiture to the United States (d) MODIFICATION, SUSPENSION, AND REV- lation or permit issued under this Act may upon— OCATION OF PERMITS.— be assessed a penalty by the Secretary after (1) the person’s conviction of the violation (1) The Secretary may modify, suspend, or the person is given notice and opportunity under section 9; revoke a permit issued under this section— for a hearing with respect to the violation. (2) assessment of a civil penalty against (A) for resource, safety, or other manage- Each violation shall be considered a separate any person under section 10 with respect to ment considerations; or offense for purposes of this section. the violation; or (B) when there is a violation of term or (2) AMOUNT OF PENALTY.—The amount of (3) a determination by any court that the condition of a permit issued pursuant to this such penalty assessed under paragraph (1) paleontological resources, vehicles, or equip- section. shall be determined under regulations pro- ment were involved in the violation. (2) The permit shall be revoked if any per- mulgated pursuant to this Act, taking into SEC. 12. CONFIDENTIALITY. son working under the authority of the per- account the following factors: Information concerning the nature and mit is convicted under section 9 or is as- (A) The scientific or fair market value, specific location of a paleontological re- sessed a civil penalty under section 10. whichever is greater, of the paleontological source the collection of which requires a per- (e) AREA CLOSURES.—In order to protect resource involved. mit under this Act or under any other provi- paleontological or other resources and to (B) The cost of response, restoration, and sion of Federal law shall be withheld from provide for public safety, the Secretary may repair of the resource and the paleontolgical the public under subchapter II of chapter 5 of restrict access to or close areas under the site involved. title 5, United States Code, or under any Secretary’s jurisdiction to the collection of (C) Any other factors considered relevant other provision of law unless the responsible paleontological resources. by the Secretary assessing the penalty. Secretary determines that disclosure SEC. 8. CURATION OF RESOURCES. (3) MULTIPLE OFFENSES.—In the case of a would— Any paleontological resource, and any data second or subsequent violation by the same (1) further the purposes of this Act; and records associated with the resource, person, the amount of a penalty assessed (2) not create risk of harm to or theft or collected under a permit, shall be deposited under paragraph (2) may be doubled. destruction of the resource or the site con- in an approved repository. The Secretary (4) LIMITATION.—The amount of any pen- taining the resource; and may enter into agreements with non-Federal alty assessed under this subsection for any (3) be in accordance with other applicable repositories regarding the curation of these one violation shall not exceed an amount laws. resources, data, and records. equal to double the cost of response, restora- SEC. 13. REGULATIONS. SEC. 9. PROHIBITED ACTS; PENALTIES. tion, and repair of resources and paleon- As soon as practical after the date of the (a) IN GENERAL.—A person may not— tological site damage plus double the sci- enactment of this Act, the Secretary shall (1) excavate, remove, damage, or otherwise entific or fair market value of resources de- issue such regulations as are appropriate to alter or deface or attempt to excavate, re- stroyed or not recovered. carry out this Act, providing opportunities move, damage, or otherwise alter or deface (b) PETITION FOR JUDICIAL REVIEW; COLLEC- for public notice and comment. any paleontological resources located on TION OF UNPAID ASSESSMENTS.—Any person SEC. 14. SAVINGS PROVISIONS. Federal lands unless such activity is con- against whom an order is issued assessing a Nothing in this Act shall be construed to— ducted in accordance with this Act; penalty under subsection (a) may file a peti- (1) invalidate, modify, or impose any addi- (2) exchange, transport, export, receive, or tion for judicial review of the order with an tional restrictions or permitting require- offer to exchange, transport, export, or re- appropriate Federal district court within the ments on any activities permitted at any ceive any paleontological resource if, in the 30-day period beginning on the date the order time under the general mining laws, the exercise of due care, the person knew or making the assessment was issued. The mineral or geothermal leasing laws, laws should have known such resource to have court shall hear the action on the record providing for minerals materials disposal, or been excavated, removed, exchanged, trans- made before the Secretary and shall sustain laws providing for the management or regu- ported, or received from Federal lands in vio- the action if it is supported by substantial lation of the activities authorized by the lation of any provisions, rule, regulation, evidence on the record considered as a whole. aforementioned laws including but not lim- law, ordinance, or permit in effect under (c) HEARINGS.—Hearings held during pro- ited to the Federal Land Policy Management Federal law, including this Act; or ceedings instituted under subsection (a) shall Act (43 U.S.C. 1701–1784), the Mining in the (3) sell or purchase or offer to sell or pur- be conducted in accordance with section 554 Parks Act, the Surface Mining Control and chase any paleontological resource if, in the of title 5, United States Code. Reclamation Act of 1977 (30 U.S.C. 1201–1358), exercise of due care, the person knew or (d) USE OF RECOVERED AMOUNTS.—Pen- and the Organic Administration Act (16 should have known such resource to have alties collected under this section shall be U.S.C. 478, 482, 551); been excavated, removed, sold, purchased, available to the Secretary and without fur- (2) invalidate, modify, or impose any addi- exchanged, transported, or received from ther appropriation may be used only as fol- tional restrictions or permitting require- Federal lands. lows: ments on any activities permitted at any (b) FALSE LABELING OFFENSES.—A person (1) To protect, restore, or repair the pale- time existing laws and authorities relating may not make or submit any false record, ontological resources and sites which were to reclamation and multiple uses of the pub- account, or label for, or any false identifica- the subject of the action, or to acquire sites lic lands; tion of, any paleontological resource exca- with equivalent resources, and to protect, (3) apply to, or require a permit for, ama- vated or removed from Federal lands. monitor, and study the resources and sites. teur collecting of a rock, mineral, or inverte- (c) PENALITIES.— Any acquisition shall be subject to any limi- brate or plant fossil that is not protected (1) IN GENERAL.—Except as provided in tations contained in the organic legislation under this Act; paragraphs (2) and (3), a person who know- for such Federal lands. (4) affect any lands other than Federal ingly violates or counsels, procures, solicits, (2) To provide educational materials to the lands or affect the lawful recovery, collec- or employs another person to violate sub- public about palenotological resources and tion, or sale of paleontological resources section (a) or (b) shall, upon conviction, be sites. from lands other than Federal lands; guilty of a class A misdemeanor. (3) To provide for the payment of Rewards (5) alter or diminish the authority of a (2) DAMAGE OVER $1,000.—If the sum of the as provided in section 11. Federal agency under any other law to pro- scientific or fair market value of the paleon- SEC. 11. REWARDS FORFEITURE. vide protection for paleontolgical resources tological resources involved and the cost of (a) REWARDS.—The Secretary may pay on Federal lands in addition to the protec- restoration and repair of such resources ex- from penalties collected under section 9 or 10 tion provided under this Act; or

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.082 S06PT1 S3268 CONGRESSIONAL RECORD — SENATE March 6, 2003 (6) create any right, privilege, benefit, or This legislation also directs the (c) PROJECTS.— entitlement for any person who is not an of- Transportation Research Board of the (1) IN GENERAL.—In carrying out the pro- ficer or employee of the United States acting National Academy of Sciences to con- gram, the Secretary shall establish not more in that capacity. No person who is not an of- duct a research project on converting than 10 pilot projects that are— ficer or employee of the United States acting (A) dispersed geographically throughout in that capacity shall have standing to file car trips to bike trips. The study will the United States; and any civil action in a court of the United consider: 1. what car trips Americans (B) designed to conserve energy resources States to enforce any provision or amend- can reasonably be expected to make by by encouraging the use of bicycles in place of ment made by this Act. bike, given such factors as weather, motor vehicles. SEC. 15. AUTHORIZATION OF APPROPRIATIONS. land use, and traffic patterns, carrying (2) REQUIREMENTS.—A pilot project de- There is authorized to be appropriated capacity of bicycles, and bicycle infra- scribed in paragraph (1) shall— such sums as may be necessary to carry out structure; 2. what energy savings would (A) use education and marketing to con- this Act. result, or how much energy could be vert motor vehicle trips to bicycle trips; conserved, if these trips were converted (B) document project results and energy By Mr. DURBIN (for himself and savings (in estimated units of energy con- from car to bike; 3. the cost-benefit served); Ms. COLLINS): analysis of bicycle infrastructure in- (C) facilitate partnerships among inter- S. 547. A bill to encourage energy vestments; and 4. what factors could ested parties in at least 2 of the fields of— conservation through bicycling; to the encourage more car trips to be replaced (i) transportation; Committee on Commerce, Science, and with bike trips. The study also will (ii) law enforcement; Transportation. identify lessons we can learn from the (iii) education; Mr. DURBIN. Mr. President, I rise documented results of the pilot pro- (iv) public health; today to introduce the Conserve by grams. (v) environment; and Bike Act to promote energy conserva- The Conserve by Bike Program is a (vi) energy; tion and improve public health. I am small investment that has the poten- (D) maximize bicycle facility investments; (E) demonstrate methods that may be used pleased to be joined by my colleagues tial to produce significant returns: in other regions of the United States; and from Maine, Senator Susan Collins, in greater independence from foreign oil (F) facilitate the continuation of ongoing introducing this measure. This legisla- and a healthier environment and popu- programs that are sustained by local re- tion addresses one part of our Nation’s lation. The Conserve by Bike Act au- sources. energy challenges. Although there is thorizes a total of $6.2 million to carry (3) COST SHARING.—At least 20 percent of no single solution, every possible ap- out the pilot programs and research. A the cost of each pilot project described in proach must be considered in order to total of $5,150,000 will be used to imple- paragraph (1) shall be provided from State or solve our energy problems. ment the pilot projects; $300,000 will be local sources. Our Nation would realize several ben- used by the Department of Transpor- (d) ENERGY AND BICYCLING RESEARCH efits from the increased use of bicycle tation to coordinate, publicize, and dis- STUDY.— (1) IN GENERAL.—Not later than 2 years transportation, including lessened de- seminate the results of the program; after the date of enactment of this Act, the pendence on foreign oil and prevention and $750,000 will be utilized for the re- Secretary shall enter into a contract with of harmful air emissions. Currently, search study. the National Academy of Sciences for, and less than one trip in one hundred, .88 The provisions in this bill enjoy the National Academy of Sciences shall con- percent, is by bicycle. If we can raise strong, bipartisan support and passed duct and submit to Congress a report on, a our level of cycling to one and a half as an amendment to last year’s Senate study on the feasibility of converting motor trips per hundred, which is less than energy bill. The measure is endorsed by vehicle trips to bicycle trips. one bike trip every two weeks for the the League of American Bicyclists, (2) COMPONENTS.—The study shall— (A) document the results or progress of the average person, we will save more than which has over 300,000 affiliates, as well as the Association of Pedestrian and pilot projects under subsection (b); 462 million gallons of gasoline in a (B) determine the type and duration of year, worth more than $721 million. Bicycle Professionals, Rails to Trails motor vehicle trips that people in the United That is the equivalent of one day a Conservancy, Thunderhead Alliance, States may feasibly make by bicycle, taking year we will not need to import any Bikes Belong Coalition, Adventure Cy- into consideration factors such as— foreign oil. cling, International Mountain Bicy- (i) weather; In addition to fostering greater inde- cling Association, Chicagoland Bicycle (ii) land use and traffic patterns; pendence from foreign oil supplies, this Federation, and the League of Illinois (iii) the carrying capacity of bicycles; and Bicyclists. (iv) bicycle infrastructure; bill will help mitigate air quality chal- (C) determine any energy savings that lenges, which can be harmful to public By enacting the Conserve by Bike Act, we can reduce our energy depend- would result from the conversion of motor health and the environment. Unlike vehicle trips to bicycle trips; ence, reduce harmful air emissions, and automotive transportation, bicycling is (D) include a cost-benefit analysis of bicy- emissions-free. improve public health. I urge my col- cle infrastructure investments; and The Conserve by Bike Act encourages leagues to cosponsor the Conserve by (E) include a description of any factors bicycling through two key components: Bike Act and join me in making a re- that would encourage more motor vehicle a pilot program and a research project. sponsible investment in cleaner, trips to be replaced with bicycle trips. The Conserve by Bike Pilot Program healthier and more energy efficient fu- (f) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to established by this legislation would be ture. I ask unanimous consent that the carry out this section $6,200,000, to remain implemented by the U.S. Department text of the bill be printed in the available until expended, of which— of Transportation. The Department RECORD. (1) $5,150,000 shall be used to carry out pilot would fund up to ten pilots throughout There being no objection, the bill was projects described in subsection (c); the country that would utilize edu- (2) $300,000 shall be used by the Secretary ordered to be printed in the RECORD, as to coordinate, publicize, and disseminate the cation and marketing tools to encour- follows: age people to convert some of their car results of the program; and S. 547 trips to bike trips. Each of these pilot (3) $750,000 shall be used to carry out sub- Be it enacted by the Senate and House of Rep- section (e). projects must: 1. document project re- resentatives of the United States of America in sults and energy conserved; 2. facilitate Congress assembled, Ms. COLLINS. Mr. President, I am partnerships among stakeholders in SECTION 1. CONSERVE BY BICYCLING PROGRAM. pleased to join my colleague from Illi- two or more of the following fields: (a) DEFINITIONS.—In this section: nois in reintroducing this legislation to transportation, law enforcement, edu- (1) PROGRAM.—The term ‘‘program’’ means recognize and promote bicycling’s im- cation, public health, and the environ- the Conserve by Bicycling Program estab- portant impact on energy savings and ment; 3. maximize current bicycle fa- lished by subsection (b). public health. cility investments; 4. demonstrate (2) SECRETARY.—The term ‘‘Secretary’’ With America becoming more and means the Secretary of Transportation. methods that can be replicated in other (b) ESTABLISHMENT.—There is established more dependent on foreign oil, it is locations; and 5. produce ongoing pro- within the Department of Transportation a vital that we look to the contribution grams that are sustained by local re- program to be known as the ‘‘Conserve by that bike travel can make toward solv- sources. Bicycling Program’’. ing our Nation’s energy challenges.

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.082 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3269 This legislation would establish a Con- ter outpatient substance abuse and SECTION 1. PERMANENT AUTHORITY FOR COUN- serve by Bike pilot program that would PTSD treatment programs, outpatient SELING AND TREATMENT OF VET- ERANS FOR SEXUAL TRAUMA. oversee pilot projects throughout the dual-diagnosis programs, more PTSD Section 1720D of title 38, United States country designed to conserve energy community clinical teams, and more Code, is amended— resources by providing education and residential substance abuse disorder re- (1) in subsection (a)— marketing tools to convert car trips to habilitation programs. (A) in paragraph (1), by striking ‘‘During bike trips. Right now, fewer than one The funds for these mental health the period through December 31, 2004, the trip in one hundred is by bicycle. If we programs, mandated by the Millennium Secretary’’ and inserting ‘‘The Secretary’’; could increase this statistic to one and and Benefits and Health Care Act of 1999, (B) in paragraph (2), by striking ‘‘, during a half trips per hundred, we would save will soon revert to a general fund. The the period through December 31, 2004,’’; and over 462 million gallons of gasoline in a bill I am introducing today ensures (2) in subsection (b)— year, worth over $721 million. that this funding will remain ‘‘pro- (A) in paragraph (1), by striking ‘‘estab- While more bike trips would benefit tected’’ for three more years and in- lishment and’’; and our energy conservation efforts, that creases the total amount of funding (B) in paragraph (2), by striking ‘‘estab- would also help improve the public’s identified specifically for treatment of lishing a program’’ and inserting ‘‘operating health. According to the U.S. Surgeon substance use disorders and PTSD from a program’’. General, fewer than one-third of Amer- SEC. 2. AUTHORITY TO OPERATE ADDITIONAL $15 million to $25 million. DEPARTMENT OF VETERANS AF- icans meet Federal recommendations Another provision of the legislation I FAIRS CENTERS FOR MENTAL ILL- to engage in at least 30 minutes of am introducing today concerns VA’s NESS RESEARCH, EDUCATION, AND moderate physical activity at least 5 Mental Illness Research, Education, CLINICAL ACTIVITIES. days a week. Even more disturbing is Section 7320(b)(3) of title 38, United States and Clinical Centers, called ‘‘MIRECCs. Code, is amended by striking ‘‘five centers’’ the fact that approximately 300,000 In 1996, Congress authorized VA to es- and inserting ‘‘15 centers’’. U.S. death a year are associated with tablish five of these centers dedicated SEC. 3. IMPROVEMENT OF PROGRAM FOR PROVI- being obese or overweight. By pro- to mental illness research, education, SION OF SPECIALIZED MENTAL moting biking, we are working to and clinical activities. This provision HEALTH SERVICES TO VETERANS. ensue that Americans will increase will allow VA to establish up to ten (a) INCREASE IN FUNDING.—Subsection (c) of their physical activity. section 116 of the Veterans Millennium more MIRECCs to study and treat men- Health Care and Benefits Act (Public Law The Conserve by Bike Act has re- tal illnesses. MIRECCs have encour- 106–117; 113 Stat. 1559; 38 U.S.C. 1712A note) is ceived widespread support on the na- aged research, given VA caregivers amended— tional, state, and local level, and I urge more and better tools to treat patients (1) in paragraph (1), by striking my colleagues to support this legisla- with mental disorders, and increased ‘‘$15,000,000’’ and inserting ‘‘$25,000,000 in tion. our fundamental understanding of each of fiscal years 2004, 2005, and 2006’’; mental illnesses. Much more can be (2) in paragraph (2), by striking ‘‘$15,000,000’’ and inserting ‘‘$25,000,000’’; and By Mr. ROCKEFELLER: done in this area if the program is ex- S. 548. A bill to improve mental (3) in paragraph (3)— panded. health programs for veterans, and for (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and Another critical area of VA care in- other purposes; to the Committee on (B) by adding at the end the following new volves counseling and treatment for subparagraph: Veterans’ Affairs. ‘‘(B) For purposes of this paragraph, in fis- Mr. ROCKEFELLER. Mr. President, veterans who were victims of sexual harassment or sexual assault during cal years 2004, 2005, and 2006, the fiscal year as a senior member of the Senate Com- utilized to determine the baseline amount mittee on Veterans’ Affairs, I am proud active military service. In 1992, Con- shall be fiscal year 2003.’’. to reintroduce legislation today in- gress authorized VA to provide coun- (b) ALLOCATION OF FUNDS.—Subsection (d) tended to strengthen mental health seling to women who experienced sex- of that section is amended— (1) by striking ‘‘The Secretary’’ and insert- programs within the Department of ual trauma during active military serv- ice. Two years later, recognizing that ing ‘‘(1) In each of fiscal years 2004, 2005, and Veterans Affairs a key element of car- 2006, the Secretary’’; and ing for those who have served on the sexual trauma is not limited to women, Congress expanded VA’s mandate to (2) by adding at the end the following new battlefield. paragraphs: Historically, as many as one-third of offer counseling and treatment regard- ‘‘(2) In allocating funds to facilities in a all veterans seeking care at VA have less of gender. The Veterans Millen- fiscal year under paragraph (1), the Sec- received mental health treatment, and nium Health Care and Benefits Act of retary shall ensure that— ‘‘(A) not less than $10,000,000 is allocated by research suggests that serious mental 1999 broadened VA’s responsibilities to- ward victims of sexual trauma even direct grants to programs that are identified illnesses affect at least one-fifth of the by the Mental Health Strategic Health Care veterans who use the VA health care further, strengthening outreach efforts and extending the programs through Group and the Committee on Care of Se- system. About 450,000 of the approxi- verely Chronically Mentally Ill Veterans; mately 2.3 million veterans who re- December 2004. The legislation I am re- ‘‘(B) not less than $5,000,000 is allocated for ceive compensation from VA have serv- introducing today would provide per- programs on post-traumatic stress disorder; ice-connected psychiatric and neuro- manent authority to VA for counseling and logical disorders. and treatment of veterans who have ex- ‘‘(C) not less than $5,000,000 is allocated for perienced military sexual trauma, so programs on substance abuse disorder. I remain concerned about the viabil- ‘‘(3) The Secretary shall provide that the ity of some of the programs developed that veterans and health care profes- sionals can depend upon these critical funds to be allocated under this section dur- to care for veterans with mental health ing each of fiscal years 2004, 2005, and 2006 are needs. I have heard testimony about a services. funds for a special purpose program for number of these programs endangered I hope my colleagues will join me in which funds are not allocated through the by budget constraints and a shift in supporting the expansion of these enor- Veterans Equitable Resource Allocation sys- focus from inpatient care to outpatient mously important mental health pro- tem.’’. grams with the Department of Vet- clinics. Specialized programs particu- By Mr. CAMPBELL (for himself, erans Affairs. We owe our service men larly for substance use disorders and Mr. INOUYE, and Mr. THOMAS): and women no less. PTSD shut down, reduced in size, or S. 550. A bill to amend the Indian understaffed—offering little or no care I ask unanimous consent that the Land Consolidation Act to improve to veterans suffering from these seri- text of this bill be printed in the provisions relating to probate of trust ously debilitating disorders. RECORD. and restricted land, and for other pur- Congress previously enacted a provi- There being no objection, the bill was poses; to the Committee on Indian Af- sion to designate $15 million in VA ordered to be printed in the RECORD, as fairs. funding specifically to assist medical follows: Mr. CAMPBELL. Mr. President, I am facilities in their efforts to improve S. 548 pleased to be joined by Senators care for veterans with substance use Be it enacted by the Senate and House of Rep- INOUYE and THOMAS in introducing key disorders and PTSD. This additional resentatives of the United States of America in legislation to help stop Indian land funding has enabled VA to develop bet- Congress assembled, fractionation.

VerDate Jan 31 2003 04:56 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.085 S06PT1 S3270 CONGRESSIONAL RECORD — SENATE March 6, 2003 One of the most enduring and dam- respect to the descent of allotments has re- any lineal descendant of an Indian grand- aging legacies of late-19th century Fed- sulted in numerous problems affecting In- parent of the testator, as a passive trust in- eral Indian policy is the continuing dian tribes, members of Indian tribes, and terest (referred to in this section as an ‘eligi- fractionation of Indian trust lands. the Federal Government, including— ble passive trust devisee’); or (A) the increasingly fractionated owner- ‘‘(iii) in fee in accordance with subpara- The results of this ever-growing prob- ship of trust and restricted land as that land graph (C). lem make it nearly impossible for af- is inherited by successive generations of ‘‘(B) PRESUMED DEVISE OF PASSIVE TRUST fected Indian tribes to devise economic owners as tenants in common; INTEREST.—Any devise to an eligible passive development strategies. (B) the application of different rules of in- trust devisee, or any devise of a remainder By attempting to ‘‘break up the trib- testate succession to each interest of a dece- interest from the devise of a life estate under al landmass’’ and turning Indians into dent in or to trust or restricted land if that subparagraph (A)(ii), that does not indicate yeoman farmers, the Dawes Act of 1887 land is located within the boundaries of more whether the interest is devised as a passive resulted in millions of acres of land than 1 State, which application— trust interest or a fee interest shall be con- transferred out of Indian ownership. (i) makes probate planning unnecessarily sidered to devise a passive trust interest. By virtue of Indian heirship and pro- difficult; and ‘‘(C) DEVISE OF A FEE INTEREST.—Subject to (ii) impedes efforts to provide probate subparagraph (D), any interest in trust or re- bate rules and the steady march of planning assistance or advice; stricted land that is not devised in accord- time, millions more acres have passed (C) the absence of a uniform general pro- ance with paragraph (1), or devised to an eli- from their original Indian allottees to bate code for trust and restricted land, which gible passive trust devisee in accordance thousands of descendants with undi- makes it difficult for Indian tribes to work with subparagraph (A), may be devised to a vided interests in parcels of land. cooperatively to develop tribal probate non-Indian in fee. In strict economic terms, these inter- codes; and ‘‘(D) LIMITATION.—Any interest in trust or ests are practically worthless. (D) the failure of Federal law to address or restricted land that is subject to section 4 of Congressional efforts to counter this provide for many of the essential elements of the Act of June 18, 1934 (25 U.S.C. 464), may problem have focused on the Indian general probate law, either directly or by be devised only in accordance with— reference, which— ‘‘(i) that section; Land Consolidation Act and amend- (i) is unfair to the owners of trust and re- ‘‘(ii) subparagraph (A); or ments made to the Act. stricted land (and heirs and devisees of own- ‘‘(iii) paragraph (1). Key escheat sections designed to re- ers); and ‘‘(3) DEVISE OF A PASSIVE TRUST INTEREST.— turn individual-owned fractionated (ii) makes probate planning more difficult; ‘‘(A) IN GENERAL.—The holder of an inter- lands to tribal ownership have been and est in trust or restricted land that is held as held unconstitutional by the U.S. Su- (4) a uniform Federal probate code would a passive trust interest may devise the inter- preme Court in 1987, Hodel v. Irving, likely— est as a passive trust interest only to— and in 1997, Babbitt v. Youpee. (A) reduce the number of fractionated in- ‘‘(i)(I) any Indian; or Congress and the Administration terests in trust or restricted land; ‘‘(II) the Indian tribe that exercises juris- (B) facilitate efforts to provide probate diction over the interest; have also sought to return these inter- planning assistance and advice; ‘‘(ii) the lineal descendants, or heirs of the ests to tribal ownership through vol- (C) facilitate intertribal efforts to produce first or second degree, of the holder; untary purchase. tribal probate codes in accordance with sec- ‘‘(iii) any living descendant of the decedent The ‘‘Indian Land Consolidation Pro- tion 206 of the Indian Land Consolidation from whom the holder acquired the interest gram’’ was enacted as part of the Fis- Act (25 U.S.C. 2205); and by devise or descent; or cal Year 1999 Omnibus Appropriation (D) provide essential elements of general ‘‘(iv) any person that owns a preexisting and has proven a success. probate law that are not applicable on the interest or a passive trust interest in the In 1999 I introduced amendments to date of enactment of this Act to interests in same parcel of land, if the preexisting inter- the ILCA to limit disposition of Indian trust or restricted land. est is held in trust or restricted status or in SEC. 3. INDIAN PROBATE REFORM. passive trust status. lands to Indian heirs, life estates to ‘‘(B) INELIGIBLE DEVISEES AND INTESTATE non-Indian heirs, or the tribe with ju- (a) TESTAMENTARY DISPOSITION.—Section 207 of the Indian Land Consolidation Act (25 SUCCESSION.—A passive trust interest that is risdiction over the lands. U.S.C. 2206) is amended by striking sub- devised to a person that is not eligible under The bill I am re-introducing today section (a) and inserting the following: subparagraph (A) or that is not disposed of was considered by the Committee on ‘‘(a) TESTAMENTARY DISPOSITION.— by a valid will shall pass in accordance with Indian Affairs and passed by the Senate ‘‘(1) GENERAL DEVISE OF AN INTEREST IN the applicable law of intestate succession as last session. In light of this, it is my TRUST OR RESTRICTED LAND.— provided for in subsection (b).’’. intention to expedite consideration of ‘‘(A) IN GENERAL.—Subject to any applica- (b) NONTESTAMENTARY DISPOSITION.—Sec- the measure. ble Federal law relating to the devise or de- tion 207 of the Indian Land Consolidation I urge my colleagues to join me in scent of trust or restricted land, or a tribal Act (25 U.S.C. 2206) is amended by striking subsection (b) and inserting the following: supporting this important bill. probate code enacted in accordance with sec- tion 206, the owner of an interest in trust or ‘‘(b) NONTESTAMENTARY DISPOSITION.— I ask unanimous consent that the restricted land may devise such an interest ‘‘(1) RULES OF DESCENT.—Subject to any ap- text of the bill be printed in the to— plicable Federal law relating to the devise or RECORD. ‘‘(i) an Indian tribe with jurisdiction over descent of trust or restricted property, any There being no objection, the bill was the land; or interest in trust or restricted land that is ordered to be printed in the RECORD, as ‘‘(ii) any Indian in trust or restricted sta- not disposed of by a valid will— follows: tus (or as a passive trust interest as provided ‘‘(A) shall descend according to a tribal for in section 207A). probate code that is approved in accordance S. 550 ‘‘(B) STATUS.—The devise of an interest in with section 206; or Be it enacted by the Senate and House of Rep- trust or restricted land to an Indian under ‘‘(B) in the case of an interest in trust or resentatives of the United States of America in subparagraph (A)(ii) shall not alter the sta- restricted land to which such a code does not Congress assembled, tus of such an interest as a trust or re- apply, shall descend in accordance with— SECTION 1. SHORT TITLE. stricted interest unless the testator provides ‘‘(i) paragraphs (2) through (7); This Act may be cited as the ‘‘American that the interest is to be held as a passive ‘‘(ii) section 207A; and Indian Probate Reform Act of 2003’’. trust interest. ‘‘(iii) other applicable Federal law. SEC. 2. FINDINGS. ‘‘(2) DEVISE OF TRUST OR RESTRICTED LAND ‘‘(2) NO APPLICABLE CODE.—An intestate in- Congress finds that— IN PASSIVE TRUST OR FEE.— terest to which a code described in paragraph (1) the Act of February 8, 1887 (commonly ‘‘(A) IN GENERAL.—Except as provided (1) does not apply— known as the ‘‘Indian General Allotment under any applicable Federal law, any inter- ‘‘(A) shall include— Act’’) (25 U.S.C. 331 et seq.), which author- est in trust or restricted land that is not de- ‘‘(i) an interest acquired by a decedent ized the allotment of Indian reservations, did vised in accordance with paragraph (1) may through devise or inheritance (referred to in not permit Indian allotment owners to pro- be devised only— this subsection as a ‘devise or inheritance in- vide for the testamentary disposition of the ‘‘(i) as a life estate to any non-Indian per- terest’); or land that was allotted to them; son, with the remainder being devised only ‘‘(ii) an interest acquired by a decedent by (2) that Act provided that allotments in accordance with clause (ii), subparagraph any means other than devise or inheritance would descend according to State law of in- (C), or paragraph (1)(A); (referred to in this subsection as an ‘acquired testate succession based on the location of ‘‘(ii) to the lineal descendant or heir of the interest’), if— the allotment; first or second degree of the testator or, if ‘‘(I) the decedent— (3) the reliance of the Federal Government the testator does not have an heir of the first ‘‘(aa) acquired additional undivided inter- on the State law of intestate succession with or second degree or a lineal descendant, to est in the same parcel in which the interest

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.055 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3271 is held, by a means other than devise or in- ‘‘(iii) If the decedent has no Indian broth- ‘‘(I) the will of a testator is executed before heritance; or ers or sisters, to the Indian parent or parents the date of enactment of this subparagraph; ‘‘(bb) acquired land adjoining the parcel of of the decedent. ‘‘(II)(aa) the spouse of a testator is a non- land in which the interest is held; or ‘‘(B) RIGHT OF REPRESENTATION.—In any Indian; and ‘‘(II) the parcel of land in which the inter- case involving the determination of a right ‘‘(bb) the testator devised the interests in est is held includes the residence of the of representation— trust or restricted land of the testator to 1 or spouse of the decedent; and ‘‘(i) each interest in trust land shall be more Indians; ‘‘(B) shall descend as follows: equally divided into a number of shares that ‘‘(III) it appears, based on an examination ‘‘(i) SURVIVING INDIAN SPOUSE.— equals the sum obtained by adding— of the will or other evidence, that the will ‘‘(I) IN GENERAL.—If a decedent is survived ‘‘(I) the number of surviving heirs in the was made in contemplation of the marriage by an Indian spouse, and the estate of the de- nearest degree of kinship; and of the testator to the surviving spouse; cedent includes 1 or more acquired interests, ‘‘(II) the number of deceased individuals in ‘‘(IV) the will expresses the intention that the spouse of the decedent shall receive all of that same degree, if any, who left issue who the will is to be effective notwithstanding the acquired interests. survive the decedent; any subsequent marriage; or ‘‘(II) DEVISE OR INHERITANCE INTERESTS.—If ‘‘(ii) each surviving heir described in ‘‘(V)(aa) the testator provided for the a decedent is survived by an Indian spouse, clause (i)(I) shall receive 1 share; and spouse by a transfer of funds or property out- and the estate of the decedent includes 1 or ‘‘(iii)(I) each deceased individual described side the will; and more devise or inheritance interests— in clause (i)(II) shall receive 1 share; and ‘‘(bb) an intent that the transfer be in lieu ‘‘(aa) if the decedent is not survived by an ‘‘(II) that share shall be divided equally of a testamentary provision is demonstrated Indian heir of the first or second degree, the among the surviving issue of the deceased by statements of the testator or through a spouse of the decedent shall receive all of the person. reasonable inference based on the amount of devise or inheritance interests; and ‘‘(C) NO INDIAN HEIRS.— the transfer or other evidence. ‘‘(bb) if the decedent is survived by an In- ‘‘(i) DEFINITION OF COLLATERAL HEIR.—In ‘‘(B) CHILDREN.— dian heir of the first or second degree, the this subparagraph, the term ‘collateral heir’ ‘‘(i) IN GENERAL.—If a testator executed the devise or inheritance interest of the dece- means an aunt, uncle, niece, nephew, or first will of the testator before the birth or adop- dent shall descend in accordance with para- cousin of a decedent. tion of 1 or more children of the testator, graph (3)(A). ‘‘(ii) NO HEIRS.—If a decedent does not have and the omission of the children from the ‘‘(ii) SURVIVING NON-INDIAN SPOUSE.— an Indian heir of the first or second degree, will is a product of inadvertence rather than ‘‘(I) IN GENERAL.—If a decedent is survived an interest shall descend to any Indian col- an intentional omission, the children shall by a non-Indian spouse, and the estate of the lateral heir who is a co-owner of an interest share in the intestate interests of the dece- decedent includes 1 or more acquired inter- owned by the decedent. dent in trust or restricted land as if the dece- ests— ‘‘(iii) MULTIPLE COLLATERAL HEIRS.—If— dent had died intestate. ‘‘(aa) the spouse of the decedent shall re- ‘‘(I) an Indian collateral heir owns an in- ‘‘(ii) ADOPTED HEIRS.—Any person recog- ceive a life estate in each acquired interest; terest to which clause (ii) applies that is nized as an heir by virtue of adoption under and larger than the interest held by any other the Act of July 8, 1940 (25 U.S.C. 372a), shall ‘‘(aa)(AA) if the decedent is survived by an such collateral heir, the interest shall de- be treated as the child of a decedent under Indian heir of the first or second degree, the scend to the collateral heir that owns the this subsection. remainder interests shall descend in accord- largest undivided interest in the parcel; or ‘‘(6) DIVORCE.— ance with paragraph (3)(A); and ‘‘(II) 2 or more collateral heirs own equal ‘‘(A) SURVIVING SPOUSE.— ‘‘(BB) if the decedent is not survived by an shares in an interest to which clause (ii) ap- ‘‘(i) IN GENERAL.—An individual who is di- Indian heir of the first or second degree, the plies, the interest shall be divided equally vorced from a decedent, or whose marriage among those collateral heirs. to the decedent has been annulled, shall not remainder interest shall descend in accord- ‘‘(iv) NO OWNERSHIP.—If none of the Indian be considered to be a surviving spouse un- ance with paragraph (3)(C). collateral heirs of a decedent owns an inter- less, by virtue of a subsequent marriage, the ‘‘(II) DEVISE OR INHERITANCE INTERESTS.—If est to which clause (ii) applies, subject to individual is married to the decedent at the the estate of a decedent described in sub- clause (v), the interest shall descend to the time of death of the decedent. clause (I) includes 1 or more devise or inher- Indian tribe that exercises jurisdiction over ‘‘(ii) SEPARATION.—A decree of separation itance interests— the parcel of trust or restricted land in- that does not dissolve a marriage, and termi- ‘‘(aa) if the decedent is survived by an In- volved. nate the status of husband and wife, shall dian heir of the first or second degree, the ‘‘(v) ACQUISITION OF INTEREST.— not be considered a divorce for the purpose of devise or inheritance interests shall descend ‘‘(I) IN GENERAL.—Notwithstanding clause this subsection. in accordance with paragraph (3)(A); and (iv), an Indian co-owner of a parcel of trust ‘‘(iii) NO EFFECT ON ADJUDICATIONS.—Noth- ‘‘(bb) if the decedent is not survived by an or restricted land may acquire an interest ing in clause (i) prevents an entity respon- Indian heir of the first or second degree, the that would otherwise descend under that sible for adjudicating an interest in trust or devise or inheritance interests shall descend clause by paying into the estate of the dece- restricted land from giving effect to a prop- in accordance with paragraph (3)(C). dent, before the close of the probate of the erty right settlement if 1 of the parties to ‘‘(iii) NO SURVIVING SPOUSE.—If a decedent estate, the fair market value of the interest the settlement dies before the issuance of a is not survived by a spouse, and the estate of in or to the land. final decree dissolving the marriage of the the decedent includes 1 or more acquired in- ‘‘(II) MULTIPLE CO-OWNERS.—If more than 1 parties to the property settlement. terests or 1 or more devise or inheritance in- Indian co-owner (including the Indian tribe ‘‘(B) EFFECT OF SUBSEQUENT DIVORCE ON A terests— referred to in clause (iv)) offers to pay for an WILL OR DEVISE.— ‘‘(I) if the decedent is survived by an In- interest described in subclause (I), the high- ‘‘(i) IN GENERAL.—If, after executing a will, dian heir of the first or second degree, the est bidder shall acquire the interest. a testator is divorced or the marriage of the acquired interests or devise or inheritance ‘‘(4) SPECIAL RULE RELATING TO SURVIVAL.— testator is annulled, on the effective date of interests shall descend in accordance with In the case of intestate succession under this the divorce or annulment, any disposition of paragraph (3)(A); and section, if an individual who fails to survive interests in trust or restricted land made by ‘‘(II) if the decedent is not survived by an a decedent by at least 120 hours, as estab- the will to the former spouse of the testator Indian heir of the first or second degree, the lished by clear and convincing evidence— shall be considered to be revoked unless the acquired interests or devise or inheritance ‘‘(A) the individual shall be deemed to have will expressly provides otherwise. interests shall descend in accordance with predeceased the decedent for the purpose of ‘‘(ii) PROPERTY.—Property that is pre- paragraph (3)(C). intestate succession; and vented from passing to a former spouse of a ‘‘(3) RULES GOVERNING DESCENT OF ES- ‘‘(B) the heirs of the decedent shall be de- decedent under clause (i) shall pass as if the TATE.— termined in accordance with this section. former spouse failed to survive the decedent. ‘‘(A) INDIAN HEIRS.—For the purpose of this ‘‘(5) PRETERMITTED SPOUSES AND CHIL- ‘‘(iii) PROVISIONS OF WILLS.—Any provision section, an Indian heir of the first or second DREN.— of a will that is considered to be revoked degree shall inherit in the following order: ‘‘(A) SPOUSES.— solely by operation of this subparagraph ‘‘(i) To the Indian children of the decedent ‘‘(i) IN GENERAL.—Except as provided in shall be revived by the remarriage of a tes- (or if 1 or more of those Indian children do clause (ii), if the surviving spouse of a tes- tator to the former spouse of the testator. not survive the decedent, the Indian children tator married the testator after the testator ‘‘(7) NOTICE.— of the deceased child of the decedent, by executed the will of the testator, the sur- ‘‘(A) IN GENERAL.—To the maximum extent right of representation) shall inherit in equal viving spouse shall receive the intestate practicable, the Secretary shall notify each shares. share in trust or restricted land that the owner of trust and restricted land of the pro- ‘‘(ii) If the decedent has no Indian children spouse would have received if the testator visions of this Act. (or grandchildren that inherit by right of had died intestate. ‘‘(B) COMBINED NOTICES.—The notice under representation under clause (i)), to the In- ‘‘(ii) EXCEPTION.—Clause (i) shall not apply subparagraph (A) may, at the discretion of dian brothers and sisters of the decedent, in to an interest in trust or restricted land in a the Secretary, be provided with the notice equal shares. case in which— required under section 207(g).’’.

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(c) RULE OF CONSTRUCTION.—Section 207 of ‘‘(e) REVENUES OR ROYALTIES.— the eligible land owned would be in accord- the Indian Land Consolidation Act (25 U.S.C. ‘‘(1) IN GENERAL.—Except as provided in ance with paragraph (3)(C). 2206) is amended by adding at the end the fol- paragraph (2), the Secretary shall not be re- ‘‘(3) TRIBAL OWNERSHIP.—A parcel of eligi- lowing: sponsible for the collection of or accounting ble land may be partitioned under this sub- ‘‘(h) APPLICABLE FEDERAL LAW.— for any lease revenues or royalties accruing section if, with respect to the eligible Indian ‘‘(1) IN GENERAL.—For purpose of sub- to an interest held as a passive trust interest tribe involved— sections (a) and (b), any reference to applica- by any person under this section. ‘‘(A) the eligible Indian tribe owns 50 per- ble Federal law includes— ‘‘(2) EXCEPTION.—Paragraph (1) shall not cent or more of the undivided interest in the ‘‘(A) Public Law 91–627 (84 Stat. 1874); apply to an interest described in that para- parcel; ‘‘(B) Public Law 92–377 (86 Stat. 530); graph if the Secretary approves an applica- ‘‘(B) the eligible Indian tribe is the owner ‘‘(C) Public Law 92–443 (86 Stat. 744); tion to take the interest into active trust of the largest quantity of undivided interest ‘‘(D) Public Law 96–274 (94 Stat. 537); and status on behalf of an Indian or an Indian in the parcel; or ‘‘(E) Public Law 98–513 (98 Stat. 2411). tribe in accordance with regulations promul- ‘‘(C) the owners of undivided interests ‘‘(2) NO EFFECT ON LAWS.—Nothing in this gated by the Secretary. equal to at least 50 percent of the undivided section amends or otherwise affects any law ‘‘(3) AUTHORITY OF SECRETARY.—Nothing in interest in the parcel (including any undi- described in paragraph (1), or any other Fed- this subsection alters any authority or re- vided interest owned by the eligible Indian eral law, that provides for the devise and de- sponsibility of the Secretary with respect to tribe) consent or do not object to the parti- scent of any trust or restricted land located an interest in trust or restricted land held in tion. on a specific Indian reservation.’’. active trust status (including an undivided ‘‘(4) TRIBAL CONSENT.—A parcel of land (d) PASSIVE TRUST INTEREST STATUS FOR interest included in the same parcel of land that is located within the reservation of an TRUST OR RESTRICTED LAND.—The Indian as an undivided passive trust interest). Indian tribe or otherwise under the jurisdic- Land Consolidation Act is amended by in- ‘‘(f) JURISDICTION OVER PASSIVE TRUST IN- tion of an Indian tribe shall be partitioned serting after section 207 (25 U.S.C. 2206) the TEREST.—With respect to an interest in trust under this subsection only if the Indian tribe following: or restricted land that is devised or held as does not object to the partition. ‘‘SEC. 207A. PASSIVE TRUST INTEREST STATUS a passive trust interest under this section— ‘‘(5) APPLICABILITY.—This subsection shall FOR TRUST OR RESTRICTED LAND. not apply to any parcel of land that is the ‘‘(a) PASSIVE TRUST INTEREST STATUS.— ‘‘(1) an Indian tribe that exercises jurisdic- tion over such an interest shall continue to bona fide residence of any person unless the ‘‘(1) IN GENERAL.—The owner of an interest person consents to the partition in writing. in trust or restricted land may submit to the exercise jurisdiction over the land that is held as a passive trust interest; and ‘‘(6) PARTITION IN KIND.— Secretary an application requesting that the ‘‘(A) IN GENERAL.—The Secretary shall interest be held in passive trust interest sta- ‘‘(2) any person holding, leasing, or other- wise using the land shall be considered to commence the partition process described in tus. subparagraph (B) if— ‘‘(2) AUTHORITY.—An application under consent to the jurisdiction of the Indian tribe with respect to the use of the land (in- ‘‘(i) an eligible Indian tribe applies to par- paragraph (1) may authorize the Secretary to tition eligible land under this paragraph; and amend any existing lease or agreement with cluding any effects associated with any use of the land). ‘‘(ii)(I) the Secretary determines that the respect to the interest that is the subject of eligible Indian tribe meets the applicable ‘‘(g) PROBATE OF PASSIVE TRUST INTER- the application. ownership requirements of subparagraph (A) ESTS.— ‘‘(b) APPROVAL.—On the approval of an ap- or (B) of paragraph (3); or ‘‘(1) IN GENERAL.—An interest in trust or plication by the Secretary under subsection ‘‘(II) the Secretary determines that it is restricted land that is held as a passive trust (a), an interest in trust or restricted land reasonable to believe that the partition covered by the application shall be held as a interest under this section shall be subject would be in accordance with paragraph passive trust interest in accordance with to— (3)(C). this section. ‘‘(A) probate by the Secretary in accord- ‘‘(B) PARTITION PROCESS.—In carrying out ‘‘(c) REQUIREMENTS.—Except as provided in ance with this Act; and any partition under this paragraph, the Sec- this section, an interest in trust or re- ‘‘(B) all other laws applicable to the pro- retary shall— stricted land that is held as a passive trust bate of trust or restricted land. interest under this section— ‘‘(i) provide, to each owner of any undi- ‘‘(2) COMMENCEMENT OF PROBATE.—Any in- vided interest in eligible land to be parti- ‘‘(1) shall continue to be covered under any terested party may file an application to applicable tax-exempt status, and continue tioned, through publication or other appro- commence the probate of an interest in trust priate means, notice of the proposed parti- to be subject to any restrictions on alien- or restricted land held as a passive trust in- ation, until the interest is patented in fee; tion; terest. ‘‘(ii) make available to any interested ‘‘(2) may, without the approval of the Sec- ‘‘(h) REGULATIONS.—The Secretary shall retary, be— party a copy of any proposed partition plan promulgate such regulations as are nec- submitted by an eligible Indian tribe or pro- ‘‘(A) leased for a period of not to exceed 25 essary to carry out this section.’’. years; posed by the Secretary; and SEC. 4. PARTITION OF INDIAN LAND. ‘‘(B) mortgaged in accordance with the Act ‘‘(iii) review— Section 205 of the Indian Land Consolida- of March 29, 1956 (25 U.S.C. 483a); or ‘‘(I) any proposed partition plan submitted tion Act (25 U.S.C. 2204) is amended by add- ‘‘(C) sold or conveyed to— by any owner of an undivided interest in the ing at the end the following: ‘‘(i) an Indian; eligible land; and ‘‘(ii) the Indian tribe that exercises juris- ‘‘(c) PARTITION.— ‘‘(II) any comments or objections con- diction over the interest; or ‘‘(1) DEFINITIONS.—In this subsection: cerning a partition, or any proposed plan of ‘‘(iii) a co-owner of an interest in the par- ‘‘(A) ELIGIBLE INDIAN TRIBE.—The term ‘eli- partition, submitted by any owner or any cel of land in which the interest is held, if gible Indian tribe’ means an Indian tribe other interested party. the co-owner owns a pre-existing trust, re- that— ‘‘(C) DETERMINATION NOT TO PARTITION.—If stricted interest, or a passive trust interest ‘‘(i) owns eligible land; and the Secretary determines that a parcel of el- in the parcel; and ‘‘(ii) consents to partition of the eligible igible land cannot be partitioned in a man- ‘‘(3) may be subject to an ordinance or res- land. ner that is fair and equitable to the owners olution enacted under subsection (d). ‘‘(B) ELIGIBLE LAND.—The term ‘eligible of the eligible land, the Secretary shall in- ‘‘(d) ORDINANCE OR RESOLUTION FOR RE- land’ means an undivided parcel of land form each owner of the eligible land of— MOVAL OF STATUS.— that— ‘‘(i) the determination of the Secretary; ‘‘(1) IN GENERAL.—The governing body of ‘‘(i) is located within the reservation of an and the Indian tribe that exercises jurisdiction Indian tribe; or ‘‘(ii) the right of the owner to appeal the over an interest in trust or restricted land ‘‘(ii) is otherwise under the jurisdiction of determination. that is held as a passive trust interest in ac- an Indian tribe. ‘‘(D) PARTITION WITH CONSENT OF ELIGIBLE cordance with this section may enact an or- ‘‘(2) REQUIREMENTS.—Notwithstanding any INDIAN TRIBE.—If the Secretary determines dinance or resolution to permit the owner of other provision of law, in accordance with that a parcel of eligible land may be parti- the interest to apply to the Secretary for the this subsection and subject to paragraphs (3), tioned in a manner that is fair and equitable removal of the trust or restricted status of (4), and (5)— to the owners of the eligible land, and the any portion of the land that is subject to the ‘‘(A) an eligible Indian tribe may apply to applicable eligible Indian tribe meets the ap- jurisdiction of the Indian tribe. the Secretary for the partition of a parcel of plicable ownership requirements under sub- ‘‘(2) REVIEW BY SECRETARY.—The Secretary eligible land; and paragraph (A) or (B) of paragraph (3), the shall review, and may approve, an ordinance ‘‘(B) the Secretary may commence a proc- Secretary shall— or resolution enacted by an Indian tribe in ess for partitioning the eligible land under ‘‘(i) approve a plan of partition; accordance with paragraph (1) if the Sec- this subsection if— ‘‘(ii) provide notice to the owners of the el- retary determines that the ordinance or res- ‘‘(i) the eligible Indian tribe meets the ap- igible land of the determination of the Sec- olution— plicable ownership requirement under sub- retary; ‘‘(A) is consistent with this Act; and paragraph (A) or (B) of paragraph (3); or ‘‘(iii) make a copy of the plan of partition ‘‘(B) would not increase fractionated own- ‘‘(ii) the Secretary determines that it is available to each owner of the eligible land; ership of Indian land. reasonable to believe that the partition of and

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‘‘(iv) inform each owner of the right to ap- ‘‘(I) notice of the application of the eligible ‘‘(A) IN GENERAL.—If, with respect to a par- peal the determination of the Secretary to Indian tribe to partition the eligible land; cel of eligible land, a partition in kind is ap- partition the eligible land in accordance and proved under subparagraph (D) or (E) of with the plan. ‘‘(II) access to the preliminary appraisal paragraph (6), or a partition by sale is ap- ‘‘(E) PARTITION WITH CONSENT; IMPLIED CON- conducted in accordance with clause (i); proved under paragraph (7)(C), and the owner SENT.—If the Secretary determines that a ‘‘(iii) shall inform each owner of the eligi- of an interest in or to the eligible land fails parcel of eligible land may be partitioned in ble land of the right to submit to the Sec- to convey the interest to the Indian tribe, a manner that is fair and equitable to the retary comments relating to the preliminary the Indian tribe or the United States may— owners of the eligible land, but the eligible appraisal; ‘‘(i) bring a civil action in the United Indian tribe involved does not meet the ap- ‘‘(iv) may, based on comments received States district court for the district in which plicable ownership requirements under sub- under clause (iii), modify the preliminary ap- the eligible land is located; and paragraph (A) or (B) of paragraph (3), the praisal or provide for the conduct of a new ‘‘(ii) request the court to issue an appro- Secretary shall— appraisal; and priate order for the partition in kind, or par- ‘‘(i)(I) make a plan of partition available to ‘‘(v) shall— tition by sale to the Indian tribe, of the eli- the owners of the parcel; and ‘‘(I) issue a final appraisal for the eligible gible land. ‘‘(II) inform the owners that the eligible land; ‘‘(B) FEDERAL ROLE.—With respect to any land will be partitioned in accordance with ‘‘(II) provide to the owners of the eligible civil action brought under subparagraph the plan if the owners of 50 percent or more land and the appropriate Indian tribes access (A)— of undivided ownership interest in the eligi- to the final appraisal; and ‘‘(i) the United States— ble land— ‘‘(III) inform the Indian tribes of the right ‘‘(I) shall receive notice of the civil action; ‘‘(aa) consent to the partition; or to appeal the final appraisal. and ‘‘(II) may be a party to the civil action; ‘‘(bb) do not object to the partition by such ‘‘(C) PURCHASE BY ELIGIBLE INDIAN TRIBE.— and date as may be established by the Secretary; If an eligible Indian tribe enters into an ‘‘(ii) the civil action shall not be dismissed, and agreement with the Secretary to pay fair and no relief requested shall be denied, on ‘‘(ii)(I) if the owners of 50 percent or more market value for eligible land partitioned the ground that the civil action is against of undivided ownership interest in the eligi- under this subsection, as determined by the the United States or that the United States ble land consent to the partition or do not final appraisal of the eligible land issued is an indispensable party.’’. object by a date established by the Secretary under subparagraph (B)(v)(I) (including any under clause (i)(II)(bb), inform the owners of appraisal issued by the Secretary after an SEC. 5. ADDITIONAL AMENDMENTS. the eligible land that— appeal by the Indian tribe under subpara- (a) IN GENERAL.—The Indian Land Consoli- ‘‘(aa) the plan for partition is final; and graph (B)(v)(III)), and the eligible Indian dation Act (25 U.S.C. 2201 et seq.) is amend- ‘‘(bb) the owners have the right to appeal tribe meets the applicable ownership re- ed— the determination of the Secretary to parti- quirements of subparagraph (A) or (B) of (1) in the second sentence of section 205(a) tion the eligible land; or paragraph (3), the Secretary shall— (25 U.S.C. 2204(a)), by striking ‘‘over 50 per ‘‘(II) if the owners of 50 percent or more of ‘‘(i) provide to each owner of the eligible centum of the undivided interests’’ and in- the undivided ownership interest in the eligi- land notice of the agreement; and serting ‘‘undivided interests equal to at least ble land object to the partition, inform the ‘‘(ii) inform the owners of the right to ap- 50 percent of the undivided interest’’; eligible Indian tribe of the objection. peal the decision of the Secretary to enter (2) in section 206 (25 U.S.C. 2205)— into the agreement (including the right to (A) in subsection (a), by striking paragraph ‘‘(F) SUCCESSIVE PARTITION PLANS.—In car- rying out subparagraph (E) in accordance appeal any final appraisal of the parcel re- (3) and inserting the following: with paragraph (3)(C), the Secretary may, in ferred to in subparagraph (B)(v)(III)). ‘‘(3) TRIBAL PROBATE CODES.—Except as ‘‘(D) PARTITION WITH CONSENT; IMPLIED CON- provided in any applicable Federal law, the accordance with subparagraph (E)— SENT.— Secretary shall not approve a tribal probate ‘‘(i) approve 1 or more successive plans of ‘‘(i) IN GENERAL.—If an eligible Indian tribe code, or an amendment to such a code, that partition; and agrees to pay fair market value for eligible prevents the devise of an interest in trust or ‘‘(ii) make those plans available to the land partitioned under this subsection, as de- restricted land to— owners of the eligible land to be partitioned. termined by the final appraisal of the eligi- ‘‘(A) an Indian lineal descendant of the ‘‘(G) PLAN OF PARTITION.—A plan of parti- ble land issued under subparagraph (B)(v)(I) original allottee; or tion approved by the Secretary in accord- (including any appraisal issued by the Sec- ‘‘(B) an Indian who is not a member of the ance with subparagraph (D) or (E)— retary after an appeal by the Indian tribe Indian tribe that exercises jurisdiction over ‘‘(i) may determine that 1 or more of the under subparagraph (B)(v)(III)), but does not such an interest, unless the code provides undivided interests in a parcel of eligible meet the applicable ownership requirements for— land are not susceptible to a partition in of subparagraph (A) or (B) of paragraph (3), ‘‘(i) the renouncing of interests to eligible kind; the Secretary shall— devisees in accordance with the code; ‘‘(ii) may provide for the sale or exchange ‘‘(I) provide to each owner of the undivided ‘‘(ii) the opportunity for a devisee who is of those undivided interests to— interest in the eligible land notice that the the spouse or lineal descendant of a testator ‘‘(I) 1 or more of the owners of undivided Indian tribe did not meet the requirements; to reserve a life estate; and interests in the eligible land; or and ‘‘(iii) payment of fair market value in the ‘‘(II) the Secretary in accordance with sec- ‘‘(II) inform the owners that the eligible manner prescribed under subsection (c)(2).’’; tion 213; and land will be partitioned by sale unless the and ‘‘(iii) shall provide that the sale of any un- partition is opposed by the owners of 50 per- (B) in subsection (c)— divided interest referred to in clause (ii) cent or more of the undivided ownership in- (i) in paragraph (1)— shall be for not less than the fair market terest in the eligible land. (I) by striking the paragraph heading and value of the interest. ‘‘(ii) FAILURE TO OBJECT TO PARTITION.—If inserting the following: ‘‘(7) PARTITION BY SALE.— the owners of 50 percent or more of undivided ‘‘(1) AUTHORITY.— ‘‘(A) IN GENERAL.—The Secretary shall ownership interest in or to a parcel of eligi- ‘‘(A) IN GENERAL.—’’; commence the partition process described in ble land consent to the partition of the eligi- (II) in the first sentence of subparagraph subparagraph (B) if— ble land, or do not object to the partition by (A) (as designated by clause (i)), by striking ‘‘(i) an eligible Indian tribe applies to par- such date as may be established by the Sec- ‘‘section 207(a)(6)(A) of this title’’ and insert- tition a parcel of eligible land under this retary, the Secretary shall inform the own- ing ‘‘section 207(a)(2)(A)(ii), 207(a)(2)(C), or subsection; and ers of the eligible land of the right to appeal 207(a)(3)’’; and ‘‘(ii)(I) the Secretary determines that the the determination of the Secretary to parti- (III) by striking the last sentence and in- Indian tribe meets the applicable ownership tion the eligible land (including the results serting the following: requirements of subparagraph (A) or (B) of of the final appraisal issued under subpara- ‘‘(B) TRANSFER.—The Secretary shall paragraph (3); or graph (B)(v)(I)). transfer payments received under subpara- ‘‘(II) the Secretary determines that it is ‘‘(iii) OBJECTION TO PARTITION.—If the own- graph (A) to any person or persons who reasonable to believe that the partition ers of 50 percent or more of the undivided would have received an interest in land if the would be in accordance with paragraph ownership interest in a parcel of eligible interest had not been acquired by the Indian (3)(C). land object to the partition of the eligible tribe in accordance with this paragraph.’’; ‘‘(B) PARTITION PROCESS.—In carrying out land— and any partition of eligible land under this ‘‘(I) the Secretary shall notify the eligible (ii) in paragraph (2)— paragraph, the Secretary— Indian tribe of the objection; and (I) in subparagraph (A)— ‘‘(i) shall conduct a preliminary appraisal ‘‘(II) the eligible Indian tribe and the Sec- (aa) by striking the subparagraph heading of the eligible land; retary may agree to increase the amount of- and all that follows through ‘‘Paragraph (1) ‘‘(ii) shall provide to the owners of the eli- fered to purchase the undivided ownership shall apply’’ and inserting the following: gible land, through publication or other ap- interests in the eligible land. ‘‘(A) NONAPPLICABILITY TO CERTAIN INTER- propriate means— ‘‘(8) ENFORCEMENT.— ESTS.—

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‘‘(i) IN GENERAL.—Paragraph (1) shall not cedures designed to accommodate the vol- the Secretary, and in consultation with trib- apply’’; untary sale of interests under the pilot pro- al governments and other entities described (bb) in clause (i) (as designated by item gram under this section, notwithstanding in section 213(b)(3), the Secretary shall peri- (a)), by striking ‘‘if, while’’ and inserting the the existence of any otherwise applicable odically remove liens referred to in para- following: ‘‘if— policy, procedure, or regulation, through the graph (1) from interests in land acquired by ‘‘(I) while’’; elimination of duplicate— the Secretary.’’; (cc) by striking the period at the end and ‘‘(A) conveyance documents; (6) in section 216 (25 U.S.C. 2215)— inserting ‘‘; or’’; and ‘‘(B) administrative proceedings; and (A) in subsection (a), by striking paragraph (dd) by adding at the end the following: ‘‘(C) transactions.’’; and (2) and inserting the following: ‘‘(II)(aa) the interest is part of a family (C) in subsection (c)— ‘‘(2) collect all revenues received from the farm that is devised to a member of the fam- (i) in paragraph (1)— lease, permit, or sale of resources from inter- ily of the decedent; and (I) in subparagraph (A), by striking ‘‘land- ests acquired under section 213 or paid by In- ‘‘(bb) the devisee agrees that the Indian owner upon payment’’ and all that follows dian landowners under section 213.’’; and tribe that exercises jurisdiction over the and inserting the following: ‘‘landowner— (B) in subsection (b)— land will have the opportunity to acquire the ‘‘(i) on payment by the Indian landowner of (i) in paragraph (1)— interest for fair market value if the interest the amount paid for the interest by the Sec- (I) in the matter preceding subparagraph is offered for sale to an entity that is not a retary; or (A), by striking ‘‘Subject to paragraph (2), member of the family of the owner of the ‘‘(ii) if— all’’ and inserting ‘‘All’’; land. ‘‘(I) the Indian referred to in this subpara- (II) in subparagraph (A), by striking ‘‘and’’ ‘‘(ii) RECORDING OF INTEREST.—On request graph provides assurances that the purchase at the end; by an Indian tribe described in clause price will be paid by pledging revenue from (III) in subparagraph (B), by striking the (i)(II)(bb), a restriction relating to the acqui- any source, including trust resources; and period at the end and inserting ‘‘; and’’; and sition by the Indian tribe of an interest in a ‘‘(II) the Secretary determines that the (IV) by adding at the end the following: family farm involved shall be recorded as purchase price will be paid in a timely and part of the deed relating to the interest in- efficient manner.’’; and ‘‘(C) be used to acquire undivided interests volved. (II) in subparagraph (B), by inserting be- on the reservation from which the income ‘‘(iii) MORTGAGE AND FORECLOSURE.—Noth- fore the period at the end the following: ‘‘un- was derived.’’; and ing in clause (i)(II) prevents or limits the less the interest is subject to a foreclosure of (ii) by striking paragraph (2) and inserting ability of an owner of land to which that a mortgage in accordance with the Act of the following: clause applies to mortgage the land or limit March 29, 1956 (25 U.S.C. 483a)’’; and ‘‘(2) USE OF FUNDS.—The Secretary may use the right of the entity holding such a mort- (ii) in paragraph (3), by striking ‘‘10 per- the revenue deposited in the Acquisition gage to foreclose or otherwise enforce such a cent of more of the undivided interests’’ and Fund under paragraph (1) to acquire some or mortgage agreement in accordance with ap- inserting ‘‘an undivided interest’’; all of the undivided interests in any parcels plicable law. (5) in section 214 (25 U.S.C. 2213), by strik- of land in accordance with section 205.’’; ‘‘(iv) DEFINITION OF MEMBER OF THE FAM- ing subsection (b) and inserting the fol- (7) in section 217 (25 U.S.C. 2216)— ILY.—In this paragraph, the term ‘member of lowing: (A) in subsection (e)(3), by striking ‘‘pro- the family’, with respect to a decedent or ‘‘(b) APPLICATION OF REVENUE FROM AC- spective applicants for the leasing, use, or landowner, means— QUIRED INTERESTS TO LAND CONSOLIDATION consolidation of’’ and insert ‘‘any person ‘‘(I) a lineal descendant of a decedent or PILOT PROGRAM.— that is leasing, using, or consolidating, or is landowner; ‘‘(1) IN GENERAL.—The Secretary shall have applying to lease, use, or consolidate,’’; and ‘‘(II) a lineal descendant of the grand- a lien on any revenue accruing to an interest (B) by striking subsection (f) and inserting parent of a decedent or landowner; described in subsection (a) until the Sec- the following: ‘‘(III) the spouse of a descendant or land- retary provides for the removal of the lien ‘‘(f) PURCHASE OF LAND BY INDIAN TRIBE.— owner described in subclause (I) or (II); and under paragraph (3) or (4). ‘‘(1) IN GENERAL.—Except as provided in ‘‘(2) REQUIREMENTS.— ‘‘(IV) the spouse of a decedent or land- paragraph (2), before the Secretary approves ‘‘(A) IN GENERAL.—Until the Secretary re- owner.’’; and an application to terminate the trust status moves a lien from an interest in land under (II) in subparagraph (B), by striking ‘‘sub- or remove the restrictions on alienation paragraph (1)— paragraph (A)’’ and all that follows through from a parcel of trust or restricted land, the ‘‘207(a)(6)(B) of this title’’ and inserting ‘‘(i) any lease, resource sale contract, Indian tribe that exercises jurisdiction over ‘‘paragraph (1)’’; right-of-way, or other document evidencing a the parcel shall have the opportunity— (3) in section 207 (25 U.S.C. 2206)— transaction affecting the interest shall con- ‘‘(A) to match any offer contained in the (A) in subsection (c)— tain a clause providing that all revenue de- application; or (i) by redesignating paragraph (3) as para- rived from the interest shall be paid to the ‘‘(B) in a case in which there is no purchase graph (4); and Secretary; and price offered, to acquire the interest in the (ii) by inserting after paragraph (2) the fol- ‘‘(ii) any revenue derived from any interest parcel by paying the fair market value of the lowing: acquired by the Secretary in accordance interest. ‘‘(3) ALIENATION OF JOINT TENANCY INTER- with section 213 shall be deposited in the ‘‘(2) EXCEPTION FOR FAMILY FARMS.— ESTS.— fund created under section 216. ‘‘(A) IN GENERAL.—Paragraph (1) shall not ‘‘(A) IN GENERAL.—With respect to any in- ‘‘(B) APPROVAL OF TRANSACTIONS.—Not- terest held in joint tenancy in accordance withstanding section 16 of the Act of June 18, apply to a parcel of trust or restricted land with this subsection— 1934 (commonly known as the ‘Indian Reor- that is part of a family farm that is con- ‘‘(i) nothing in this subsection alters the ganization Act’) (25 U.S.C. 476), or any other veyed to a member of the family of a land- ability of an owner of such an interest to provision of law, until the Secretary removes owner (as defined in section 206(c)(2)(A)(iv)) convey a life estate in the undivided joint a lien from an interest in land under para- if— tenancy interest of the owner; and graph (1), the Secretary may approve a ‘‘(i) the interest is offered for sale to an en- ‘‘(ii) only the last remaining owner of such transaction covered under this section on be- tity that is not a member of the family of an interest may devise or convey more than half of an Indian tribe. the landowner; and ‘‘(ii) the Indian tribe that exercises juris- a life estate in the interest. ‘‘(3) REMOVAL OF LIEN AFTER FINDINGS.— diction over the land is afforded the oppor- ‘‘(B) APPLICATION OF PROVISION.—This para- The Secretary may remove a lien referred to graph shall not apply— in paragraph (1) if the Secretary makes a tunity to purchase the interest. ‘‘(i) to any conveyance, sale, or transfer finding that— ‘‘(B) APPLICABILITY.—Section 206(c)(2)(A) that is part of an agreement referred to in ‘‘(A) the costs of administering the inter- shall apply with respect to the recording and subsection (e); or est from which revenue accrues under the mortgaging of any trust or restricted land ‘‘(ii) to a co-owner of a joint tenancy inter- lien will equal or exceed the projected reve- referred to in subparagraph (A).’’; and est.’’; and nues for the parcel of land involved; (8) in section 219(b)(1)(A) (25 U.S.C. (B) in subsection (g)(5), by striking ‘‘this ‘‘(B) in the discretion of the Secretary, it 2218(b)(1)(A)), by striking ‘‘100’’ and inserting section’’ and inserting ‘‘subsections (a) and will take an unreasonable period of time for ‘‘90’’. (b)’’; the parcel of land to generate revenue that (b) DEFINITION.— (4) in section 213 (25 U.S.C. 2212)— equals the purchase price paid for the inter- (1) IN GENERAL.—Section 202 of the Indian (A) in subsection (a)(2), by striking ‘‘(A) IN est; or Land Consolidation Act (25 U.S.C. 2201) is GENERAL.—’’ and all that follows through ‘‘(C) a subsequent decrease in the value of amended by striking paragraph (2) and in- ‘‘the Secretary shall submit’’ and inserting land or commodities associated with the par- serting the following: ‘‘The Secretary shall submit’’; cel of land make it likely that the interest ‘‘(2) INDIAN.— (B) in subsection (b), by striking paragraph will be unable to generate revenue that ‘‘(A) IN GENERAL.—The term ‘Indian’ (4) and inserting the following: equals the purchase price paid for the inter- means— ‘‘(4) shall minimize the administrative est in a reasonable time. ‘‘(i) any person that is a member of any In- costs associated with the land acquisition ‘‘(4) OTHER REMOVAL OF LIEN.—In accord- dian tribe or is eligible to become a member program through the use of policies and pro- ance with regulations to be promulgated by of any Indian tribe;

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.088 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3275 ‘‘(ii) subject to subparagraph (B), any per- succession (including a life estate in the land Protection Agency in the middle of a son that has been found to meet the defini- under section 4), or that is devised to more controversy about whether it is au- tion of ‘Indian’ under any Federal law; and than 1 tribal member that is not described in thorized to delegate Clean Air Act pro- ‘‘(iii) with respect to the ownership, devise, paragraph (1), shall revert to the Indian grams within the Ute Reservation, the or descent of trust or restricted land in the tribe, to be held in the name of the United State of California, any person that meets States in trust for the Indian tribe. Tribe and the State signed an agree- the definition of ‘Indians of California’ con- ‘‘(b) NOTICE.— ment to eliminate any ambiguities. tained in the first section of the Act of May ‘‘(1) IN GENERAL.—Not later than 180 days First, consistent with Congress’ man- 18, 1928 (25 U.S.C. 651), until otherwise pro- after the date of enactment of the Indian date in the Clean Air Act, the Tribe vided by Congress in accordance with section Probate Reform Act of 2003, the Secretary will be the entity responsible for ad- 809(b) of the Indian Health Care Improve- shall provide notice to owners of trust or re- ministering Clean Air Act programs ment Act (25 U.S.C. 1679(b));’’. stricted land within the Lake Traverse Res- within the reservation. ‘‘(B) EXCLUSIONS.—The term ‘Indian’ does ervation of the provisions of this section Second, an equal number of Tribal not include any person excluded from a defi- by— and State representatives will sit on nition described in subparagraph (A)(ii) by a ‘‘(A) direct mail; the Commission established to hear regulation promulgated by the Secretary in ‘‘(B) publication in the Federal Register; or and make decisions, and will set the a case in which the Secretary determines ‘‘(C) publication in local newspapers. that the definition is not consistent with the ‘‘(2) CERTIFICATION.—After providing notice pace for Tribal applications for delega- purposes of this Act, unless the definition de- under paragraph (1), the Secretary shall— tions of authority. Finally, Federal scribed in subparagraph (A)(ii) is contained ‘‘(A) certify that the requirements of this court review is available to hear chal- in a law relating to— subsection have been met; and lenges to decisions by the Commission. ‘‘(i) agriculture; ‘‘(B) shall publish notice of that certifi- In closing, let me again commend the ‘‘(ii) cultural resources; cation in the Federal Register.’’. efforts of both the Tribe and the State ‘‘(iii) economic development; (b) APPLICABILITY.—This section and the in negotiating and signing this historic ‘‘(iv) grazing; amendment made by this section shall not agreement. ‘‘(v) housing; apply with respect to the estate of any per- I ask unanimous consent that the ‘‘(vi) Indian schools; son who dies before the date that is 1 year text of the bill be printed in the ‘‘(vii) natural resources; after the date on which the Secretary makes ‘‘(viii) any other program with benefits in- the required certification under section 5(b) RECORD. tended to run to Indian landowners; or of Public Law 98–513 (98 Stat. 2413) (as There being no objection, the bill was ‘‘(ix) any land-related program that takes amended by subsection (a)). ordered to be printed in the RECORD, as effect after the date of enactment of this SEC. 7. EFFECTIVE DATE. follows: subparagraph.’’. The amendments made by this Act shall S. 551 (2) APPLICABILITY.—Any exclusion referred not apply to the estate of an individual who Be it enacted by the Senate and House of Rep- to in the amendment made by paragraph (1) dies before the later of— resentatives of the United States of America in shall apply only to a decedent who dies after (1) the date that is 1 year after the date of Congress assembled, the date on which the Secretary of the Inte- enactment of this Act; or SECTION. 1. SHORT TITLE. rior promulgates a regulation providing for (2) the date specified in section 207(g)(5) of This Act may be cited as the ‘‘Southern the exclusion. the Indian Land Consolidation Act (25 U.S.C. Ute and Colorado Intergovernmental Agree- (c) MORTGAGES AND DEEDS OF TRUST.—The 2206(g)(5)). ment Implementation Act of 2003’’. Act of March 29, 1956 (25 U.S.C. 483a), is SEC. 2. FINDINGS AND PURPOSE. amended in the first sentence of subsection By Mr. CAMPBELL: (a) FINDINGS.—Congress, after review and (a) by inserting after ‘‘any land’’ the fol- S. 551. A bill to provide for the imple- in recognition of the purposes and unique- lowing: ‘‘(including land owned by any per- mentation of air quality programs de- ness of the Intergovernmental Agreement be- son in passive trust status in accordance tween the Southern Ute Indian Tribe and the with section 207A of the Indian Land Consoli- veloped in accordance with an Inter- governmental Agreement between the State of Colorado, finds that— dation Act)’’. (1) the Intergovernmental Agreement is (d) ISSUANCE OF PATENTS.—Section 5 of the Southern Ute Indian Tribe and the consistent with the special legal relationship Act of February 8, 1887 (25 U.S.C. 348), is State of Colorado concerning Air Qual- between Federal Government and the Tribe; amended by striking the second proviso and ity Control on the Southern Ute Indian and inserting the following: ‘‘Provided, That the Reservation, and for other purposes; to (2) air quality programs developed in ac- rules of intestate succession under the In- the Committee on Environment and cordance with the Intergovernmental Agree- dian Land Consolidation Act (25 U.S.C. 2201 Public Works. ment and submitted by the Tribe for ap- et seq.) (including a tribal probate code ap- proval by the Administrator may be imple- proved under that Act or regulations pro- Mr. CAMPBELL. Mr. President, today I am re-introducing a bill that is mented in a manner that is consistent with mulgated under that Act) shall apply to that the Clean Air Act (42 U.S.C. 7401 et seq.). land for which patents have been executed important to the State of Colorado, the (b) PURPOSE.—The purpose of this Act is to and delivered:’’. Southern Ute Indian Tribe and all provide for the implementation and enforce- (e) TRANSFERS OF RESTRICTED INDIAN Coloradans that live in the southwest ment of air quality control programs under LAND.—Section 4 of the Act of June 18, 1934 corner of our beautiful State. the Clean Air Act (42 U.S.C. 7401 et seq.) and (25 U.S.C. 464), is amended in the first pro- More than thirty years of experience other air quality programs developed in ac- viso by striking ‘‘, in accordance with’’ and with environmental laws shows us that cordance with the Intergovernmental Agree- all that follows through the colon and insert- local design and implementation of ment that provide for— ing ‘‘in accordance with the Indian Land (1) the regulation of air quality within the Consolidation Act (25 U.S.C. 2201 et seq.) (in- such laws almost always trumps the exterior boundaries of the Reservation; and cluding a tribal probate code approved under ‘‘one size fits all’’ approach advocated (2) the establishment of a Southern Ute In- that Act or regulations promulgated under by many in Washington, D.C. dian Tribe/State of Colorado Environmental that Act):’’. The Federal Clean Air Act authorizes Commission. SEC. 6. INHERITANCE OF CERTAIN TRUST OR RE- States and Indian tribes to accept re- SEC. 3. DEFINITIONS. STRICTED LAND. sponsibility for air quality plans and In this Act: (a) IN GENERAL.—Section 5 of Public Law standards, and implement many of the (1) ADMINISTRATOR.—The term ‘‘Adminis- 98–513 (98 Stat. 2413) is amended to read as regulatory programs needed to main- trator’’ means the Administrator of the En- follows: tain or improve air quality. vironmental Protection Agency. ‘‘SEC. 5. INHERITANCE OF CERTAIN TRUST OR (2) COMMISSION.—The term ‘‘Commission’’ RESTRICTED LAND. In 1984 Congress ratified a jurisdic- means the Southern Ute Indian Tribe/State ‘‘(a) IN GENERAL.—Notwithstanding any tion and boundary agreement between of Colorado Environmental Commission es- other provision of this Act— the Tribe and the State that spared tablished by the State and the Tribe in ac- ‘‘(1) the owner of an interest in trust or re- both sides litigation costs and a fight cordance with the Intergovernmental Agree- stricted land within the reservation may not over the jurisdictional status of each ment. devise an interest (including a life estate square inch on the reservation. The (3) INTERGOVERNMENTAL AGREEMENT.—The under section 4) in the land that is less than 1984 pact permits the Tribe and the term ‘‘Intergovernmental Agreement’’ 2.5 acres to more than 1 tribal member un- State to work out jurisdictional issues means the agreement entered into by the less each tribal member already holds an in- Tribe and the State on December 13, 1999. terest in that land; and for themselves. (4) RESERVATION.—The term ‘‘Reservation’’ ‘‘(2) any interest in trust or restricted land Some uncertainty remains with re- means the Southern Ute Indian Reservation. within the reservation that is less than 2.5 spect to environmental issues and rath- (5) STATE.—The term ‘‘State’’ means the acres that would otherwise pass by intestate er than placing the Environmental State of Colorado.

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.088 S06PT1 S3276 CONGRESSIONAL RECORD — SENATE March 6, 2003 (6) TRIBE.—The term ‘‘Tribe’’ means the as early as possible in the 108th Con- of the oral arguments before the Su- Southern Ute Indian Tribe. gress. preme Court in the historic 2000 presi- SEC. 4. TRIBAL AUTHORITY. Sunshine bill will help the American dential election dispute. The Supreme (a) AIR PROGRAM APPLICATIONS.— people to become better informed Court’s response to our request was a (1) IN GENERAL.—The Administrator is au- about the judicial process. Moreover, major step in the right direction. thorized to treat the Tribe as a State for the this bill will help to produce a better purpose of any air program applications sub- It is important to emphasize, that mitted to the Administrator by the Tribe judiciary. Increased public awareness this bill does not require any Federal under section 301(d) of the Clean Air Act (42 and scrutiny will bring about greater judge in any Federal court to allow U.S.C. 7601(d)) to carry out, in a manner con- accountability and help judges to do a camera access to judicial proceedings. sistent with the Clean Air Act (42 U.S.C. 7401 better job. Rather, it simply gives Federal judges et seq.), the Intergovernmental Agreement. Allowing cameras in the Federal the discretion to allow cameras or (2) APPLICABILITY.—If the Administrator courts is consistent with the intent of other electronic media access if they approves an air program application of the our Nation’s Founders that trials see fit. The bill also protects the pri- Tribe, the approved program shall be appli- should be held in front of as many peo- cable to all air resources within the exterior vacy and safety of non-party witnesses boundaries of the Reservation. ple as choose to attend them. In my by giving them the right to have their (b) TERMINATION.—If the Tribe or the State view, the First Amendment to the Con- faces and voices obscured. terminates the Intergovernmental Agree- stitution requires that court pro- This piece of sunshine legislation ment, the Administrator shall promptly take ceedings must be open to the public will bring greater openness and ac- appropriate administrative action to with- and, by extension, to the news media. countability to the Nation’s Federal draw treatment of the Tribe as a State for As the Supreme Court has said, ‘‘what courts. The best way to maintain con- the purpose described in subsection (a)(1). transpires in the courtroom is public fidence in our Federal judiciary, which SEC. 5. CIVIL ENFORCEMENT. property.’’ has tremendous power, is to let the sun If any person fails to comply with a final Clearly, the basic American values of shine in by allowing judges to exercise civil order of the Tribe or the Commission openness and education are served by made in accordance with a program under their discretion in opening Federal the Clean Air Act (42 U.S.C. 7401 et seq.) or allowing electronic media access to courtrooms to public view through the any other air quality program established Federal courtrooms. There are many broadcasting and televising of judicial under the Intergovernmental Agreement, the beneficial and no substantial detri- proceedings. I urge my colleagues to Tribe or the Commission, as appropriate, mental effects to allowing greater pub- join me in co-sponsoring the Sunshine may bring a civil action for declaratory or lic access to the inner workings of our in the Courtroom Act. injunctive relief, or for other orders in aid of federal courts. Fifteen States have con- I ask unanimous consent that the enforcement, in the United States District ducted studies aimed specifically at Court for the District of Colorado. text of bill be printed in the RECORD. the educational benefits that are de- There being no objection, the bill was SEC. 6. JUDICIAL REVIEW. rived from camera access to court- Any decision by the Commission that ordered to be printed in the RECORD, as would be subject to appellate review if it rooms. They all determined that cam- follows: were made by the Administrator— era coverage contributes to greater Be it enacted by the Senate and House of Rep- (1) shall be subject to appellate review by public understanding of the judicial resentatives of the United States of America in the United States Court of Appeals for the system. Congress assembled, Tenth Circuit; and Moroever, the experience of the SECTION 1. DEFINITIONS. (2) may be reviewed by the Court of Ap- States with electronic media access to In this Act: peals applying the same standard that would judicial proceedings demonstrate that (1) PRESIDING JUDGE.—The term ‘‘presiding be applicable to a decision of the Adminis- still and video cameras can be used judge’’ means the judge presiding over the trator. court proceeding concerned. In proceedings without any problems, and that proce- in which more than 1 judge participates, the SEC. 7. DISCLAIMER. dural discipline is preserved. According Nothing in this Act— presiding judge shall be the senior active (1) modifies any provision of— to the National Center for State judge so participating or, in the case of a cir- (A) the Clean Air Act (42 U.S.C. 7401 et Courts, all fifty States allow at least cuit court of appeals, the senior active cir- seq.); some degree of camera access to judi- cuit judge so participating, except that— (B) Public Law 98–290 (25 U.S.C. 668 note); cial proceedings under a wide variety (A) in en banc sittings of any United or of rules and conditions. My own State States circuit court of appeals, the presiding (C) any lawful administrative rule promul- of Iowa, for example, has operated suc- judge shall be the chief judge of the circuit whenever the chief judge participates; and gated in accordance with those statutes; or cessfully in this open manner for more (2) affects or influences in any manner any (B) in en banc sittings of the Supreme than 20 years. Court of the United States, the presiding past or prospective judicial interpretation or Furthermore, at the Federal level, application of those statutes by the United judge shall be the Chief Justice whenever the States, the Tribe, the State, or any Federal, the Federal Judicial Center conducted Chief Justice participates. tribal, or State court. a pilot program in 1994 that studied the (2) APPELLATE COURT OF THE UNITED effects of allowing camera access to STATES.—The term ‘‘appellate court of the By Mr. GRASSLEY (for himself, courtrooms. The study found ‘‘small or United States’’ means any United States cir- cuit court of appeals and the Supreme Court Mr. SCHUMER, Mr. DEWINE, Mr. no effects of camera presence on par- of the United States. ALLEN, Mr. CRAIG, Mr. GRAHAM ticipants in judicial proceedings, court- SEC. 2. AUTHORITY OF PRESIDING JUDGE TO of South Carolina, Mr. ALLARD, room decorum, or the administration ALLOW MEDIA COVERAGE OF COURT and Mr. TALENT): of justice.’’ PROCEEDINGS. S. 554. A bill to allow media coverage Based on the experience of the (a) AUTHORITY OF APPELLATE COURTS.— of court proceedings; to the Committee States, as well as state and Federal Notwithstanding any other provision of law, on the Judiciary. studies, Senator SCHUMER and I are in- the presiding judge of an appellate court of Mr. GRASSLEY. Mr. President, I rise troducing this bill with a well-founded the United States may, in the discretion of today to introduce the Sunshine in the confidence that it represents sound that judge, permit the photographing, elec- Courtroom Act of 2003, a bill to allow public policy. Nevertheless, in order to tronic recording, broadcasting, or televising to the public of court proceedings over which media coverage of court proceedings. provide a mechanism for Congress to that judge presides. This legislation will provide Federal study the effects of this legislation on (b) AUTHORITY OF DISTRICT COURTS.— judges with the statutory authority to our judiciary before making this (1) IN GENERAL.—Notwithstanding any exercise their discretion to allow the change permanent, we have included a other provision of law, any presiding judge of photographing, electronic recording, three-year sunset provision in our bill. a district court of the United States may, in broadcasting and televising of federal The Supreme Court of the United the discretion of that judge, permit the court proceedings. States has recognized that there is a photographing, electronic recording, broad- During the 107th Congress, the Judi- strong public interest in electronic casting, or televising to the public of court proceedings over which that judge presides. ciary Committee reported identical media access to important court cases. (2) OBSCURING OF WITNESSES.— legislation favorably, by a vote of 12 to At my urging and that of Senator (A) IN GENERAL.—Upon the request of any 7. It’s my hope that the full Senate will SCHUMER, Chief Justice Rehnquist per- witness in a trial proceeding other than a have the opportunity to act on this bill mitted the delayed audio broadcasting party, the court shall order the face and

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.090 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3277 voice of the witness to be disguised or other- culosis mortality rates have also been ‘‘(e) PURPOSES.—The purposes of the Foun- wise obscured in such manner as to render reduced 53 percent. Other indicia of Na- dation shall be— the witness unrecognizable to the broadcast tive health status have also shown ‘‘(1) to encourage, accept, and administer audience of the trial proceeding. marked improvement. private gifts of real and personal property, (B) NOTIFICATION TO WITNESSES.—The pre- Even with modest increases in recent and any income from or interest in such siding judge in a trial proceeding shall in- gifts, for the benefit of, or in support of, the form each witness who is not a party that spending bills, funding for Native mission of the Service; the witness has the right to request that the health care continues to lag far behind ‘‘(2) to undertake and conduct such other image and voice of that witness be obscured the level of need. activities as will further the health and during the witness’ testimony. To help close this gap, we must be wellness activities and opportunities of Na- (c) ADVISORY GUIDELINES.—The Judicial creative and tap other sources of funds tive Americans; and Conference of the United States may promul- for Native health including the private, ‘‘(3) to participate with and assist Federal, gate advisory guidelines to which a presiding tribal and non-profit sectors of our State, and tribal governments, agencies, en- judge, in the discretion of that judge, may economy. tities, and individuals in undertaking and refer in making decisions with respect to the The second bill I am introducing will conducting activities that will further the management and administration of do just that and will facilitate the con- health and wellness activities and opportuni- photographing, recording, broadcasting, or tribution of funds for purposes of Na- ties of Native Americans. televising described under subsections (a) tive health care by establishing a non- ‘‘(f) BOARD OF DIRECTORS.— and (b). ‘‘(1) IN GENERAL.—The Board of Directors SEC. 3. SUNSET. profit, charitable foundation to receive shall be the governing body of the Founda- The authority under section 2(b) shall ter- funds and in-kind contributions for tion. minate 3 years after the date of the enact- such purposes. ‘‘(2) POWERS.—The Board may exercise, or ment of this Act. This is not a radical step as similar provide for the exercise of, the powers of the foundations have been established for Foundation. By Mr. CAMPBELL (for himself other purposes. In recent years Con- ‘‘(3) SELECTION.— and Mr. INOUYE): gress has created both the American ‘‘(A) IN GENERAL.—Subject to subparagraph S. 555. A bill to establish the Native Indian Education Foundation and the (B), the number of members of the Board, the American Health and Wellness Founda- Fish and Wildlife Foundation, which manner of selection of the members (includ- tion, and for other purposes; to the have proven to be very successful in ing the filling of vacancies), and the terms of office of the members shall be as provided in Committee on Indian Affairs. achieving their purposes. the constitution and bylaws of the Founda- I urge my colleagues to join me in By Mr. CAMPBELL (for himself, tion. supporting these important bills. ‘‘(B) REQUIREMENTS.— Mr. INOUYE, and Mr. McCAIN): I ask unanimous consent that copies ‘‘(i) NUMBER OF MEMBERS.—The Board shall S. 556. A bill to amend the Indian of the bills be printed in the RECORD. have at least 11 members, 2 of whom shall be Health Care Improvement Act to revise There being no objection, the bills the Secretary and the Director of the Indian and extend that Act; to the Committee were ordered to be printed in the Health Service, who shall serve as nonvoting on Indian Affairs. RECORD, as follows: members. Mr. CAMPBELL. Mr. President today S. 555 ‘‘(ii) INITIAL VOTING MEMBERS.—The initial voting members of the Board— I am pleased to be joined by Senators Be it enacted by the Senate and House of Rep- ‘‘(I) shall be appointed by the Secretary INOUYE and MCCAIN in introducing two resentatives of the United States of America in not later than 180 days after the date on bills vitally important to the health of Congress assembled, which the Foundation is established; and SECTION 1. SHORT TITLE. Native Americans: the ‘‘Indian Health ‘‘(II) shall have staggered terms (as deter- This Act may be cited as the ‘‘Native Care Improvement Act Reauthoriza- mined by the Secretary). American Health and Wellness Foundation tion of 2003’’. ‘‘(iii) QUALIFICATION.—The members of the Act of 2003’’. It is an unfortunate fact that the Board shall be United States citizens who SEC. 2. NATIVE AMERICAN HEALTH AND are knowledgeable or experienced in Native health status of Native people in the WELLNESS FOUNDATION. American health care and related matters. United States is poor. In fact, in the (a) IN GENERAL.—The Indian Self-Deter- western hemisphere only the people of mination and Education Assistance Act (25 ‘‘(C) COMPENSATION.—A member of the Haiti are in worse shape. U.S.C. 450 et seq.) is amended by adding at Board shall not receive compensation for Alcohol, drug abuse, and mental ill- the end the following: service as a member, but shall be reimbursed for actual and necessary travel and subsist- ‘‘TITLE VIII—NATIVE AMERICAN HEALTH ness, tuberculosis, cancer, obesity and ence expenses incurred in the performance of AND WELLNESS FOUNDATION diabetes, heart disease, infant mor- the duties of the Foundation. ‘‘SEC. 801. DEFINITIONS. tality, and a host of related ‘‘(g) OFFICERS.— ‘‘In this title: pathologies plague Native people. ‘‘(1) IN GENERAL.—The officers of the Foun- Last fall’s reauthorization of the ‘‘(1) BOARD.—The term ‘Board’ means the dation shall be— Board of Directors of the Foundation. Special Indian Diabetes Program ‘‘(A) a secretary, elected from among the ‘‘(2) FOUNDATION.—The term ‘Foundation’ members of the Board; and showed the Federal commitment to means the Native American Health and ending the scourge of diabetes in Na- ‘‘(B) any other officers provided for in the Wellness Foundation established under sec- constitution and bylaws of the Foundation. tive communities. tion 802. ‘‘(2) SECRETARY.—The secretary of the The ‘‘Indian Health Care Improve- ‘‘(3) SECRETARY.—The term ‘Secretary’ Foundation shall serve, at the direction of ment Act Reauthorization of 2003’’ will means the Secretary of Health and Human the Board, as the chief operating officer of reauthorize the programs administered Services. the Foundation. ‘‘(4) SERVICE.—The term ‘Service’ means by the Indian Health Service and will ‘‘(3) ELECTION.—The manner of election, increase the direct management of the Indian Health Service of the Department term of office, and duties of the officers of of Health and Human Services. health care services by tribes, Native the Foundation shall be as provided in the ‘‘SEC. 802. NATIVE AMERICAN HEALTH AND constitution and bylaws of the Foundation. Alaskans and Urban Indian health cen- WELLNESS FOUNDATION. ‘‘(h) POWERS.—The Foundation— ters. ‘‘(a) IN GENERAL.—As soon as practicable ‘‘(1) shall adopt a constitution and bylaws This bill is the product of intense after the date of enactment of this title, the for the management of the property of the consultation between tribes, Native Secretary shall establish, under the laws of the District of Columbia and in accordance Foundation and the regulation of the affairs Alaskan health providers, and Urban of the Foundation; Indian health centers, and relevant with this title, the Native American Health and Wellness Foundation. ‘‘(2) may adopt and alter a corporate seal; Federal agencies and representatives of ‘‘(b) PERPETUAL EXISTENCE.—The Founda- ‘‘(3) may enter into contracts; the public and private health care sec- tion shall have perpetual existence. ‘‘(4) may acquire (through a gift or other- tors. ‘‘(c) NATURE OF CORPORATION.—The Foun- wise), own, lease, encumber, and transfer The efforts of the IHS and Native dation— real or personal property as necessary or health providers have been successful ‘‘(1) shall be a charitable and nonprofit fed- convenient to carry out the purposes of the erally chartered corporation; and Foundation; in improving the health status of Na- ‘‘(5) may sue and be sued; and tive people. Just in the last 10 years, ‘‘(2) shall not be an agency or instrumen- tality of the United States. ‘‘(6) may perform any other act necessary infant and maternal mortality rates ‘‘(d) PLACE OF INCORPORATION AND DOMI- and proper to carry out the purposes of the have declined by 30 percent and 40 per- CILE.—The Foundation shall be incorporated Foundation. cent, respectively. Similarly, tuber- and domiciled in the District of Columbia. ‘‘(i) PRINCIPAL OFFICE.—

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‘‘(1) IN GENERAL.—The principal office of ‘‘(1) are available; and ‘‘Sec. 104. Health professions pre- the Foundation shall be in the District of Co- ‘‘(2) are provided on reimbursable cost paratory scholarship program lumbia. basis.’’. for Indians. ‘‘(2) ACTIVITIES; OFFICES.—The activities of (b) TECHNICAL AMENDMENTS.—The Indian ‘‘Sec. 105. Indian health professions the Foundation may be conducted, and of- Self-Determination and Education Assist- scholarships. fices may be maintained, throughout the ance Act is amended— ‘‘Sec. 106. American Indians into psy- United States in accordance with the con- (1) by redesignating title V (as added by chology program. stitution and bylaws of the Foundation. section 1302 of the American Indian Edu- ‘‘Sec. 107. Indian Health Service extern ‘‘(j) SERVICE OF PROCESS.—The Foundation cation Foundation Act of 2000) (25 U.S.C. programs. shall comply with the law on service of proc- 458bbb et seq.)) as title VII; ‘‘Sec. 108. Continuing education allow- ess of each State in which the Foundation is (2) by redesignating sections 501, 502, and ances. incorporated and of each State in which the 503 (as added by section 1302 of the American ‘‘Sec. 109. Community health representa- Foundation carries on activities. Indian Education Foundation Act of 2000) as tive program. ‘‘(k) LIABILITY OF OFFICERS, EMPLOYEES, sections 701, 702, and 703, respectively; and ‘‘Sec. 110. Indian Health Service loan re- AND AGENTS.— (3) in subsection (a)(2) of section 702 and payment program. ‘‘(1) IN GENERAL.—The Foundation shall be paragraph (2) of section 703 (as redesignated ‘‘Sec. 111. Scholarship and loan repay- liable for the acts of the officers, employees, by paragraph (2)), by striking ‘‘section 501’’ ment recovery fund. and agents of the Foundation acting within and inserting ‘‘section 701’’. ‘‘Sec. 112. Recruitment activities. the scope of their authority. ‘‘Sec. 113. Tribal recruitment and reten- ‘‘(2) PERSONAL LIABILITY.—A member of the S. 556 tion program. Board shall be personally liable only for ‘‘Sec. 114. Advanced training and re- gross negligence in the performance of the Be it enacted by the Senate and House of Rep- resentatives of the United States of America in search. duties of the member. ‘‘Sec. 115. Nursing programs; Quentin ‘‘(l) RESTRICTIONS.— Congress assembled, N. Burdick American Indians ‘‘(1) LIMITATION ON SPENDING.—Beginning SECTION 1. SHORT TITLE; TABLE OF CONTENTS. into Nursing Program. with the fiscal year following the first full (a) SHORT TITLE.—This Act may be cited as ‘‘Sec. 116. Tribal culture and history. fiscal year during which the Foundation is in the ‘‘Indian Health Care Improvement Act ‘‘Sec. 117. INMED program. operation, the administrative costs of the Reauthorization of 2003’’. ‘‘Sec. 118. Health training programs of Foundation shall not exceed 10 percent of the (b) TABLE OF CONTENTS.—The table of con- community colleges. sum of— tents for this Act is as follows: ‘‘Sec. 119. Retention bonus. ‘‘(A) the amounts transferred to the Foun- Sec. 1. Short title. ‘‘Sec. 120. Nursing residency program. dation under subsection (m) during the pre- TITLE I—REAUTHORIZATION AND REVI- ‘‘Sec. 121. Community health aide pro- ceding fiscal year; and SIONS OF THE INDIAN HEALTH CARE gram for Alaska. ‘‘(B) donations received from private IMPROVEMENT ACT ‘‘Sec. 122. Tribal health program admin- sources during the preceding fiscal year. istration. ‘‘(2) APPOINTMENT AND HIRING.—The ap- Sec. 101. Amendment to the Indian Health ‘‘Sec. 123. Health professional chronic pointment of officers and employees of the Care Improvement Act. shortage demonstration Foundation shall be subject to the avail- TITLE II—CONFORMING AMENDMENTS project. ability of funds. TO THE SOCIAL SECURITY ACT ‘‘Sec. 124. Scholarships. ‘‘(3) STATUS.—A member of the Board or of- Subtitle A—Medicare ‘‘Sec. 125. National Health Service ficer, employee, or agent of the Foundation Sec. 201. Limitations on charges. Corps. shall not by reason of association with the Sec. 202. Qualified Indian health program. ‘‘Sec. 126. Substance abuse counselor Foundation be considered to be an officer, Subtitle B—Medicaid education demonstration employee, or agent of the United States. project. ‘‘(m) TRANSFER OF DONATED FUNDS.—The Sec. 211. State consultation with Indian Secretary may transfer to the Foundation health programs. ‘‘Sec. 127. Mental health training and funds held by the Department of Health and Sec. 212. Fmap for services provided by In- community education. Human Services under the Act of August 5, dian health programs. ‘‘Sec. 128. Authorization of appropria- 1954 (42 U.S.C. 2001 et seq.) if the transfer or Sec. 213. Indian Health Service programs. tions. use of the funds is not prohibited by any Subtitle C—State Children’s Health ‘‘TITLE II—HEALTH SERVICES term under which the funds were donated. Insurance Program ‘‘Sec. 201. Indian Health Care Improve- ‘‘(n) AUDITS.—The Foundation shall com- Sec. 221. Enhanced fmap for State children’s ment Fund. ply with section 10101 of title 36, United health insurance program. ‘‘Sec. 202. Catastrophic Health Emer- States Code, as if the Foundation were a cor- Sec. 222. Direct funding of State children’s gency Fund. poration under part B of subtitle II of that health insurance program. ‘‘Sec. 203. Health promotion and disease title. Subtitle D—Authorization of Appropriations prevention services. ‘‘SEC. 803. ADMINISTRATIVE SERVICES AND SUP- ‘‘Sec. 204. Diabetes prevention, treat- PORT. Sec. 231. Authorization of appropriations. ment, and control. ‘‘(a) PROVISION OF SUPPORT BY SEC- TITLE III—MISCELLANEOUS PROVISIONS ‘‘Sec. 205. Shared services. RETARY.—Subject to subsection (b), during Sec. 301. Repeals. the 5-year period beginning on the date on ‘‘Sec. 206. Health services research. Sec. 302. Severability provisions. which the Foundation is established, the ‘‘Sec. 207. Mammography and other can- Sec. 303. Effective date. Secretary— cer screening. ‘‘(1) may provide personnel, facilities, and TITLE I—REAUTHORIZATION AND REVI- ‘‘Sec. 208. Patient travel costs. other administrative support services to the SIONS OF THE INDIAN HEALTH CARE ‘‘Sec. 209. Epidemiology centers. Foundation; IMPROVEMENT ACT ‘‘Sec. 210. Comprehensive school health ‘‘(2) may provide funds to reimburse the SEC. 101. AMENDMENT TO THE INDIAN HEALTH education programs. travel expenses of the members of the Board; CARE IMPROVEMENT ACT. ‘‘Sec. 211. Indian youth program. and The Indian Health Care Improvement Act ‘‘Sec. 212. Prevention, control, and ‘‘(3) shall require and accept reimburse- (25 U.S.C. 1601 et seq.) is amended to read as elimination of communicable ments from the Foundation for— follows: and infectious diseases. ‘‘Sec. 213. Authority for provision of ‘‘(A) services provided under paragraph (1); ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. other services. and ‘‘(a) SHORT TITLE.—This Act may be cited ‘‘Sec. 214. Indian women’s health care. ‘‘(B) funds provided under paragraph (2). as the ‘Indian Health Care Improvement ‘‘Sec. 215. Environmental and nuclear ‘‘(b) REIMBURSEMENT.—Reimbursements Act’. health hazards. accepted under subsection (a)(3)— ‘‘(b) TABLE OF CONTENTS.—The table of ‘‘Sec. 216. Arizona as a contract health ‘‘(1) shall be deposited in the Treasury of contents for this Act is as follows: the United States to the credit of the appli- service delivery area. ‘‘Sec. 1. Short title; table of contents. cable appropriations account; and ‘‘Sec. 216A. North Dakota as a contract ‘‘Sec. 2. Findings. health service delivery area. ‘‘(2) shall be chargeable for the cost of pro- ‘‘Sec. 3. Declaration of health objec- viding services described in subsection (a)(1) ‘‘Sec. 216B. South Dakota as a contract tives. health service delivery area. and travel expenses described in subsection ‘‘Sec. 4. Definitions. (a)(2). ‘‘Sec. 217. California contract health ‘‘(c) CONTINUATION OF CERTAIN SERVICES.— ‘‘TITLE I—INDIAN HEALTH, HUMAN services demonstration pro- The Secretary may continue to provide fa- RESOURCES AND DEVELOPMENT gram. cilities and necessary support services to the ‘‘Sec. 101. Purpose. ‘‘Sec. 218. California as a contract health Foundation after the termination of the 5- ‘‘Sec. 102. General requirements. service delivery area. year period specified in subsection (a) if the ‘‘Sec. 103. Health professions recruit- ‘‘Sec. 219. Contract health services for facilities and services— ment program for Indians. the Trenton service area.

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0655 E:\CR\FM\A06MR6.094 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3279 ‘‘Sec. 220. Programs operated by Indian ‘‘Sec. 421. Estate recovery provisions. ‘‘Sec. 713. Behavioral mental health re- tribes and tribal organizations. ‘‘Sec. 422. Medical child support. search. ‘‘Sec. 221. Licensing. ‘‘Sec. 423. Provisions relating to man- ‘‘Sec. 714. Definitions. ‘‘Sec. 222. Authorization for emergency aged care. ‘‘Sec. 715. Authorization of appropria- contract health services. ‘‘Sec. 424. Navajo Nation medicaid agen- tions. ‘‘Sec. 223. Prompt action on payment of cy. ‘‘TITLE VIII—MISCELLANEOUS claims. ‘‘Sec. 425. Indian advisory committees. ‘‘Sec. 801. Reports. ‘‘Sec. 224. Liability for payment. ‘‘Sec. 426. Authorization of appropria- ‘‘Sec. 225. Authorization of appropria- ‘‘Sec. 802. Regulations. tions. ‘‘Sec. 803. Plan of implementation. tions. ‘‘TITLE V—HEALTH SERVICES FOR ‘‘Sec. 804. Availability of funds. ‘‘TITLE III—FACILITIES URBAN INDIANS ‘‘Sec. 805. Limitation on use of funds ap- ‘‘Sec. 301. Consultation, construction propriated to the Indian Health ‘‘Sec. 501. Purpose. and renovation of facilities; re- Service. ‘‘Sec. 502. Contracts with, and grants to, ports. ‘‘Sec. 806. Eligibility of California Indi- ‘‘Sec. 302. Safe water and sanitary waste urban Indian organizations. ans. disposal facilities. ‘‘Sec. 503. Contracts and grants for the ‘‘Sec. 807. Health services for ineligible ‘‘Sec. 303. Preference to Indians and In- provision of health care and re- persons. dian firms. ferral services. ‘‘Sec. 808. Reallocation of base re- ‘‘Sec. 304. Soboba sanitation facilities. ‘‘Sec. 504. Contracts and grants for the sources. ‘‘Sec. 305. Expenditure of nonservice determination of unmet health ‘‘Sec. 809. Results of demonstration funds for renovation. care needs. projects. ‘‘Sec. 306. Funding for the construction, ‘‘Sec. 505. Evaluations; renewals. ‘‘Sec. 810. Provision of services in Mon- expansion, and modernization ‘‘Sec. 506. Other contract and grant re- tana. of small ambulatory care facili- quirements. ‘‘Sec. 811. Moratorium. ties. ‘‘Sec. 507. Reports and records. ‘‘Sec. 812. Tribal employment. ‘‘Sec. 307. Indian health care delivery ‘‘Sec. 508. Limitation on contract au- ‘‘Sec. 813. Prime vendor. demonstration project. thority. ‘‘Sec. 814. National Bi-Partisan Commis- ‘‘Sec. 308. Land transfer. ‘‘Sec. 509. Facilities. sion on Indian Health Care En- ‘‘Sec. 309. Leases. ‘‘Sec. 510. Office of Urban Indian Health. titlement. ‘‘Sec. 310. Loans, loan guarantees and ‘‘Sec. 511. Grants for alcohol and sub- ‘‘Sec. 815. Appropriations; availability. loan repayment. stance abuse related services. ‘‘Sec. 816. Authorization of appropria- ‘‘Sec. 311. Tribal leasing. ‘‘Sec. 512. Treatment of certain dem- tions. ‘‘Sec. 312. Indian Health Service/tribal onstration projects. ‘‘SEC. 2. FINDINGS. facilities joint venture pro- ‘‘Sec. 513. Urban NIAAA transferred pro- ‘‘Congress makes the following findings: gram. grams. ‘‘(1) Federal delivery of health services and ‘‘Sec. 313. Location of facilities. ‘‘Sec. 514. Consultation with urban In- funding of tribal and urban Indian health ‘‘Sec. 314. Maintenance and improve- dian organizations. programs to maintain and improve the ment of health care facilities. ‘‘Sec. 315. Tribal management of Feder- ‘‘Sec. 515. Federal Tort Claims Act cov- health of the Indians are consonant with and ally-owned quarters. erage. required by the Federal Government’s his- ‘‘Sec. 316. Applicability of buy American ‘‘Sec. 516. Urban youth treatment center torical and unique legal relationship with requirement. demonstration. the American Indian people, as reflected in ‘‘Sec. 317. Other funding for facilities. ‘‘Sec. 517. Use of Federal government fa- the Constitution, treaties, Federal laws, and ‘‘Sec. 318. Authorization of appropria- cilities and sources of supply. the course of dealings of the United States tions. ‘‘Sec. 518. Grants for diabetes preven- with Indian Tribes, and the United States’ ‘‘TITLE IV—ACCESS TO HEALTH tion, treatment and control. resulting government to government and SERVICES ‘‘Sec. 519. Community health representa- trust responsibility and obligations to the tives. American Indian people. ‘‘Sec. 401. Treatment of payments under ‘‘Sec. 520. Regulations. ‘‘(2) From the time of European occupation medicare program. ‘‘Sec. 402. Treatment of payments under ‘‘Sec. 521. Authorization of appropria- and colonization through the 20th century, medicaid program. tions. the policies and practices of the United ‘‘Sec. 403. Report. ‘‘TITLE VI—ORGANIZATIONAL States caused or contributed to the severe ‘‘Sec. 404. Grants to and funding agree- IMPROVEMENTS health conditions of Indians. ‘‘(3) Indian Tribes have, through the ces- ments with the service, Indian ‘‘Sec. 601. Establishment of the Indian sion of over 400,000,000 acres of land to the tribes or tribal organizations, Health Service as an agency of United States in exchange for promises, and urban Indian organizations. the Public Health Service. often reflected in treaties, of health care se- ‘‘Sec. 405. Direct billing and reimburse- ‘‘Sec. 602. Automated management in- cured a de facto contract that entitles Indi- ment of medicare, medicaid, formation system. ans to health care in perpetuity, based on and other third party payors. ‘‘Sec. 603. Authorization of appropria- ‘‘Sec. 406. Reimbursement from certain the moral, legal, and historic obligation of tions. third parties of costs of health the United States. services. ‘‘TITLE VII—BEHAVIORAL HEALTH ‘‘(4) The population growth of the Indian ‘‘Sec. 407. Crediting of reimbursements. PROGRAMS people that began in the later part of the ‘‘Sec. 408. Purchasing health care cov- ‘‘Sec. 701. Behavioral health prevention 20th century increases the need for Federal erage. and treatment services. health care services. ‘‘Sec. 409. Indian Health Service, Depart- ‘‘Sec. 702. Memorandum of agreement ‘‘(5) A major national goal of the United ment of Veteran’s Affairs, and with the Department of the In- States is to provide the quantity and quality other Federal agency health fa- terior. of health services which will permit the cilities and services sharing. ‘‘Sec. 703. Comprehensive behavioral health status of Indians, regardless of where ‘‘Sec. 410. Payor of last resort. health prevention and treat- they live, to be raised to the highest possible ‘‘Sec. 411. Right to recover from Federal ment program. level, a level that is not less than that of the health care programs. ‘‘Sec. 704. Mental health technician pro- general population, and to provide for the ‘‘Sec. 412. Tuba City demonstration gram. maximum participation of Indian Tribes, project. ‘‘Sec. 705. Licensing requirement for tribal organizations, and urban Indian orga- ‘‘Sec. 413. Access to Federal insurance. mental health care workers. nizations in the planning, delivery, and man- ‘‘Sec. 414. Consultation and rulemaking. ‘‘Sec. 415. Limitations on charges. ‘‘Sec. 706. Indian women treatment pro- agement of those services. ‘‘Sec. 416. Limitation on Secretary’s grams. ‘‘(6) Federal health services to Indians waiver authority. ‘‘Sec. 707. Indian youth program. have resulted in a reduction in the preva- ‘‘Sec. 417. Waiver of medicare and med- ‘‘Sec. 708. Inpatient and community- lence and incidence of illnesses among, and icaid sanctions. based mental health facilities unnecessary and premature deaths of, Indi- ‘‘Sec. 418. Meaning of ‘remuneration’ for design, construction and staff- ans. purposes of safe harbor provi- ing assessment. ‘‘(7) Despite such services, the unmet sions; antitrust immunity. ‘‘Sec. 709. Training and community edu- health needs of the American Indian people ‘‘Sec. 419. Co-insurance, co-payments, cation. remain alarmingly severe, and even continue deductibles and premiums. ‘‘Sec. 710. Behavioral health program. to increase, and the health status of the In- ‘‘Sec. 420. Inclusion of income and re- ‘‘Sec. 711. Fetal alcohol disorder fund- dians is far below the health status of the sources for purposes of medi- ing. general population of the United States. cally needy medicaid eligi- ‘‘Sec. 712. Child sexual abuse and preven- ‘‘(8) The disparity in health status that is bility. tion treatment programs. to be addressed is formidable. In death rates

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.095 S06PT1 S3280 CONGRESSIONAL RECORD — SENATE March 6, 2003 for example, Indian people suffer a death transfer funds for the planning, conduct, and health needs to warrant assistance under rate for diabetes mellitus that is 249 percent administration of programs, functions, serv- title V, as determined by the Secretary. higher than the death rate for all races in ices and activities to Tribes and tribal orga- ‘‘(22) URBAN INDIAN.—The term ‘urban In- the United States, a pneumonia and influ- nizations from the Secretary under the au- dian’ means any individual who resides in an enza death rate that is 71 percent higher, a thority of the Indian Self-Determination and urban center and who— tuberculosis death rate that is 533 percent Education Assistance Act. ‘‘(A) for purposes of title V and regardless higher, and a death rate from alcoholism ‘‘(8) HEALTH PROFESSION.—The term ‘health of whether such individual lives on or near a that is 627 percent higher. profession’ means allopathic medicine, fam- reservation, is a member of a tribe, band or ‘‘SEC. 3. DECLARATION OF HEALTH OBJECTIVES. ily medicine, internal medicine, pediatrics, other organized group of Indians, including ‘‘Congress hereby declares that it is the geriatric medicine, obstetrics and gyne- those tribes, bands or groups terminated policy of the United States, in fulfillment of cology, podiatric medicine, nursing, public since 1940 and those tribes, bands or groups its special trust responsibilities and legal ob- health nursing, dentistry, psychiatry, oste- that are recognized by the States in which ligations to the American Indian people— opathy, optometry, pharmacy, psychology, they reside, or who is a descendant in the ‘‘(1) to assure the highest possible health public health, social work, marriage and first or second degree of any such member; status for Indians and to provide all re- family therapy, chiropractic medicine, envi- ‘‘(B) is an Eskimo or Aleut or other Alas- sources necessary to effect that policy; ronmental health and engineering, and allied kan Native; ‘‘(2) to raise the health status of Indians by health professions, or any other health pro- ‘‘(C) is considered by the Secretary of the the year 2010 to at least the levels set forth fession. Interior to be an Indian for any purpose; or in the goals contained within the Healthy ‘‘(9) HEALTH PROMOTION; DISEASE PREVEN- ‘‘(D) is determined to be an Indian under People 2010, or any successor standards TION.—The terms ‘health promotion’ and regulations promulgated by the Secretary. thereto; ‘disease prevention’ shall have the meanings ‘‘(23) URBAN INDIAN ORGANIZATION.—The ‘‘(3) in order to raise the health status of given such terms in paragraphs (1) and (2) of term ‘urban Indian organization’ means a Indian people to at least the levels set forth section 203(c). nonprofit corporate body situated in an in the goals contained within the Healthy ‘‘(10) INDIAN.—The term ‘Indian’ and ‘Indi- urban center, governed by an urban Indian People 2010, or any successor standards ans’ shall have meanings given such terms controlled board of directors, and providing thereto, to permit Indian Tribes and tribal for purposes of the Indian Self-Determina- for the participation of all interested Indian organizations to set their own health care tion and Education Assistance Act. groups and individuals, and which is capable priorities and establish goals that reflect ‘‘(11) INDIAN HEALTH PROGRAM.—The term of legally cooperating with other public and their unmet needs; ‘Indian health program’ shall have the mean- private entities for the purpose of per- ‘‘(4) to increase the proportion of all de- ing given such term in section 110(a)(2)(A). forming the activities described in section grees in the health professions and allied and ‘‘(12) INDIAN TRIBE.—The term ‘Indian 503(a). associated health professions awarded to In- tribe’ shall have the meaning given such ‘‘TITLE I—INDIAN HEALTH, HUMAN dians so that the proportion of Indian health term in section 4(e) of the Indian Self Deter- RESOURCES AND DEVELOPMENT professionals in each geographic service area mination and Education Assistance Act. ‘‘SEC. 101. PURPOSE. is raised to at least the level of that of the ‘‘(13) RESERVATION.—The term ‘reservation’ ‘‘The purpose of this title is to increase, to general population; means any Federally recognized Indian the maximum extent feasible, the number of ‘‘(5) to require meaningful, active con- tribe’s reservation, Pueblo or colony, includ- Indians entering the health professions and sultation with Indian Tribes, Indian organi- ing former reservations in Oklahoma, Alaska providing health services, and to assure an zations, and urban Indian organizations to Native Regions established pursuant to the optimum supply of health professionals to implement this Act and the national policy Alaska Native Claims Settlement Act, and the Service, Indian tribes, tribal organiza- of Indian self-determination; and Indian allotments. tions, and urban Indian organizations in- ‘‘(6) that funds for health care programs ‘‘(14) SECRETARY.—The term ‘Secretary’, volved in the provision of health services to and facilities operated by Tribes and tribal unless specifically provided otherwise, Indian people. organizations be provided in amounts that means the Secretary of Health and Human ‘‘SEC. 102. GENERAL REQUIREMENTS. are not less than the funds that are provided Services. ‘‘(a) SERVICE AREA PRIORITIES.—Unless spe- to programs and facilities operated directly ‘‘(15) SERVICE.—The term ‘Service’ means cifically provided otherwise, amounts appro- by the Service. the Indian Health Service. priated for each fiscal year to carry out each ‘‘SEC. 4. DEFINITIONS. ‘‘(16) SERVICE AREA.—The term ‘service program authorized under this title shall be ‘‘In this Act: area’ means the geographical area served by allocated by the Secretary to the area office ‘‘(1) ACCREDITED AND ACCESSIBLE.—The each area office. of each service area using a formula— term ‘accredited and accessible’, with re- ‘‘(17) SERVICE UNIT.—The term ‘service ‘‘(1) to be developed in consultation with spect to an entity, means a community col- unit’ means— Indian Tribes, tribal organizations and urban lege or other appropriate entity that is on or ‘‘(A) an administrative entity within the Indian organizations; near a reservation and accredited by a na- Indian Health Service; or ‘‘(2) that takes into account the human re- tional or regional organization with accred- ‘‘(B) a tribe or tribal organization oper- source and development needs in each such iting authority. ating health care programs or facilities with service area; and ‘‘(2) AREA OFFICE.—The term ‘area office’ funds from the Service under the Indian Self- ‘‘(3) that weighs the allocation of amounts means an administrative entity including a Determination and Education Assistance appropriated in favor of those service areas program office, within the Indian Health Act, through which services are provided, di- where the health status of Indians within the Service through which services and funds are rectly or by contract, to the eligible Indian area, as measured by life expectancy based provided to the service units within a defined population within a defined geographic area. upon the most recent data available, is sig- geographic area. ‘‘(18) TRADITIONAL HEALTH CARE PRAC- nificantly lower than the average health sta- ‘‘(3) ASSISTANT SECRETARY.—The term ‘As- TICES.—The term ‘traditional health care tus for Indians in all service areas, except sistant Secretary’ means the Assistant Sec- practices’ means the application by Native that amounts allocated to each such area retary of the Indian Health as established healing practitioners of the Native healing using such a weighted allocation formula under section 601. sciences (as opposed or in contradistinction shall not be less than the amounts allocated ‘‘(4) CONTRACT HEALTH SERVICE.—The term to western healing sciences) which embodies to each such area in the previous fiscal year. ‘contract health service’ means a health the influences or forces of innate tribal dis- ‘‘(b) CONSULTATION.—Each area office re- service that is provided at the expense of the covery, history, description, explanation and ceiving funds under this title shall actively Service, Indian Tribe, or tribal organization knowledge of the states of wellness and ill- and continuously consult with representa- by a public or private medical provider or ness and which calls upon these influences or tives of Indian tribes, tribal organizations, hospital, other than a service funded under forces, including physical, mental, and spir- and urban Indian organizations to prioritize the Indian Self-Determination and Edu- itual forces in the promotion, restoration, the utilization of funds provided under this cation Assistance Act or under this Act. preservation and maintenance of health, title within the service area. ‘‘(5) DEPARTMENT.—The term ‘Department’, well-being, and life’s harmony. ‘‘(c) REALLOCATION.—Unless specifically unless specifically provided otherwise, ‘‘(19) TRIBAL ORGANIZATION.—The term prohibited, an area office may reallocate means the Department of Health and Human ‘tribal organization’ shall have the meaning funds provided to the office under this title Services. given such term in section 4(l) of the Indian among the programs authorized by this title, ‘‘(6) FUND.—The terms ‘fund’ or ‘funding’ Self Determination and Education Assist- except that scholarship and loan repayment mean the transfer of monies from the De- ance Act. funds shall not be used for administrative partment to any eligible entity or individual ‘‘(20) TRIBALLY CONTROLLED COMMUNITY functions or expenses. under this Act by any legal means, including COLLEGE.—The term ‘tribally controlled ‘‘(d) LIMITATION.—This section shall not funding agreements, contracts, memoranda community college’ shall have the meaning apply with respect to individual recipients of of understanding, Buy Indian Act contracts, given such term in section 126 (g)(2). scholarships, loans or other funds provided or otherwise. ‘‘(21) URBAN CENTER.—The term ‘urban cen- under this title (as this title existed 1 day ‘‘(7) FUNDING AGREEMENT.—The term ‘fund- ter’ means any community that has a suffi- prior to the date of enactment of this Act) ing agreement’ means any agreement to cient urban Indian population with unmet until such time as the individual completes

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the course of study that is supported through ‘‘(b) PURPOSE.—Scholarships provided health care needs of a substantial number of the use of such funds. under this section shall be for the following Indians. ‘‘SEC. 103. HEALTH PROFESSIONS RECRUITMENT purposes: ‘‘(B) DEFERRING ACTIVE SERVICE.—At the PROGRAM FOR INDIANS. ‘‘(1) Compensatory preprofessional edu- request of any Indian who has entered into a ‘‘(a) IN GENERAL.—The Secretary, acting cation of any recipient. Such scholarship contract referred to in subparagraph (A) and through the Service, shall make funds avail- shall not exceed 2 years on a full-time basis who receives a degree in medicine (including able through the area office to public or non- (or the part-time equivalent thereof, as de- osteopathic or allopathic medicine), den- profit private health entities, or Indian termined by the area office pursuant to regu- tistry, optometry, podiatry, or pharmacy, tribes or tribal organizations to assist such lations promulgated under this Act). the Secretary shall defer the active duty entities in meeting the costs of— ‘‘(2) Pregraduate education of any recipi- service obligation of that individual under ‘‘(1) identifying Indians with a potential ent leading to a baccalaureate degree in an that contract, in order that such individual for education or training in the health pro- approved course of study preparatory to a may complete any internship, residency, or fessions and encouraging and assisting field of study in a health profession, such other advanced clinical training that is re- them— scholarship not to exceed 4 years (or the quired for the practice of that health profes- ‘‘(A) to enroll in courses of study in such part-time equivalent thereof, as determined sion, for an appropriate period (in years, as health professions; or by the area office pursuant to regulations determined by the Secretary), subject to the ‘‘(B) if they are not qualified to enroll in promulgated under this Act) except that an following conditions: any such courses of study, to undertake such extension of up to 2 years may be approved ‘‘(i) No period of internship, residency, or postsecondary education or training as may by the Secretary. other advanced clinical training shall be be required to qualify them for enrollment; ‘‘(c) USE OF SCHOLARSHIP.—Scholarships counted as satisfying any period of obligated ‘‘(2) publicizing existing sources of finan- made under this section may be used to service that is required under this section. cial aid available to Indians enrolled in any cover costs of tuition, books, transportation, ‘‘(ii) The active duty service obligation of course of study referred to in paragraph (1) board, and other necessary related expenses that individual shall commence not later or who are undertaking training necessary of a recipient while attending school. than 90 days after the completion of that ad- to qualify them to enroll in any such course ‘‘(d) LIMITATIONS.—Scholarship assistance vanced clinical training (or by a date speci- of study; or to an eligible applicant under this section fied by the Secretary). ‘‘(3) establishing other programs which the shall not be denied solely on the basis of— ‘‘(iii) The active duty service obligation area office determines will enhance and fa- ‘‘(1) the applicant’s scholastic achievement will be served in the health profession of cilitate the enrollment of Indians in, and the if such applicant has been admitted to, or that individual, in a manner consistent with subsequent pursuit and completion by them maintained good standing at, an accredited clauses (i) through (iv) of subparagraph (A). of, courses of study referred to in paragraph institution; or ‘‘(C) NEW SCHOLARSHIP RECIPIENTS.—A re- cipient of an Indian Health Scholarship that (1). ‘‘(2) the applicant’s eligibility for assist- is awarded after December 31, 2003, shall ‘‘(b) ADMINISTRATIVE PROVISIONS.— ance or benefits under any other Federal pro- meet the active duty service obligation ‘‘(1) APPLICATION.—To be eligible to receive gram. funds under this section an entity described under such scholarship by providing service in subsection (a) shall submit to the Sec- ‘‘SEC. 105. INDIAN HEALTH PROFESSIONS SCHOL- within the service area from which the schol- ARSHIPS. retary, through the appropriate area office, arship was awarded. In placing the recipient ‘‘(a) SCHOLARSHIPS.— and have approved, an application in such for active duty the area office shall give pri- ‘‘(1) IN GENERAL.—In order to meet the form, submitted in such manner, and con- ority to the program that funded the recipi- needs of Indians, Indian tribes, tribal organi- taining such information as the Secretary ent, except that in cases of special cir- zations, and urban Indian organizations for shall by regulation prescribe. cumstances, a recipient may be placed in a health professionals, the Secretary, acting ‘‘(2) PREFERENCE.—In awarding funds under different service area pursuant to an agree- through the Service and in accordance with this section, the area office shall give a pref- ment between the areas or programs in- this section, shall provide scholarships erence to applications submitted by Indian volved. through the area offices to Indians who are tribes, tribal organizations, or urban Indian ‘‘(D) PRIORITY IN ASSIGNMENT.—Subject to enrolled full or part time in accredited organizations. subparagraph (C), the area office, in making schools and pursuing courses of study in the ‘‘(3) AMOUNT.—The amount of funds to be assignments of Indian Health Scholarship re- health professions. Such scholarships shall provided to an eligible entity under this sec- cipients required to meet the active duty be designated Indian Health Scholarships tion shall be determined by the area office. service obligation described in subparagraph and shall, except as provided in subsection Payments under this section may be made in (A), shall give priority to assigning individ- (b), be made in accordance with section 338A advance or by way of reimbursement, and at uals to service in those programs specified in of the Public Health Service Act (42 U.S.C. such intervals and on such conditions as pro- subparagraph (A) that have a need for health 254l). vided for in regulations promulgated pursu- professionals to provide health care services ‘‘(2) NO DELEGATION.—The Director of the ant to this Act. as a result of individuals having breached Service shall administer this section and ‘‘(4) TERMS.—A funding commitment under contracts entered into under this section. shall not delegate any administrative func- this section shall, to the extent not other- ‘‘(3) PART-TIME ENROLLMENT.—In the case tions under a funding agreement pursuant to wise prohibited by law, be for a term of 3 of an Indian receiving a scholarship under the Indian Self-Determination and Edu- years, as provided for in regulations promul- this section who is enrolled part time in an cation Assistance Act. gated pursuant to this Act. approved course of study— ‘‘(c) DEFINITION.—For purposes of this sec- ‘‘(b) ELIGIBILITY.— ‘‘(A) such scholarship shall be for a period tion and sections 104 and 105, the terms ‘In- ‘‘(1) ENROLLMENT.—An Indian shall be eli- of years not to exceed the part-time equiva- dian’ and ‘Indians’ shall, in addition to the gible for a scholarship under subsection (a) lent of 4 years, as determined by the appro- definition provided for in section 4, mean in any year in which such individual is en- priate area office; any individual who— rolled full or part time in a course of study ‘‘(B) the period of obligated service de- ‘‘(1) irrespective of whether such individual referred to in subsection (a)(1). scribed in paragraph (2)(A) shall be equal to lives on or near a reservation, is a member of ‘‘(2) SERVICE OBLIGATION.— the greater of— a tribe, band, or other organized group of In- ‘‘(A) PUBLIC HEALTH SERVICE ACT.—The ac- ‘‘(i) the part-time equivalent of 1 year for dians, including those Tribes, bands, or tive duty service obligation under a written each year for which the individual was pro- groups terminated since 1940; contract with the Secretary under section vided a scholarship (as determined by the ‘‘(2) is an Eskimo or Aleut or other Alaska 338A of the Public Health Service Act (42 area office); or Native; U.S.C. 254l) that an Indian has entered into ‘‘(ii) two years; and ‘‘(3) is considered by the Secretary of the under that section shall, if that individual is ‘‘(C) the amount of the monthly stipend Interior to be an Indian for any purpose; or a recipient of an Indian Health Scholarship, specified in section 338A(g)(1)(B) of the Pub- ‘‘(4) is determined to be an Indian under be met in full-time practice on an equivalent lic Health Service Act (42 U.S.C. 254l(g)(1)(B)) regulations promulgated by the Secretary. year for year obligation, by service— shall be reduced pro rata (as determined by ‘‘SEC. 104. HEALTH PROFESSIONS PREPARATORY ‘‘(i) in the Indian Health Service; the Secretary) based on the number of hours SCHOLARSHIP PROGRAM FOR INDI- ‘‘(ii) in a program conducted under a fund- such student is enrolled. ANS. ing agreement entered into under the Indian ‘‘(4) BREACH OF CONTRACT.— ‘‘(a) IN GENERAL.—The Secretary, acting Self-Determination and Education Assist- ‘‘(A) IN GENERAL.—An Indian who has, on through the Service, shall provide scholar- ance Act; or after the date of the enactment of this ships through the area offices to Indians ‘‘(iii) in a program assisted under title V; paragraph, entered into a written contract who— or with the area office pursuant to a scholar- ‘‘(1) have successfully completed their high ‘‘(iv) in the private practice of the applica- ship under this section and who— school education or high school equivalency; ble profession if, as determined by the Sec- ‘‘(i) fails to maintain an acceptable level of and retary, in accordance with guidelines pro- academic standing in the educational insti- ‘‘(2) have demonstrated the capability to mulgated by the Secretary, such practice is tution in which he or she is enrolled (such successfully complete courses of study in the situated in a physician or other health pro- level determined by the educational institu- health professions. fessional shortage area and addresses the tion under regulations of the Secretary);

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.095 S06PT1 S3282 CONGRESSIONAL RECORD — SENATE March 6, 2003 ‘‘(ii) is dismissed from such educational in- surances and information as consistent with he or she has been provided a scholarship stitution for disciplinary reasons; this section. under such contract before the completion of ‘‘(iii) voluntarily terminates the training ‘‘(2) REQUIREMENTS.— such training; or in such an educational institution for which ‘‘(A) IN GENERAL.—An Indian Tribe or trib- ‘‘(iv) fails to accept payment, or instructs he or she is provided a scholarship under al organization receiving funds under para- the educational institution in which he or such contract before the completion of such graph (1) shall agree to provide scholarships she is enrolled not to accept payment, in training; or to Indians in accordance with the require- whole or in part, of a scholarship under such ‘‘(iv) fails to accept payment, or instructs ments of this subsection. contract, in lieu of any service obligation the educational institution in which he or ‘‘(B) MATCHING REQUIREMENT.—With re- arising under such contract; she is enrolled not to accept payment, in spect to the costs of providing any scholar- shall be liable to the United States for the whole or in part, of a scholarship under such ship pursuant to subparagraph (A)— Federal share of the amount which has been contract; ‘‘(i) 80 percent of the costs of the scholar- paid to him or her, or on his or her behalf, in lieu of any service obligation arising ship shall be paid from the funds provided under the contract. under such contract, shall be liable to the under paragraph (1) to the Indian Tribe or ‘‘(B) FAILURE TO PERFORM SERVICE OBLIGA- United States for the amount which has been tribal organization; and TION.—If for any reason not specified in sub- paid to him or her, or on his or her behalf, ‘‘(ii) 20 percent of such costs shall be paid paragraph (A), an individual breaches his or under the contract. from any other source of funds. her written contract by failing to either ‘‘(B) FAILURE TO PERFORM SERVICE OBLIGA- ‘‘(3) ELIGIBILITY.—An Indian Tribe or tribal begin such individual’s service obligation re- TION.—If for any reason not specified in sub- organization shall provide scholarships quired under such contract or to complete paragraph (A) an individual breaches his or under this subsection only to Indians who such service obligation, the United States her written contract by failing either to are enrolled or accepted for enrollment in a shall be entitled to recover from the indi- begin such individual’s service obligation course of study (approved by the Secretary) vidual an amount determined in accordance under this section or to complete such serv- in one of the health professions described in with the formula specified in subsection (l) ice obligation, the United States shall be en- this Act. of section 110 in the manner provided for in titled to recover from the individual an ‘‘(4) CONTRACTS.—In providing scholarships such subsection. amount determined in accordance with the under paragraph (1), the Secretary and the ‘‘(C) INFORMATION.—The Secretary may formula specified in subsection (l) of section Indian Tribe or tribal organization shall carry out this subsection on the basis of in- 110 in the manner provided for in such sub- enter into a written contract with each re- formation received from Indian Tribes or section. cipient of such scholarship. Such contract tribal organizations involved, or on the basis ‘‘(C) DEATH.—Upon the death of an indi- shall— of information collected through such other vidual who receives an Indian Health Schol- ‘‘(A) obligate such recipient to provide means as the Secretary deems appropriate. arship, any obligation of that individual for service in an Indian health program (as de- ‘‘(6) REQUIRED AGREEMENTS.—The recipient service or payment that relates to that fined in section 110(a)(2)(A)) in the same of a scholarship under paragraph (1) shall scholarship shall be canceled. service area where the Indian Tribe or tribal agree, in providing health care pursuant to ‘‘(D) WAIVER.—The Secretary shall provide organization providing the scholarship is lo- the requirements of this subsection— for the partial or total waiver or suspension cated, for— ‘‘(A) not to discriminate against an indi- of any obligation of service or payment of a ‘‘(i) a number of years equal to the number vidual seeking care on the basis of the abil- recipient of an Indian Health Scholarship if of years for which the scholarship is provided ity of the individual to pay for such care or the Secretary, in consultation with the ap- (or the part-time equivalent thereof, as de- on the basis that payment for such care will propriate area office, Indian tribe, tribal or- termined by the Secretary), or for a period of be made pursuant to the program established ganization, and urban Indian organization, 2 years, whichever period is greater; or in title XVIII of the Social Security Act or determines that— ‘‘(ii) such greater period of time as the re- pursuant to the programs established in title ‘‘(i) it is not possible for the recipient to cipient and the Indian Tribe or tribal organi- XIX of such Act; and meet that obligation or make that payment; zation may agree; ‘‘(B) to accept assignment under section ‘‘(ii) requiring that recipient to meet that ‘‘(B) provide that the scholarship— 1842(b)(3)(B)(ii) of the Social Security Act for obligation or make that payment would re- ‘‘(i) may only be expended for— all services for which payment may be made sult in extreme hardship to the recipient; or ‘‘(I) tuition expenses, other reasonable edu- under part B of title XVIII of such Act, and ‘‘(iii) the enforcement of the requirement cational expenses, and reasonable living ex- to enter into an appropriate agreement with to meet the obligation or make the payment penses incurred in attendance at the edu- the State agency that administers the State would be unconscionable. cational institution; and plan for medical assistance under title XIX ‘‘(E) HARDSHIP OR GOOD CAUSE.—Notwith- ‘‘(II) payment to the recipient of a month- standing any other provision of law, in any ly stipend of not more than the amount au- of such Act to provide service to individuals case of extreme hardship or for other good thorized by section 338(g)(1)(B) of the Public entitled to medical assistance under the cause shown, the Secretary may waive, in Health Service Act (42 U.S.C. 254m(g)(1)(B), plan. whole or in part, the right of the United such amount to be reduced pro rata (as de- ‘‘(7) PAYMENTS.—The Secretary, through States to recover funds made available under termined by the Secretary) based on the the area office, shall make payments under this section. number of hours such student is enrolled, this subsection to an Indian Tribe or tribal organization for any fiscal year subsequent ‘‘(F) BANKRUPTCY.—Notwithstanding any and may not exceed, for any year of attend- other provision of law, with respect to a re- ance which the scholarship is provided, the to the first fiscal year of such payments un- cipient of an Indian Health Scholarship, no total amount required for the year for the less the Secretary or area office determines obligation for payment may be released by a purposes authorized in this clause; and that, for the immediately preceding fiscal discharge in bankruptcy under title 11, ‘‘(ii) may not exceed, for any year of at- year, the Indian Tribe or tribal organization United States Code, unless that discharge is tendance which the scholarship is provided, has not complied with the requirements of granted after the expiration of the 5-year pe- the total amount required for the year for this subsection. riod beginning on the initial date on which the purposes authorized in clause (i); ‘‘SEC. 106. AMERICAN INDIANS INTO PSY- CHOLOGY PROGRAM. that payment is due, and only if the bank- ‘‘(C) require the recipient of such scholar- ‘‘(a) IN GENERAL.—Notwithstanding section ruptcy court finds that the nondischarge of ship to maintain an acceptable level of aca- 102, the Secretary shall provide funds to at the obligation would be unconscionable. demic standing as determined by the edu- least 3 colleges and universities for the pur- ‘‘(c) FUNDING FOR TRIBES FOR SCHOLARSHIP cational institution in accordance with regu- pose of developing and maintaining Amer- PROGRAMS.— lations issued pursuant to this Act; and ican Indian psychology career recruitment ‘‘(1) PROVISION OF FUNDS.— ‘‘(D) require the recipient of such scholar- programs as a means of encouraging Indians ‘‘(A) IN GENERAL.—The Secretary shall ship to meet the educational and licensure to enter the mental health field. These pro- make funds available, through area offices, requirements appropriate to the health pro- grams shall be located at various colleges to Indian Tribes and tribal organizations for fession involved. and universities throughout the country to the purpose of assisting such Tribes and trib- ‘‘(5) BREACH OF CONTRACT.— maximize their availability to Indian stu- al organizations in educating Indians to ‘‘(A) IN GENERAL.—An individual who has dents and new programs shall be established serve as health professionals in Indian com- entered into a written contract with the Sec- in different locations from time to time. munities. retary and an Indian Tribe or tribal organi- ‘‘(b) QUENTIN N. BURDICK AMERICAN INDIANS ‘‘(B) LIMITATION.—The Secretary shall en- zation under this subsection and who— INTO PSYCHOLOGY PROGRAM.—The Secretary sure that amounts available for grants under ‘‘(i) fails to maintain an acceptable level of shall provide funds under subsection (a) to subparagraph (A) for any fiscal year shall academic standing in the education institu- develop and maintain a program at the Uni- not exceed an amount equal to 5 percent of tion in which he or she is enrolled (such level versity of North Dakota to be known as the the amount available for each fiscal year for determined by the educational institution ‘Quentin N. Burdick American Indians Into Indian Health Scholarships under this sec- under regulations of the Secretary); Psychology Program’. Such program shall, tion. ‘‘(ii) is dismissed from such education for to the maximum extent feasible, coordinate ‘‘(C) APPLICATION.—An application for disciplinary reasons; with the Quentin N. Burdick American Indi- funds under subparagraph (A) shall be in ‘‘(iii) voluntarily terminates the training ans Into Nursing Program authorized under such form and contain such agreements, as- in such an educational institution for which section 115, the Quentin N. Burdick Indians

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into Health Program authorized under sec- ‘‘(d) ADMINISTRATIVE PROVISIONS.—Any em- ‘‘SEC. 110. INDIAN HEALTH SERVICE LOAN RE- tion 117, and existing university research and ployment pursuant to this section shall be PAYMENT PROGRAM. communications networks. made without regard to any competitive per- ‘‘(a) ESTABLISHMENT.— ‘‘(c) REQUIREMENTS.— sonnel system or agency personnel limita- ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(1) REGULATIONS.—The Secretary shall tion and to a position which will enable the through the Service, shall establish a pro- promulgate regulations pursuant to this Act individual so employed to receive practical gram to be known as the Indian Health Serv- for the competitive awarding of funds under experience in the health profession in which ice Loan Repayment Program (referred to in this section. he or she is engaged in study. Any individual this Act as the ‘Loan Repayment Program’) ‘‘(2) PROGRAM.—Applicants for funds under so employed shall receive payment for his or in order to assure an adequate supply of this section shall agree to provide a program her services comparable to the salary he or trained health professionals necessary to which, at a minimum— she would receive if he or she were employed maintain accreditation of, and provide ‘‘(A) provides outreach and recruitment for in the competitive system. Any individual so health care services to Indians through, In- health professions to Indian communities in- employed shall not be counted against any dian health programs. cluding elementary, secondary and accred- employment ceiling affecting the Service or ‘‘(2) DEFINITIONS.—In this section: ited and accessible community colleges that the Department. ‘‘(A) INDIAN HEALTH PROGRAM.—The term will be served by the program; ‘‘SEC. 108. CONTINUING EDUCATION ALLOW- ‘Indian health program’ means any health ‘‘(B) incorporates a program advisory ANCES. program or facility funded, in whole or part, board comprised of representatives from the ‘‘In order to encourage health profes- by the Service for the benefit of Indians and Tribes and communities that will be served sionals, including for purposes of this sec- administered— by the program; tion, community health representatives and ‘‘(i) directly by the Service; ‘‘(C) provides summer enrichment pro- emergency medical technicians, to join or ‘‘(ii) by any Indian tribe or tribal or Indian grams to expose Indian students to the var- continue in the Service or in any program of organization pursuant to a funding agree- ious fields of psychology through research, an Indian tribe, tribal organization, or urban ment under— clinical, and experimental activities; Indian organization and to provide their ‘‘(I) the Indian Self-Determination and ‘‘(D) provides stipends to undergraduate services in the rural and remote areas where Educational Assistance Act; or and graduate students to pursue a career in a significant portion of the Indian people re- ‘‘(II) section 23 of the Act of April 30, 1908 psychology; side, the Secretary, acting through the area (25 U.S.C. 47) (commonly known as the ‘Buy- ‘‘(E) develops affiliation agreements with offices, may provide allowances to health Indian Act’); or tribal community colleges, the Service, uni- professionals employed in the Service or ‘‘(iii) by an urban Indian organization pur- versity affiliated programs, and other appro- such a program to enable such professionals suant to title V. priate accredited and accessible entities to to take leave of their duty stations for a pe- ‘‘(B) STATE.—The term ‘State’ has the enhance the education of Indian students; riod of time each year (as prescribed by regu- same meaning given such term in section ‘‘(F) utilizes, to the maximum extent fea- lations of the Secretary) for professional 331(i)(4) of the Public Health Service Act. sible, existing university tutoring, coun- consultation and refresher training courses. ‘‘(b) ELIGIBILITY.—To be eligible to partici- seling and student support services; and ‘‘SEC. 109. COMMUNITY HEALTH REPRESENTA- pate in the Loan Repayment Program, an in- ‘‘(G) employs, to the maximum extent fea- TIVE PROGRAM. dividual must— sible, qualified Indians in the program. ‘‘(a) IN GENERAL.—Under the authority of ‘‘(1)(A) be enrolled— ‘‘(d) ACTIVE DUTY OBLIGATION.—The active the Act of November 2, 1921 (25 U.S.C. 13) ‘‘(i) in a course of study or program in an duty service obligation prescribed under sec- (commonly known as the Snyder Act), the accredited institution, as determined by the tion 338C of the Public Health Service Act (42 Secretary shall maintain a Community Secretary, within any State and be sched- U.S.C. 254m) shall be met by each graduate Health Representative Program under which uled to complete such course of study in the who receives a stipend described in sub- the Service, Indian tribes and tribal organi- same year such individual applies to partici- section (c)(2)(C) that is funded under this zations— pate in such program; or section. Such obligation shall be met by ‘‘(1) provide for the training of Indians as ‘‘(ii) in an approved graduate training pro- service— community health representatives; and gram in a health profession; or ‘‘(1) in the Indian Health Service; ‘‘(2) use such community health represent- ‘‘(B) have— ‘‘(2) in a program conducted under a fund- atives in the provision of health care, health ‘‘(i) a degree in a health profession; and ing agreement contract entered into under promotion, and disease prevention services ‘‘(ii) a license to practice a health profes- the Indian Self-Determination and Edu- to Indian communities. sion in a State; cation Assistance Act; ‘‘(b) ACTIVITIES.—The Secretary, acting ‘‘(2)(A) be eligible for, or hold, an appoint- ‘‘(3) in a program assisted under title V; or through the Community Health Representa- ment as a commissioned officer in the Reg- ‘‘(4) in the private practice of psychology tive Program, shall— ular or Reserve Corps of the Public Health if, as determined by the Secretary, in accord- ‘‘(1) provide a high standard of training for Service; ance with guidelines promulgated by the community health representatives to ensure ‘‘(B) be eligible for selection for civilian Secretary, such practice is situated in a phy- that the community health representatives service in the Regular or Reserve Corps of sician or other health professional shortage provide quality health care, health pro- the Public Health Service; area and addresses the health care needs of a motion, and disease prevention services to ‘‘(C) meet the professional standards for substantial number of Indians. the Indian communities served by such Pro- civil service employment in the Indian ‘‘SEC. 107. INDIAN HEALTH SERVICE EXTERN gram; Health Service; or PROGRAMS. ‘‘(2) in order to provide such training, de- ‘‘(D) be employed in an Indian health pro- ‘‘(a) IN GENERAL.—Any individual who re- velop and maintain a curriculum that— gram without a service obligation; and ceives a scholarship pursuant to section 105 ‘‘(A) combines education in the theory of ‘‘(3) submit to the Secretary an application shall be entitled to employment in the Serv- health care with supervised practical experi- for a contract described in subsection (f). ice, or may be employed by a program of an ence in the provision of health care; and ‘‘(c) FORMS.— Indian tribe, tribal organization, or urban ‘‘(B) provides instruction and practical ex- ‘‘(1) IN GENERAL.—In disseminating appli- Indian organization, or other agency of the perience in health promotion and disease cation forms and contract forms to individ- Department as may be appropriate and avail- prevention activities, with appropriate con- uals desiring to participate in the Loan Re- able, during any nonacademic period of the sideration given to lifestyle factors that payment Program, the Secretary shall in- year. Periods of employment pursuant to have an impact on Indian health status, such clude with such forms a fair summary of the this subsection shall not be counted in deter- as alcoholism, family dysfunction, and pov- rights and liabilities of an individual whose mining the fulfillment of the service obliga- erty; application is approved (and whose contract tion incurred as a condition of the scholar- ‘‘(3) maintain a system which identifies the is accepted) by the Secretary, including in ship. needs of community health representatives the summary a clear explanation of the dam- ‘‘(b) ENROLLEES IN COURSE OF STUDY.—Any individual who is enrolled in a course of for continuing education in health care, ages to which the United States is entitled study in the health professions may be em- health promotion, and disease prevention under subsection (l) in the case of the indi- ployed by the Service or by an Indian tribe, and maintain programs that meet the needs vidual’s breach of the contract. The Sec- tribal organization, or urban Indian organi- for such continuing education; retary shall provide such individuals with zation, during any nonacademic period of the ‘‘(4) maintain a system that provides close sufficient information regarding the advan- year. Any such employment shall not exceed supervision of community health representa- tages and disadvantages of service as a com- 120 days during any calendar year. tives; missioned officer in the Regular or Reserve ‘‘(c) HIGH SCHOOL PROGRAMS.—Any indi- ‘‘(5) maintain a system under which the Corps of the Public Health Service or a civil- vidual who is in a high school program au- work of community health representatives is ian employee of the Indian Health Service to thorized under section 103(a) may be em- reviewed and evaluated; and enable the individual to make a decision on ployed by the Service, or by a Indian Tribe, ‘‘(6) promote traditional health care prac- an informed basis. tribal organization, or urban Indian organi- tices of the Indian tribes served consistent ‘‘(2) FORMS TO BE UNDERSTANDABLE.—The zation, during any nonacademic period of the with the Service standards for the provision application form, contract form, and all year. Any such employment shall not exceed of health care, health promotion, and disease other information furnished by the Sec- 120 days during any calendar year. prevention. retary under this section shall be written in

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.095 S06PT1 S3284 CONGRESSIONAL RECORD — SENATE March 6, 2003 a manner calculated to be understood by the ‘‘(iii) to serve for a time period (referred to uals who have entered into written contracts average individual applying to participate in in this section as the ‘period of obligated with the Secretary under this section, while the Loan Repayment Program. service’) equal to 2 years or such longer pe- undergoing academic training, shall not be ‘‘(3) AVAILABILITY.—The Secretary shall riod as the individual may agree to serve in counted against any employment ceiling af- make such application forms, contract the full-time clinical practice of such indi- fecting the Department. forms, and other information available to in- vidual’s profession in an Indian health pro- ‘‘(i) RECRUITING PROGRAMS.—The Secretary dividuals desiring to participate in the Loan gram to which the individual may be as- shall conduct recruiting programs for the Repayment Program on a date sufficiently signed by the Secretary; Loan Repayment Program and other health early to ensure that such individuals have ‘‘(2) a provision permitting the Secretary professional programs of the Service at edu- adequate time to carefully review and evalu- to extend for such longer additional periods, cational institutions training health profes- ate such forms and information. as the individual may agree to, the period of sionals or specialists identified in subsection (a). ‘‘(d) PRIORITY.— obligated service agreed to by the individual ‘‘(j) NONAPPLICATION OF CERTAIN PROVI- ‘‘(1) ANNUAL DETERMINATIONS.—The Sec- under paragraph (1)(B)(iii); SION.—Section 214 of the Public Health Serv- retary, acting through the Service and in ac- ‘‘(3) a provision that any financial obliga- tion of the United States arising out of a ice Act (42 U.S.C. 215) shall not apply to indi- cordance with subsection (k), shall annu- viduals during their period of obligated serv- ally— contract entered into under this section and any obligation of the individual which is ice under the Loan Repayment Program. ‘‘(A) identify the positions in each Indian ‘‘(k) ASSIGNMENT OF INDIVIDUALS.—The conditioned thereon is contingent upon funds health program for which there is a need or Secretary, in assigning individuals to serve being appropriated for loan repayments a vacancy; and in Indian health programs pursuant to con- under this section; ‘‘(B) rank those positions in order of pri- tracts entered into under this section, ‘‘(4) a statement of the damages to which ority. shall— the United States is entitled under sub- ‘‘(2) PRIORITY IN APPROVAL.—Notwith- ‘‘(1) ensure that the staffing needs of In- section (l) for the individual’s breach of the standing the priority determined under para- dian health programs administered by an In- contract; and graph (1), the Secretary, in determining dian tribe or tribal or health organization re- ‘‘(5) such other statements of the rights which applications under the Loan Repay- ceive consideration on an equal basis with and liabilities of the Secretary and of the in- ment Program to approve (and which con- programs that are administered directly by dividual, not inconsistent with this section. tracts to accept), shall— the Service; and ‘‘(g) LOAN REPAYMENTS.— ‘‘(A) give first priority to applications ‘‘(2) give priority to assigning individuals ‘‘(1) IN GENERAL.—A loan repayment pro- made by individual Indians; and vided for an individual under a written con- to Indian health programs that have a need ‘‘(B) after making determinations on all tract under the Loan Repayment Program for health professionals to provide health applications submitted by individual Indians shall consist of payment, in accordance with care services as a result of individuals hav- as required under subparagraph (A), give pri- paragraph (2), on behalf of the individual of ing breached contracts entered into under ority to— the principal, interest, and related expenses this section. ‘‘(l) BREACH OF CONTRACT.— ‘‘(i) individuals recruited through the ef- on government and commercial loans re- ‘‘(1) IN GENERAL.—An individual who has forts an Indian tribe, tribal organization, or ceived by the individual regarding the under- entered into a written contract with the Sec- urban Indian organization; and graduate or graduate education of the indi- retary under this section and who— ‘‘(ii) other individuals based on the pri- vidual (or both), which loans were made for— ‘‘(A) is enrolled in the final year of a ority rankings under paragraph (1). ‘‘(A) tuition expenses; course of study and who— ‘‘(e) CONTRACTS.— ‘‘(B) all other reasonable educational ex- ‘‘(i) fails to maintain an acceptable level of ‘‘(1) IN GENERAL.—An individual becomes a penses, including fees, books, and laboratory academic standing in the educational insti- participant in the Loan Repayment Program expenses, incurred by the individual; and tution in which he is enrolled (such level de- only upon the Secretary and the individual ‘‘(C) reasonable living expenses as deter- termined by the educational institution entering into a written contract described in mined by the Secretary. under regulations of the Secretary); subsection (f). ‘‘(2) AMOUNT OF PAYMENT.— ‘‘(ii) voluntarily terminates such enroll- ‘‘(2) NOTICE.—Not later than 21 days after ‘‘(A) IN GENERAL.—For each year of obli- ment; or considering an individual for participation in gated service that an individual contracts to ‘‘(iii) is dismissed from such educational the Loan Repayment Program under para- serve under subsection (f) the Secretary may institution before completion of such course graph (1), the Secretary shall provide written pay up to $35,000 (or an amount equal to the notice to the individual of— of study; or amount specified in section 338B(g)(2)(A) of ‘‘(B) is enrolled in a graduate training pro- ‘‘(A) the Secretary’s approving of the indi- the Public Health Service Act) on behalf of vidual’s participation in the Loan Repay- gram, and who fails to complete such train- the individual for loans described in para- ing program, and does not receive a waiver ment Program, including extensions result- graph (1). In making a determination of the ing in an aggregate period of obligated serv- from the Secretary under subsection amount to pay for a year of such service by (b)(1)(B)(ii), ice in excess of 4 years; or an individual, the Secretary shall consider ‘‘(B) the Secretary’s disapproving an indi- the extent to which each such determina- shall be liable, in lieu of any service obliga- vidual’s participation in such Program. tion— tion arising under such contract, to the ‘‘(f) WRITTEN CONTRACT.—The written con- ‘‘(i) affects the ability of the Secretary to United States for the amount which has been tract referred to in this section between the maximize the number of contracts that can paid on such individual’s behalf under the Secretary and an individual shall contain— be provided under the Loan Repayment Pro- contract. ‘‘(2) AMOUNT OF RECOVERY.—If, for any rea- ‘‘(1) an agreement under which— gram from the amounts appropriated for son not specified in paragraph (1), an indi- ‘‘(A) subject to paragraph (3), the Sec- such contracts; vidual breaches his written contract under retary agrees— ‘‘(ii) provides an incentive to serve in In- this section by failing either to begin, or ‘‘(i) to pay loans on behalf of the individual dian health programs with the greatest complete, such individual’s period of obli- in accordance with the provisions of this sec- shortages of health professionals; and gated service in accordance with subsection tion; and ‘‘(iii) provides an incentive with respect to (f), the United States shall be entitled to re- ‘‘(ii) to accept (subject to the availability the health professional involved remaining cover from such individual an amount to be of appropriated funds for carrying out this in an Indian health program with such a determined in accordance with the following section) the individual into the Service or health professional shortage, and continuing formula: place the individual with a tribe, tribal orga- to provide primary health services, after the nization, or urban Indian organization as completion of the period of obligated service A=3Z(t-s/t) provided in subparagraph (B)(iii); and under the Loan Repayment Program. in which— ‘‘(B) subject to paragraph (3), the indi- ‘‘(B) TIME FOR PAYMENT.—Any arrange- ‘‘(A) ‘A’ is the amount the United States is vidual agrees— ment made by the Secretary for the making entitled to recover; ‘‘(i) to accept loan payments on behalf of of loan repayments in accordance with this ‘‘(B) ‘Z’ is the sum of the amounts paid the individual; subsection shall provide that any repay- under this section to, or on behalf of, the in- ‘‘(ii) in the case of an individual described ments for a year of obligated service shall be dividual and the interest on such amounts in subsection (b)(1)— made not later than the end of the fiscal which would be payable if, at the time the ‘‘(I) to maintain enrollment in a course of year in which the individual completes such amounts were paid, they were loans bearing study or training described in subsection year of service. interest at the maximum legal prevailing (b)(1)(A) until the individual completes the ‘‘(3) SCHEDULE FOR PAYMENTS.—The Sec- rate, as determined by the Treasurer of the course of study or training; and retary may enter into an agreement with the United States; ‘‘(II) while enrolled in such course of study holder of any loan for which payments are ‘‘(C) ‘t’ is the total number of months in or training, to maintain an acceptable level made under the Loan Repayment Program to the individual’s period of obligated service in of academic standing (as determined under establish a schedule for the making of such accordance with subsection (f); and regulations of the Secretary by the edu- payments. ‘‘(D) ‘s’ is the number of months of such pe- cational institution offering such course of ‘‘(h) COUNTING OF INDIVIDUALS.—Notwith- riod served by such individual in accordance study or training); standing any other provision of law, individ- with this section.

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.095 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3285 Amounts not paid within such period shall ‘‘(6) the amount of scholarship grants pro- their places of residence to an area in which be subject to collection through deductions vided under section 105, in total and by they may be assigned for the purpose of eval- in medicare payments pursuant to section health profession; uating such area with respect to such assign- 1892 of the Social Security Act. ‘‘(7) the number of providers of health care ment. ‘‘(3) DAMAGES.— that will be needed by Indian health pro- ‘‘(b) ASSIGNMENT OF PERSONNEL.—The Sec- ‘‘(A) TIME FOR PAYMENT.—Any amount of grams, by location and profession, during the retary, acting through the Service, shall as- damages which the United States is entitled 3 fiscal years beginning after the date the re- sign one individual in each area office to be to recover under this subsection shall be paid port is filed; and responsible on a full-time basis for recruit- to the United States within the 1-year period ‘‘(8) the measures the Secretary plans to ment activities. beginning on the date of the breach of con- take to fill the health professional positions ‘‘SEC. 113. TRIBAL RECRUITMENT AND RETEN- tract or such longer period beginning on maintained by the Service or by tribes, trib- TION PROGRAM. such date as shall be specified by the Sec- al organizations, or urban Indian organiza- ‘‘(a) FUNDING OF PROJECTS.—The Secretary, retary. tions for which recruitment or retention is acting through the Service, shall fund inno- ‘‘(B) DELINQUENCIES.—If damages described difficult. vative projects for a period not to exceed 3 in subparagraph (A) are delinquent for 3 ‘‘SEC. 111. SCHOLARSHIP AND LOAN REPAYMENT years to enable Indian tribes, tribal organi- months, the Secretary shall, for the purpose RECOVERY FUND. zations, and urban Indian organizations to of recovering such damages— ‘‘(a) ESTABLISHMENT.—Notwithstanding recruit, place, and retain health profes- ‘‘(i) utilize collection agencies contracted section 102, there is established in the Treas- sionals to meet the staffing needs of Indian with by the Administrator of the General ury of the United States a fund to be known health programs (as defined in section Services Administration; or as the Indian Health Scholarship and Loan 110(a)(2)(A)). ‘‘(ii) enter into contracts for the recovery Repayment Recovery Fund (referred to in ‘‘(b) ELIGIBILITY.—Any Indian tribe, tribal of such damages with collection agencies se- this section as the ‘LRRF’). The LRRF Fund organization, or urban Indian organization lected by the Secretary. shall consist of— may submit an application for funding of a ‘‘(C) CONTRACTS FOR RECOVERY OF DAM- ‘‘(1) such amounts as may be collected project pursuant to this section. AGES.—Each contract for recovering damages from individuals under subparagraphs (A) ‘‘SEC. 114. ADVANCED TRAINING AND RESEARCH. pursuant to this subsection shall provide and (B) of section 105(b)(4) and section 110(l) ‘‘(a) DEMONSTRATION PROJECT.—The Sec- that the contractor will, not less than once for breach of contract; retary, acting through the Service, shall es- each 6 months, submit to the Secretary a ‘‘(2) such funds as may be appropriated to tablish a demonstration project to enable status report on the success of the con- the LRRF; health professionals who have worked in an tractor in collecting such damages. Section ‘‘(3) such interest earned on amounts in Indian health program (as defined in section 3718 of title 31, United States Code, shall the LRRF; and 110) for a substantial period of time to pur- apply to any such contract to the extent not ‘‘(4) such additional amounts as may be sue advanced training or research in areas of inconsistent with this subsection. collected, appropriated, or earned relative to study for which the Secretary determines a ‘‘(m) CANCELLATION, WAIVER OR RELEASE.— the LRRF. need exists. ‘‘(1) CANCELLATION.—Any obligation of an Amounts appropriated to the LRRF shall re- ‘‘(b) SERVICE OBLIGATION.— individual under the Loan Repayment Pro- main available until expended. ‘‘(1) IN GENERAL.—An individual who par- gram for service or payment of damages ‘‘(b) USE OF LRRF.— ticipates in the project under subsection (a), shall be canceled upon the death of the indi- ‘‘(1) IN GENERAL.—Amounts in the LRRF where the educational costs are borne by the vidual. may be expended by the Secretary, subject Service, shall incur an obligation to serve in ‘‘(2) WAIVER OF SERVICE OBLIGATION.—The to section 102, acting through the Service, to an Indian health program for a period of ob- Secretary shall by regulation provide for the make payments to the Service or to an In- ligated service equal to at least the period of partial or total waiver or suspension of any dian tribe or tribal organization admin- time during which the individual partici- obligation of service or payment by an indi- istering a health care program pursuant to a pates in such project. vidual under the Loan Repayment Program funding agreement entered into under the In- ‘‘(2) FAILURE TO COMPLETE SERVICE.—In the whenever compliance by the individual is dian Self-Determination and Education As- event that an individual fails to complete a impossible or would involve extreme hard- sistance Act— period of obligated service under paragraph ship to the individual and if enforcement of ‘‘(A) to which a scholarship recipient under (1), the individual shall be liable to the such obligation with respect to any indi- section 105 or a loan repayment program par- United States for the period of service re- vidual would be unconscionable. ticipant under section 110 has been assigned maining. In such event, with respect to indi- ‘‘(3) WAIVER OF RIGHTS OF UNITED STATES.— to meet the obligated service requirements viduals entering the project after the date of The Secretary may waive, in whole or in pursuant to sections; and the enactment of this Act, the United States part, the rights of the United States to re- ‘‘(B) that has a need for a health profes- shall be entitled to recover from such indi- cover amounts under this section in any case sional to provide health care services as a re- vidual an amount to be determined in ac- of extreme hardship or other good cause sult of such recipient or participant having cordance with the formula specified in sub- shown, as determined by the Secretary. breached the contract entered into under section (l) of section 110 in the manner pro- ‘‘(4) RELEASE.—Any obligation of an indi- section 105 or section 110. vided for in such subsection. vidual under the Loan Repayment Program ‘‘(2) SCHOLARSHIPS AND RECRUITING.—An In- ‘‘(c) OPPORTUNITY TO PARTICIPATE.—Health for payment of damages may be released by dian tribe or tribal organization receiving professionals from Indian tribes, tribal orga- a discharge in bankruptcy under title 11 of payments pursuant to paragraph (1) may ex- nizations, and urban Indian organizations the United States Code only if such dis- pend the payments to provide scholarships or under the authority of the Indian Self-Deter- charge is granted after the expiration of the to recruit and employ, directly or by con- mination and Education Assistance Act shall 5-year period beginning on the first date that tract, health professionals to provide health be given an equal opportunity to participate payment of such damages is required, and care services. in the program under subsection (a). only if the bankruptcy court finds that non- ‘‘(c) INVESTING OF FUND.— ‘‘SEC. 115. NURSING PROGRAMS; QUENTIN N. discharge of the obligation would be uncon- ‘‘(1) IN GENERAL.—The Secretary of the BURDICK AMERICAN INDIANS INTO scionable. Treasury shall invest such amounts of the NURSING PROGRAM. ‘‘(n) REPORT.—The Secretary shall submit LRRF as the Secretary determines are not ‘‘(a) GRANTS.—Notwithstanding section 102, to the President, for inclusion in each report required to meet current withdrawals from the Secretary, acting through the Service, required to be submitted to the Congress the LRRF. Such investments may be made shall provide funds to— under section 801, a report concerning the only in interest-bearing obligations of the ‘‘(1) public or private schools of nursing; previous fiscal year which sets forth— United States. For such purpose, such obli- ‘‘(2) tribally controlled community col- ‘‘(1) the health professional positions main- gations may be acquired on original issue at leges and tribally controlled postsecondary tained by the Service or by tribal or Indian the issue price, or by purchase of out- vocational institutions (as defined in section organizations for which recruitment or re- standing obligations at the market price. 390(2) of the Tribally Controlled Vocational tention is difficult; ‘‘(2) SALE PRICE.—Any obligation acquired Institutions Support Act of 1990 (20 U.S.C. ‘‘(2) the number of Loan Repayment Pro- by the LRRF may be sold by the Secretary 2397h(2)); and gram applications filed with respect to each of the Treasury at the market price. ‘‘(3) nurse midwife programs, and advance type of health profession; ‘‘SEC. 112. RECRUITMENT ACTIVITIES. practice nurse programs, that are provided ‘‘(3) the number of contracts described in ‘‘(a) REIMBURSEMENT OF EXPENSES.—The by any tribal college accredited nursing pro- subsection (f) that are entered into with re- Secretary may reimburse health profes- gram, or in the absence of such, any other spect to each health profession; sionals seeking positions in the Service, In- public or private institution, ‘‘(4) the amount of loan payments made dian tribes, tribal organizations, or urban In- for the purpose of increasing the number of under this section, in total and by health dian organizations, including unpaid student nurses, nurse midwives, and nurse practi- profession; volunteers and individuals considering enter- tioners who deliver health care services to ‘‘(5) the number of scholarship grants that ing into a contract under section 110, and Indians. are provided under section 105 with respect their spouses, for actual and reasonable ex- ‘‘(b) USE OF GRANTS.—Funds provided to each health profession; penses incurred in traveling to and from under subsection (a) may be used to—

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.096 S06PT1 S3286 CONGRESSIONAL RECORD — SENATE March 6, 2003 ‘‘(1) recruit individuals for programs which ‘‘(2) be provided through tribally-con- scribed in subsection (a)(1) for the purpose of train individuals to be nurses, nurse mid- trolled community colleges (within the maintaining the program and recruiting stu- wives, or advanced practice nurses; meaning of section 2(4) of the Tribally Con- dents for the program. ‘‘(2) provide scholarships to Indian individ- trolled Community College Assistance Act of ‘‘(2) ELIGIBILITY.—Grants may only be uals enrolled in such programs that may be 1978) and tribally controlled postsecondary made under this subsection to a community used to pay the tuition charged for such pro- vocational institutions (as defined in section college that— gram and for other expenses incurred in con- 390(2) of the Tribally Controlled Vocational ‘‘(A) is accredited; nection with such program, including books, Institutions Support Act of 1990 (20 U.S.C. ‘‘(B) has a relationship with a hospital fa- fees, room and board, and stipends for living 2397h(2)); and cility, Service facility, or hospital that could expenses; ‘‘(3) include instruction in Native Amer- provide training of nurses or health profes- ‘‘(3) provide a program that encourages ican studies. sionals; nurses, nurse midwives, and advanced prac- ‘‘SEC. 117. INMED PROGRAM. ‘‘(C) has entered into an agreement with an tice nurses to provide, or continue to pro- ‘‘(a) GRANTS.—The Secretary may provide accredited college or university medical vide, health care services to Indians; grants to 3 colleges and universities for the school, the terms of which— ‘‘(4) provide a program that increases the purpose of maintaining and expanding the ‘‘(i) provide a program that enhances the skills of, and provides continuing education Native American health careers recruitment transition and recruitment of students into to, nurses, nurse midwives, and advanced program known as the ‘Indians into Medicine advanced baccalaureate or graduate pro- practice nurses; or Program’ (referred to in this section as grams which train health professionals; and ‘‘(5) provide any program that is designed ‘INMED’) as a means of encouraging Indians ‘‘(ii) stipulate certifications necessary to to achieve the purpose described in sub- to enter the health professions. approve internship and field placement op- section (a). ‘‘(b) QUENTIN N. BURDICK INDIAN HEALTH portunities at health programs of the Serv- ‘‘(c) APPLICATIONS.—Each application for PROGRAM.—The Secretary shall provide 1 of ice or at tribal health programs; funds under subsection (a) shall include such ‘‘(D) has a qualified staff which has the ap- information as the Secretary may require to the grants under subsection (a) to maintain the INMED program at the University of propriate certifications; establish the connection between the pro- ‘‘(E) is capable of obtaining State or re- gram of the applicant and a health care facil- North Dakota, to be known as the ‘Quentin gional accreditation of the program de- ity that primarily serves Indians. N. Burdick Indian Health Program’, unless scribed in subsection (a)(1); and ‘‘(d) PREFERENCES.—In providing funds the Secretary makes a determination, based under subsection (a), the Secretary shall ex- upon program reviews, that the program is ‘‘(F) agrees to provide for Indian preference tend a preference to— not meeting the purposes of this section. for applicants for programs under this sec- ‘‘(1) programs that provide a preference to Such program shall, to the maximum extent tion. Indians; feasible, coordinate with the Quentin N. Bur- ‘‘(c) SERVICE PERSONNEL AND TECHNICAL ‘‘(2) programs that train nurse midwives or dick American Indians Into Psychology Pro- ASSISTANCE.—The Secretary shall encourage advanced practice nurses; gram established under section 106(b) and the community colleges described in subsection ‘‘(3) programs that are interdisciplinary; Quentin N. Burdick American Indians Into (b)(2) to establish and maintain programs de- and Nursing Program established under section scribed in subsection (a)(1) by— ‘‘(4) programs that are conducted in co- 115. ‘‘(1) entering into agreements with such operation with a center for gifted and tal- ‘‘(c) REQUIREMENTS.— colleges for the provision of qualified per- ented Indian students established under sec- ‘‘(1) IN GENERAL.—The Secretary shall de- sonnel of the Service to teach courses of tion 5324(a) of the Indian Education Act of velop regulations to govern grants under to study in such programs, and 1988. this section. ‘‘(2) providing technical assistance and ‘‘(e) QUENTIN N. BURDICK AMERICAN INDIANS ‘‘(2) PROGRAM REQUIREMENTS.—Applicants support to such colleges. INTO NURSING PROGRAM.—The Secretary for grants provided under this section shall ‘‘(d) SPECIFIED COURSES OF STUDY.—Any shall ensure that a portion of the funds au- agree to provide a program that— program receiving assistance under this sec- thorized under subsection (a) is made avail- ‘‘(A) provides outreach and recruitment for tion that is conducted with respect to a able to establish and maintain a program at health professions to Indian communities in- health profession shall also offer courses of the University of North Dakota to be known cluding elementary, secondary and commu- study which provide advanced training for as the ‘Quentin N. Burdick American Indians nity colleges located on Indian reservations any health professional who— Into Nursing Program’. Such program shall, which will be served by the program; ‘‘(1) has already received a degree or di- to the maximum extent feasible, coordinate ‘‘(B) incorporates a program advisory ploma in such health profession; and with the Quentin N. Burdick American Indi- board comprised of representatives from the ‘‘(2) provides clinical services on an Indian ans Into Psychology Program established tribes and communities which will be served reservation, at a Service facility, or at a under section 106(b) and the Quentin N. Bur- by the program; tribal clinic. dick Indian Health Programs established ‘‘(C) provides summer preparatory pro- Such courses of study may be offered in con- under section 117(b). grams for Indian students who need enrich- junction with the college or university with ‘‘(f) SERVICE OBLIGATION.—The active duty ment in the subjects of math and science in which the community college has entered service obligation prescribed under section order to pursue training in the health profes- into the agreement required under sub- 338C of the Public Health Service Act (42 sions; section (b)(2)(C). U.S.C. 254m) shall be met by each individual ‘‘(D) provides tutoring, counseling and sup- ‘‘(e) PRIORITY.—Priority shall be provided who receives training or assistance described under this section to tribally controlled col- in paragraph (1) or (2) of subsection (b) that port to students who are enrolled in a health leges in service areas that meet the require- is funded under subsection (a). Such obliga- career program of study at the respective tion shall be met by service— college or university; and ments of subsection (b). ‘‘(f) DEFINITIONS.—In this section: ‘‘(1) in the Indian Health Service; ‘‘(E) to the maximum extent feasible, em- ‘‘(1) COMMUNITY COLLEGE.—The term ‘com- ‘‘(2) in a program conducted under a con- ploys qualified Indians in the program. munity college’ means— tract entered into under the Indian Self-De- ‘‘SEC. 118. HEALTH TRAINING PROGRAMS OF ‘‘(A) a tribally controlled community col- termination and Education assistance Act; COMMUNITY COLLEGES. lege; or ‘‘(3) in a program assisted under title V; or ‘‘(a) ESTABLISHMENT GRANTS.— ‘‘(B) a junior or community college. ‘‘(4) in the private practice of nursing if, as ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(2) JUNIOR OR COMMUNITY COLLEGE.—The determined by the Secretary, in accordance through the Service, shall award grants to term ‘junior or community college’ has the with guidelines promulgated by the Sec- accredited and accessible community col- meaning given such term by section 312(e) of retary, such practice is situated in a physi- leges for the purpose of assisting such col- the Higher Education Act of 1965 (20 U.S.C. cian or other health professional shortage leges in the establishment of programs which 1058(e)). area and addresses the health care needs of a provide education in a health profession ‘‘(3) TRIBALLY CONTROLLED COLLEGE.—The substantial number of Indians. leading to a degree or diploma in a health term ‘tribally controlled college’ has the ‘‘SEC. 116. TRIBAL CULTURE AND HISTORY. profession for individuals who desire to prac- meaning given the term ‘tribally controlled ‘‘(a) IN GENERAL.—The Secretary, acting tice such profession on an Indian reserva- community college’ by section 2(4) of the through the Service, shall require that ap- tion, in the Service, or in a tribal health pro- propriate employees of the Service who serve gram. Tribally Controlled Community College As- Indian tribes in each service area receive ‘‘(2) AMOUNT.—The amount of any grant sistance Act of 1978. educational instruction in the history and awarded to a community college under para- ‘‘SEC. 119. RETENTION BONUS. culture of such tribes and their relationship graph (1) for the first year in which such a ‘‘(a) IN GENERAL.—The Secretary may pay to the Service. grant is provided to the community college a retention bonus to any health professional ‘‘(b) REQUIREMENTS.—To the extent fea- shall not exceed $100,000. employed by, or assigned to, and serving in, sible, the educational instruction to be pro- ‘‘(b) CONTINUATION GRANTS.— the Service, an Indian tribe, a tribal organi- vided under subsection (a) shall— ‘‘(1) IN GENERAL.—The Secretary, acting zation, or an urban Indian organization ei- ‘‘(1) be provided in consultation with the through the Service, shall award grants to ther as a civilian employee or as a commis- affected tribal governments, tribal organiza- accredited and accessible community col- sioned officer in the Regular or Reserve tions, and urban Indian organizations; leges that have established a program de- Corps of the Public Health Service who—

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.096 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3287 ‘‘(1) is assigned to, and serving in, a posi- commonly known as the Snyder Act), the sions students and residents from medical tion for which recruitment or retention of Secretary shall maintain a Community schools; personnel is difficult; Health Aide Program in Alaska under which ‘‘(2) improve the quality of health care for ‘‘(2) the Secretary determines is needed by the Service— Indians by assuring access to qualified the Service, tribe, tribal organization, or ‘‘(1) provides for the training of Alaska Na- health care professionals; and urban organization; tives as health aides or community health ‘‘(3) provide academic and scholarly oppor- ‘‘(3) has— practitioners; tunities for health professionals serving In- ‘‘(A) completed 3 years of employment ‘‘(2) uses such aides or practitioners in the dian people by identifying and utilizing all with the Service; tribe, tribal organization, provision of health care, health promotion, academic and scholarly resources of the re- or urban organization; or and disease prevention services to Alaska gion. ‘‘(B) completed any service obligations in- Natives living in villages in rural Alaska; ‘‘(c) ADVISORY BOARD.—A pilot program es- curred as a requirement of— and tablished under subsection (a) shall incor- ‘‘(i) any Federal scholarship program; or ‘‘(3) provides for the establishment of tele- porate a program advisory board that shall ‘‘(ii) any Federal education loan repay- conferencing capacity in health clinics lo- be composed of representatives from the ment program; and cated in or near such villages for use by com- tribes and communities in the service area ‘‘(4) enters into an agreement with the munity health aides or community health that will be served by the program. Service, Indian tribe, tribal organization, or practitioners. ‘‘SEC. 124. SCHOLARSHIPS. urban Indian organization for continued em- ‘‘(b) ACTIVITIES.—The Secretary, acting ‘‘Scholarships and loan reimbursements ployment for a period of not less than 1 year. through the Community Health Aide Pro- provided to individuals pursuant to this title ‘‘(b) RATES.—The Secretary may establish gram under subsection (a), shall— shall be treated as ‘qualified scholarships’ rates for the retention bonus which shall ‘‘(1) using trainers accredited by the Pro- for purposes of section 117 of the Internal provide for a higher annual rate for gram, provide a high standard of training to Revenue Code of 1986. multiyear agreements than for single year community health aides and community ‘‘SEC. 125. NATIONAL HEALTH SERVICE CORPS. agreements referred to in subsection (a)(4), health practitioners to ensure that such ‘‘(a) LIMITATIONS.—The Secretary shall but in no event shall the annual rate be more aides and practitioners provide quality not— than $25,000 per annum. health care, health promotion, and disease ‘‘(1) remove a member of the National ‘‘(c) FAILURE TO COMPLETE TERM OF SERV- prevention services to the villages served by Health Services Corps from a health program ICE.—Any health professional failing to com- the Program; operated by Indian Health Service or by a plete the agreed upon term of service, except ‘‘(2) in order to provide such training, de- tribe or tribal organization under a funding where such failure is through no fault of the velop a curriculum that— agreement with the Service under the Indian individual, shall be obligated to refund to ‘‘(A) combines education in the theory of Self-Determination and Education Assist- the Government the full amount of the re- health care with supervised practical experi- tention bonus for the period covered by the ance Act, or by urban Indian organizations; ence in the provision of health care; or agreement, plus interest as determined by ‘‘(B) provides instruction and practical ex- the Secretary in accordance with section ‘‘(2) withdraw the funding used to support perience in the provision of acute care, emer- such a member; 110(l)(2)(B). gency care, health promotion, disease pre- ‘‘(d) FUNDING AGREEMENT.—The Secretary unless the Secretary, acting through the vention, and the efficient and effective man- may pay a retention bonus to any health Service, tribes or tribal organization, has en- agement of clinic pharmacies, supplies, professional employed by an organization sured that the Indians receiving services equipment, and facilities; and providing health care services to Indians from such member will experience no reduc- ‘‘(C) promotes the achievement of the pursuant to a funding agreement under the tion in services. health status objective specified in section Indian Self-Determination and Education ‘‘(b) DESIGNATION OF SERVICE AREAS AS 3(b); Assistance Act if such health professional is HEALTH PROFESSIONAL SHORTAGE AREAS.— ‘‘(3) establish and maintain a Community serving in a position which the Secretary de- All service areas served by programs oper- Health Aide Certification Board to certify as termines is— ated by the Service or by a tribe or tribal or- community health aides or community ‘‘(1) a position for which recruitment or re- ganization under the Indian Self-Determina- health practitioners individuals who have tention is difficult; and tion and Education Assistance Act, or by an successfully completed the training de- ‘‘(2) necessary for providing health care urban Indian organization, shall be des- scribed in paragraph (1) or who can dem- services to Indians. ignated under section 332 of the Public onstrate equivalent experience; ‘‘SEC. 120. NURSING RESIDENCY PROGRAM. Health Service Act (42 U.S.C. 254e) as Health ‘‘(4) develop and maintain a system which ‘‘(a) ESTABLISHMENT.—The Secretary, act- Professional Shortage Areas. identifies the needs of community health ing through the Service, shall establish a ‘‘(c) FULL TIME EQUIVALENT.—National aides and community health practitioners program to enable Indians who are licensed Health Service Corps scholars that qualify for continuing education in the provision of practical nurses, licensed vocational nurses, for the commissioned corps in the Public health care, including the areas described in and registered nurses who are working in an Health Service shall be exempt from the full paragraph (2)(B), and develop programs that Indian health program (as defined in section time equivalent limitations of the National meet the needs for such continuing edu- 110(a)(2)(A)), and have done so for a period of Health Service Corps and the Service when cation; not less than 1 year, to pursue advanced such scholars serve as commissioned corps ‘‘(5) develop and maintain a system that training. officers in a health program operated by an provides close supervision of community ‘‘(b) REQUIREMENT.—The program estab- Indian tribe or tribal organization under the lished under subsection (a) shall include a health aides and community health practi- Indian Self-Determination and Education combination of education and work study in tioners; and Assistance Act or by an urban Indian organi- an Indian health program (as defined in sec- ‘‘(6) develop a system under which the zation. work of community health aides and commu- tion 110(a)(2)(A)) leading to an associate or ‘‘SEC. 126. SUBSTANCE ABUSE COUNSELOR EDU- bachelor’s degree (in the case of a licensed nity health practitioners is reviewed and CATION DEMONSTRATION PROJECT. practical nurse or licensed vocational nurse) evaluated to assure the provision of quality ‘‘(a) DEMONSTRATION PROJECTS.—The Sec- or a bachelor’s degree (in the case of a reg- health care, health promotion, and disease retary, acting through the Service, may istered nurse) or an advanced degrees in prevention services. enter into contracts with, or make grants to, nursing and public health. ‘‘SEC. 122. TRIBAL HEALTH PROGRAM ADMINIS- accredited tribally controlled community ‘‘(c) SERVICE OBLIGATION.—An individual TRATION. colleges, tribally controlled postsecondary who participates in a program under sub- ‘‘Subject to Section 102, the Secretary, act- vocational institutions, and eligible accred- section (a), where the educational costs are ing through the Service, shall, through a ited and accessible community colleges to paid by the Service, shall incur an obligation funding agreement or otherwise, provide establish demonstration projects to develop to serve in an Indian health program for a training for Indians in the administration educational curricula for substance abuse period of obligated service equal to the and planning of tribal health programs. counseling. amount of time during which the individual ‘‘SEC. 123. HEALTH PROFESSIONAL CHRONIC ‘‘(b) USE OF FUNDS.—Funds provided under participates in such program. In the event SHORTAGE DEMONSTRATION this section shall be used only for developing that the individual fails to complete such ob- PROJECT. and providing educational curricula for sub- ligated service, the United States shall be ‘‘(a) PILOT PROGRAMS.—The Secretary stance abuse counseling (including paying entitled to recover from such individual an may, through area offices, fund pilot pro- salaries for instructors). Such curricula may amount determined in accordance with the grams for tribes and tribal organizations to be provided through satellite campus pro- formula specified in subsection (l) of section address chronic shortages of health profes- grams. 110 in the manner provided for in such sub- sionals. ‘‘(c) TERM OF GRANT.—A contract entered section. ‘‘(b) PURPOSE.—It is the purpose of the into or a grant provided under this section ‘‘SEC. 121. COMMUNITY HEALTH AIDE PROGRAM health professions demonstration project shall be for a period of 1 year. Such contract FOR ALASKA. under this section to— or grant may be renewed for an additional 1 ‘‘(a) IN GENERAL.—Under the authority of ‘‘(1) provide direct clinical and practical year period upon the approval of the Sec- the Act of November 2, 1921 (25 U.S.C. 13; experience in a service area to health profes- retary.

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‘‘(d) REVIEW OF APPLICATIONS.—Not later ‘‘(B) TRAINING.—With respect to any such ‘‘(C) dental care; than 180 days after the date of the enactment individual in a position specified pursuant to ‘‘(D) mental health, including community of this Act, the Secretary, after consultation subsection (b)(3), the respective Secretaries mental health services, inpatient mental with Indian tribes and administrators of ac- shall provide appropriate training or provide health services, dormitory mental health credited tribally controlled community col- funds to an Indian tribe, tribal organization, services, therapeutic and residential treat- leges, tribally controlled postsecondary vo- or urban Indian organization for the training ment centers, and training of traditional cational institutions, and eligible accredited of appropriate individuals. In the case of a health care practitioners; and accessible community colleges, shall de- funding agreement, the appropriate Sec- ‘‘(E) emergency medical services; velop and issue criteria for the review and retary shall ensure that such training costs ‘‘(F) treatment and control of, and reha- approval of applications for funding (includ- are included in the funding agreement, if bilitative care related to, alcoholism and ing applications for renewals of funding) necessary. drug abuse (including fetal alcohol syn- under this section. Such criteria shall ensure ‘‘(4) CULTURAL RELEVANCY.—Position spe- drome) among Indians; that demonstration projects established cific training criteria shall be culturally rel- ‘‘(G) accident prevention programs; under this section promote the development evant to Indians and Indian tribes and shall ‘‘(H) home health care; of the capacity of such entities to educate ensure that appropriate information regard- ‘‘(I) community health representatives; substance abuse counselors. ing traditional health care practices is pro- ‘‘(J) maintenance and repair; and ‘‘(e) TECHNICAL ASSISTANCE.—The Sec- vided. ‘‘(K) traditional health care practices. retary shall provide such technical and other ‘‘(5) COMMUNITY EDUCATION.— ‘‘(b) USE OF FUNDS.— assistance as may be necessary to enable ‘‘(A) DEVELOPMENT.—The Service shall de- ‘‘(1) LIMITATION.—Any funds appropriated grant recipients to comply with the provi- velop and implement, or on request of an In- under the authority of this section shall not sions of this section. dian tribe or tribal organization, assist an be used to offset or limit any other appro- priations made to the Service under this Act, ‘‘(f) REPORT.—The Secretary shall submit Indian tribe or tribal organization, in devel- to the President, for inclusion in the report oping and implementing a program of com- the Act of November 2, 1921 (25 U.S.C. 13) required to be submitted under section 801 munity education on mental illness. (commonly known as the ‘Snyder Act’), or any other provision of law. for fiscal year 1999, a report on the findings ‘‘(B) TECHNICAL ASSISTANCE.—In carrying ‘‘(2) ALLOCATION.— and conclusions derived from the demonstra- out this paragraph, the Service shall, upon ‘‘(A) IN GENERAL.—Funds appropriated tion projects conducted under this section. the request of an Indian tribe or tribal orga- under the authority of this section shall be ‘‘(g) DEFINITIONS.—In this section: nization, provide technical assistance to the allocated to service units or Indian tribes or ‘‘(1) EDUCATIONAL CURRICULUM.—The term Indian tribe or tribal organization to obtain tribal organizations. The funds allocated to ‘educational curriculum’ means 1 or more of and develop community educational mate- each tribe, tribal organization, or service the following: rials on the identification, prevention, refer- unit under this subparagraph shall be used to ‘‘(A) Classroom education. ral and treatment of mental illness, dysfunc- improve the health status and reduce the re- tional and self-destructive behavior. ‘‘(B) Clinical work experience. source deficiency of each tribe served by ‘‘(b) STAFFING.— ‘‘(C) Continuing education workshops. such service unit, tribe or tribal organiza- ‘‘(2) TRIBALLY CONTROLLED COMMUNITY COL- ‘‘(1) IN GENERAL.—Not later than 90 days after the date of enactment of the Act, the tion. Such allocation shall weigh the LEGE.—The term ‘tribally controlled commu- amounts appropriated in favor of those serv- nity college’ has the meaning given such Director of the Service shall develop a plan under which the Service will increase the ice areas where the health status of Indians term in section 2(a)(4) of the Tribally Con- within the area, as measured by life expect- trolled Community College Assistance Act of number of health care staff that are pro- viding mental health services by at least 500 ancy based upon the most recent data avail- 1978 (25 U.S.C. 1801(a)(4)). able, is significantly lower than the average ‘‘(3) TRIBALLY CONTROLLED POSTSECONDARY positions within 5 years after such date of enactment, with at least 200 of such posi- health status for Indians for all service VOCATIONAL INSTITUTION.—The term ‘tribally areas, except that amounts allocated to each controlled postsecondary vocational institu- tions devoted to child, adolescent, and fam- ily services. The allocation of such positions such area using such a weighted allocation tion’ has the meaning given such term in formula shall not be less than the amounts section 390(2) of the Tribally Controlled Vo- shall be subject to the provisions of section 102(a). allocated to each such area in the previous cational Institutions Support Act of 1990 (20 fiscal year. U.S.C. 2397h(2)). ‘‘(2) IMPLEMENTATION.—The plan developed under paragraph (1) shall be implemented ‘‘(B) APPORTIONMENT.—The apportionment ‘‘SEC. 127. MENTAL HEALTH TRAINING AND COM- of funds allocated to a service unit, tribe or MUNITY EDUCATION. under the Act of November 2, 1921 (25 U.S.C. 13) (commonly know as the ‘Snyder Act’). tribal organization under subparagraph (A) ‘‘(a) STUDY AND LIST.— among the health service responsibilities de- ‘‘SEC. 128. AUTHORIZATION OF APPROPRIATIONS. ‘‘(1) IN GENERAL.—The Secretary and the scribed in subsection (a)(4) shall be deter- ‘‘There are authorized to be appropriated Secretary of the Interior in consultation mined by the Service in consultation with, such sums as may be necessary for each fis- with Indian tribes and tribal organizations and with the active participation of, the af- cal year through fiscal year 2015 to carry out shall conduct a study and compile a list of fected Indian tribes in accordance with this this title. the types of staff positions specified in sub- section and such rules as may be established section (b) whose qualifications include or ‘‘TITLE II—HEALTH SERVICES under title VIII. should include, training in the identifica- ‘‘SEC. 201. INDIAN HEALTH CARE IMPROVEMENT ‘‘(c) HEALTH STATUS AND RESOURCE DEFI- tion, prevention, education, referral or treat- FUND. CIENCY.—In this section: ment of mental illness, dysfunctional or self- ‘‘(a) IN GENERAL.—The Secretary may ex- ‘‘(1) DEFINITION.—The term ‘health status destructive behavior. pend funds, directly or under the authority and resource deficiency’ means the extent to ‘‘(2) POSITIONS.—The positions referred to of the Indian Self-Determination and Edu- which— in paragraph (1) are— cation Assistance Act, that are appropriated ‘‘(A) the health status objective set forth ‘‘(A) staff positions within the Bureau of under the authority of this section, for the in section 3(2) is not being achieved; and Indian Affairs, including existing positions, purposes of— ‘‘(B) the Indian tribe or tribal organization in the fields of— ‘‘(1) eliminating the deficiencies in the does not have available to it the health re- ‘‘(i) elementary and secondary education; health status and resources of all Indian sources it needs, taking into account the ac- ‘‘(ii) social services, family and child wel- tribes; tual cost of providing health care services fare; ‘‘(2) eliminating backlogs in the provision given local geographic, climatic, rural, or ‘‘(iii) law enforcement and judicial serv- of health care services to Indians; other circumstances. ices; and ‘‘(3) meeting the health needs of Indians in ‘‘(2) RESOURCES.—The health resources ‘‘(iv) alcohol and substance abuse; an efficient and equitable manner; available to an Indian tribe or tribal organi- ‘‘(B) staff positions within the Service; and ‘‘(4) eliminating inequities in funding for zation shall include health resources pro- ‘‘(C) staff positions similar to those speci- both direct care and contract health service vided by the Service as well as health re- fied in subsection (b) and established and programs; and sources used by the Indian Tribe or tribal or- maintained by Indian tribes, tribal organiza- ‘‘(5) augmenting the ability of the Service ganization, including services and financing tions, and urban Indian organizations, in- to meet the following health service respon- systems provided by any Federal programs, cluding positions established pursuant to sibilities with respect to those Indian tribes private insurance, and programs of State or funding agreements under the Indian Self-de- with the highest levels of health status and local governments. termination and Education Assistance Act, resource deficiencies: ‘‘(3) REVIEW OF DETERMINATION.—The Sec- and this Act. ‘‘(A) clinical care, including inpatient care, retary shall establish procedures which allow ‘‘(3) TRAINING CRITERIA.— outpatient care (including audiology, clin- any Indian tribe or tribal organization to pe- ‘‘(A) IN GENERAL.—The appropriate Sec- ical eye and vision care), primary care, sec- tition the Secretary for a review of any de- retary shall provide training criteria appro- ondary and tertiary care, and long term termination of the extent of the health sta- priate to each type of position specified in care; tus and resource deficiency of such tribe or subsection (b)(1) and ensure that appropriate ‘‘(B) preventive health, including mam- tribal organization. training has been or will be provided to any mography and other cancer screening in ac- ‘‘(d) ELIGIBILITY.—Programs administered individual in any such position. cordance with section 207; by any Indian tribe or tribal organization

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under the authority of the Indian Self-Deter- ‘‘(4) NOT SUBJECT TO CONTRACT OR GRANT.— tions, shall provide health promotion and mination and Education Assistance Act shall No part of the CHEF or its administration disease prevention services to Indians so as be eligible for funds appropriated under the shall be subject to contract or grant under to achieve the health status objective set authority of this section on an equal basis any law, including the Indian Self-Deter- forth in section 3(b). with programs that are administered di- mination and Education Assistance Act. ‘‘(c) DISEASE PREVENTION AND HEALTH PRO- rectly by the Service. ‘‘(5) ADMINISTRATION.—Amounts provided MOTION.—In this section: ‘‘(e) REPORT.—Not later than the date that from the CHEF shall be administered by the ‘‘(1) DISEASE PREVENTION.—The term ‘dis- is 3 years after the date of enactment of this area offices based upon priorities determined ease prevention’ means the reduction, limi- Act, the Secretary shall submit to the Con- by the Indian tribes and tribal organizations tation, and prevention of disease and its gress the current health status and resource within each service area, including a consid- complications, and the reduction in the con- deficiency report of the Service for each In- eration of the needs of Indian tribes and trib- sequences of such diseases, including— dian tribe or service unit, including newly al organizations which are contract health ‘‘(A) controlling— recognized or acknowledged tribes. Such re- service-dependent. ‘‘(i) diabetes; port shall set out— ‘‘(b) REQUIREMENTS.—The Secretary shall, ‘‘(ii) high blood pressure; ‘‘(1) the methodology then in use by the through the negotiated rulemaking process ‘‘(iii) infectious agents; Service for determining tribal health status under title VIII, promulgate regulations con- ‘‘(iv) injuries; and resource deficiencies, as well as the most sistent with the provisions of this section— ‘‘(v) occupational hazards and disabilities; recent application of that methodology; ‘‘(1) establish a definition of disasters and ‘‘(vi) sexually transmittable diseases; and ‘‘(2) the extent of the health status and re- catastrophic illnesses for which the cost of ‘‘(vii) toxic agents; and source deficiency of each Indian tribe served treatment provided under contract would ‘‘(B) providing— by the Service; qualify for payment from the CHEF; ‘‘(i) for the fluoridation of water; and ‘‘(3) the amount of funds necessary to ‘‘(2) provide that a service unit, Indian ‘‘(ii) immunizations. eliminate the health status and resource de- tribe, or tribal organization shall not be eli- ‘‘(2) HEALTH PROMOTION.—The term ‘health ficiencies of all Indian tribes served by the gible for reimbursement for the cost of treat- promotion’ means fostering social, eco- Service; and ment from the CHEF until its cost of treat- nomic, environmental, and personal factors ‘‘(4) an estimate of— ment for any victim of such a catastrophic conducive to health, including— ‘‘(A) the amount of health service funds ap- illness or disaster has reached a certain ‘‘(A) raising people’s awareness about propriated under the authority of this Act, health matters and enabling them to cope threshold cost which the Secretary shall es- or any other Act, including the amount of with health problems by increasing their tablish at— any funds transferred to the Service, for the knowledge and providing them with valid in- ‘‘(A) for 1999, not less than $19,000; and preceding fiscal year which is allocated to formation; ‘‘(B) for any subsequent year, not less than each service unit, Indian tribe, or com- ‘‘(B) encouraging adequate and appropriate the threshold cost of the previous year in- parable entity; diet, exercise, and sleep; creased by the percentage increase in the ‘‘(B) the number of Indians eligible for ‘‘(C) promoting education and work in con- medical care expenditure category of the health services in each service unit or Indian formity with physical and mental capacity; consumer price index for all urban con- tribe or tribal organization; and ‘‘(E) making available suitable housing, sumers (United States city average) for the ‘‘(C) the number of Indians using the Serv- safe water, and sanitary facilities; 12-month period ending with December of the ice resources made available to each service ‘‘(F) improving the physical economic, cul- previous year; unit or Indian tribe or tribal organization, tural, psychological, and social environment; ‘‘(3) establish a procedure for the reim- and, to the extent available, information on ‘‘(G) promoting adequate opportunity for bursement of the portion of the costs in- the waiting lists and number of Indians spiritual, religious, and traditional prac- curred by— turned away for services due to lack of re- tices; and ‘‘(A) service units, Indian tribes, or tribal sources. ‘‘(H) adequate and appropriate programs organizations, or facilities of the Service; or ‘‘(f) BUDGETARY RULE.—Funds appropriated including— ‘‘(B) non-Service facilities or providers under the authority of this section for any ‘‘(i) abuse prevention (mental and phys- whenever otherwise authorized by the Serv- fiscal year shall be included in the base ical); ice; budget of the Service for the purpose of de- ‘‘(iii) community health; termining appropriations under this section in rendering treatment that exceeds thresh- ‘‘(iv) community safety; in subsequent fiscal years. old cost described in paragraph (2); ‘‘(v) consumer health education; ‘‘(g) RULE OF CONSTRUCTION.—Nothing in ‘‘(4) establish a procedure for payment ‘‘(vi) diet and nutrition; this section shall be construed to diminish from the CHEF in cases in which the exigen- the primary responsibility of the Service to ‘‘(vii) disease prevention (communicable, cies of the medical circumstances warrant immunizations, HIV/AIDS); eliminate existing backlogs in unmet health treatment prior to the authorization of such care needs or to discourage the Service from ‘‘(viii) environmental health; treatment by the Service; and ‘‘(ix) exercise and physical fitness; undertaking additional efforts to achieve eq- ‘‘(5) establish a procedure that will ensure uity among Indian tribes and tribal organi- ‘‘(x) fetal alcohol disorders; that no payment shall be made from the zations. ‘‘(xi) first aid and CPR education; CHEF to any provider of treatment to the ‘‘(h) DESIGNATION.—Any funds appropriated ‘‘(xii) human growth and development; under the authority of this section shall be extent that such provider is eligible to re- ‘‘(xiii) injury prevention and personal safe- designated as the ‘Indian Health Care Im- ceive payment for the treatment from any ty; provement Fund’. other Federal, State, local, or private source ‘‘(xiv) mental health (emotional, self- of reimbursement for which the patient is el- ‘‘SEC. 202. CATASTROPHIC HEALTH EMERGENCY worth); FUND. igible. ‘‘(xv) personal health and wellness prac- ‘‘(a) ESTABLISHMENT.— ‘‘(c) LIMITATION.—Amounts appropriated to tices; ‘‘(1) IN GENERAL.—There is hereby estab- the CHEF under this section shall not be ‘‘(xvi) personal capacity building; lished an Indian Catastrophic Health Emer- used to offset or limit appropriations made ‘‘(xvii) prenatal, pregnancy, and infant gency Fund (referred to in this section as the to the Service under the authority of the Act care; ‘CHEF’) consisting of— of November 2, 1921 (25 U.S.C. 13) (commonly ‘‘(xviii) psychological well being; ‘‘(A) the amounts deposited under sub- known as the Snyder Act) or any other law. ‘‘(xix) reproductive health (family plan- section (d); and ‘‘(d) DEPOSITS.—There shall be deposited ning); ‘‘(B) any amounts appropriated to the into the CHEF all reimbursements to which ‘‘(xx) safe and adequate water; CHEF under this Act. the Service is entitled from any Federal, ‘‘(xxi) safe housing; ‘‘(2) ADMINISTRATION.—The CHEF shall be State, local, or private source (including ‘‘(xxii) safe work environments; administered by the Secretary solely for the third party insurance) by reason of treat- ‘‘(xxiii) stress control; purpose of meeting the extraordinary med- ment rendered to any victim of a disaster or ‘‘(xxiv) substance abuse; ical costs associated with the treatment of catastrophic illness the cost of which was ‘‘(xxv) sanitary facilities; victims of disasters or catastrophic illnesses paid from the CHEF. ‘‘(xxvi) tobacco use cessation and reduc- who are within the responsibility of the ‘‘SEC. 203. HEALTH PROMOTION AND DISEASE tion; Service. PREVENTION SERVICES. ‘‘(xxvii) violence prevention; and ‘‘(3) EQUITABLE ALLOCATION.—The CHEF ‘‘(a) FINDINGS.—Congress finds that health ‘‘(xxviii) such other activities identified by shall be equitably allocated, apportioned or promotion and disease prevention activities the Service, an Indian tribe or tribal organi- delegated on a service unit or area office will— zation, to promote the achievement of the basis, based upon a formula to be developed ‘‘(1) improve the health and well-being of objective described in section 3(b). by the Secretary in consultation with the In- Indians; and ‘‘(d) EVALUATION.—The Secretary, after ob- dian tribes and tribal organizations through ‘‘(2) reduce the expenses for health care of taining input from affected Indian tribes and negotiated rulemaking under title VIII. Such Indians. tribal organizations, shall submit to the formula shall take into account the added ‘‘(b) PROVISION OF SERVICES.—The Sec- President for inclusion in each statement needs of service areas which are contract retary, acting through the Service and which is required to be submitted to Con- health service dependent. through Indian tribes and tribal organiza- gress under section 801 an evaluation of—

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‘‘(1) the health promotion and disease pre- ‘‘(b) REQUIREMENTS.—A funding agreement ‘‘(2) Transportation by private vehicle, spe- vention needs of Indians; or other arrangement entered into pursuant cially equipped vehicle and ambulance. ‘‘(2) the health promotion and disease pre- to subsection (a)— ‘‘(3) Transportation by such other means as vention activities which would best meet ‘‘(1) may, at the request of the Indian tribe may be available and required when air or such needs; or tribal organization, delegate to such tribe motor vehicle transportation is not avail- ‘‘(3) the internal capacity of the Service to or tribal organization such powers of super- able. meet such needs; and vision and control over Service employees as ‘‘SEC. 209. EPIDEMIOLOGY CENTERS. ‘‘(4) the resources which would be required the Secretary deems necessary to carry out ‘‘(a) ESTABLISHMENT.— to enable the Service to undertake the the purposes of this section; ‘‘(1) IN GENERAL.—In addition to those cen- health promotion and disease prevention ac- ‘‘(2) shall provide that expenses (including ters operating 1 day prior to the date of en- tivities necessary to meet such needs. salaries) relating to services that are shared actment of this Act, (including those centers ‘‘SEC. 204. DIABETES PREVENTION, TREATMENT, between the Service and the tribal facility for which funding is currently being provided AND CONTROL. be allocated proportionately between the through funding agreements under the In- ‘‘(a) DETERMINATION.—The Secretary, in Service and the tribe or tribal organization; dian Self-Determination and Education As- consultation with Indian tribes and tribal or- and sistance Act), the Secretary shall, not later ganizations, shall determine— ‘‘(3) may authorize such tribe or tribal or- than 180 days after such date of enactment, ‘‘(1) by tribe, tribal organization, and serv- ganization to construct, renovate, or expand establish and fund an epidemiology center in ice unit of the Service, the prevalence of, and a long-term care or other similar facility (in- each service area which does not have such a the types of complications resulting from, cluding the construction of a facility at- center to carry out the functions described diabetes among Indians; and tached to a Service facility). in paragraph (2). Any centers established ‘‘(2) based on paragraph (1), the measures ‘‘(c) TECHNICAL ASSISTANCE.—The Sec- (including patient education) each service retary shall provide such technical and other under the preceding sentence may be oper- unit should take to reduce the prevalence of, assistance as may be necessary to enable ap- ated by Indian tribes or tribal organizations and prevent, treat, and control the complica- plicants to comply with the provisions of pursuant to funding agreements under the tions resulting from, diabetes among Indian this section. Indian Self-Determination and Education Assistance Act, but funding under such tribes within that service unit. ‘‘(d) USE OF EXISTING FACILITIES.—The Sec- ‘‘(b) SCREENING.—The Secretary shall retary shall encourage the use for long-term agreements may not be divisible. screen each Indian who receives services or similar care of existing facilities that are ‘‘(2) FUNCTIONS.—In consultation with and from the Service for diabetes and for condi- under-utilized or allow the use of swing beds upon the request of Indian tribes, tribal or- tions which indicate a high risk that the in- for such purposes. ganizations and urban Indian organizations, each area epidemiology center established dividual will become diabetic. Such screen- ‘‘SEC. 206. HEALTH SERVICES RESEARCH. under this subsection shall, with respect to ing may be done by an Indian tribe or tribal ‘‘(a) FUNDING.—The Secretary shall make such area shall— organization operating health care programs funding available for research to further the ‘‘(A) collect data related to the health sta- or facilities with funds from the Service performance of the health service respon- tus objective described in section 3(b), and under the Indian Self-Determination and sibilities of the Service, Indian tribes, and monitor the progress that the Service, In- Education Assistance Act. tribal organizations and shall coordinate the ‘‘(c) CONTINUED FUNDING.—The Secretary dian tribes, tribal organizations, and urban activities of other Agencies within the De- shall continue to fund, through fiscal year Indian organizations have made in meeting partment to address these research needs. 2015, each effective model diabetes project in such health status objective; ‘‘(b) ALLOCATION.—Funding under sub- existence on the date of the enactment of ‘‘(B) evaluate existing delivery systems, section (a) shall be allocated equitably this Act and such other diabetes programs data systems, and other systems that impact among the area offices. Each area office operated by the Secretary or by Indian tribes the improvement of Indian health; shall award such funds competitively within and tribal organizations and any additional ‘‘(C) assist Indian tribes, tribal organiza- that area. programs added to meet existing diabetes tions, and urban Indian organizations in ‘‘(c) ELIGIBILITY FOR FUNDS.—Indian tribes needs. Indian tribes and tribal organizations identifying their highest priority health sta- and tribal organizations receiving funding shall receive recurring funding for the diabe- tus objectives and the services needed to from the Service under the authority of the tes programs which they operate pursuant to achieve such objectives, based on epidemio- Indian Self-Determination and Education this section. Model diabetes projects shall logical data; Assistance Act shall be given an equal oppor- consult, on a regular basis, with tribes and ‘‘(D) make recommendations for the tar- tunity to compete for, and receive, research tribal organizations in their regions regard- geting of services needed by tribal, urban, funds under this section. ing diabetes needs and provide technical ex- and other Indian communities; pertise as needed. ‘‘(d) USE.—Funds received under this sec- tion may be used for both clinical and non- ‘‘(E) make recommendations to improve ‘‘(d) DIALYSIS PROGRAMS.—The Secretary health care delivery systems for Indians and shall provide funding through the Service, clinical research by Indian tribes and tribal organizations and shall be distributed to the urban Indians; Indian tribes and tribal organizations to es- ‘‘(F) provide requested technical assistance tablish dialysis programs, including funds to area offices. Such area offices may make grants using such funds within each area. to Indian Tribes and urban Indian organiza- purchase dialysis equipment and provide tions in the development of local health necessary staffing. ‘‘SEC. 207. MAMMOGRAPHY AND OTHER CANCER service priorities and incidence and preva- SCREENING. ‘‘(e) OTHER ACTIVITIES.—The Secretary lence rates of disease and other illness in the ‘‘The Secretary, through the Service or shall, to the extent funding is available— community; and through Indian tribes or tribal organiza- ‘‘(1) in each area office of the Service, con- ‘‘(G) provide disease surveillance and assist tions, shall provide for the following screen- sult with Indian tribes and tribal organiza- Indian tribes, tribal organizations, and urban ing: tions regarding programs for the prevention, Indian organizations to promote public ‘‘(1) Mammography (as defined in section treatment, and control of diabetes; health. 1861(jj) of the Social Security Act) for Indian ‘‘(2) establish in each area office of the ‘‘(3) TECHNICAL ASSISTANCE.—The director women at a frequency appropriate to such Service a registry of patients with diabetes of the Centers for Disease Control and Pre- women under national standards, and under to track the prevalence of diabetes and the vention shall provide technical assistance to such terms and conditions as are consistent complications from diabetes in that area; the centers in carrying out the requirements with standards established by the Secretary and of this subsection. ‘‘(3) ensure that data collected in each area to assure the safety and accuracy of screen- ‘‘(b) FUNDING.—The Secretary may make office regarding diabetes and related com- ing mammography under part B of title funding available to Indian tribes, tribal or- plications among Indians is disseminated to XVIII of the Social Security Act. ganizations, and eligible intertribal con- tribes, tribal organizations, and all other ‘‘(2) Other cancer screening meeting na- sortia or urban Indian organizations to con- area offices. tional standards. duct epidemiological studies of Indian com- ‘‘SEC. 208. PATIENT TRAVEL COSTS. ‘‘SEC. 205. SHARED SERVICES. munities. ‘‘(a) IN GENERAL.—The Secretary, acting ‘‘The Secretary, acting through the Serv- through the Service and notwithstanding ice, Indian tribes and tribal organizations ‘‘SEC. 210. COMPREHENSIVE SCHOOL HEALTH any other provision of law, is authorized to shall provide funds for the following patient EDUCATION PROGRAMS. enter into funding agreements or other ar- travel costs, including appropriate and nec- ‘‘(a) IN GENERAL.—The Secretary, acting rangements with Indian tribes or tribal orga- essary qualified escorts, associated with re- through the Service, shall provide funding to nizations for the delivery of long-term care ceiving health care services provided (either Indian tribes, tribal organizations, and urban and similar services to Indians. Such through direct or contract care or through Indian organizations to develop comprehen- projects shall provide for the sharing of staff funding agreements entered into pursuant to sive school health education programs for or other services between a Service or tribal the Indian Self-Determination and Edu- children from preschool through grade 12 in facility and a long-term care or other simi- cation Assistance Act) under this Act: schools for the benefit of Indian and urban lar facility owned and operated (directly or ‘‘(1) Emergency air transportation and Indian children. through a funding agreement) by such Indian nonemergency air transportation where ‘‘(b) USE OF FUNDS.—Funds awarded under tribe or tribal organization. ground transportation is infeasible. this section may be used to—

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.097 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3291 ‘‘(1) develop and implement health edu- tion and health promotion and treatment this Act to meet the objective set forth in cation curricula both for regular school pro- programs for Indian and urban Indian pre- section 3 through health care related serv- grams and after school programs; adolescent and adolescent youths. ices and programs not otherwise described in ‘‘(2) train teachers in comprehensive school ‘‘(b) USE OF FUNDS.— this Act. Such services and programs shall health education curricula; ‘‘(1) IN GENERAL.—Funds made available include services and programs related to— ‘‘(3) integrate school-based, community- under this section may be used to— ‘‘(1) hospice care and assisted living; based, and other public and private health ‘‘(A) develop prevention and treatment ‘‘(2) long-term health care; promotion efforts; programs for Indian youth which promote ‘‘(3) home- and community-based services; ‘‘(4) encourage healthy, tobacco-free school mental and physical health and incorporate ‘‘(4) public health functions; and environments; cultural values, community and family in- ‘‘(5) traditional health care practices. ‘‘(5) coordinate school-based health pro- volvement, and traditional health care prac- ‘‘(b) AVAILABILITY OF SERVICES FOR CER- grams with existing services and programs titioners; and TAIN INDIVIDUALS.—At the discretion of the available in the community; ‘‘(B) develop and provide community train- Service, Indian tribe, or tribal organization, ‘‘(6) develop school programs on nutrition ing and education. services hospice care, home health care education, personal health, oral health, and ‘‘(2) LIMITATION.—Funds made available (under section 201), home- and community- fitness; under this section may not be used to pro- based care, assisted living, and long term ‘‘(7) develop mental health wellness pro- vide services described in section 707(c). care may be provided (on a cost basis) to in- grams; ‘‘(c) REQUIREMENTS.—The Secretary shall— dividuals otherwise ineligible for the health ‘‘(8) develop chronic disease prevention ‘‘(1) disseminate to Indian tribes, tribal or- care benefits of the Service. Any funds re- programs; ganizations, and urban Indian organizations ceived under this subsection shall not be ‘‘(9) develop substance abuse prevention information regarding models for the deliv- used to offset or limit the funding allocated programs; ery of comprehensive health care services to to a tribe or tribal organization. ‘‘(10) develop injury prevention and safety Indian and urban Indian adolescents; ‘‘(c) DEFINITIONS.—In this section: education programs; ‘‘(2) encourage the implementation of such ‘‘(1) HOME- AND COMMUNITY-BASED SERV- ‘‘(11) develop activities for the prevention models; and ICES.—The term ‘home- and community- and control of communicable diseases; ‘‘(3) at the request of an Indian tribe, tribal based services’ means 1 or more of the fol- ‘‘(12) develop community and environ- organization, or urban Indian organization, lowing: mental health education programs that in- provide technical assistance in the imple- ‘‘(A) Homemaker/home health aide serv- clude traditional health care practitioners; mentation of such models. ices. ‘‘(13) carry out violence prevention activi- ‘‘(d) CRITERIA.—The Secretary, in consulta- ‘‘(B) Chore services. ties; and tion with Indian tribes, tribal organization, ‘‘(C) Personal care services. ‘‘(14) carry out activities relating to such and urban Indian organizations, shall estab- ‘‘(D) Nursing care services provided outside other health issues as are appropriate. lish criteria for the review and approval of of a nursing facility by, or under the super- ‘‘(c) TECHNICAL ASSISTANCE.—The Sec- applications under this section. vision of, a registered nurse. retary shall, upon request, provide technical ‘‘SEC. 212. PREVENTION, CONTROL, AND ELIMI- ‘‘(E) Training for family members. assistance to Indian tribes, tribal organiza- NATION OF COMMUNICABLE AND IN- ‘‘(F) Adult day care. FECTIOUS DISEASES. tions and urban Indian organizations in the ‘‘(G) Such other home- and community- ‘‘(a) IN GENERAL.—The Secretary, acting development of comprehensive health edu- based services as the Secretary or a tribe or through the Service after consultation with cation plans, and the dissemination of com- tribal organization may approve. Indian tribes, tribal organizations, urban In- prehensive health education materials and ‘‘(2) HOSPICE CARE.—The term ‘hospice dian organizations, and the Centers for Dis- information on existing health programs and care’ means the items and services specified ease Control and Prevention, may make resources. in subparagraphs (A) through (H) of section funding available to Indian tribes and tribal ‘‘(d) CRITERIA.—The Secretary, in consulta- 1861(dd)(1) of the Social Security Act (42 organizations for— tion with Indian tribes, tribal organizations, U.S.C. 1395x(dd)(1)), and such other services ‘‘(1) projects for the prevention, control, and urban Indian organizations shall estab- which an Indian tribe or tribal organization and elimination of communicable and infec- lish criteria for the review and approval of determines are necessary and appropriate to tious diseases, including tuberculosis, hepa- applications for funding under this section. provide in furtherance of such care. titis, HIV, respiratory syncitial virus, hanta ‘‘(e) COMPREHENSIVE SCHOOL HEALTH EDU- ‘‘(3) PUBLIC HEALTH FUNCTIONS.—The term virus, sexually transmitted diseases, and H. CATION PROGRAM.— ‘public health functions’ means public health Pylori, which projects may include screen- ‘‘(1) DEVELOPMENT.—The Secretary of the related programs, functions, and services in- ing, testing and treatment for HCV and other Interior, acting through the Bureau of In- cluding assessments, assurances, and policy infectious and communicable diseases; dian Affairs and in cooperation with the Sec- development that Indian tribes and tribal or- ‘‘(2) public information and education pro- retary and affected Indian tribes and tribal ganizations are authorized and encouraged, grams for the prevention, control, and elimi- organizations, shall develop a comprehensive in those circumstances where it meets their nation of communicable and infectious dis- school health education program for children needs, to carry out by forming collaborative eases; from preschool through grade 12 for use in relationships with all levels of local, State, ‘‘(3) education, training, and clinical skills schools operated by the Bureau of Indian Af- and Federal governments. improvement activities in the prevention, fairs. control, and elimination of communicable ‘‘SEC. 214. INDIAN WOMEN’S HEALTH CARE. ‘‘(2) REQUIREMENTS.—The program devel- and infectious diseases for health profes- ‘‘The Secretary acting through the Serv- oped under paragraph (1) shall include— sionals, including allied health professionals; ice, Indian tribes, tribal organizations, and ‘‘(A) school programs on nutrition edu- and urban Indian organizations shall provide cation, personal health, oral health, and fit- ‘‘(4) a demonstration project that studies funding to monitor and improve the quality ness; the seroprevalence of the Hepatitis C virus of health care for Indian women of all ages ‘‘(B) mental health wellness programs; among a random sample of American Indian through the planning and delivery of pro- ‘‘(C) chronic disease prevention programs; and Alaskan Native populations and identi- grams administered by the Service, in order ‘‘(D) substance abuse prevention programs; fies prevalence rates among a variety of to improve and enhance the treatment mod- ‘‘(E) injury prevention and safety edu- tribes and geographic regions. els of care for Indian women. cation programs; and ‘‘(b) REQUIREMENT OF APPLICATION.—The ‘‘SEC. 215. ENVIRONMENTAL AND NUCLEAR ‘‘(F) activities for the prevention and con- Secretary may provide funds under sub- HEALTH HAZARDS. trol of communicable diseases. section (a) only if an application or proposal ‘‘(a) STUDY AND MONITORING PROGRAMS.— ‘‘(3) TRAINING AND COORDINATION.—The Sec- for such funds is submitted. The Secretary and the Service shall, in con- retary of the Interior shall— ‘‘(c) TECHNICAL ASSISTANCE AND REPORT.— junction with other appropriate Federal ‘‘(A) provide training to teachers in com- In carrying out this section, the Secretary— agencies and in consultation with concerned prehensive school health education cur- ‘‘(1) may, at the request of an Indian tribe Indian tribes and tribal organizations, con- ricula; or tribal organization, provide technical as- duct a study and carry out ongoing moni- ‘‘(B) ensure the integration and coordina- sistance; and toring programs to determine the trends tion of school-based programs with existing ‘‘(2) shall prepare and submit, biennially, a that exist in the health hazards posed to In- services and health programs available in report to Congress on the use of funds under dian miners and to Indians on or near Indian the community; and this section and on the progress made toward reservations and in Indian communities as a ‘‘(C) encourage healthy, tobacco-free the prevention, control, and elimination of result of environmental hazards that may re- school environments. communicable and infectious diseases among sult in chronic or life-threatening health ‘‘SEC. 211. INDIAN YOUTH PROGRAM. Indians and urban Indians. problems. Such hazards include nuclear re- ‘‘(a) IN GENERAL.—The Secretary, acting ‘‘SEC. 213. AUTHORITY FOR PROVISION OF OTHER source development, petroleum contamina- through the Service, is authorized to provide SERVICES. tion, and contamination of the water source funding to Indian tribes, tribal organiza- ‘‘(a) IN GENERAL.—The Secretary, acting or of the food chain. Such study (and any re- tions, and urban Indian organizations for in- through the Service, Indian tribes, and tribal ports with respect to such study) shall in- novative mental and physical disease preven- organizations, may provide funding under clude—

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.097 S06PT1 S3292 CONGRESSIONAL RECORD — SENATE March 6, 2003 ‘‘(1) an evaluation of the nature and extent ‘‘(D) The Assistant Secretary for Occupa- ing September 30, 2015, the State of South of health problems caused by environmental tional Safety and Health. Dakota shall be designated as a contract hazards currently exhibited among Indians ‘‘(E) The Secretary of the Interior. health service delivery area by the Service and the causes of such health problems; ‘‘(2) DUTIES.—The Task Force shall iden- for the purpose of providing contract health ‘‘(2) an analysis of the potential effect of tify existing and potential operations related care services to members of federally recog- ongoing and future environmental resource to nuclear resource development or other en- nized Indian Tribes of South Dakota. development on or near Indian reservations vironmental hazards that affect or may af- ‘‘(b) LIMITATION.—The Service shall not and communities including the cumulative fect the health of Indians on or near an In- curtail any health care services provided to effect of such development over time on dian reservation or in an Indian community, Indians residing on Federal reservations in health; and enter into activities to correct existing the State of South Dakota if such curtail- ‘‘(3) an evaluation of the types and nature health hazards and ensure that current and ment is due to the provision of contract serv- of activities, practices, and conditions caus- future health problems resulting from nu- ices in such State pursuant to the designa- ing or affecting such health problems includ- clear resource or other development activi- tion of such State as a contract health serv- ing uranium mining and milling, uranium ties are minimized or reduced. ice delivery area pursuant to subsection (a). mine tailing deposits, nuclear power plant ‘‘(3) ADMINISTRATIVE PROVISIONS.—The Sec- ‘‘SEC. 217. CALIFORNIA CONTRACT HEALTH SERV- operation and construction, and nuclear retary shall serve as the chairperson of the ICES DEMONSTRATION PROGRAM. waste disposal, oil and gas production or Task Force. The Task Force shall meet at ‘‘(a) IN GENERAL.—The Secretary may fund transportation on or near Indian reserva- least twice each year. Each member of the a program that utilizes the California Rural tions or communities, and other develop- Task Force shall furnish necessary assist- Indian Health Board as a contract care inter- ment that could affect the health of Indians ance to the Task Force. mediary to improve the accessibility of and their water supply and food chain; ‘‘(e) PROVISION OF APPROPRIATE MEDICAL health services to California Indians. ‘‘(4) a summary of any findings or rec- CARE.—In the case of any Indian who— ‘‘(b) REIMBURSEMENT OF BOARD.— ommendations provided in Federal and State ‘‘(1) as a result of employment in or near a ‘‘(1) AGREEMENT.—The Secretary shall studies, reports, investigations, and inspec- uranium mine or mill or near any other envi- enter into an agreement with the California tions during the 5 years prior to the date of ronmental hazard, suffers from a work re- Rural Indian Health Board to reimburse the the enactment of this Act that directly or lated illness or condition; Board for costs (including reasonable admin- indirectly relate to the activities, practices, ‘‘(2) is eligible to receive diagnosis and istrative costs) incurred pursuant to this and conditions affecting the health or safety treatment services from a Service facility; section in providing medical treatment of such Indians; and and under contract to California Indians de- ‘‘(5) a description of the efforts that have ‘‘(3) by reason of such Indian’s employ- scribed in section 809(b) throughout the Cali- been made by Federal and State agencies and ment, is entitled to medical care at the ex- fornia contract health services delivery area resource and economic development compa- pense of such mine or mill operator or entity described in section 218 with respect to high- nies to effectively carry out an education responsible for the environmental hazard; cost contract care cases. program for such Indians regarding the the Service shall, at the request of such In- ‘‘(2) ADMINISTRATION.—Not more than 5 health and safety hazards of such develop- dian, render appropriate medical care to percent of the amounts provided to the ment. such Indian for such illness or condition and Board under this section for any fiscal year ‘‘(b) DEVELOPMENT OF HEALTH CARE may recover the costs of any medical care so may be used for reimbursement for adminis- PLANS.—Upon the completion of the study trative expenses incurred by the Board dur- under subsection (a), the Secretary and the rendered to which such Indian is entitled at ing such fiscal year. Service shall take into account the results of the expense of such operator or entity from ‘‘(3) LIMITATION.—No payment may be such study and, in consultation with Indian such operator or entity. Nothing in this sub- made for treatment provided under this sec- tribes and tribal organizations, develop a section shall affect the rights of such Indian health care plan to address the health prob- to recover damages other than such costs tion to the extent that payment may be lems that were the subject of such study. paid to the Service from the employer for made for such treatment under the Cata- The plans shall include— such illness or condition. strophic Health Emergency Fund described ‘‘(1) methods for diagnosing and treating ‘‘SEC. 216. ARIZONA AS A CONTRACT HEALTH in section 202 or from amounts appropriated Indians currently exhibiting such health SERVICE DELIVERY AREA. or otherwise made available to the Cali- problems; ‘‘(a) IN GENERAL.—For fiscal years begin- fornia contract health service delivery area ‘‘(2) preventive care and testing for Indians ning with the fiscal year ending September for a fiscal year. who may be exposed to such health hazards, 30, 1983, and ending with the fiscal year end- ‘‘(c) ADVISORY BOARD.—There is hereby es- including the monitoring of the health of in- ing September 30, 2015, the State of Arizona tablished an advisory board that shall advise dividuals who have or may have been ex- shall be designated as a contract health serv- the California Rural Indian Health Board in posed to excessive amounts of radiation, or ice delivery area by the Service for the pur- carrying out this section. The advisory board affected by other activities that have had or pose of providing contract health care serv- shall be composed of representatives, se- could have a serious impact upon the health ices to members of federally recognized In- lected by the California Rural Indian Health of such individuals; and dian Tribes of Arizona. Board, from not less than 8 tribal health pro- ‘‘(3) a program of education for Indians ‘‘(b) LIMITATION.—The Service shall not grams serving California Indians covered who, by reason of their work or geographic curtail any health care services provided to under this section, at least 50 percent of proximity to such nuclear or other develop- Indians residing on Federal reservations in whom are not affiliated with the California ment activities, may experience health prob- the State of Arizona if such curtailment is Rural Indian Health Board. lems. due to the provision of contract services in ‘‘SEC. 218. CALIFORNIA AS A CONTRACT HEALTH ‘‘(c) SUBMISSION TO CONGRESS.— such State pursuant to the designation of SERVICE DELIVERY AREA. ‘‘(1) GENERAL REPORT.—Not later than 18 such State as a contract health service deliv- ‘‘The State of California, excluding the months after the date of enactment of this ery area pursuant to subsection (a). counties of Alameda, Contra Costa, Los An- Act, the Secretary and the Service shall sub- ‘‘SEC. 216A. NORTH DAKOTA AS A CONTRACT geles, Marin, Orange, Sacramento, San Fran- mit to Congress a report concerning the HEALTH SERVICE DELIVERY AREA. cisco, San Mateo, Santa Clara, Kern, Merced, study conducted under subsection (a). ‘‘(a) IN GENERAL.—For fiscal years begin- Monterey, Napa, San Benito, San Joaquin, ‘‘(2) HEALTH CARE PLAN REPORT.—Not later ning with the fiscal year ending September San Luis Obispo, Santa Cruz, Solano, than 1 year after the date on which the re- 30, 2003, and ending with the fiscal year end- Stanislaus, and Ventura shall be designated port under paragraph (1) is submitted to Con- ing September 30, 2015, the State of North as a contract health service delivery area by gress, the Secretary and the Service shall Dakota shall be designated as a contract the Service for the purpose of providing con- submit to Congress the health care plan pre- health service delivery area by the Service tract health services to Indians in such pared under subsection (b). Such plan shall for the purpose of providing contract health State, except that any of the counties de- include recommended activities for the im- care services to members of federally recog- scribed in this section may be included in plementation of the plan, as well as an eval- nized Indian Tribes of North Dakota. the contract health services delivery area if uation of any activities previously under- ‘‘(b) LIMITATION.—The Service shall not funding is specifically provided by the Serv- taken by the Service to address the health curtail any health care services provided to ice for such services in those counties. problems involved. Indians residing on Federal reservations in ‘‘SEC. 219. CONTRACT HEALTH SERVICES FOR ‘‘(d) TASK FORCE.— the State of North Dakota if such curtail- THE TRENTON SERVICE AREA. ‘‘(1) ESTABLISHED.—There is hereby estab- ment is due to the provision of contract serv- ‘‘(a) IN GENERAL.—The Secretary, acting lished an Intergovernmental Task Force (re- ices in such State pursuant to the designa- through the Service, shall provide contract ferred to in this section as the ‘task force’) tion of such State as a contract health serv- health services to members of the Turtle that shall be composed of the following indi- ice delivery area pursuant to subsection (a). Mountain Band of Chippewa Indians that re- viduals (or their designees): ‘‘SEC. 216B. SOUTH DAKOTA AS A CONTRACT side in the Trenton Service Area of Divide, ‘‘(A) The Secretary of Energy. HEALTH SERVICE DELIVERY AREA. McKenzie, and Williams counties in the ‘‘(B) The Administrator of the Environ- ‘‘(a) IN GENERAL.—For fiscal years begin- State of North Dakota and the adjoining mental Protection Agency. ning with the fiscal year ending September counties of Richland, Roosevelt, and Sheri- ‘‘(C) The Director of the Bureau of Mines. 30, 2003, and ending with the fiscal year end- dan in the State of Montana.

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‘‘(b) RULE OF CONSTRUCTION.—Nothing in November 2, 1921 (25 U.S.C. 13) (commonly ‘‘(B) health care facility lists, including— this section shall be construed as expanding known as the Snyder Act), the Secretary, ‘‘(i) the total health care facility planning, the eligibility of members of the Turtle acting through the Service, shall— design, construction and renovation needs Mountain Band of Chippewa Indians for ‘‘(1) consult with any Indian tribe that for Indians; health services provided by the Service be- would be significantly affected by such ex- ‘‘(ii) the 10 top-priority inpatient care fa- yond the scope of eligibility for such health penditure for the purpose of determining cilities; services that applied on May 1, 1986. and, whenever practicable, honoring tribal ‘‘(iii) the 10 top-priority outpatient care fa- ‘‘SEC. 220. PROGRAMS OPERATED BY INDIAN preferences concerning size, location, type, cilities; TRIBES AND TRIBAL ORGANIZA- and other characteristics of any facility on ‘‘(iv) the 10 top-priority specialized care fa- TIONS. which such expenditure is to be made; and cilities (such as long-term care and alcohol ‘‘The Service shall provide funds for health ‘‘(2) ensure, whenever practicable, that and drug abuse treatment); and care programs and facilities operated by In- such facility meets the construction stand- ‘‘(v) any staff quarters associated with dian tribes and tribal organizations under ards of any nationally recognized accrediting such prioritized facilities; funding agreements with the Service entered body by not later than 1 year after the date ‘‘(C) the justification for the order of pri- into under the Indian Self-Determination on which the construction or renovation of ority among facilities; and Education Assistance Act on the same such facility is completed. ‘‘(D) the projected cost of the projects in- ‘‘(b) CLOSURE OF FACILITIES.— basis as such funds are provided to programs volved; and ‘‘(1) IN GENERAL.—Notwithstanding any and facilities operated directly by the Serv- ‘‘(E) the methodology adopted by the Serv- ice. provision of law other than this subsection, no Service hospital or outpatient health care ice in establishing priorities under its health ‘‘SEC. 221. LICENSING. facility or any inpatient service or special care facility priority system. ‘‘Health care professionals employed by In- care facility operated by the Service, may be ‘‘(3) CONSULTATION.—In preparing each re- dian Tribes and tribal organizations to carry closed if the Secretary has not submitted to port required under paragraph (2) (other than out agreements under the Indian Self-Deter- the Congress at least 1 year prior to the date the initial report) the Secretary shall annu- mination and Education Assistance Act, such proposed closure an evaluation of the ally— shall, if licensed in any State, be exempt impact of such proposed closure which speci- ‘‘(A) consult with, and obtain information from the licensing requirements of the State fies, in addition to other considerations— on all health care facilities needs from, In- in which the agreement is performed. ‘‘(A) the accessibility of alternative health dian tribes and tribal organizations includ- ‘‘SEC. 222. AUTHORIZATION FOR EMERGENCY care resources for the population served by ing those tribes or tribal organizations oper- CONTRACT HEALTH SERVICES. such hospital or facility; ating health programs or facilities under any ‘‘With respect to an elderly Indian or an ‘‘(B) the cost effectiveness of such closure; funding agreement entered into with the Indian with a disability receiving emergency ‘‘(C) the quality of health care to be pro- Service under the Indian Self-Determination medical care or services from a non-Service vided to the population served by such hos- and Education Assistance Act; and provider or in a non-Service facility under pital or facility after such closure; ‘‘(B) review the total unmet needs of all the authority of this Act, the time limita- ‘‘(D) the availability of contract health tribes and tribal organizations for health tion (as a condition of payment) for noti- care funds to maintain existing levels of care facilities (including staff quarters), in- fying the Service of such treatment or ad- service; cluding needs for renovation and expansion mission shall be 30 days. ‘‘(E) the views of the Indian tribes served of existing facilities. ‘‘SEC. 223. PROMPT ACTION ON PAYMENT OF by such hospital or facility concerning such ‘‘(4) CRITERIA.—For purposes of this sub- CLAIMS. closure; section, the Secretary shall, in evaluating ‘‘(a) REQUIREMENT.—The Service shall re- ‘‘(F) the level of utilization of such hos- the needs of facilities operated under any spond to a notification of a claim by a pro- pital or facility by all eligible Indians; and funding agreement entered into with the vider of a contract care service with either ‘‘(G) the distance between such hospital or Service under the Indian Self-Determination an individual purchase order or a denial of facility and the nearest operating Service and Education Assistance Act, use the same the claim within 5 working days after the re- hospital. criteria that the Secretary uses in evalu- ceipt of such notification. ‘‘(2) TEMPORARY CLOSURE.—Paragraph (1) ating the needs of facilities operated directly ‘‘(b) FAILURE TO RESPOND.—If the Service shall not apply to any temporary closure of by the Service. fails to respond to a notification of a claim a facility or of any portion of a facility if ‘‘(5) EQUITABLE INTEGRATION.—The Sec- in accordance with subsection (a), the Serv- such closure is necessary for medical, envi- retary shall ensure that the planning, de- ice shall accept as valid the claim submitted ronmental, or safety reasons. sign, construction, and renovation needs of by the provider of a contract care service. ‘‘(c) PRIORITY SYSTEM.— Service and non-Service facilities, operated ‘‘(1) ESTABLISHMENT.—The Secretary shall ‘‘(c) PAYMENT.—The Service shall pay a under funding agreements in accordance establish a health care facility priority sys- valid contract care service claim within 30 with the Indian Self-Determination and Edu- tem, that shall— days after the completion of the claim. cation Assistance Act are fully and equitably ‘‘(A) be developed with Indian tribes and ‘‘SEC. 224. LIABILITY FOR PAYMENT. integrated into the health care facility pri- tribal organizations through negotiated rule- ‘‘(a) NO LIABILITY.—A patient who receives making under section 802; ority system. contract health care services that are au- ‘‘(B) give the needs of Indian tribes the ‘‘(d) REVIEW OF NEED FOR FACILITIES.— thorized by the Service shall not be liable for highest priority, with additional priority ‘‘(1) REPORT.—Beginning in 2004, the Sec- the payment of any charges or costs associ- being given to those service areas where the retary shall annually submit to the Presi- ated with the provision of such services. health status of Indians within the area, as dent, for inclusion in the report required to ‘‘(b) NOTIFICATION.—The Secretary shall measured by life expectancy based upon the be transmitted to Congress under section 801 notify a contract care provider and any pa- most recent data available, is significantly of this Act, a report which sets forth the tient who receives contract health care serv- lower than the average health status for In- needs of the Service and all Indian tribes and ices authorized by the Service that such pa- dians in all service areas; and tribal organizations, including urban Indian tient is not liable for the payment of any ‘‘(C) at a minimum, include the lists re- organizations, for inpatient, outpatient and charges or costs associated with the provi- quired in paragraph (2)(B) and the method- specialized care facilities, including the sion of such services. ology required in paragraph (2)(E); needs for renovation and expansion of exist- ‘‘(c) LIMITATION.—Following receipt of the notice provided under subsection (b), or, if a except that the priority of any project estab- ing facilities. claim has been deemed accepted under sec- lished under the construction priority sys- ‘‘(2) CONSULTATION.—In preparing each re- tion 223(b), the provider shall have no further tem in effect on the date of this Act shall port required under paragraph (1) (other than recourse against the patient who received not be affected by any change in the con- the initial report), the Secretary shall con- the services involved. struction priority system taking place there- sult with Indian tribes and tribal organiza- after if the project was identified as one of tions including those tribes or tribal organi- ‘‘SEC. 225. AUTHORIZATION OF APPROPRIATIONS. the top 10 priority inpatient projects or one zations operating health programs or facili- ‘‘There are authorized to be appropriated of the top 10 outpatient projects in the In- ties under any funding agreement entered such sums as may be necessary for each fis- dian Health Service budget justification for into with the Service under the Indian Self- cal year through fiscal year 2015 to carry out fiscal year 2003, or if the project had com- Determination and Education Assistance this title. pleted both Phase I and Phase II of the con- Act, and with urban Indian organizations. ‘‘TITLE III—FACILITIES struction priority system in effect on the ‘‘(3) CRITERIA.—For purposes of this sub- ‘‘SEC. 301. CONSULTATION, CONSTRUCTION AND date of this Act. section, the Secretary shall, in evaluating RENOVATION OF FACILITIES; RE- ‘‘(2) REPORT.—The Secretary shall submit the needs of facilities operated under any PORTS. to the President, for inclusion in each report funding agreement entered into with the ‘‘(a) CONSULTATION.—Prior to the expendi- required to be transmitted to the Congress Service under the Indian Self-Determination ture of, or the making of any firm commit- under section 801, a report that includes— and Education Assistance Act, use the same ment to expend, any funds appropriated for ‘‘(A) a description of the health care facil- criteria that the Secretary uses in evalu- the planning, design, construction, or ren- ity priority system of the Service, as estab- ating the needs of facilities operated directly ovation of facilities pursuant to the Act of lished under paragraph (1); by the Service.

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‘‘(4) EQUITABLE INTEGRATION.—The Sec- ‘‘(C) priority funding for the operation, and ‘‘(d) CAPABILITY OF TRIBE OR COMMUNITY.— retary shall ensure that the planning, de- maintenance assistance for, and emergency The financial and technical capability of an sign, construction, and renovation needs of repairs to, tribal sanitation facilities when Indian tribe or community to safely operate facilities operated under funding agree- necessary to avoid an imminent health and maintain a sanitation facility shall not ments, in accordance with the Indian Self- threat or to protect the investment in sani- be a prerequisite to the provision or con- Determination and Education Assistance tation facilities and the investment in the struction of sanitation facilities by the Sec- Act, are fully and equitably integrated into health benefits gained through the provision retary. the development of the health facility pri- of sanitation facilities. ‘‘(e) FINANCIAL ASSISTANCE.—The Sec- ority system. ‘‘(3) PROVISIONS RELATING TO FUNDING.— retary may provide financial assistance to ‘‘(5) ANNUAL NOMINATIONS.—Each year the Notwithstanding any other provision of Indian tribes, tribal organizations and com- Secretary shall provide an opportunity for law— munities for the operation, management, the nomination of planning, design, and con- ‘‘(A) the Secretary of Housing and Urban and maintenance of their sanitation facili- struction projects by the Service and all In- Development is authorized to transfer funds ties. dian tribes and tribal organizations for con- appropriated under the Native American ‘‘(f) RESPONSIBILITY FOR FEES FOR OPER- sideration under the health care facility pri- Housing Assistance and Self-Determination ATION AND MAINTENANCE.—The Indian family, ority system. Act of 1996 to the Secretary of Health and community or tribe involved shall have the ‘‘(e) INCLUSION OF CERTAIN PROGRAMS.—All Human Services; primary responsibility to establish, collect, funds appropriated under the Act of Novem- ‘‘(B) the Secretary of Health and Human and use reasonable user fees, or otherwise set ber 2, 1921 (25 U.S.C. 13), for the planning, de- Services is authorized to accept and use such aside funding, for the purpose of operating sign, construction, or renovation of health funds for the purpose of providing sanitation and maintaining sanitation facilities. If a facilities for the benefit of an Indian tribe or facilities and services for Indians under sec- community facility is threatened with immi- tribes shall be subject to the provisions of tion 7 of the Act of August 5, 1954 (42 U.S.C. nent failure and there is a lack of tribal ca- section 102 of the Indian Self-Determination 2004a); and Education Assistance Act. pacity to maintain the integrity or the ‘‘(C) unless specifically authorized when ‘‘(f) INNOVATIVE APPROACHES.—The Sec- health benefit of the facility, the Secretary retary shall consult and cooperate with In- funds are appropriated, the Secretary of may assist the Tribe in the resolution of the dian tribes, tribal organizations and urban Health and Human Services shall not use problem on a short term basis through co- Indian organizations in developing innova- funds appropriated under section 7 of the Act operation with the emergency coordinator or tive approaches to address all or part of the of August 5, 1954 (42 U.S.C. 2004a) to provide by providing operation and maintenance total unmet need for construction of health sanitation facilities to new homes con- service. facilities, including those provided for in structed using funds provided by the Depart- ‘‘(g) ELIGIBILITY OF CERTAIN TRIBES OR OR- other sections of this title and other ap- ment of Housing and Urban Development; GANIZATIONS.—Programs administered by In- proaches. ‘‘(D) the Secretary of Health and Human dian tribes or tribal organizations under the ‘‘SEC. 302. SAFE WATER AND SANITARY WASTE Services is authorized to accept all Federal authority of the Indian Self-Determination DISPOSAL FACILITIES. funds that are available for the purpose of and Education Assistance Act shall be eligi- ‘‘(a) FINDINGS.—Congress finds and declares providing sanitation facilities and related ble for— that— services and place those funds into funding ‘‘(1) any funds appropriated pursuant to ‘‘(1) the provision of safe water supply fa- agreements, authorized under the Indian this section; and cilities and sanitary sewage and solid waste Self-Determination and Education Assist- ‘‘(2) any funds appropriated for the purpose disposal facilities is primarily a health con- ance Act, between the Secretary and Indian of providing water supply, sewage disposal, sideration and function; tribes and tribal organizations; or solid waste facilities; ‘‘(2) Indian people suffer an inordinately ‘‘(E) the Secretary may permit funds ap- on an equal basis with programs that are ad- high incidence of disease, injury, and illness propriated under the authority of section 4 ministered directly by the Service. directly attributable to the absence or inad- of the Act of August 5, 1954 (42 U.S.C. 2004) to ‘‘(h) REPORT.— equacy of such facilities; be used to fund up to 100 percent of the ‘‘(1) IN GENERAL.—The Secretary shall sub- ‘‘(3) the long-term cost to the United amount of a tribe’s loan obtained under any mit to the President, for inclusion in each States of treating and curing such disease, Federal program for new projects to con- report required to be transmitted to the Con- injury, and illness is substantially greater struct eligible sanitation facilities to serve gress under section 801, a report which sets than the short-term cost of providing such Indian homes; forth— facilities and other preventive health meas- ‘‘(F) the Secretary may permit funds ap- ‘‘(A) the current Indian sanitation facility ures; propriated under the authority of section 4 priority system of the Service; ‘‘(4) many Indian homes and communities of the Act of August 5, 1954 (42 U.S.C. 2004) to ‘‘(B) the methodology for determining still lack safe water supply facilities and be used to meet matching or cost participa- sanitation deficiencies; sanitary sewage and solid waste disposal fa- tion requirements under other Federal and ‘‘(C) the level of initial and final sanitation cilities; and non-Federal programs for new projects to deficiency for each type sanitation facility ‘‘(5) it is in the interest of the United construct eligible sanitation facilities; for each project of each Indian tribe or com- States, and it is the policy of the United ‘‘(G) all Federal agencies are authorized to munity; and States, that all Indian communities and In- transfer to the Secretary funds identified, ‘‘(D) the amount of funds necessary to re- dian homes, new and existing, be provided granted, loaned or appropriated and there- duce the identified sanitation deficiency lev- with safe and adequate water supply facili- after the Department’s applicable policies, els of all Indian tribes and communities to a ties and sanitary sewage waste disposal fa- rules, regulations shall apply in the imple- level I sanitation deficiency as described in cilities as soon as possible. mentation of such projects; paragraph (4)(A). ‘‘(b) PROVISION OF FACILITIES AND SERV- ‘‘(H) the Secretary of Health and Human ‘‘(2) CONSULTATION.—In preparing each re- ICES.— Services shall enter into inter-agency agree- port required under paragraph (1), the Sec- ‘‘(1) IN GENERAL.—In furtherance of the ments with the Bureau of Indian Affairs, the retary shall consult with Indian tribes and findings and declarations made in subsection Department of Housing and Urban Develop- tribal organizations (including those tribes (a), Congress reaffirms the primary responsi- ment, the Department of Agriculture, the or tribal organizations operating health care bility and authority of the Service to provide Environmental Protection Agency and other programs or facilities under any funding the necessary sanitation facilities and serv- appropriate Federal agencies, for the purpose agreements entered into with the Service ices as provided in section 7 of the Act of Au- of providing financial assistance for safe under the Indian Self-Determination and gust 5, 1954 (42 U.S.C. 2004a). water supply and sanitary sewage disposal Education Assistance Act) to determine the ‘‘(2) ASSISTANCE.—The Secretary, acting facilities under this Act; and sanitation needs of each tribe and in devel- through the Service, is authorized to provide ‘‘(I) the Secretary of Health and Human oping the criteria on which the needs will be under section 7 of the Act of August 5, 1954 Services shall, by regulation developed evaluated through a process of negotiated (42 U.S.C. 2004a)— through rulemaking under section 802, estab- rulemaking. ‘‘(A) financial and technical assistance to lish standards applicable to the planning, de- ‘‘(3) METHODOLOGY.—The methodology used Indian tribes, tribal organizations and Indian sign and construction of water supply and by the Secretary in determining, preparing communities in the establishment, training, sanitary sewage and solid waste disposal fa- cost estimates for and reporting sanitation and equipping of utility organizations to op- cilities funded under this Act. deficiencies for purposes of paragraph (1) erate and maintain Indian sanitation facili- ‘‘(c) 10-YEAR FUNDING PLAN.—The Sec- shall be applied uniformly to all Indian ties, including the provision of existing retary, acting through the Service and in tribes and communities. plans, standard details, and specifications consultation with Indian tribes and tribal or- ‘‘(4) SANITATION DEFICIENCY LEVELS.—For available in the Department, to be used at ganizations, shall develop and implement a purposes of this subsection, the sanitation the option of the tribe or tribal organization; 10-year funding plan to provide safe water deficiency levels for an individual or commu- ‘‘(B) ongoing technical assistance and supply and sanitary sewage and solid waste nity sanitation facility serving Indian homes training in the management of utility orga- disposal facilities serving existing Indian are as follows: nizations which operate and maintain sani- homes and communities, and to new and ren- ‘‘(A) A level I deficiency is a sanitation fa- tation facilities; and ovated Indian homes. cility serving and individual or community—

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.097 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3295 ‘‘(i) which complies with all applicable ‘‘(6) other necessary components of con- dian tribe under this section ceases to be water supply, pollution control and solid tract performance. used as a Service facility during the 20-year waste disposal laws; and ‘‘(b) EXEMPTION FROM DAVIS-BACON.—For period beginning on the date such expansion, ‘‘(ii) in which the deficiencies relate to the purpose of implementing the provisions renovation or modernization is completed, routine replacement, repair, or maintenance of this title, construction or renovation of such Indian tribe shall be entitled to recover needs. facilities constructed or renovated in whole from the United States an amount which ‘‘(B) A level II deficiency is a sanitation fa- or in part by funds made available pursuant bears the same ratio to the value of such fa- cility serving and individual or community— to this title are exempt from the Act of cility at the time of such cessation as the ‘‘(i) which substantially or recently com- March 3, 1931 (40 U.S.C. 276a—276a–5, known value of such expansion, renovation or mod- plied with all applicable water supply, pollu- as the Davis-Bacon Act). For all health fa- ernization (less the total amount of any tion control and solid waste laws, in which cilities, staff quarters and sanitation facili- funds provided specifically for such facility the deficiencies relate to small or minor cap- ties, construction and renovation sub- under any Federal program that were ex- ital improvements needed to bring the facil- contractors shall be paid wages at rates that pended for such expansion, renovation or ity back into compliance; are not less than the prevailing wage rates modernization) bore to the value of such fa- ‘‘(ii) in which the deficiencies relate to for similar construction in the locality in- cility at the time of the completion of such capital improvements that are necessary to volved, as determined by the Indian tribe, expansion, renovation or modernization. enlarge or improve the facilities in order to Tribes, or tribal organizations served by ‘‘SEC. 306. FUNDING FOR THE CONSTRUCTION, meet the current needs for domestic sanita- such facilities. EXPANSION, AND MODERNIZATION OF SMALL AMBULATORY CARE FA- tion facilities; or ‘‘SEC. 304. SOBOBA SANITATION FACILITIES. CILITIES. ‘‘(iii) in which the deficiencies relate to ‘‘Nothing in the Act of December 17, 1970 ‘‘(a) AVAILABILITY OF FUNDING.— the lack of equipment or training by an In- (84 Stat. 1465) shall be construed to preclude ‘‘(1) IN GENERAL.—The Secretary, acting dian Tribe or community to properly operate the Soboba Band of Mission Indians and the through the Service and in consultation with and maintain the sanitation facilities. Soboba Indian Reservation from being pro- Indian tribes and tribal organization, shall ‘‘(C) A level III deficiency is an individual vided with sanitation facilities and services make funding available to tribes and tribal or community facility with water or sewer under the authority of section 7 of the Act of organizations for the construction, expan- service in the home, piped services or a haul August 5, 1954 (68 Stat 674), as amended by sion, or modernization of facilities for the system with holding tanks and interior the Act of July 31, 1959 (73 Stat. 267). provision of ambulatory care services to eli- plumbing, or where major significant inter- ‘‘SEC. 305. EXPENDITURE OF NONSERVICE FUNDS gible Indians (and noneligible persons as pro- ruptions to water supply or sewage disposal FOR RENOVATION. vided for in subsections (b)(2) and (c)(1)(C)). occur frequently, requiring major capital im- ‘‘(a) PERMISSIBILITY.— Funding under this section may cover up to provements to correct the deficiencies. ‘‘(1) IN GENERAL.—Notwithstanding any 100 percent of the costs of such construction, There is no access to or no approved or per- other provision of law, the Secretary is au- expansion, or modernization. For the pur- mitted solid waste facility available. thorized to accept any major expansion, ren- poses of this section, the term ‘construction’ ‘‘(D) A level IV deficiency is an individual ovation or modernization by any Indian tribe includes the replacement of an existing facil- or community facility where there are no of any Service facility, or of any other In- ity. piped water or sewer facilities in the home or dian health facility operated pursuant to a ‘‘(2) REQUIREMENT.—Funding under para- the facility has become inoperable due to funding agreement entered into under the In- graph (1) may only be made available to an major component failure or where only a dian Self-Determination and Education As- Indian tribe or tribal organization operating washeteria or central facility exists. sistance Act, including— an Indian health facility (other than a facil- ‘‘(E) A level V deficiency is the absence of ‘‘(A) any plans or designs for such expan- ity owned or constructed by the Service, in- a sanitation facility, where individual homes sion, renovation or modernization; and cluding a facility originally owned or con- do not have access to safe drinking water or ‘‘(B) any expansion, renovation or mod- structed by the Service and transferred to an adequate wastewater disposal. ernization for which funds appropriated Indian tribe or tribal organization) pursuant ‘‘(i) DEFINITIONS.—In this section: under any Federal law were lawfully ex- to a funding agreement entered into under ‘‘(1) FACILITY.—The terms ‘facility’ or ‘fa- pended; the Indian Self-Determination and Edu- cilities’ shall have the same meaning as the but only if the requirements of subsection (b) cation Assistance Act. terms ‘system’ or ‘systems’ unless the con- are met. ‘‘(b) USE OF FUNDS.— text requires otherwise. ‘‘(2) PRIORITY LIST.—The Secretary shall ‘‘(1) IN GENERAL.—Funds provided under ‘‘(2) INDIAN COMMUNITY.—The term ‘Indian maintain a separate priority list to address this section may be used only for the con- community’ means a geographic area, a sig- the need for increased operating expenses, struction, expansion, or modernization (in- nificant proportion of whose inhabitants are personnel or equipment for such facilities de- cluding the planning and design of such con- Indians and which is served by or capable of scribed in paragraph (1). The methodology struction, expansion, or modernization) of an being served by a facility described in this for establishing priorities shall be developed ambulatory care facility— section. by negotiated rulemaking under section 802. ‘‘(A) located apart from a hospital; ‘‘SEC. 303. PREFERENCE TO INDIANS AND INDIAN The list of priority facilities will be revised ‘‘(B) not funded under section 301 or sec- FIRMS. annually in consultation with Indian tribes tion 307; and ‘‘(a) IN GENERAL.—The Secretary, acting and tribal organizations. ‘‘(C) which, upon completion of such con- through the Service, may utilize the negoti- ‘‘(3) REPORT.—The Secretary shall submit struction, expansion, or modernization will— ating authority of the Act of June 25, 1910 (25 to the President, for inclusion in each report ‘‘(i) have a total capacity appropriate to U.S.C. 47), to give preference to any Indian required to be transmitted to the Congress its projected service population; or any enterprise, partnership, corporation, ‘‘(ii) provide annually not less than 500 pa- or other type of business organization owned under section 801, the priority list main- and controlled by an Indian or Indians in- tained pursuant to paragraph (2). tient visits by eligible Indians and other cluding former or currently federally recog- ‘‘(b) REQUIREMENTS.—The requirements of users who are eligible for services in such fa- nized Indian tribes in the State of New York this subsection are met with respect to any cility in accordance with section 807(b)(1)(B); (hereinafter referred to as an ‘Indian firm’) expansion, renovation or modernization if— and in the construction and renovation of Serv- ‘‘(1) the tribe or tribal organization— ‘‘(iii) provide ambulatory care in a service ice facilities pursuant to section 301 and in ‘‘(A) provides notice to the Secretary of its area (specified in the funding agreement en- the construction of safe water and sanitary intent to expand, renovate or modernize; and tered into under the Indian Self-Determina- waste disposal facilities pursuant to section ‘‘(B) applies to the Secretary to be placed tion and Education Assistance Act) with a 302. Such preference may be accorded by the on a separate priority list to address the population of not less than 1,500 eligible Indi- Secretary unless the Secretary finds, pursu- needs of such new facilities for increased op- ans and other users who are eligible for serv- ant to rules and regulations promulgated by erating expenses, personnel or equipment; ices in such facility in accordance with sec- the Secretary, that the project or function and tion 807(b)(1)(B). to be contracted for will not be satisfactory ‘‘(2) the expansion renovation or mod- ‘‘(2) LIMITATION.—Funding provided under or such project or function cannot be prop- ernization— this section may be used only for the cost of erly completed or maintained under the pro- ‘‘(A) is approved by the appropriate area that portion of a construction, expansion or posed contract. The Secretary, in arriving at director of the Service for Federal facilities; modernization project that benefits the serv- such finding, shall consider whether the In- and ice population described in clauses (ii) and dian or Indian firm will be deficient with re- ‘‘(B) is administered by the Indian tribe or (iii) of paragraph (1)(C). The requirements of spect to— tribal organization in accordance with any such clauses (ii) and (iii) shall not apply to a ‘‘(1) ownership and control by Indians; applicable regulations prescribed by the Sec- tribe or tribal organization applying for ‘‘(2) equipment; retary with respect to construction or ren- funding under this section whose principal ‘‘(3) bookkeeping and accounting proce- ovation of Service facilities. office for health care administration is lo- dures; ‘‘(c) RIGHT OF TRIBE IN CASE OF FAILURE OF cated on an island or where such office is not ‘‘(4) substantive knowledge of the project FACILITY TO BE USED AS A SERVICE FACIL- located on a road system providing direct ac- or function to be contracted for; ITY.—If any Service facility which has been cess to an inpatient hospital where care is ‘‘(5) adequately trained personnel; or expanded, renovated or modernized by an In- available to the service population.

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‘‘(c) APPLICATION AND PRIORITY.— making under section 802 for the review and the Bureau of Indian Affairs and all other ‘‘(1) APPLICATION.—No funding may be approval of applications submitted under agencies and departments of the United made available under this section unless an this section. The Secretary may enter into a States are authorized to transfer, at no cost, application for such funding has been sub- contract, funding agreement or award a land and improvements to the Service for mitted to and approved by the Secretary. An grant under this section for projects which the provision of health care services. The application or proposal for funding under meet the following criteria: Secretary is authorized to accept such land this section shall be submitted in accordance ‘‘(A) There is a need for a new facility or and improvements for such purposes. with applicable regulations and shall set program or the reorientation of an existing ‘‘(b) CHEMAWA INDIAN SCHOOL.—The Bureau forth reasonable assurance by the applicant facility or program. of Indian Affairs is authorized to transfer, at that, at all times after the construction, ex- ‘‘(B) A significant number of Indians, in- no cost, up to 5 acres of land at the Chemawa pansion, or modernization of a facility car- cluding those with low health status, will be Indian School, Salem, Oregon, to the Service ried out pursuant to funding received under served by the project. for the provision of health care services. The this section— ‘‘(C) The project has the potential to ad- land authorized to be transferred by this sec- ‘‘(A) adequate financial support will be dress the health needs of Indians in an inno- tion is that land adjacent to land under the available for the provision of services at such vative manner. jurisdiction of the Service and occupied by the Chemawa Indian Health Center. facility; ‘‘(D) The project has the potential to de- ‘‘(B) such facility will be available to eligi- liver services in an efficient and effective ‘‘SEC. 309. LEASES. ble Indians without regard to ability to pay manner. ‘‘(a) IN GENERAL.—Notwithstanding any or source of payment; and ‘‘(E) The project is economically viable. other provision of law, the Secretary is au- thorized, in carrying out the purposes of this ‘‘(C) such facility will, as feasible without ‘‘(F) The Indian tribe or tribal organiza- Act, to enter into leases with Indian tribes diminishing the quality or quantity of serv- tion has the administrative and financial ca- and tribal organizations for periods not in ices provided to eligible Indians, serve non- pability to administer the project. excess of 20 years. Property leased by the eligible persons on a cost basis. ‘‘(G) The project is integrated with pro- Secretary from an Indian tribe or tribal or- ‘‘(2) PRIORITY.—In awarding funds under viders of related health and social services ganization may be reconstructed or ren- this section, the Secretary shall give pri- and is coordinated with, and avoids duplica- ovated by the Secretary pursuant to an ority to tribes and tribal organizations that tion of, existing services. agreement with such Indian tribe or tribal demonstrate— ‘‘(2) PEER REVIEW PANELS.—The Secretary organization. ‘‘(A) a need for increased ambulatory care may provide for the establishment of peer re- ‘‘(b) FACILITIES FOR THE ADMINISTRATION services; and view panels, as necessary, to review and AND DELIVERY OF HEALTH SERVICES.—The ‘‘(B) insufficient capacity to deliver such evaluate applications and to advise the Sec- Secretary may enter into leases, contracts, services. retary regarding such applications using the and other legal agreements with Indian ‘‘(d) FAILURE TO USE FACILITY AS HEALTH criteria developed pursuant to paragraph (1). tribes or tribal organizations which hold— FACILITY.—If any facility (or portion thereof) ‘‘(3) PRIORITY.—The Secretary shall give ‘‘(1) title to; with respect to which funds have been paid priority to applications for demonstration ‘‘(2) a leasehold interest in; or under this section, ceases, within 5 years projects under this section in each of the fol- ‘‘(3) a beneficial interest in (where title is after completion of the construction, expan- lowing service units to the extent that such held by the United States in trust for the sion, or modernization carried out with such applications are filed in a timely manner and benefit of a tribe); funds, to be utilized for the purposes of pro- otherwise meet the criteria specified in para- facilities used for the administration and de- viding health care services to eligible Indi- graph (1): livery of health services by the Service or by ans, all of the right, title, and interest in and ‘‘(A) Cass Lake, Minnesota. programs operated by Indian tribes or tribal to such facility (or portion thereof) shall ‘‘(B) Clinton, Oklahoma. organizations to compensate such Indian transfer to the United States unless other- ‘‘(C) Harlem, Montana. tribes or tribal organizations for costs asso- wise negotiated by the Service and the In- ‘‘(D) Mescalero, New Mexico. ciated with the use of such facilities for such dian tribe or tribal organization. ‘‘(E) Owyhee, Nevada. purposes, and such leases shall be considered ‘‘(e) NO INCLUSION IN TRIBAL SHARE.—Fund- ‘‘(F) Parker, Arizona. as operating leases for the purposes of scor- ing provided to Indian tribes and tribal orga- ‘‘(G) Schurz, Nevada. ing under the Budget Enforcement Act, not- nizations under this section shall be non-re- ‘‘(H) Winnebago, Nebraska. withstanding any other provision of law. curring and shall not be available for inclu- ‘‘(I) Ft. Yuma, California. Such costs include rent, depreciation based sion in any individual tribe’s tribal share for ‘‘(d) TECHNICAL ASSISTANCE.—The Sec- on the useful life of the building, principal an award under the Indian Self-Determina- retary shall provide such technical and other and interest paid or accrued, operation and tion and Education Assistance Act or for re- assistance as may be necessary to enable ap- maintenance expenses, and other expenses allocation or redesign thereunder. plicants to comply with the provisions of determined by regulation to be allowable ‘‘SEC. 307. INDIAN HEALTH CARE DELIVERY DEM- this section. pursuant to regulations under section 105(l) ONSTRATION PROJECT. ‘‘(e) SERVICE TO INELIGIBLE PERSONS.—The of the Indian Self-Determination and Edu- ‘‘(a) HEALTH CARE DELIVERY DEMONSTRA- authority to provide services to persons oth- cation Assistance Act. TION PROJECTS.—The Secretary, acting erwise ineligible for the health care benefits ‘‘SEC. 310. LOANS, LOAN GUARANTEES AND LOAN through the Service and in consultation with of the Service and the authority to extend REPAYMENT. Indian tribes and tribal organizations, may ‘‘(a) HEALTH CARE FACILITIES LOAN FUND.— hospital privileges in Service facilities to enter into funding agreements with, or make There is established in the Treasury of the non-Service health care practitioners as pro- grants or loan guarantees to, Indian tribes or United States a fund to be known as the vided in section 807 may be included, subject tribal organizations for the purpose of car- ‘Health Care Facilities Loan Fund’ (referred to the terms of such section, in any dem- rying out a health care delivery demonstra- to in this Act as the ‘HCFLF’) to provide to onstration project approved pursuant to this tion project to test alternative means of de- Indian Tribes and tribal organizations direct section. livering health care and services through loans, or guarantees for loans, for the con- ‘‘(f) EQUITABLE TREATMENT.—For purposes health facilities, including hospice, tradi- struction of health care facilities (including of subsection (c)(1)(A), the Secretary shall, tional Indian health and child care facilities, inpatient facilities, outpatient facilities, as- in evaluating facilities operated under any to Indians. sociated staff quarters and specialized care funding agreement entered into with the ‘‘(b) USE OF FUNDS.—The Secretary, in ap- facilities such as behavioral health and elder proving projects pursuant to this section, Service under the Indian Self-Determination care facilities). may authorize funding for the construction and Education Assistance Act, use the same ‘‘(b) STANDARDS AND PROCEDURES.—The and renovation of hospitals, health centers, criteria that the Secretary uses in evalu- Secretary may promulgate regulations, de- health stations, and other facilities to de- ating facilities operated directly by the veloped through rulemaking as provided for liver health care services and is authorized Service. in section 802, to establish standards and to— ‘‘(g) EQUITABLE INTEGRATION OF FACILI- procedures for governing loans and loan ‘‘(1) waive any leasing prohibition; TIES.—The Secretary shall ensure that the guarantees under this section, subject to the ‘‘(2) permit carryover of funds appropriated planning, design, construction, renovation following conditions: for the provision of health care services; and expansion needs of Service and non-Serv- ‘‘(1) The principal amount of a loan or loan ‘‘(3) permit the use of other available ice facilities which are the subject of a fund- guarantee may cover up to 100 percent of eli- funds; ing agreement for health services entered gible costs, including costs for the planning, ‘‘(4) permit the use of funds or property do- into with the Service under the Indian Self- design, financing, site land development, nated from any source for project purposes; Determination and Education Assistance construction, rehabilitation, renovation, ‘‘(5) provide for the reversion of donated Act, are fully and equitably integrated into conversion, improvements, medical equip- real or personal property to the donor; and the implementation of the health care deliv- ment and furnishings, other facility related ‘‘(6) permit the use of Service funds to ery demonstration projects under this sec- costs and capital purchase (but excluding match other funds, including Federal funds. tion. staffing). ‘‘(c) CRITERIA.— ‘‘SEC. 308. LAND TRANSFER. ‘‘(2) The cumulative total of the principal ‘‘(1) IN GENERAL.—The Secretary shall de- ‘‘(a) GENERAL AUTHORITY FOR TRANSFERS.— of direct loans and loan guarantees, respec- velop and publish regulations through rule- Notwithstanding any other provision of law, tively, outstanding at any one time shall not

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.098 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3297 exceed such limitations as may be specified shall include loans that have been obtained staff quarters needed to provide housing for in appropriation Acts. under this section or otherwise. the staff of the tribal health program. ‘‘(3) In the discretion of the Secretary, the ‘‘SEC. 311. TRIBAL LEASING. ‘‘SEC. 313. LOCATION OF FACILITIES. program under this section may be adminis- ‘‘Indian Tribes and tribal organizations ‘‘(a) PRIORITY.—The Bureau of Indian Af- tered by the Service or the Health Resources providing health care services pursuant to a fairs and the Service shall, in all matters in- and Services Administration (which shall be funding agreement contract entered into volving the reorganization or development of specified by regulation). under the Indian Self-Determination and Service facilities, or in the establishment of ‘‘(4) The Secretary may make or guarantee Education Assistance Act may lease perma- related employment projects to address un- a loan with a term of the useful estimated nent structures for the purpose of providing employment conditions in economically de- life of the facility, or 25 years, whichever is such health care services without obtaining pressed areas, give priority to locating such less. advance approval in appropriation Acts. facilities and projects on Indian lands if re- ‘‘(5) The Secretary may allocate up to 100 ‘‘SEC. 312. INDIAN HEALTH SERVICE/TRIBAL FA- quested by the Indian owner and the Indian percent of the funds available for loans or CILITIES JOINT VENTURE PROGRAM. tribe with jurisdiction over such lands or loan guarantees in any year for the purpose ‘‘(a) AUTHORITY.— other lands owned or leased by the Indian of planning and applying for a loan or loan ‘‘(1) IN GENERAL.—The Secretary, acting tribe or tribal organization so long as pri- guarantee. through the Service, shall make arrange- ority is given to Indian land owned by an In- ‘‘(6) The Secretary may accept an assign- ments with Indian tribes and tribal organiza- dian tribe or tribes. tions to establish joint venture demonstra- ment of the revenue of an Indian tribe or ‘‘(b) DEFINITION.—In this section, the term tribal organization as security for any direct tion projects under which an Indian tribe or ‘Indian lands’ means— loan or loan guarantee under this section. tribal organization shall expend tribal, pri- ‘‘(1) all lands within the exterior bound- ‘‘(7) In the planning and design of health vate, or other available funds, for the acqui- aries of any Indian reservation; facilities under this section, users eligible sition or construction of a health facility for ‘‘(2) any lands title to which is held in under section 807(b) may be included in any a minimum of 10 years, under a no-cost trust by the United States for the benefit of projection of patient population. lease, in exchange for agreement by the any Indian tribe or individual Indian, or held ‘‘(8) The Secretary shall not collect loan Service to provide the equipment, supplies, by any Indian tribe or individual Indian sub- application, processing or other similar fees and staffing for the operation and mainte- ject to restriction by the United States from Indian tribes or tribal organizations ap- nance of such a health facility. against alienation and over which an Indian plying for direct loans or loan guarantees ‘‘(2) USE OF RESOURCES.—A tribe or tribal tribe exercises governmental power; and under this section. organization may utilize tribal funds, pri- ‘‘(3) all lands in Alaska owned by any Alas- ‘‘(9) Service funds authorized under loans vate sector, or other available resources, in- ka Native village, or any village or regional or loan guarantees under this section may be cluding loan guarantees, to fulfill its com- corporation under the Alaska Native Claims used in matching other Federal funds. mitment under this subsection. Settlement Act, or any land allotted to any ‘‘(c) FUNDING.— ‘‘(3) ELIGIBILITY OF CERTAIN ENTITIES.—A Alaska Native. N GENERAL tribe that has begun and substantially com- ‘‘(1) I .—The HCFLF shall consist ‘‘SEC. 314. MAINTENANCE AND IMPROVEMENT OF of— pleted the process of acquisition or construc- HEALTH CARE FACILITIES. tion of a health facility shall be eligible to ‘‘(A) such sums as may be initially appro- ‘‘(a) REPORT.—The Secretary shall submit establish a joint venture project with the priated to the HCFLF and as may be subse- to the President, for inclusion in the report Service using such health facility. quently appropriated under paragraph (2); required to be transmitted to Congress under ‘‘(b) REQUIREMENTS.— ‘‘(B) such amounts as may be collected section 801, a report that identifies the back- ‘‘(1) IN GENERAL.—The Secretary shall from borrowers; and log of maintenance and repair work required enter into an arrangement under subsection ‘‘(C) all interest earned on amounts in the at both Service and tribal facilities, includ- (a)(1) with an Indian tribe or tribal organiza- HCFLF. ing new facilities expected to be in operation tion only if— ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— in the fiscal year after the year for which the ‘‘(A) the Secretary first determines that There is authorized to be appropriated such report is being prepared. The report shall the Indian tribe or tribal organization has sums as may be necessary to initiate the identify the need for renovation and expan- the administrative and financial capabilities HCFLF. For each fiscal year after the initial sion of existing facilities to support the necessary to complete the timely acquisition year in which funds are appropriated to the growth of health care programs. or construction of the health facility de- HCFLF, there is authorized to be appro- ‘‘(b) MAINTENANCE OF NEWLY CONSTRUCTED scribed in subsection (a)(1); and priated an amount equal to the sum of the SPACE.— ‘‘(B) the Indian tribe or tribal organization amount collected by the HCFLF during the ‘‘(1) IN GENERAL.—The Secretary may ex- meets the needs criteria that shall be devel- preceding fiscal year, and all accrued inter- pend maintenance and improvement funds to oped through the negotiated rulemaking est on such amounts. support the maintenance of newly con- process provided for under section 802. ‘‘(3) AVAILABILITY OF FUNDS.—Amounts ap- structed space only if such space falls within ‘‘(2) CONTINUED OPERATION OF FACILITY.— propriated, collected or earned relative to the approved supportable space allocation The Secretary shall negotiate an agreement the HCFLF shall remain available until ex- for the Indian tribe or tribal organization. with the Indian tribe or tribal organization pended. ‘‘(2) DEFINITION.—For purposes of para- regarding the continued operation of a facil- ‘‘(d) FUNDING AGREEMENTS.—Amounts in graph (1), the term ‘supportable space alloca- ity under this section at the end of the ini- the HCFLF and available pursuant to appro- tion’ shall be defined through the negotiated priation Acts may be expended by the Sec- tial 10 year no-cost lease period. rulemaking process provided for under sec- retary, acting through the Service, to make ‘‘(3) BREACH OR TERMINATION OF AGREE- tion 802. loans under this section to an Indian tribe or MENT.—An Indian tribe or tribal organiza- ‘‘(c) CONSTRUCTION OF REPLACEMENT FA- tribal organization pursuant to a funding tion that has entered into a written agree- CILITIES.— agreement entered into under the Indian ment with the Secretary under this section, ‘‘(1) IN GENERAL.—In addition to using Self-Determination and Education Assist- and that breaches or terminates without maintenance and improvement funds for the ance Act. cause such agreement, shall be liable to the maintenance of facilities under subsection ‘‘(e) INVESTMENTS.—The Secretary of the United States for the amount that has been (b)(1), an Indian tribe or tribal organization Treasury shall invest such amounts of the paid to the tribe or tribal organization, or may use such funds for the construction of a HCFLF as such Secretary determines are not paid to a third party on the tribe’s or tribal replacement facility if the costs of the ren- required to meet current withdrawals from organization’s behalf, under the agreement. ovation of such facility would exceed a max- the HCFLF. Such investments may be made The Secretary has the right to recover tan- imum renovation cost threshold. only in interest-bearing obligations of the gible property (including supplies), and ‘‘(2) DEFINITION.—For purposes of para- United States. For such purpose, such obli- equipment, less depreciation, and any funds graph (1), the term ‘maximum renovation gations may be acquired on original issue at expended for operations and maintenance cost threshold’ shall be defined through the the issue price, or by purchase of out- under this section. The preceding sentence negotiated rulemaking process provided for standing obligations at the market price. shall not apply to any funds expended for the under section 802. Any obligation acquired by the fund may be delivery of health care services, or for per- sold by the Secretary of the Treasury at the sonnel or staffing. ‘‘SEC. 315. TRIBAL MANAGEMENT OF FEDERALLY- OWNED QUARTERS. market price. ‘‘(d) RECOVERY FOR NON-USE.—An Indian ‘‘(f) GRANTS.—The Secretary is authorized tribe or tribal organization that has entered ‘‘(a) ESTABLISHMENT OF RENTAL RATES.— to establish a program to provide grants to into a written agreement with the Secretary ‘‘(1) IN GENERAL.—Notwithstanding any Indian tribes and tribal organizations for the under this section shall be entitled to re- other provision of law, an Indian tribe or purpose of repaying all or part of any loan cover from the United States an amount tribal organization which operates a hospital obtained by an Indian tribe or tribal organi- that is proportional to the value of such fa- or other health facility and the Federally- zation for construction and renovation of cility should at any time within 10 years the owned quarters associated therewith, pursu- health care facilities (including inpatient fa- Service ceases to use the facility or other- ant to a funding agreement under the Indian cilities, outpatient facilities, associated staff wise breaches the agreement. Self-Determination and Education Assist- quarters and specialized care facilities). ‘‘(e) DEFINITION.—In this section, the terms ance Act, may establish the rental rates Loans eligible for such repayment grants ‘health facility’ or ‘health facilities’ include charged to the occupants of such quarters by

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.098 S06PT1 S3298 CONGRESSIONAL RECORD — SENATE March 6, 2003 providing notice to the Secretary of its elec- established community with a year-round ‘‘TITLE IV—ACCESS TO HEALTH SERVICES tion to exercise such authority. population of 1,500 or more individuals. ‘‘SEC. 401. TREATMENT OF PAYMENTS UNDER ‘‘(2) OBJECTIVES.—In establishing rental MEDICARE PROGRAM. rates under paragraph (1), an Indian tribe or ‘‘SEC. 316. APPLICABILITY OF BUY AMERICAN RE- QUIREMENT. ‘‘(a) IN GENERAL.—Any payments received tribal organization shall attempt to achieve by the Service, by an Indian tribe or tribal the following objectives: ‘‘(a) IN GENERAL.—The Secretary shall en- organization pursuant to a funding agree- ‘‘(A) The rental rates should be based on sure that the requirements of the Buy Amer- ment under the Indian Self-Determination the reasonable value of the quarters to the ican Act apply to all procurements made and Education Assistance Act, or by an occupants thereof. with funds provided pursuant to the author- urban Indian organization pursuant to title ‘‘(B) The rental rates should generate suffi- ization contained in section 318, except that V of this Act for services provided to Indians cient funds to prudently provide for the oper- Indian tribes and tribal organizations shall eligible for benefits under title XVIII of the ation and maintenance of the quarters, and, be exempt from such requirements. Social Security Act shall not be considered subject to the discretion of the Indian tribe ‘‘(b) FALSE OR MISLEADING LABELING.—If it in determining appropriations for health or tribal organization, to supply reserve has been finally determined by a court or care and services to Indians. QUAL TREATMENT.—Nothing in this funds for capital repairs and replacement of Federal agency that any person inten- ‘‘(b) E Act authorizes the Secretary to provide serv- the quarters. tionally affixed a label bearing a ‘Made in ices to an Indian beneficiary with coverage ‘‘(3) ELIGIBILITY FOR QUARTERS IMPROVE- America’ inscription, or any inscription with under title XVIII of the Social Security Act MENT AND REPAIR.—Any quarters whose rent- the same meaning, to any product sold in or in preference to an Indian beneficiary with- al rates are established by an Indian tribe or shipped to the United States that is not tribal organization under this subsection out such coverage. made in the United States, such person shall ‘‘(c) SPECIAL FUND.— shall continue to be eligible for quarters im- be ineligible to receive any contract or sub- provement and repair funds to the same ex- ‘‘(1) USE OF FUNDS.—Notwithstanding any contract made with funds provided pursuant other provision of this title or of title XVIII tent as other Federally-owned quarters that to the authorization contained in section 318, are used to house personnel in Service-sup- of the Social Security Act, payments to pursuant to the debarment, suspension, and which any facility of the Service is entitled ported programs. ineligibility procedures described in sections ‘‘(4) NOTICE OF CHANGE IN RATES.—An In- by reason of this section shall be placed in a 9.400 through 9.409 of title 48, Code of Federal dian tribe or tribal organization that exer- special fund to be held by the Secretary and Regulations. cises the authority provided under this sub- first used (to such extent or in such amounts section shall provide occupants with not less (c) DEFINITION.—In this section, the term as are provided in appropriation Acts) for the than 60 days notice of any change in rental ‘Buy American Act’ means title III of the purpose of making any improvements in the rates. Act entitled ‘An Act making appropriations programs of the Service which may be nec- ‘‘(b) COLLECTION OF RENTS.— for the Treasury and Post Office Depart- essary to achieve or maintain compliance ‘‘(1) IN GENERAL.—Notwithstanding any ments for the fiscal year ending June 30, with the applicable conditions and require- other provision of law, and subject to para- 1934, and for other purposes’, approved March ments of this title and of title XVIII of the graph (2), an Indian tribe or a tribal organi- 3, 1933 (41 U.S.C. 10a et seq.). Social Security Act. Any funds to be reim- zation that operates Federally-owned quar- bursed which are in excess of the amount ‘‘SEC. 317. OTHER FUNDING FOR FACILITIES. ters pursuant to a funding agreement under necessary to achieve or maintain such condi- the Indian Self-Determination and Edu- ‘‘Notwithstanding any other provision of tions and requirements shall, subject to the cation Assistance Act shall have the author- law— consultation with tribes being served by the ity to collect rents directly from Federal ‘‘(1) the Secretary may accept from any service unit, be used for reducing the health employees who occupy such quarters in ac- source, including Federal and State agen- resource deficiencies of the Indian tribes. cordance with the following: cies, funds that are available for the con- ‘‘(2) NONAPPLICATION IN CASE OF ELECTION ‘‘(A) The Indian tribe or tribal organiza- struction of health care facilities and use FOR DIRECT BILLING.—Paragraph (1) shall not tion shall notify the Secretary and the Fed- such funds to plan, design and construct apply upon the election of an Indian tribe or eral employees involved of its election to ex- health care facilities for Indians and to place tribal organization under section 405 to re- ercise its authority to collect rents directly such funds into funding agreements author- ceive direct payments for services provided from such Federal employees. ized under the Indian Self-Determination to Indians eligible for benefits under title ‘‘(B) Upon the receipt of a notice described and Education Assistance Act (25 U.S.C. 450f XVIII of the Social Security Act. in subparagraph (A), the Federal employees et seq.) between the Secretary and an Indian ‘‘SEC. 402. TREATMENT OF PAYMENTS UNDER involved shall pay rents for the occupancy of tribe or tribal organization, except that the MEDICAID PROGRAM. such quarters directly to the Indian tribe or receipt of such funds shall not have an effect ‘‘(a) SPECIAL FUND.— tribal organization and the Secretary shall on the priorities established pursuant to sec- ‘‘(1) USE OF FUNDS.—Notwithstanding any have no further authority to collect rents tion 301; other provision of law, payments to which from such employees through payroll deduc- ‘‘(2) the Secretary may enter into inter- any facility of the Service (including a hos- tion or otherwise. agency agreements with other Federal or pital, nursing facility, intermediate care fa- ‘‘(C) Such rent payments shall be retained State agencies and other entities and to ac- cility for the mentally retarded, or any other by the Indian tribe or tribal organization cept funds from such Federal or State agen- type of facility which provides services for and shall not be made payable to or other- cies or other entities to provide for the plan- which payment is available under title XIX wise be deposited with the United States. ning, design and construction of health care of the Social Security Act) is entitled under ‘‘(D) Such rent payments shall be deposited facilities to be administered by the Service a State plan by reason of section 1911 of such into a separate account which shall be used or by Indian tribes or tribal organizations Act shall be placed in a special fund to be by the Indian tribe or tribal organization for under the Indian Self-Determination and held by the Secretary and first used (to such the maintenance (including capital repairs Education Assistance Act in order to carry extent or in such amounts as are provided in and replacement expenses) and operation of out the purposes of this Act, together with appropriation Acts) for the purpose of mak- the quarters and facilities as the Indian tribe the purposes for which such funds are appro- ing any improvements in the facilities of or tribal organization shall determine appro- priated to such other Federal or State agen- such Service which may be necessary to priate. cy or for which the funds were otherwise pro- achieve or maintain compliance with the ap- ‘‘(2) RETROCESSION.—If an Indian tribe or vided; plicable conditions and requirements of such tribal organization which has made an elec- ‘‘(3) any Federal agency to which funds for title. Any payments which are in excess of tion under paragraph (1) requests retroces- the construction of health care facilities are the amount necessary to achieve or maintain sion of its authority to directly collect rents appropriated is authorized to transfer such such conditions and requirements shall, sub- from Federal employees occupying Feder- funds to the Secretary for the construction ject to the consultation with tribes being ally-owned quarters, such retrocession shall of health care facilities to carry out the pur- served by the service unit, be used for reduc- become effective on the earlier of— poses of this Act as well as the purposes for ing the health resource deficiencies of the ‘‘(A) the first day of the month that begins which such funds are appropriated to such Indian tribes. In making payments from such not less than 180 days after the Indian tribe other Federal agency; and fund, the Secretary shall ensure that each or tribal organization notifies the Secretary ‘‘(4) the Secretary, acting through the service unit of the Service receives 100 per- of its desire to retrocede; or Service, shall establish standards under reg- cent of the amounts to which the facilities of ‘‘(B) such other date as may be mutually ulations developed through rulemaking the Service, for which such service unit agreed upon by the Secretary and the Indian under section 802, for the planning, design makes collections, are entitled by reason of tribe or tribal organization. and construction of health care facilities section 1911 of the Social Security Act. ‘‘(c) RATES.—To the extent that an Indian serving Indians under this Act. ‘‘(2) NONAPPLICATION IN CASE OF ELECTION tribe or tribal organization, pursuant to au- FOR DIRECT BILLING.—Paragraph (1) shall not ‘‘SEC. 318. AUTHORIZATION OF APPROPRIATIONS. thority granted in subsection (a), establishes apply upon the election of an Indian tribe or rental rates for Federally-owned quarters ‘‘There is authorized to be appropriated tribal organization under section 405 to re- provided to a Federal employee in Alaska, such sums as may be necessary for each fis- ceive direct payments for services provided such rents may be based on the cost of com- cal year through fiscal year 2015 to carry out to Indians eligible for medical assistance parable private rental housing in the nearest this title. under title XIX of the Social Security Act.

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‘‘(b) PAYMENTS DISREGARDED FOR APPRO- ‘‘(c) AGREEMENTS FOR RECEIPT AND PROC- ‘‘(1) USE OF FUNDS.—Each hospital or clinic PRIATIONS.—Any payments received under ESSING OF APPLICATIONS.—The Secretary participating in the program described in section 1911 of the Social Security Act for may enter into an agreement with an Indian subsection (a) of this section shall be reim- services provided to Indians eligible for bene- tribe or tribal organization, or an urban In- bursed directly under titles XVIII and XIX of fits under title XIX of the Social Security dian organization, which provides for the re- the Social Security Act for services fur- Act shall not be considered in determining ceipt and processing of applications for med- nished, without regard to the provisions of appropriations for the provision of health ical assistance under title XIX of the Social section 1880(c) of the Social Security Act (42 care and services to Indians. Security Act, child health assistance under U.S.C. 1395qq(c)) and sections 402(a) and ‘‘(c) DIRECT BILLING.—For provisions relat- title XXI of such Act and benefits under title 807(b)(2)(A), but all funds so reimbursed shall ing to the authority of certain Indian tribes XVIII of such Act by a Service facility or a first be used by the hospital or clinic for the and tribal organizations to elect to directly health care program administered by such purpose of making any improvements in the bill for, and receive payment for, health care Indian tribe or tribal organization, or urban hospital or clinic that may be necessary to services provided by a hospital or clinic of Indian organization, pursuant to a funding achieve or maintain compliance with the such tribes or tribal organizations and for agreement under the Indian Self-Determina- conditions and requirements applicable gen- which payment may be made under this tion and Education Assistance Act or a grant erally to facilities of such type under title title, see section 405. or contract entered into with an urban In- XVIII or XIX of the Social Security Act. Any ‘‘SEC. 403. REPORT. dian organization under title V of this Act. funds so reimbursed which are in excess of ‘‘(a) INCLUSION IN ANNUAL REPORT.—The Notwithstanding any other provision of law, the amount necessary to achieve or maintain Secretary shall submit to the President, for such agreements shall provide for reimburse- such conditions shall be used— inclusion in the report required to be trans- ment of the cost of outreach, education re- ‘‘(A) solely for improving the health re- mitted to the Congress under section 801, an garding eligibility and benefits, and trans- sources deficiency level of the Indian tribe; accounting on the amount and use of funds lation when such services are provided. The and made available to the Service pursuant to reimbursement may be included in an en- ‘‘(B) in accordance with the regulations of this title as a result of reimbursements counter rate or be made on a fee-for-service the Service applicable to funds provided by under titles XVIII and XIX of the Social Se- basis as appropriate for the provider. When the Service under any contract entered into curity Act. necessary to carry out the terms of this sec- under the Indian Self-Determination Act (25 ‘‘(b) IDENTIFICATION OF SOURCE OF PAY- tion, the Secretary, acting through the U.S.C. 450f et seq.). MENTS.—If an Indian tribe or tribal organiza- Health Care Financing Administration or ‘‘(2) AUDITS.—The amounts paid to the hos- tion receives funding from the Service under the Service, may enter into agreements with pitals and clinics participating in the pro- the Indian Self-Determination and Edu- a State (or political subdivision thereof) to gram established under this section shall be cation Assistance Act or an urban Indian or- facilitate cooperation between the State and subject to all auditing requirements applica- ganization receives funding from the Service the Service, an Indian tribe or tribal organi- ble to programs administered directly by the under Title V of this Act and receives reim- zation, and an urban Indian organization. Service and to facilities participating in the bursements or payments under title XVIII, ‘‘(d) GRANTS.— medicare and medicaid programs under titles XIX, or XXI of the Social Security Act, such ‘‘(1) IN GENERAL.—The Secretary shall XVIII and XIX of the Social Security Act. Indian tribe or tribal organization, or urban make grants or enter into contracts with ‘‘(3) SECRETARIAL OVERSIGHT.—The Sec- Indian organization, shall provide to the urban Indian organizations to assist such or- retary shall monitor the performance of hos- Service a list of each provider enrollment ganizations in establishing and admin- pitals and clinics participating in the pro- number (or other identifier) under which it istering programs to assist individual urban gram established under this section, and receives such reimbursements or payments. Indians to— shall require such hospitals and clinics to ‘‘SEC. 404. GRANTS TO AND FUNDING AGREE- submit reports on the program to the Sec- MENTS WITH THE SERVICE, INDIAN ‘‘(A) enroll under sections 1818, 1836, and TRIBES OR TRIBAL ORGANIZATIONS, 1837 of the Social Security Act; retary on an annual basis. AND URBAN INDIAN ORGANIZA- ‘‘(B) pay premiums on behalf of such indi- ‘‘(4) NO PAYMENTS FROM SPECIAL FUNDS.— TIONS. viduals for coverage under title XVIII of Notwithstanding section 1880(c) of the Social ‘‘(a) IN GENERAL.—The Secretary shall such Act; and Security Act (42 U.S.C. 1395qq(c)) or section make grants to or enter into funding agree- ‘‘(C) apply for medical assistance provided 402(a), no payment may be made out of the ments with Indian tribes and tribal organiza- under title XIX of such Act and for child special funds described in such sections for tions to assist such organizations in estab- health assistance under title XXI of such the benefit of any hospital or clinic during lishing and administering programs on or Act. the period that the hospital or clinic partici- near Federal Indian reservations and trust ‘‘(2) REQUIREMENTS.—The Secretary shall pates in the program established under this areas and in or near Alaska Native villages include in the grants or contracts made or section. to assist individual Indians to— entered into under paragraph (1) require- ‘‘(c) REQUIREMENTS FOR PARTICIPATION.— ‘‘(1) enroll under sections 1818, 1836, and ments that are— ‘‘(1) APPLICATION.—Except as provided in 1837 of the Social Security Act; ‘‘(A) consistent with the conditions im- paragraph (2)(B), in order to be eligible for ‘‘(2) pay premiums for health insurance posed by the Secretary under subsection (b); participation in the program established coverage; and ‘‘(B) appropriate to urban Indian organiza- under this section, an Indian tribe, tribal or- ‘‘(3) apply for medical assistance provided tions and urban Indians; and ganization, or Alaska Native health organi- pursuant to titles XIX and XXI of the Social ‘‘(C) necessary to carry out the purposes of zation shall submit an application to the Security Act. this section. Secretary that establishes to the satisfac- ‘‘(b) CONDITIONS.—The Secretary shall ‘‘SEC. 405. DIRECT BILLING AND REIMBURSE- tion of the Secretary that— place conditions as deemed necessary to ef- MENT OF MEDICARE, MEDICAID, ‘‘(A) the Indian tribe, tribal organization, fect the purpose of this section in any fund- AND OTHER THIRD PARTY PAYORS. or Alaska Native health organization con- ing agreement or grant which the Secretary ‘‘(a) ESTABLISHMENT OF DIRECT BILLING tracts or compacts for the operation of a fa- makes with any Indian tribe or tribal organi- PROGRAM.— cility of the Service; zation pursuant to this section. Such condi- ‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘(B) the facility is eligible to participate tions shall include, but are not limited to, tablish a program under which Indian tribes, in the medicare or medicaid programs under requirements that the organization success- tribal organizations, and Alaska Native section 1880 or 1911 of the Social Security fully undertake to— health organizations that contract or com- Act (42 U.S.C. 1395qq; 1396j); ‘‘(1) determine the population of Indians to pact for the operation of a hospital or clinic ‘‘(C) the facility meets the requirements be served that are or could be recipients of of the Service under the Indian Self-Deter- that apply to programs operated directly by benefits or assistance under titles XVIII, mination and Education Assistance Act may the Service; and XIX, and XXI of the Social Security Act; elect to directly bill for, and receive pay- ‘‘(D) the facility— ‘‘(2) assist individual Indians in becoming ment for, health care services provided by ‘‘(i) is accredited by an accrediting body as familiar with and utilizing such benefits and such hospital or clinic for which payment is eligible for reimbursement under the medi- assistance; made under the medicare program estab- care or medicaid programs; or ‘‘(3) provide transportation to such indi- lished under title XVIII of the Social Secu- ‘‘(ii) has submitted a plan, which has been vidual Indians to the appropriate offices for rity Act (42 U.S.C. 1395 et seq.), under the approved by the Secretary, for achieving enrollment or applications for such benefits medicaid program established under title such accreditation. and assistance; XIX of the Social Security Act (42 U.S.C. 1396 ‘‘(2) APPROVAL.— ‘‘(4) develop and implement— et seq.), or from any other third party payor. ‘‘(A) IN GENERAL.—The Secretary shall re- ‘‘(A) a schedule of income levels to deter- ‘‘(2) APPLICATION OF 100 PERCENT FMAP.— view and approve a qualified application not mine the extent of payments of premiums by The third sentence of section 1905(b) of the later than 90 days after the date the applica- such organizations for health insurance cov- Social Security Act (42 U.S.C. 1396d(b)) shall tion is submitted to the Secretary unless the erage of needy individuals; and apply for purposes of reimbursement under Secretary determines that any of the cri- ‘‘(B) methods of improving the participa- title XIX of the Social Security Act for teria set forth in paragraph (1) are not met. tion of Indians in receiving the benefits and health care services directly billed under the ‘‘(B) GRANDFATHER OF DEMONSTRATION PRO- assistance provided under titles XVIII, XIX, program established under this section. GRAM PARTICIPANTS.—Any participant in the and XXI of the Social Security Act. ‘‘(b) DIRECT REIMBURSEMENT.— demonstration program authorized under

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this section as in effect on the day before the cover the reasonable charges billed or ex- ‘‘(i) RIGHT OF ACTION AGAINST INSURERS date of enactment of the Alaska Native and penses incurred by the organization in pro- AND EMPLOYEE BENEFIT PLANS.— American Indian Direct Reimbursement Act viding health services to any individual to ‘‘(1) IN GENERAL.—Where an insurance com- of 2000 shall be deemed approved for partici- the same extent that such individual, or any pany or employee benefit plan fails or re- pation in the program established under this other nongovernmental provider of such fuses to pay the amount due under sub- section and shall not be required to submit services, would be eligible to receive reim- section (a) for services provided to an indi- an application in order to participate in the bursement or indemnification for such vidual who is a beneficiary, participant, or program. charges or expenses if such individual had insured of such company or plan, the United ‘‘(C) DURATION.—An approval by the Sec- been required to pay such charges or ex- States or an Indian tribe or tribal organiza- retary of a qualified application under sub- penses and did pay such charges or expenses. tion shall have a right to assert and pursue paragraph (A), or a deemed approval of a ‘‘(c) LIMITATIONS ON RECOVERIES FROM all the claims and remedies against such demonstration program under subparagraph STATES.—Subsections (a) and (b) shall pro- company or plan, and against the fiduciaries (B), shall continue in effect as long as the ap- vide a right of recovery against any State, of such company or plan, that the individual proved applicant or the deemed approved only if the injury, illness, or disability for could assert or pursue under applicable Fed- demonstration program meets the require- which health services were provided is cov- eral, State or tribal law. ered under— ments of this section. ‘‘(2) URBAN INDIAN ORGANIZATIONS.—Where ‘‘(1) workers’ compensation laws; or ‘‘(d) EXAMINATION AND IMPLEMENTATION OF an insurance company or employee benefit ‘‘(2) a no-fault automobile accident insur- CHANGES.— plan fails or refuses to pay the amounts due ance plan or program. ‘‘(1) IN GENERAL.—The Secretary, acting under subsection (b) for health services pro- ‘‘(d) NONAPPLICATION OF OTHER LAWS.—No through the Service, and with the assistance law of any State, or of any political subdivi- vided to an individual who is a beneficiary, of the Administrator of the Health Care Fi- sion of a State and no provision of any con- participant, or insured of such company or nancing Administration, shall examine on an tract entered into or renewed after the date plan, the urban Indian organization shall ongoing basis and implement— of enactment of the Indian Health Care have a right to assert and pursue all the ‘‘(A) any administrative changes that may Amendments of 1988, shall prevent or hinder claims and remedies against such company be necessary to facilitate direct billing and the right of recovery of the United States or or plan, and against the fiduciaries of such reimbursement under the program estab- an Indian tribe or tribal organization under company or plan, that the individual could lished under this section, including any subsection (a), or an urban Indian organiza- assert or pursue under applicable Federal or agreements with States that may be nec- tion under subsection (b). State law. essary to provide for direct billing under ‘‘(e) NO EFFECT ON PRIVATE RIGHTS OF AC- ‘‘(j) NONAPPLICATION OF CLAIMS FILING RE- title XIX of the Social Security Act; and TION.—No action taken by the United States QUIREMENTS.—Notwithstanding any other ‘‘(B) any changes that may be necessary to or an Indian tribe or tribal organization to provision in law, the Service, an Indian tribe enable participants in the program estab- enforce the right of recovery provided under or tribal organization, or an urban Indian or- lished under this section to provide to the subsection (a), or by an urban Indian organi- ganization shall have a right of recovery for Service medical records information on pa- zation to enforce the right of recovery pro- any otherwise reimbursable claim filed on a tients served under the program that is con- vided under subsection (b), shall affect the current HCFA–1500 or UB–92 form, or the cur- sistent with the medical records information right of any person to any damages (other rent NSF electronic format, or their succes- system of the Service. than damages for the cost of health services sors. No health plan shall deny payment be- ‘‘(2) ACCOUNTING INFORMATION.—The ac- provided by the Secretary through the Serv- cause a claim has not been submitted in a counting information that a participant in ice). unique format that differs from such forms. the program established under this section ‘‘(f) METHODS OF ENFORCEMENT.— ‘‘SEC. 407. CREDITING OF REIMBURSEMENTS. shall be required to report shall be the same ‘‘(1) IN GENERAL.—The United States or an ‘‘(a) RETENTION OF FUNDS.—Except as pro- as the information required to be reported by Indian tribe or tribal organization may en- vided in section 202(d), this title, and section participants in the demonstration program force the right of recovery provided under 807, all reimbursements received or recov- authorized under this section as in effect on subsection (a), and an urban Indian organiza- ered under the authority of this Act, Public the day before the date of enactment of the tion may enforce the right of recovery pro- Law 87–693, or any other provision of law, by Alaska Native and American Indian Direct vided under subsection (b), by— reason of the provision of health services by Reimbursement Act of 2000. The Secretary ‘‘(A) intervening or joining in any civil ac- the Service or by an Indian tribe or tribal or- may from time to time, after consultation tion or proceeding brought— ganization under a funding agreement pursu- with the program participants, change the ‘‘(i) by the individual for whom health ant to the Indian Self-Determination and accounting information submission require- services were provided by the Secretary, an Education Assistance Act, or by an urban In- ments. Indian tribe or tribal organization, or urban dian organization funded under title V, shall ‘‘(e) WITHDRAWAL FROM PROGRAM.—A par- Indian organization; or be retained by the Service or that tribe or ticipant in the program established under ‘‘(ii) by any representative or heirs of such tribal organization and shall be available for this section may withdraw from participa- individual; or the facilities, and to carry out the programs, tion in the same manner and under the same ‘‘(B) instituting a civil action. of the Service or that tribe or tribal organi- conditions that a tribe or tribal organization ‘‘(2) NOTICE.—All reasonable efforts shall zation to provide health care services to In- may retrocede a contracted program to the be made to provide notice of an action insti- dians. Secretary under authority of the Indian Self- tuted in accordance with paragraph (1)(B) to ‘‘(b) NO OFFSET OF FUNDS.—The Service Determination Act (25 U.S.C. 450 et seq.). All the individual to whom health services were may not offset or limit the amount of funds cost accounting and billing authority under provided, either before or during the pend- obligated to any service unit or entity re- the program established under this section ency of such action. ceiving funding from the Service because of shall be returned to the Secretary upon the ‘‘(g) LIMITATION.—Notwithstanding this the receipt of reimbursements under sub- Secretary’s acceptance of the withdrawal of section, absent specific written authoriza- section (a). participation in this program. tion by the governing body of an Indian tribe ‘‘SEC. 408. PURCHASING HEALTH CARE COV- ‘‘SEC. 406. REIMBURSEMENT FROM CERTAIN for the period of such authorization (which ERAGE. THIRD PARTIES OF COSTS OF may not be for a period of more than 1 year ‘‘An Indian tribe or tribal organization, HEALTH SERVICES. and which may be revoked at any time upon and an urban Indian organization may uti- ‘‘(a) RIGHT OF RECOVERY.—Except as pro- written notice by the governing body to the lize funding from the Secretary under this vided in subsection (g), the United States, an Service), neither the United States through Act to purchase managed care coverage for Indian tribe or tribal organization shall have the Service, nor an Indian tribe or tribal or- Service beneficiaries (including insurance to the right to recover the reasonable charges ganization under a funding agreement pursu- limit the financial risks of managed care en- billed or expenses incurred by the Secretary ant to the Indian Self-Determination and tities) from— or an Indian tribe or tribal organization in Education Assistance Act, nor an urban In- ‘‘(1) a tribally owned and operated man- providing health services, through the Serv- dian organization funded under title V, shall aged care plan; ice or an Indian tribe or tribal organization have a right of recovery under this section if ‘‘(2) a State or locally-authorized or li- to any individual to the same extent that the injury, illness, or disability for which censed managed care plan; or such individual, or any nongovernmental health services were provided is covered ‘‘(3) a health insurance provider. provider of such services, would be eligible under a self-insurance plan funded by an In- ‘‘SEC. 409. INDIAN HEALTH SERVICE, DEPART- to receive reimbursement or indemnification dian tribe or tribal organization, or urban MENT OF VETERAN’S AFFAIRS, AND for such charges or expenses if— Indian organization. Where such tribal au- OTHER FEDERAL AGENCY HEALTH ‘‘(1) such services had been provided by a thorization is provided, the Service may re- FACILITIES AND SERVICES SHAR- nongovernmental provider; and ceive and expend such funds for the provision ING. ‘‘(2) such individual had been required to of additional health services. ‘‘(a) EXAMINATION OF FEASIBILITY OF AR- pay such charges or expenses and did pay ‘‘(h) COSTS AND ATTORNEYS’ FEES.—In any RANGEMENTS.— such expenses. action brought to enforce the provisions of ‘‘(1) IN GENERAL.—The Secretary shall ex- ‘‘(b) URBAN INDIAN ORGANIZATIONS.—Except this section, a prevailing plaintiff shall be amine the feasibility of entering into ar- as provided in subsection (g), an urban In- awarded reasonable attorneys’ fees and costs rangements or expanding existing arrange- dian organization shall have the right to re- of litigation. ments for the sharing of medical facilities

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.098 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3301 and services between the Service and the ‘‘(2) purchase insurance to limit the finan- ‘‘SEC. 417. WAIVER OF MEDICARE AND MEDICAID Veterans’ Administration, and other appro- cial risks under the project. SANCTIONS. priate Federal agencies, including those ‘‘(b) EXTENSION OF PROJECT.—The dem- ‘‘Notwithstanding any other provision of within the Department, and shall, in accord- onstration project authorized under sub- law, the Service or an Indian tribe or tribal ance with subsection (b), prepare a report on section (a) may be extended to other service organization or an urban Indian organization the feasibility of such arrangements. units in Arizona, subject to the approval of operating a health program under the Indian ‘‘(2) SUBMISSION OF REPORT.—Not later than the Indian tribes to be served in such service Self-Determination and Education Assist- September 30, 2003, the Secretary shall sub- units, the Service, and the State of Arizona. ance Act shall be entitled to seek a waiver of mit the report required under paragraph (1) sanctions imposed under title XVIII, XIX, or ‘‘SEC. 413. ACCESS TO FEDERAL INSURANCE. to Congress. XXI of the Social Security Act as if such en- ‘‘(3) CONSULTATION REQUIRED.—The Sec- ‘‘Notwithstanding the provisions of title 5, tity were directly responsible for admin- retary may not finalize any arrangement de- United States Code, Executive Order, or ad- istering the State health care program. scribed in paragraph (1) without first con- ministrative regulation, an Indian tribe or ‘‘SEC. 418. MEANING OF ‘REMUNERATION’ FOR sulting with the affected Indian tribes. tribal organization carrying out programs PURPOSES OF SAFE HARBOR PROVI- SIONS; ANTITRUST IMMUNITY. ‘‘(b) LIMITATIONS.—The Secretary shall not under the Indian Self-Determination and ‘‘(a) MEANING OF REMUNERATION.—Notwith- take any action under this section or under Education Assistance Act or an urban Indian standing any other provision of law, the subchapter IV of chapter 81 of title 38, organization carrying out programs under term ‘remuneration’ as used in sections United States Code, which would impair— title V of this Act shall be entitled to pur- 1128A and 1128B of the Social Security Act ‘‘(1) the priority access of any Indian to chase coverage, rights and benefits for the shall not include any exchange of anything health care services provided through the employees of such Indian tribe or tribal or- of value between or among— Service; ganization, or urban Indian organization, ‘‘(1) any Indian tribe or tribal organization ‘‘(2) the quality of health care services pro- under chapter 89 of title 5, United States or an urban Indian organization that admin- vided to any Indian through the Service; Code, and chapter 87 of such title if nec- isters health programs under the authority ‘‘(3) the priority access of any veteran to essary employee deductions and agency con- of the Indian Self-Determination and Edu- health care services provided by the Vet- tributions in payment for the coverage, cation Assistance Act; erans’ Administration; rights, and benefits for the period of employ- ‘‘(2) any such Indian tribe or tribal organi- ‘‘(4) the quality of health care services pro- ment with such Indian tribe or tribal organi- zation or urban Indian organization and the vided to any veteran by the Veteran’s Ad- zation, or urban Indian organization, are Service; ministration; currently deposited in the applicable Em- ‘‘(3) any such Indian tribe or tribal organi- ‘‘(5) the eligibility of any Indian to receive ployee’s Fund under such title. zation or urban Indian organization and any health services through the Service; or ‘‘SEC. 414. CONSULTATION AND RULEMAKING. patient served or eligible for service under ‘‘(6) the eligibility of any Indian who is a ‘‘(a) CONSULTATION.—Prior to the adoption such programs, including patients served or veteran to receive health services through of any policy or regulation by the Health eligible for service pursuant to section 813 of the Veterans’ Administration provided, how- Care Financing Administration, the Sec- this Act (as in effect on the day before the ever, the Service or the Indian tribe or tribal retary shall require the Administrator of date of enactment of the Indian Health Care organization shall be reimbursed by the Vet- that Administration to— Improvement Act Reauthorization of 2003); erans’ Administration where services are ‘‘(1) identify the impact such policy or reg- or provided through the Service or Indian tribes ulation may have on the Service, Indian ‘‘(4) any such Indian tribe or tribal organi- or tribal organizations to beneficiaries eligi- tribes or tribal organizations, and urban In- zation or urban Indian organization and any ble for services from the Veterans’ Adminis- dian organizations; third party required by contract, section 206 tration, notwithstanding any other provision ‘‘(2) provide to the Service, Indian tribes or or 207 of this Act (as so in effect), or other of law. tribal organizations, and urban Indian orga- applicable law, to pay or reimburse the rea- ‘‘(c) AGREEMENTS FOR PARITY IN SERV- nizations the information described in para- sonable health care costs incurred by the ICES.—The Service may enter into agree- graph (1); United States or any such Indian tribe or ments with other Federal agencies to assist ‘‘(3) engage in consultation, consistent tribal organization or urban Indian organiza- in achieving parity in services for Indians. with the requirements of Executive Order tion; Nothing in this section may be construed as 13084 of May 14, 1998, with the Service, Indian provided the exchange arises from or relates creating any right of a veteran to obtain tribes or tribal organizations, and urban In- health services from the Service. to such health programs. dian organizations prior to enacting any ‘‘(b) ANTITRUST IMMUNITY.—An Indian tribe ‘‘SEC. 410. PAYOR OF LAST RESORT. such policy or regulation. or tribal organization or an urban Indian or- ‘‘The Service, and programs operated by ‘‘(b) RULEMAKING.—The Administrator of ganization that administers health programs Indian tribes or tribal organizations, or the Health Care Financing Administration under the authority of the Indian Self-Deter- urban Indian organizations shall be the shall participate in the negotiated rule- mination and Education Assistance Act or payor of last resort for services provided to making provided for under title VIII with re- title V shall be deemed to be an agency of individuals eligible for services from the gard to any regulations necessary to imple- the United States and immune from liability Service and such programs, notwithstanding ment the provisions of this title that relate under the Acts commonly known as the any Federal, State or local law to the con- to the Social Security Act. Sherman Act, the Clayton Act, the Robin- trary, unless such law explicitly provides ‘‘SEC. 415. LIMITATIONS ON CHARGES. son-Patman Anti-Discrimination Act, the otherwise. Federal Trade Commission Act, and any ‘‘No provider of health services that is eli- ‘‘SEC. 411. RIGHT TO RECOVER FROM FEDERAL other Federal, State, or local antitrust laws, gible to receive payments or reimbursements HEALTH CARE PROGRAMS. with regard to any transaction, agreement, under titles XVIII, XIX, or XXI of the Social ‘‘Notwithstanding any other provision of or conduct that relates to such programs. law, the Service, Indian tribes or tribal orga- Security Act or from any Federally funded (whether in whole or part) health care pro- ‘‘SEC. 419. CO-INSURANCE, CO-PAYMENTS, nizations, and urban Indian organizations DEDUCTIBLES AND PREMIUMS. gram may seek to recover payment for serv- (notwithstanding limitations on who is eligi- ‘‘(a) EXEMPTION FROM COST-SHARING RE- ices— ble to receive services from such entities) QUIREMENTS.—Notwithstanding any other shall be entitled to receive payment or reim- ‘‘(1) that are covered under and furnished provision of Federal or State law, no Indian bursement for services provided by such enti- to an individual eligible for the contract who is eligible for services under title XVIII, ties from any Federally funded health care health services program operated by the XIX, or XXI of the Social Security Act, or program, unless there is an explicit prohibi- Service, by an Indian tribe or tribal organi- under any other Federally funded health tion on such payments in the applicable au- zation, or furnished to an urban Indian eligi- care programs, may be charged a deductible, thorizing statute. ble for health services purchased by an urban co-payment, or co-insurance for any service ‘‘SEC. 412. TUBA CITY DEMONSTRATION PROJECT. Indian organization, in an amount in excess provided by or through the Service, an In- of the lowest amount paid by any other ‘‘(a) IN GENERAL.—Notwithstanding any dian tribe or tribal organization or urban In- other provision of law, including the Anti- payor for comparable services; or dian organization, nor may the payment or Deficiency Act, provided the Indian tribes to ‘‘(2) for examinations or other diagnostic reimbursement due to the Service or an In- be served approve, the Service in the Tuba procedures that are not medically necessary dian tribe or tribal organization or urban In- City Service Unit may— if such procedures have already been per- dian organization be reduced by the amount ‘‘(1) enter into a demonstration project formed by the referring Indian health pro- of the deductible, co-payment, or co-insur- with the State of Arizona under which the gram and reported to the provider. ance that would be due from the Indian but Service would provide certain specified med- ‘‘SEC. 416. LIMITATION ON SECRETARY’S WAIVER for the operation of this section. For the pur- icaid services to individuals dually eligible AUTHORITY. poses of this section, the term ‘through’ for services from the Service and for medical ‘‘Notwithstanding any other provision of shall include services provided directly, by assistance under title XIX of the Social Se- law, the Secretary may not waive the appli- referral, or under contracts or other arrange- curity Act in return for payment on a cation of section 1902(a)(13)(D) of the Social ments between the Service, an Indian tribe capitated basis from the State of Arizona; Security Act to any State plan under title or tribal organization or an urban Indian or- and XIX of the Social Security Act. ganization and another health provider.

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‘‘(b) EXEMPTION FROM PREMIUMS.— sion in law, the Service, an Indian Tribe or dian managed care organization that pro- ‘‘(1) MEDICAID AND STATE CHILDREN’S tribal organization or an urban Indian orga- vides services similar to those offered by HEALTH INSURANCE PROGRAM.—Notwith- nization shall have a right of recovery under other managed care organizations in the standing any other provision of Federal or section 408 from all private and public health State. The Secretary and the State are here- State law, no Indian who is otherwise eligi- plans or programs, including the medicare, by authorized to waive requirements regard- ble for medical assistance under title XIX of medicaid, and State children’s health insur- ing discrimination, capitalization, and other the Social Security Act or child health as- ance programs under titles XVIII, XIX, and matters that might otherwise prevent an In- sistance under title XXI of such Act may be XXI of the Social Security Act, for the rea- dian managed care organization or health charged a premium as a condition of receiv- sonable costs of delivering health services to program from meeting Federal or State ing such assistance under title XIX of XXI of Indians entitled to receive services from the standards applicable to such organizations, such Act. Service, an Indian Tribe or tribal organiza- provided such Indian managed care organiza- ‘‘(2) MEDICARE ENROLLMENT PREMIUM PEN- tion or an urban Indian organization. tion or health program offers Indian enroll- ALTIES.—Notwithstanding section 1839(b) of ‘‘(b) LIMITATION.—No provision of law or ees services of an equivalent quality to that the Social Security Act or any other provi- regulation, or of any contract, may be relied required of other managed care organiza- sion of Federal or State law, no Indian who upon or interpreted to deny or reduce pay- tions. ‘‘(i) ADVERTISING.—A managed care organi- is eligible for benefits under part B of title ments otherwise due under subsection (a), zation entering into a contract to provide XVIII of the Social Security Act, but for the except to the extent the Service, an Indian services to Indians on or near an Indian res- payment of premiums, shall be charged a tribe or tribal organization, or an urban In- ervation shall provide a certificate of cov- penalty for enrolling in such part at a time dian organization has entered into an agree- erage or similar type of document that is later than the Indian might otherwise have ment with a managed care entity regarding written in the Indian language of the major- been first eligible to do so. The preceding services to be provided to Indians or rates to ity of the Indian population residing on such sentence applies whether an Indian pays for be paid for such services, provided that such reservation. premiums under such part directly or such an agreement may not be made a pre- ‘‘SEC. 424. NAVAJO NATION MEDICAID AGENCY. premiums are paid by another person or enti- requisite for such payments to be made. ‘‘(a) IN GENERAL.—Notwithstanding any ty, including a State, the Service, an Indian ‘‘(c) PARITY.—Payments due under sub- other provision of law, the Secretary may Tribe or tribal organization, or an urban In- section (a) from a managed care entity may treat the Navajo Nation as a State under dian organization. not be paid at a rate that is less than the title XIX of the Social Security Act for pur- ‘‘SEC. 420. INCLUSION OF INCOME AND RE- rate paid to a ‘preferred provider’ by the en- tity or, in the event there is no such rate, poses of providing medical assistance to In- SOURCES FOR PURPOSES OF MEDI- dians living within the boundaries of the CALLY NEEDY MEDICAID ELIGI- the usual and customary fee for equivalent BILITY. services. Navajo Nation. ‘‘(b) ASSIGNMENT AND PAYMENT.—Notwith- ‘‘For the purpose of determining the eligi- ‘‘(d) NO CLAIM REQUIREMENT.—A managed standing any other provision of law, the Sec- bility under section 1902(a)(10)(A)(ii)(IV) of care entity may not deny payment under retary may assign and pay all expenditures the Social Security Act of an Indian for med- subsection (a) because an enrollee with the related to the provision of services to Indi- ical assistance under a State plan under title entity has not submitted a claim. ans living within the boundaries of the Nav- XIX of such Act, the cost of providing serv- ‘‘(e) DIRECT BILLING.—Notwithstanding the ajo Nation under title XIX of the Social Se- ices to an Indian in a health program of the preceding subsections of this section, the Service, an Indian tribe or tribal organiza- curity Act (including administrative expend- Service, an Indian Tribe or tribal organiza- itures) that are currently paid to or would tion, or an urban Indian organization shall tion, or an urban Indian organization that provides a health service to an Indian enti- otherwise be paid to the States of Arizona, be deemed to have been an expenditure for New Mexico, and Utah, to an entity estab- health care by the Indian. tled to medical assistance under the State plan under title XIX of the Social Security lished by the Navajo Nation and approved by ‘‘SEC. 421. ESTATE RECOVERY PROVISIONS. the Secretary, which shall be denominated ‘‘Notwithstanding any other provision of Act or enrolled in a child health plan under title XXI of such Act shall have the right to the Navajo Nation Medicaid Agency. Federal or State law, the following property ‘‘(c) AUTHORITY.—The Navajo Nation Med- be paid directly by the State agency admin- may not be included when determining eligi- icaid Agency shall serve Indians living with- istering such plans notwithstanding any bility for services or implementing estate re- in the boundaries of the Navajo Nation and agreements the State may have entered into covery rights under title XVIII, XIX, or XXI shall have the same authority and perform with managed care organizations or pro- of the Social Security Act, or any other the same functions as other State agency re- viders. health care programs funded in whole or part sponsible for the administration of the State ‘‘(f) REQUIREMENT FOR MEDICAID MANAGED with Federal funds: plan under title XIX of the Social Security CARE ENTITIES.—A managed care entity (as ‘‘(1) Income derived from rents, leases, or Act. defined in section 1932(a)(1)(B) of the Social royalties of property held in trust for indi- ‘‘(d) TECHNICAL ASSISTANCE.—The Sec- Security Act shall, as a condition of partici- viduals by the Federal Government. retary may directly assist the Navajo Nation pation in the State plan under title XIX of ‘‘(2) Income derived from rents, leases, roy- in the development and implementation of a such Act, offer a contract to health pro- alties, or natural resources (including timber Navajo Nation Medicaid Agency for the ad- grams administered by the Service, an In- and fishing activities) resulting from the ex- ministration, eligibility, payment, and deliv- dian tribe or tribal organization or an urban ercise of Federally protected rights, whether ery of medical assistance under title XIX of Indian organization that provides health collected by an individual or a tribal group the Social Security Act (which shall, for pur- services in the geographic area served by the and distributed to individuals. poses of reimbursement to such Nation, in- managed care entity and such contract (or ‘‘(3) Property, including interests in real clude Western and traditional Navajo heal- other provider participation agreement) property currently or formerly held in trust ing services) within the Navajo Nation. Such shall contain terms and conditions of par- by the Federal Government which is pro- assistance may include providing funds for ticipation and payment no more restrictive tected under applicable Federal, State or demonstration projects conducted with such or onerous than those provided for in this tribal law or custom from recourse, includ- Nation. section. ing public domain allotments. ‘‘(e) FMAP.—Notwithstanding section ‘‘(g) PROHIBITION.—Notwithstanding any 1905(b) of the Social Security Act, the Fed- ‘‘(4) Property that has unique religious or other provision of law or any waiver granted cultural significance or that supports sub- eral medical assistance percentage shall be by the Secretary no Indian may be assigned 100 per cent with respect to amounts the sistence or traditional life style according to automatically or by default under any man- applicable tribal law or custom. Navajo Nation Medicaid agency expends for aged care entity participating in a State medical assistance and related administra- ‘‘SEC. 422. MEDICAL CHILD SUPPORT. plan under title XIX or XXI of the Social Se- tive costs. ‘‘Notwithstanding any other provision of curity Act unless the Indian had the option ‘‘(f) WAIVER AUTHORITY.—The Secretary law, a parent shall not be responsible for re- of enrolling in a managed care plan or health shall have the authority to waive applicable imbursing the Federal Government or a program administered by the Service, an In- provisions of Title XIX of the Social Secu- State for the cost of medical services pro- dian tribe or tribal organization, or an urban rity Act to establish, develop and implement vided to a child by or through the Service, Indian organization. the Navajo Nation Medicaid Agency. an Indian tribe or tribal organization or an ‘‘(h) INDIAN MANAGED CARE PLANS.—Not- ‘‘(g) SCHIP.—At the option of the Navajo urban Indian organization. For the purposes withstanding any other provision of law, any Nation, the Secretary may treat the Navajo of this subsection, the term ‘through’ in- State entering into agreements with one or Nation as a State for purposes of title XXI of cludes services provided directly, by referral, more managed care organizations to provide the Social Security Act under terms equiva- or under contracts or other arrangements be- services under title XIX or XXI of the Social lent to those described in the preceding sub- tween the Service, an Indian Tribe or tribal Security Act shall enter into such an agree- sections of this section. organization or an urban Indian organization ment with the Service, an Indian tribe or ‘‘SEC. 425. INDIAN ADVISORY COMMITTEES. and another health provider. tribal organization or an urban Indian orga- ‘‘(a) NATIONAL INDIAN TECHNICAL ADVISORY ‘‘SEC. 423. PROVISIONS RELATING TO MANAGED nization under which such an entity may GROUP.—The Administrator of the Health CARE. provide services to Indians who may be eligi- Care Financing Administration shall estab- ‘‘(a) RECOVERY FROM MANAGED CARE ble or required to enroll with a managed care lish and fund the expenses of a National In- PLANS.—Notwithstanding any other provi- organization through enrollment in an In- dian Technical Advisory Group which shall

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.099 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3303 have no fewer than 14 members, including at ‘‘(6) where necessary, provide, or enter into health providers in order to improve services least 1 member designated by the Indian contracts for the provision of, health care to urban Indians; tribes and tribal organizations in each serv- services for urban Indians. ‘‘(C) to provide outpatient behavioral ice area, 1 urban Indian organization rep- ‘‘(b) CRITERIA.—The Secretary, acting health services to urban Indians, including resentative, and 1 member representing the through the Service, shall by regulation the identification and assessment of illness, Service. The scope of the activities of such adopted pursuant to section 520 prescribe the therapeutic treatments, case management, group shall be established under section 802 criteria for selecting urban Indian organiza- support groups, family treatment, and other provided that such scope shall include pro- tions to enter into contracts or receive treatment; and viding comment on and advice regarding the grants under this section. Such criteria ‘‘(D) to develop innovative behavioral programs funded under titles XVIII, XIX, shall, among other factors, include— health service delivery models which incor- and XXI of the Social Security Act or re- ‘‘(1) the extent of unmet health care needs porate Indian cultural support systems and garding any other health care program fund- of urban Indians in the urban center or cen- resources. ed (in whole or part) by the Health Care Fi- ters involved; ‘‘(f) CHILD ABUSE.— nancing Administration. ‘‘(2) the size of the urban Indian population ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(b) INDIAN MEDICAID ADVISORY COMMIT- in the urban center or centers involved; through the Service, shall facilitate access TEES.—The Administrator of the Health Care ‘‘(3) the extent, if any, to which the activi- to, or provide, services for urban Indians Financing Administration shall establish ties set forth in subsection (a) would dupli- through grants to urban Indian organiza- and provide funding for a Indian Medicaid cate any project funded under this title; tions administering contracts entered into Advisory Committee made up of designees of ‘‘(4) the capability of an urban Indian orga- pursuant to this section or receiving grants the Service, Indian tribes and tribal organi- nization to perform the activities set forth under subsection (a) to prevent and treat zations and urban Indian organizations in in subsection (a) and to enter into a contract child abuse (including sexual abuse) among each State in which the Service directly op- with the Secretary or to meet the require- urban Indians. erates a health program or in which there is ments for receiving a grant under this sec- ‘‘(2) ASSESSMENT.—A grant may not be one or more Indian tribe or tribal organiza- tion; made under this subsection to an urban In- tion or urban Indian organization. ‘‘(5) the satisfactory performance and suc- dian organization until that organization ‘‘SEC. 426. AUTHORIZATION OF APPROPRIATIONS. cessful completion by an urban Indian orga- has prepared, and the Service has approved, There is authorized to be appropriated nization of other contracts with the Sec- an assessment that documents the preva- such sums as may be necessary for each of retary under this title; lence of child abuse in the urban Indian pop- fiscal years 2004 through 2015 to carry out ‘‘(6) the appropriateness and likely effec- ulation concerned and specifies the services this title.’’. tiveness of conducting the activities set and programs (which may not duplicate ex- ‘‘TITLE V—HEALTH SERVICES FOR URBAN forth in subsection (a) in an urban center or isting services and programs) for which the INDIANS centers; and grant is requested. ‘‘SEC. 501. PURPOSE. ‘‘(7) the extent of existing or likely future ‘‘(3) USE OF FUNDS.—Grants may be made ‘‘The purpose of this title is to establish participation in the activities set forth in under this subsection— programs in urban centers to make health subsection (a) by appropriate health and ‘‘(A) to prepare assessments required under services more accessible and available to health-related Federal, State, local, and paragraph (2); urban Indians. other agencies. ‘‘(B) for the development of prevention, training, and education programs for urban ‘‘SEC. 502. CONTRACTS WITH, AND GRANTS TO, ‘‘(c) HEALTH PROMOTION AND DISEASE PRE- Indian populations, including child edu- URBAN INDIAN ORGANIZATIONS. VENTION.—The Secretary, acting through the ‘‘Under the authority of the Act of Novem- Service, shall facilitate access to, or provide, cation, parent education, provider training ber 2, 1921 (25 U.S.C. 13) (commonly known as health promotion and disease prevention on identification and intervention, education the Snyder Act), the Secretary, through the services for urban Indians through grants on reporting requirements, prevention cam- Service, shall enter into contracts with, or made to urban Indian organizations admin- paigns, and establishing service networks of make grants to, urban Indian organizations istering contracts entered into pursuant to all those involved in Indian child protection; to assist such organizations in the establish- this section or receiving grants under sub- and ment and administration, within urban cen- section (a). ‘‘(C) to provide direct outpatient treat- ters, of programs which meet the require- ment services (including individual treat- ‘‘(d) IMMUNIZATION SERVICES.— ments set forth in this title. The Secretary, ment, family treatment, group therapy, and ‘‘(1) IN GENERAL.—The Secretary, acting through the Service, subject to section 506, support groups) to urban Indians who are through the Service, shall facilitate access shall include such conditions as the Sec- child victims of abuse (including sexual to, or provide, immunization services for retary considers necessary to effect the pur- abuse) or adult survivors of child sexual urban Indians through grants made to urban pose of this title in any contract which the abuse, to the families of such child victims, Indian organizations administering con- Secretary enters into with, or in any grant and to urban Indian perpetrators of child tracts entered into, or receiving grants, the Secretary makes to, any urban Indian abuse (including sexual abuse). under this section. organization pursuant to this title. ‘‘(4) CONSIDERATIONS.—In making grants to ‘‘(2) DEFINITION.—In this section, the term ‘‘SEC. 503. CONTRACTS AND GRANTS FOR THE carry out this subsection, the Secretary ‘immunization services’ means services to PROVISION OF HEALTH CARE AND shall take into consideration— provide without charge immunizations REFERRAL SERVICES. ‘‘(A) the support for the urban Indian orga- against vaccine-preventable diseases. ‘‘(a) AUTHORITY.—Under the authority of nization demonstrated by the child protec- ‘‘(e) MENTAL HEALTH SERVICES.— the Act of November 2, 1921 (25 U.S.C. 13) tion authorities in the area, including com- ‘‘(1) IN GENERAL.—The Secretary, acting (commonly known as the Snyder Act), the mittees or other services funded under the through the Service, shall facilitate access Secretary, acting through the Service, shall Indian Child Welfare Act of 1978 (25 U.S.C. to, or provide, mental health services for enter into contracts with, and make grants 1901 et seq.), if any; urban Indians through grants made to urban to, urban Indian organizations for the provi- ‘‘(B) the capability and expertise dem- Indian organizations administering con- sion of health care and referral services for onstrated by the urban Indian organization urban Indians. Any such contract or grant tracts entered into, or receiving grants, to address the complex problem of child sex- shall include requirements that the urban under this section. ual abuse in the community; and Indian organization successfully undertake ‘‘(2) ASSESSMENT.—A grant may not be ‘‘(C) the assessment required under para- to— made under this subsection to an urban In- graph (2). ‘‘(1) estimate the population of urban Indi- dian organization until that organization ‘‘(g) MULTIPLE URBAN CENTERS.—The Sec- ans residing in the urban center or centers has prepared, and the Service has approved, retary, acting through the Service, may that the organization proposes to serve who an assessment of the mental health needs of enter into a contract with, or make grants are or could be recipients of health care or the urban Indian population concerned, the to, an urban Indian organization that pro- referral services; mental health services and other related re- vides or arranges for the provision of health ‘‘(2) estimate the current health status of sources available to that population, the bar- care services (through satellite facilities, urban Indians residing in such urban center riers to obtaining those services and re- provider networks, or otherwise) to urban In- or centers; sources, and the needs that are unmet by dians in more than one urban center. ‘‘(3) estimate the current health care needs such services and resources. ‘‘SEC. 504. CONTRACTS AND GRANTS FOR THE DE- of urban Indians residing in such urban cen- ‘‘(3) USE OF FUNDS.—Grants may be made TERMINATION OF UNMET HEALTH ter or centers; under this subsection— CARE NEEDS. ‘‘(4) provide basic health education, includ- ‘‘(A) to prepare assessments required under ‘‘(a) AUTHORITY.— ing health promotion and disease prevention paragraph (2); ‘‘(1) IN GENERAL.—Under authority of the education, to urban Indians; ‘‘(B) to provide outreach, educational, and Act of November 2, 1921 (25 U.S.C. 13) (com- ‘‘(5) make recommendations to the Sec- referral services to urban Indians regarding monly known as the Snyder Act), the Sec- retary and Federal, State, local, and other the availability of direct behavioral health retary, acting through the Service, may resource agencies on methods of improving services, to educate urban Indians about be- enter into contracts with, or make grants to, health service programs to meet the needs of havioral health issues and services, and ef- urban Indian organizations situated in urban urban Indians; and fect coordination with existing behavioral centers for which contracts have not been

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.099 S06PT1 S3304 CONGRESSIONAL RECORD — SENATE March 6, 2003 entered into, or grants have not been made, performance cannot be resolved and pre- suant to paragraph (5) of subsection (a) of under section 503. vented in the future, the Secretary shall not such section; ‘‘(2) PURPOSE.—The purpose of a contract renew such contract or grant with such orga- ‘‘(2) information on activities conducted by or grant made under this section shall be the nization and is authorized to enter into a the organization pursuant to the contract or determination of the matters described in contract or make a grant under section 503 grant; subsection (b)(1) in order to assist the Sec- with another urban Indian organization ‘‘(3) an accounting of the amounts and pur- retary in assessing the health status and which is situated in the same urban center poses for which Federal funds were expended; health care needs of urban Indians in the as the urban Indian organization whose con- and urban center involved and determining tract or grant is not renewed under this sec- ‘‘(4) a minimum set of data, using uni- whether the Secretary should enter into a tion. formly defined elements, that is specified by contract or make a grant under section 503 ‘‘(d) DETERMINATION OF RENEWAL.—In de- the Secretary, after consultations consistent with respect to the urban Indian organiza- termining whether to renew a contract or with section 514, with urban Indian organiza- tion which the Secretary has entered into a grant with an urban Indian organization tions. contract with, or made a grant to, under this under section 503 which has completed per- ‘‘(b) AUDITS.—The reports and records of section. formance of a contract or grant under sec- the urban Indian organization with respect ‘‘(b) REQUIREMENTS.—Any contract entered tion 504, the Secretary shall review the to a contract or grant under this title shall into, or grant made, by the Secretary under records of the urban Indian organization, the be subject to audit by the Secretary and the this section shall include requirements reports submitted under section 507, and, in Comptroller General of the United States. that— the case of a renewal of a contract or grant ‘‘(c) COST OF AUDIT.—The Secretary shall ‘‘(1) the urban Indian organization success- under section 503, shall consider the results allow as a cost of any contract or grant en- fully undertake to— of the onsite evaluations or accreditation tered into or awarded under section 502 or 503 ‘‘(A) document the health care status and under subsection (b). the cost of an annual independent financial audit conducted by— unmet health care needs of urban Indians in ‘‘SEC. 506. OTHER CONTRACT AND GRANT RE- the urban center involved; and QUIREMENTS. ‘‘(1) a certified public accountant; or ‘‘(2) a certified public accounting firm ‘‘(B) with respect to urban Indians in the ‘‘(a) APPLICATION OF FEDERAL LAW.—Con- urban center involved, determine the mat- tracts with urban Indian organizations en- qualified to conduct Federal compliance au- ters described in paragraphs (2), (3), (4), and tered into pursuant to this title shall be in dits. (7) of section 503(b); and accordance with all Federal contracting laws ‘‘SEC. 508. LIMITATION ON CONTRACT AUTHOR- ‘‘(2) the urban Indian organization com- and regulations relating to procurement ex- ITY. ‘‘The authority of the Secretary to enter plete performance of the contract, or carry cept that, in the discretion of the Secretary, into contracts or to award grants under this out the requirements of the grant, within 1 such contracts may be negotiated without title shall be to the extent, and in an year after the date on which the Secretary advertising and need not conform to the pro- amount, provided for in appropriation Acts. and such organization enter into such con- visions of the Act of August 24, 1935 (40 tract, or within 1 year after such organiza- U.S.C. 270a, et seq.). ‘‘SEC. 509. FACILITIES. ‘‘(a) GRANTS.—The Secretary may make tion receives such grant, whichever is appli- ‘‘(b) PAYMENTS.—Payments under any con- cable. tracts or grants pursuant to this title shall, grants to contractors or grant recipients under this title for the lease, purchase, ren- ‘‘(c) LIMITATION ON RENEWAL.—The Sec- notwithstanding any term or condition of ovation, construction, or expansion of facili- retary may not renew any contract entered such contract or grant— ties, including leased facilities, in order to into, or grant made, under this section. ‘‘(1) be made in their entirety by the Sec- assist such contractors or grant recipients in retary to the urban Indian organization by ‘‘SEC. 505. EVALUATIONS; RENEWALS. complying with applicable licensure or cer- not later than the end of the first 30 days of ‘‘(a) PROCEDURES.—The Secretary, acting tification requirements. the funding period with respect to which the through the Service, shall develop proce- ‘‘(b) LOANS OR LOAN GUARANTEES.—The dures to evaluate compliance with grant re- payments apply, unless the Secretary deter- Secretary, acting through the Service or quirements under this title and compliance mines through an evaluation under section through the Health Resources and Services with, and performance of contracts entered 505 that the organization is not capable of Administration, may provide loans to con- into by urban Indian organizations under administering such payments in their en- tractors or grant recipients under this title this title. Such procedures shall include pro- tirety; and from the Urban Indian Health Care Facilities visions for carrying out the requirements of ‘‘(2) if unexpended by the urban Indian or- Revolving Loan Fund (referred to in this sec- this section. ganization during the funding period with re- tion as the ‘URLF’) described in subsection ‘‘(b) COMPLIANCE WITH TERMS.—The Sec- spect to which the payments initially apply, (c), or guarantees for loans, for the construc- retary, acting through the Service, shall be carried forward for expenditure with re- tion, renovation, expansion, or purchase of evaluate the compliance of each urban In- spect to allowable or reimbursable costs in- health care facilities, subject to the fol- dian organization which has entered into a curred by the organization during 1 or more lowing requirements: contract or received a grant under section subsequent funding periods without addi- ‘‘(1) The principal amount of a loan or loan 503 with the terms of such contract or grant. tional justification or documentation by the guarantee may cover 100 percent of the costs For purposes of an evaluation under this sub- organization as a condition of carrying for- (other than staffing) relating to the facility, section, the Secretary, in determining the ward the expenditure of such funds. including planning, design, financing, site capacity of an urban Indian organization to ‘‘(c) REVISING OR AMENDING CONTRACT.— land development, construction, rehabilita- deliver quality patient care shall, at the op- Notwithstanding any provision of law to the tion, renovation, conversion, medical equip- tion of the organization— contrary, the Secretary may, at the request ment, furnishings, and capital purchase. ‘‘(1) conduct, through the Service, an an- or consent of an urban Indian organization, ‘‘(2) The total amount of the principal of nual onsite evaluation of the organization; revise or amend any contract entered into by loans and loan guarantees, respectively, out- or the Secretary with such organization under standing at any one time shall not exceed ‘‘(2) accept, in lieu of an onsite evaluation, this title as necessary to carry out the pur- such limitations as may be specified in ap- evidence of the organization’s provisional or poses of this title. propriations Acts. full accreditation by a private independent ‘‘(d) FAIR AND UNIFORM PROVISION OF SERV- ‘‘(3) The loan or loan guarantee may have entity recognized by the Secretary for pur- ICES.—Contracts with, or grants to, urban In- a term of the shorter of the estimated useful poses of conducting quality reviews of pro- dian organizations and regulations adopted life of the facility, or 25 years. viders participating in the medicare program pursuant to this title shall include provi- ‘‘(4) An urban Indian organization may as- under Title XVIII of the Social Security Act. sions to assure the fair and uniform provi- sign, and the Secretary may accept assign- ‘‘(c) NONCOMPLIANCE.— sion to urban Indians of services and assist- ment of, the revenue of the organization as ‘‘(1) IN GENERAL.—If, as a result of the eval- ance under such contracts or grants by such security for a loan or loan guarantee under uations conducted under this section, the organizations. this subsection. Secretary determines that an urban Indian ‘‘(e) ELIGIBILITY OF URBAN INDIANS.—Urban ‘‘(5) The Secretary shall not collect appli- organization has not complied with the re- Indians, as defined in section 4(f), shall be el- cation, processing, or similar fees from quirements of a grant or complied with or igible for health care or referral services pro- urban Indian organizations applying for satisfactorily performed a contract under vided pursuant to this title. loans or loan guarantees under this sub- section 503, the Secretary shall, prior to re- ‘‘SEC. 507. REPORTS AND RECORDS. section. newing such contract or grant, attempt to ‘‘(a) REPORT.—For each fiscal year during ‘‘(c) URBAN INDIAN HEALTH CARE FACILITIES resolve with such organization the areas of which an urban Indian organization receives REVOLVING LOAN FUND.— noncompliance or unsatisfactory perform- or expends funds pursuant to a contract en- ‘‘(1) ESTABLISHMENT.—There is established ance and modify such contract or grant to tered into, or a grant received, pursuant to in the Treasury of the United States a fund prevent future occurrences of such non- this title, such organization shall submit to to be known as the Urban Indian Health Care compliance or unsatisfactory performance. the Secretary, on a basis no more frequent Facilities Revolving Loan Fund. The URLF ‘‘(2) NONRENEWAL.—If the Secretary deter- than every 6 months, a report including— shall consist of— mines, under an evaluation under this sec- ‘‘(1) in the case of a contract or grant ‘‘(A) such amounts as may be appropriated tion, that noncompliance or unsatisfactory under section 503, information gathered pur- to the URLF;

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.099 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3305 ‘‘(B) amounts received from urban Indian the Tulsa and Oklahoma City Clinic dem- tober 1, 1999, for personal injury (including organizations in repayment of loans made to onstration projects shall become permanent death) resulting from the operation of an such organizations under paragraph (2); and programs within the Service’s direct care emergency motor vehicle, an urban Indian ‘‘(C) interest earned on amounts in the program and continue to be treated as serv- organization that has entered into a con- URLF under paragraph (3). ice units in the allocation of resources and tract or received a grant pursuant to this ‘‘(2) USE OF URLF.—Amounts in the URLF coordination of care, and shall continue to title is deemed to be part of the Public may be expended by the Secretary, acting meet the requirements and definitions of an Health Service while carrying out any such through the Service or the Health Resources urban Indian organization in this title, and contract or grant and its employees (includ- and Services Administration, to make loans as such will not be subject to the provisions ing those acting on behalf of the organiza- available to urban Indian organizations re- of the Indian Self-Determination and Edu- tion as provided for in section 2671 of title 28, ceiving grants or contracts under this title cation Assistance Act. United States Code, and including an indi- for the purposes, and subject to the require- ‘‘(b) REPORT.—The Secretary shall submit vidual who provides health care services pur- ments, described in subsection (b). Amounts to the President, for inclusion in the report suant to a personal services contract with an appropriated to the URLF, amounts received required to be submitted to the Congress urban Indian organization for the provision from urban Indian organizations in repay- under section 801 for fiscal year 1999, a report of services in any facility owned, operated, ment of loans, and interest on amounts in on the findings and conclusions derived from or constructed under the jurisdiction of the the URLF shall remain available until ex- the demonstration projects specified in sub- Indian Health Service) are deemed employ- pended. section (a). ees of the Service while acting within the ‘‘(3) INVESTMENTS.—The Secretary of the ‘‘SEC. 513. URBAN NIAAA TRANSFERRED PRO- scope of their employment in carrying out Treasury shall invest such amounts of the GRAMS. the contract or grant, except that such em- URLF as such Secretary determines are not ‘‘(a) GRANTS AND CONTRACTS.—The Sec- ployees shall be deemed to be acting within required to meet current withdrawals from retary, acting through the Office of Urban the scope of their employment in carrying the URLF. Such investments may be made Indian Health of the Service, shall make out the contract or grant when they are re- only in interest-bearing obligations of the grants or enter into contracts, effective not quired, by reason of their employment, to United States. For such purpose, such obli- later than September 30, 2004, with urban In- perform medical, surgical, dental or related gations may be acquired on original issue at dian organizations for the administration of functions at a facility other than a facility the issue price, or by purchase of out- urban Indian alcohol programs that were operated by the urban Indian organization standing obligations at the market price. originally established under the National In- pursuant to such contract or grant, but only Any obligation acquired by the URLF may stitute on Alcoholism and Alcohol Abuse (re- if such employees are not compensated for be sold by the Secretary of the Treasury at ferred to in this section to as ‘NIAAA’) and the performance of such functions by a per- the market price. transferred to the Service. son or entity other than the urban Indian or- ‘‘SEC. 510. OFFICE OF URBAN INDIAN HEALTH. ‘‘(b) USE OF FUNDS.—Grants provided or ganization. ‘‘There is hereby established within the contracts entered into under this section ‘‘SEC. 516. URBAN YOUTH TREATMENT CENTER Service an Office of Urban Indian Health shall be used to provide support for the con- DEMONSTRATION. which shall be responsible for— tinuation of alcohol prevention and treat- ‘‘(a) CONSTRUCTION AND OPERATION.—The ‘‘(1) carrying out the provisions of this ment services for urban Indian populations Secretary, acting through the Service, shall, title; and such other objectives as are agreed upon through grants or contracts, make payment ‘‘(2) providing central oversight of the pro- between the Service and a recipient of a for the construction and operation of at least grams and services authorized under this grant or contract under this section. 2 residential treatment centers in each State described in subsection (b) to demonstrate title; and ‘‘(c) ELIGIBILITY.—Urban Indian organiza- the provision of alcohol and substance abuse ‘‘(3) providing technical assistance to tions that operate Indian alcohol programs treatment services to urban Indian youth in urban Indian organizations. originally funded under NIAAA and subse- a culturally competent residential setting. ‘‘SEC. 511. GRANTS FOR ALCOHOL AND SUB- quently transferred to the Service are eligi- ‘‘(b) STATES.—A State described in this STANCE ABUSE RELATED SERVICES. ble for grants or contracts under this sec- subsection is a State in which— ‘‘(a) GRANTS.—The Secretary may make tion. ‘‘(1) there reside urban Indian youth with a grants for the provision of health-related ‘‘(d) EVALUATION AND REPORT.—The Sec- need for alcohol and substance abuse treat- services in prevention of, treatment of, reha- retary shall evaluate and report to the Con- ment services in a residential setting; and bilitation of, or school and community-based gress on the activities of programs funded ‘‘(2) there is a significant shortage of cul- education in, alcohol and substance abuse in under this section at least every 5 years. turally competent residential treatment urban centers to those urban Indian organi- ‘‘SEC. 514. CONSULTATION WITH URBAN INDIAN services for urban Indian youth. zations with whom the Secretary has entered ORGANIZATIONS. into a contract under this title or under sec- ‘‘SEC. 517. USE OF FEDERAL GOVERNMENT FA- ‘‘(a) IN GENERAL.—The Secretary shall en- CILITIES AND SOURCES OF SUPPLY. tion 201. sure that the Service, the Health Care Fi- ‘‘(a) IN GENERAL.—The Secretary shall per- ‘‘(b) GOALS OF GRANT.—Each grant made nancing Administration, and other operating mit an urban Indian organization that has pursuant to subsection (a) shall set forth the divisions and staff divisions of the Depart- goals to be accomplished pursuant to the entered into a contract or received a grant ment consult, to the maximum extent prac- pursuant to this title, in carrying out such grant. The goals shall be specific to each ticable, with urban Indian organizations (as contract or grant, to use existing facilities grant as agreed to between the Secretary defined in section 4) prior to taking any ac- and all equipment therein or pertaining and the grantee. tion, or approving Federal financial assist- thereto and other personal property owned ‘‘(c) CRITERIA.—The Secretary shall estab- lish criteria for the grants made under sub- ance for any action of a State, that may af- by the Federal Government within the Sec- section (a), including criteria relating to fect urban Indians or urban Indian organiza- retary’s jurisdiction under such terms and the— tions. conditions as may be agreed upon for their use and maintenance. ‘‘(1) size of the urban Indian population; ‘‘(b) REQUIREMENT.—In subsection (a), the term ‘consultation’ means the open and free ‘‘(b) DONATION OF PROPERTY.—Subject to ‘‘(2) capability of the organization to ade- subsection (d), the Secretary may donate to quately perform the activities required exchange of information and opinion among urban Indian organizations and the oper- an urban Indian organization that has en- under the grant; tered into a contract or received a grant pur- ‘‘(3) satisfactory performance standards for ating and staff divisions of the Department which leads to mutual understanding and suant to this title any personal or real prop- the organization in meeting the goals set erty determined to be excess to the needs of forth in such grant, which standards shall be comprehension and which emphasizes trust, respect, and shared responsibility. the Service or the General Services Adminis- negotiated and agreed to between the Sec- tration for purposes of carrying out the con- retary and the grantee on a grant-by-grant ‘‘SEC. 515. FEDERAL TORT CLAIMS ACT COV- ERAGE. tract or grant. basis; and ‘‘(c) ACQUISITION OF PROPERTY.—The Sec- ‘‘(4) identification of need for services. ‘‘For purposes of section 224 of the Public retary may acquire excess or surplus govern- The Secretary shall develop a methodology Health Service Act (42 U.S.C. 233), with re- ment personal or real property for donation, for allocating grants made pursuant to this spect to claims by any person, initially filed subject to subsection (d), to an urban Indian section based on such criteria. on or after October 1, 1999, whether or not organization that has entered into a con- ‘‘(d) TREATMENT OF FUNDS RECEIVED BY such person is an Indian or Alaska Native or tract or received a grant pursuant to this URBAN INDIAN ORGANIZATIONS.—Any funds re- is served on a fee basis or under other cir- title if the Secretary determines that the ceived by an urban Indian organization cumstances as permitted by Federal law or property is appropriate for use by the urban under this Act for substance abuse preven- regulations, for personal injury (including Indian organization for a purpose for which a tion, treatment, and rehabilitation shall be death) resulting from the performance prior contract or grant is authorized under this subject to the criteria set forth in subsection to, including, or after October 1, 1999, of med- title. (c). ical, surgical, dental, or related functions, ‘‘(d) PRIORITY.—In the event that the Sec- ‘‘SEC. 512. TREATMENT OF CERTAIN DEMONSTRA- including the conduct of clinical studies or retary receives a request for a specific item TION PROJECTS. investigations, or for purposes of section 2679 of personal or real property described in sub- ‘‘(a) TULSA AND OKLAHOMA CITY CLINICS.— of title 28, United States Code, with respect sections (b) or (c) from an urban Indian orga- Notwithstanding any other provision of law, to claims by any such person, on or after Oc- nization and from an Indian tribe or tribal

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.099 S06PT1 S3306 CONGRESSIONAL RECORD — SENATE March 6, 2003 organization, the Secretary shall give pri- the Secretary in the Federal Register not ‘‘(4) all scholarship and loan functions car- ority to the request for donation to the In- later than 270 days after the date of enact- ried out under title I. dian tribe or tribal organization if the Sec- ment of this Act and shall have a comment ‘‘(d) AUTHORITY.— retary receives the request from the Indian period of not less than 120 days. ‘‘(1) IN GENERAL.—The Secretary, acting tribe or tribal organization before the date ‘‘(3) EXPIRATION OF AUTHORITY.—The au- through the Assistant Secretary, shall have on which the Secretary transfers title to the thority to promulgate regulations under this the authority— property or, if earlier, the date on which the title shall expire on the date that is 18 ‘‘(A) except to the extent provided for in Secretary transfers the property physically, months after the date of enactment of this paragraph (2), to appoint and compensate to the urban Indian organization. Act. employees for the Service in accordance with ‘‘(e) RELATION TO FEDERAL SOURCES OF ‘‘(c) NEGOTIATED RULEMAKING COM- title 5, United States Code; SUPPLY.—For purposes of section 201(a) of MITTEE.—A negotiated rulemaking com- ‘‘(B) to enter into contracts for the pro- the Federal Property and Administrative mittee shall be established pursuant to sec- curement of goods and services to carry out Services Act of 1949 (40 U.S.C. 481(a)) (relat- tion 565 of title 5, United States Code, to the functions of the Service; and ing to Federal sources of supply, including carry out this section and shall, in addition ‘‘(C) to manage, expend, and obligate all lodging providers, airlines, and other trans- to Federal representatives, have as the ma- funds appropriated for the Service. portation providers), an urban Indian organi- jority of its members representatives of ‘‘(2) PERSONNEL ACTIONS.—Notwithstanding zation that has entered into a contract or re- urban Indian organizations from each service any other provision of law, the provisions of ceived a grant pursuant to this title shall be area. section 12 of the Act of June 18, 1934 (48 Stat. DAPTION OF PROCEDURES.—The Sec- deemed an executive agency when carrying ‘‘(d) A 986; 25 U.S.C. 472), shall apply to all per- retary shall adapt the negotiated rule- out such contract or grant, and the employ- sonnel actions taken with respect to new po- making procedures to the unique context of ees of the urban Indian organization shall be sitions created within the Service as a result this Act. eligible to have access to such sources of of its establishment under subsection (a). supply on the same basis as employees of an ‘‘SEC. 521. AUTHORIZATION OF APPROPRIATIONS. ‘‘There is authorized to be appropriated ‘‘SEC. 602. AUTOMATED MANAGEMENT INFORMA- executive agency have such access. TION SYSTEM. ‘‘SEC. 518. GRANTS FOR DIABETES PREVENTION, such sums as may be necessary for each fis- ‘‘(a) ESTABLISHMENT.— TREATMENT AND CONTROL. cal year through fiscal year 2015 to carry out ‘‘(1) IN GENERAL.—The Secretary, in con- ‘‘(a) AUTHORITY.—The Secretary may make this title. sultation with tribes, tribal organizations, grants to those urban Indian organizations ‘‘TITLE VI—ORGANIZATIONAL and urban Indian organizations, shall estab- that have entered into a contract or have re- IMPROVEMENTS ceived a grant under this title for the provi- lish an automated management information ‘‘SEC. 601. ESTABLISHMENT OF THE INDIAN system for the Service. sion of services for the prevention, treat- HEALTH SERVICE AS AN AGENCY OF ‘‘(2) REQUIREMENTS OF SYSTEM.—The infor- ment, and control of the complications re- THE PUBLIC HEALTH SERVICE. mation system established under paragraph sulting from, diabetes among urban Indians. ‘‘(a) ESTABLISHMENT.— ‘‘(b) GOALS.—Each grant made pursuant to ‘‘(1) IN GENERAL.—In order to more effec- (1) shall include— subsection (a) shall set forth the goals to be tively and efficiently carry out the respon- ‘‘(A) a financial management system; accomplished under the grant. The goals sibilities, authorities, and functions of the ‘‘(B) a patient care information system; shall be specific to each grant as agreed upon United States to provide health care services ‘‘(C) a privacy component that protects the between the Secretary and the grantee. to Indians and Indian tribes, as are or may privacy of patient information; ‘‘(c) CRITERIA.—The Secretary shall estab- be hereafter provided by Federal statute or ‘‘(D) a services-based cost accounting com- lish criteria for the awarding of grants made treaties, there is established within the Pub- ponent that provides estimates of the costs under subsection (a) relating to— lic Health Service of the Department the In- associated with the provision of specific ‘‘(1) the size and location of the urban In- dian Health Service. medical treatments or services in each area dian population to be served; ‘‘(2) ASSISTANT SECRETARY OF INDIAN office of the Service; ‘‘(2) the need for the prevention of, treat- HEALTH.—The Service shall be administered ‘‘(E) an interface mechanism for patient ment of, and control of the complications re- by an Assistance Secretary of Indian Health, billing and accounts receivable system; and sulting from diabetes among the urban In- who shall be appointed by the President, by ‘‘(F) a training component. dian population to be served; and with the advice and consent of the Sen- ‘‘(b) PROVISION OF SYSTEMS TO TRIBES AND ‘‘(3) performance standards for the urban ate. The Assistant Secretary shall report to ORGANIZATIONS.—The Secretary shall provide Indian organization in meeting the goals set the Secretary. Effective with respect to an each Indian tribe and tribal organization forth in such grant that are negotiated and individual appointed by the President, by that provides health services under a con- agreed to by the Secretary and the grantee; and with the advice and consent of the Sen- tract entered into with the Service under the ‘‘(4) the capability of the urban Indian or- ate, after January 1, 1993, the term of service Indian Self-Determination Act automated ganization to adequately perform the activi- of the Assistant Secretary shall be 4 years. management information systems which— ties required under the grant; and An Assistant Secretary may serve more than ‘‘(1) meet the management information ‘‘(5) the willingness of the urban Indian or- 1 term. needs of such Indian tribe or tribal organiza- ganization to collaborate with the registry, ‘‘(b) AGENCY.—The Service shall be an tion with respect to the treatment by the In- if any, established by the Secretary under agency within the Public Health Service of dian tribe or tribal organization of patients section 204(e) in the area office of the Service the Department, and shall not be an office, of the Service; and in which the organization is located. component, or unit of any other agency of ‘‘(2) meet the management information ‘‘(d) APPLICATION OF CRITERIA.—Any funds the Department. needs of the Service. received by an urban Indian organization ‘‘(c) FUNCTIONS AND DUTIES.—The Sec- ‘‘(c) ACCESS TO RECORDS.—Notwithstanding under this Act for the prevention, treatment, retary shall carry out through the Assistant any other provision of law, each patient and control of diabetes among urban Indians Secretary of the Service— shall have reasonable access to the medical shall be subject to the criteria developed by ‘‘(1) all functions which were, on the day or health records of such patient which are the Secretary under subsection (c). before the date of enactment of the Indian held by, or on behalf of, the Service. ‘‘SEC. 519. COMMUNITY HEALTH REPRESENTA- Health Care Amendments of 1988, carried out ‘‘(d) AUTHORITY TO ENHANCE INFORMATION TIVES. by or under the direction of the individual TECHNOLOGY.—The Secretary, acting through ‘‘The Secretary, acting through the Serv- serving as Director of the Service on such the Assistant Secretary, shall have the au- ice, may enter into contracts with, and make day; thority to enter into contracts, agreements grants to, urban Indian organizations for the ‘‘(2) all functions of the Secretary relating or joint ventures with other Federal agen- use of Indians trained as health service pro- to the maintenance and operation of hospital cies, States, private and nonprofit organiza- viders through the Community Health Rep- and health facilities for Indians and the tions, for the purpose of enhancing informa- resentatives Program under section 107(b) in planning for, and provision and utilization tion technology in Indian health programs the provision of health care, health pro- of, health services for Indians; and facilities. motion, and disease prevention services to ‘‘(3) all health programs under which ‘‘SEC. 603. AUTHORIZATION OF APPROPRIATIONS. urban Indians. health care is provided to Indians based upon ‘‘There is authorized to be appropriated ‘‘SEC. 520. REGULATIONS. their status as Indians which are adminis- such sums as may be necessary for each fis- ‘‘(a) EFFECT OF TITLE.—This title shall be tered by the Secretary, including programs cal year through fiscal year 2015 to carry out effective on the date of enactment of this under— this title. Act regardless of whether the Secretary has ‘‘(A) this Act; promulgated regulations implementing this ‘‘(B) the Act of November 2, 1921 (25 U.S.C. ‘‘TITLE VII—BEHAVIORAL HEALTH title. 13); PROGRAMS ‘‘(b) PROMULGATION.— ‘‘(C) the Act of August 5, 1954 (42 U.S.C. ‘‘SEC. 701. BEHAVIORAL HEALTH PREVENTION ‘‘(1) IN GENERAL.—The Secretary may pro- 2001, et seq.); AND TREATMENT SERVICES. mulgate regulations to implement the provi- ‘‘(D) the Act of August 16, 1957 (42 U.S.C. ‘‘(a) PURPOSES.—It is the purpose of this sions of this title. 2005 et seq.); and section to— ‘‘(2) PUBLICATION.—Proposed regulations to ‘‘(E) the Indian Self-Determination Act (25 ‘‘(1) authorize and direct the Secretary, implement this title shall be published by U.S.C. 450f, et seq.); and acting through the Service, Indian tribes,

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tribal organizations, and urban Indian orga- ‘‘(c) CONTINUUM OF CARE.—The Secretary, ‘‘(iii) healthy choices and life style (related nizations to develop a comprehensive behav- acting through the Service, Indian tribes and to parenting, partners, domestic violence ioral health prevention and treatment pro- tribal organizations, shall provide, to the ex- and other abuse issues); gram which emphasizes collaboration among tent feasible and to the extent that funding ‘‘(D) for persons age 56 years and older, alcohol and substance abuse, social services, is available, for the implementation of pro- elder behavioral health services including— and mental health programs; grams including— ‘‘(i) early intervention, treatment and ‘‘(2) provide information, direction and ‘‘(1) a comprehensive continuum of behav- aftercare services that include— guidance relating to mental illness and dys- ioral health care that provides for— ‘‘(I) mental health and substance abuse function and self-destructive behavior, in- ‘‘(A) community based prevention, inter- services (emotional, alcohol, drug, inhalant cluding child abuse and family violence, to vention, outpatient and behavioral health and tobacco); those Federal, tribal, State and local agen- aftercare; ‘‘(II) services for co-occurring disorders cies responsible for programs in Indian com- ‘‘(B) detoxification (social and medical); (dual diagnosis) and co-morbidity; and munities in areas of health care, education, ‘‘(C) acute hospitalization; ‘‘(III) healthy choices and life style serv- social services, child and family welfare, al- ‘‘(D) intensive outpatient or day treat- ices (managing conditions related to aging); cohol and substance abuse, law enforcement ment; ‘‘(ii) elder women specific services that in- and judicial services; ‘‘(E) residential treatment; clude— ‘‘(3) assist Indian tribes to identify services ‘‘(F) transitional living for those needing a ‘‘(I) treatment for substance abuse requir- and resources available to address mental temporary stable living environment that is ing gender specific services and illness and dysfunctional and self-destruc- supportive of treatment or recovery goals; ‘‘(II) treatment for sexual assault, domes- tive behavior; ‘‘(G) emergency shelter; tic violence and neglect; ‘‘(4) provide authority and opportunities ‘‘(H) intensive case management; ‘‘(iii) elder men specific services that in- for Indian tribes to develop and implement, ‘‘(I) traditional health care practices; and clude— and coordinate with, community-based pro- ‘‘(J) diagnostic services, including the uti- ‘‘(I) treatment for substance abuse requir- grams which include identification, preven- lization of neurological assessment tech- ing gender specific services; and tion, education, referral, and treatment serv- nology; and ‘‘(II) treatment for sexual assault, domes- ices, including through multi-disciplinary ‘‘(2) behavioral health services for par- tic violence and neglect; and resource teams; ticular populations, including— ‘‘(iv) services for dementia regardless of ‘‘(5) ensure that Indians, as citizens of the ‘‘(A) for persons from birth through age 17, cause. United States and of the States in which child behavioral health services, that in- ‘‘(d) COMMUNITY BEHAVIORAL HEALTH they reside, have the same access to behav- clude— PLAN.— ioral health services to which all citizens ‘‘(i) pre-school and school age fetal alcohol ‘‘(1) IN GENERAL.—The governing body of have access; and disorder services, including assessment and any Indian tribe or tribal organization or ‘‘(6) modify or supplement existing pro- behavioral intervention); urban Indian organization may, at its discre- grams and authorities in the areas identified ‘‘(ii) mental health or substance abuse tion, adopt a resolution for the establish- in paragraph (2). services (emotional, organic, alcohol, drug, ment of a community behavioral health plan ‘‘(b) BEHAVIORAL HEALTH PLANNING.— inhalant and tobacco); providing for the identification and coordi- ‘‘(1) AREA-WIDE PLANS.—The Secretary, ‘‘(iii) services for co-occurring disorders acting through the Service, Indian tribes, (multiple diagnosis); nation of available resources and programs tribal organizations, and urban Indian orga- ‘‘(iv) prevention services that are focused to identify, prevent, or treat alcohol and nizations, shall encourage Indian tribes and on individuals ages 5 years through 10 years other substance abuse, mental illness or dys- tribal organizations to develop tribal plans, (alcohol, drug, inhalant and tobacco); functional and self-destructive behavior, in- encourage urban Indian organizations to de- ‘‘(v) early intervention, treatment and cluding child abuse and family violence, velop local plans, and encourage all such aftercare services that are focused on indi- among its members or its service population. groups to participate in developing area-wide viduals ages 11 years through 17 years; Such plan should include behavioral health plans for Indian Behavioral Health Services. ‘‘(vi) healthy choices or life style services services, social services, intensive outpatient The plans shall, to the extent feasible, in- (related to STD’s, domestic violence, sexual services, and continuing after care. clude— abuse, suicide, teen pregnancy, obesity, and ‘‘(2) TECHNICAL ASSISTANCE.—In further- ‘‘(A) an assessment of the scope of the other risk or safety issues); ance of a plan established pursuant to para- problem of alcohol or other substance abuse, ‘‘(vii) co-morbidity services; graph (1) and at the request of a tribe, the mental illness, dysfunctional and self-de- ‘‘(B) for persons ages 18 years through 55 appropriate agency, service unit, or other of- structive behavior, including suicide, child years, adult behavioral health services that ficials of the Bureau of Indian Affairs and abuse and family violence, among Indians, include— the Service shall cooperate with, and provide including— ‘‘(i) early intervention, treatment and technical assistance to, the Indian tribe or ‘‘(i) the number of Indians served who are aftercare services; tribal organization in the development of a directly or indirectly affected by such illness ‘‘(ii) mental health and substance abuse plan under paragraph (1). Upon the establish- or behavior; and services (emotional, alcohol, drug, inhalant ment of such a plan and at the request of the ‘‘(ii) an estimate of the financial and and tobacco); Indian tribe or tribal organization, such offi- human cost attributable to such illness or ‘‘(iii) services for co-occurring disorders cials shall cooperate with the Indian tribe or behavior; (dual diagnosis) and co-morbidity; tribal organization in the implementation of ‘‘(B) an assessment of the existing and ad- ‘‘(iv) healthy choices and life style services such plan. ditional resources necessary for the preven- (related to parenting, partners, domestic vio- ‘‘(3) FUNDING.—The Secretary, acting tion and treatment of such illness and behav- lence, sexual abuse, suicide, obesity, and through the Service, may make funding ior, including an assessment of the progress other risk related behavior); available to Indian tribes and tribal organi- toward achieving the availability of the full ‘‘(v) female specific treatment services zations adopting a resolution pursuant to continuum of care described in subsection for— paragraph (1) to obtain technical assistance (c); and ‘‘(I) women at risk of giving birth to a for the development of a community behav- ‘‘(C) an estimate of the additional funding child with a fetal alcohol disorder; ioral health plan and to provide administra- needed by the Service, Indian tribes, tribal ‘‘(II) substance abuse requiring gender spe- tive support in the implementation of such organizations and urban Indian organiza- cific services; plan. tions to meet their responsibilities under the ‘‘(III) sexual assault and domestic violence; ‘‘(e) COORDINATED PLANNING.—The Sec- plans. and retary, acting through the Service, Indian ‘‘(2) NATIONAL CLEARINGHOUSE.—The Sec- ‘‘(IV) healthy choices and life style (par- tribes, tribal organizations, and urban Indian retary shall establish a national clearing- enting, partners, obesity, suicide and other organizations shall coordinate behavioral house of plans and reports on the outcomes related behavioral risk); and health planning, to the extent feasible, with of such plans developed under this section by ‘‘(vi) male specific treatment services for— other Federal and State agencies, to ensure Indian tribes, tribal organizations and by ‘‘(I) substance abuse requiring gender spe- that comprehensive behavioral health serv- areas relating to behavioral health. The Sec- cific services; ices are available to Indians without regard retary shall ensure access to such plans and ‘‘(II) sexual assault and domestic violence; to their place of residence. outcomes by any Indian tribe, tribal organi- and ‘‘(f) FACILITIES ASSESSMENT.—Not later zation, urban Indian organization or the ‘‘(III) healthy choices and life style (par- than 1 year after the date of enactment of Service. enting, partners, obesity, suicide and other this Act, the Secretary, acting through the ‘‘(3) TECHNICAL ASSISTANCE.—The Secretary risk related behavior); Service, shall make an assessment of the shall provide technical assistance to Indian ‘‘(C) family behavioral health services, in- need for inpatient mental health care among tribes, tribal organizations, and urban Indian cluding— Indians and the availability and cost of inpa- organizations in preparation of plans under ‘‘(i) early intervention, treatment and tient mental health facilities which can this section and in developing standards of aftercare for affected families; meet such need. In making such assessment, care that may be utilized and adopted lo- ‘‘(ii) treatment for sexual assault and do- the Secretary shall consider the possible cally. mestic violence; and conversion of existing, under-utilized service

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.100 S06PT1 S3308 CONGRESSIONAL RECORD — SENATE March 6, 2003 hospital beds into psychiatric units to meet fected by alcohol and substance abuse and viders and accreditation of service facilities such need. the financial and human cost; which meet minimum standards for such ‘‘SEC. 702. MEMORANDUM OF AGREEMENT WITH ‘‘(2) an assessment of the existing and services and facilities. THE DEPARTMENT OF THE INTE- needed resources necessary for the preven- ‘‘SEC. 704. MENTAL HEALTH TECHNICIAN PRO- RIOR. tion of alcohol and substance abuse and the GRAM. ‘‘(a) IN GENERAL.—Not later than 1 year treatment of Indians affected by alcohol and ‘‘(a) IN GENERAL.—Under the authority of after the date of enactment of this Act, the substance abuse; and the Act of November 2, 1921 (25 U.S.C. 13) Secretary and the Secretary of the Interior ‘‘(3) an estimate of the funding necessary (commonly known as the Snyder Act), the shall develop and enter into a memorandum to adequately support a program of preven- Secretary shall establish and maintain a of agreement, or review and update any ex- tion of alcohol and substance abuse and Mental Health Technician program within isting memoranda of agreement as required treatment of Indians affected by alcohol and the Service which— under section 4205 of the Indian Alcohol and substance abuse. ‘‘(1) provides for the training of Indians as Substance Abuse Prevention and Treatment ‘‘(c) CONSULTATION.—The Secretary and the mental health technicians; and Act of 1986 (25 U.S.C. 2411), and under which Secretary of the Interior shall, in developing ‘‘(2) employs such technicians in the provi- the Secretaries address— the memorandum of agreement under sub- sion of community-based mental health care ‘‘(1) the scope and nature of mental illness section (a), consult with and solicit the com- that includes identification, prevention, edu- and dysfunctional and self-destructive be- ments of— cation, referral, and treatment services. havior, including child abuse and family vio- ‘‘(1) Indian tribes and tribal organizations; ‘‘(b) TRAINING.—In carrying out subsection lence, among Indians; ‘‘(2) Indian individuals; (a)(1), the Secretary shall provide high ‘‘(2) the existing Federal, tribal, State, ‘‘(3) urban Indian organizations and other standard paraprofessional training in mental local, and private services, resources, and Indian organizations; health care necessary to provide quality care programs available to provide mental health ‘‘(4) behavioral health service providers. to the Indian communities to be served. services for Indians; ‘‘(d) PUBLICATION.—The memorandum of Such training shall be based upon a cur- ‘‘(3) the unmet need for additional services, agreement under subsection (a) shall be pub- riculum developed or approved by the Sec- resources, and programs necessary to meet lished in the Federal Register. At the same retary which combines education in the the- the needs identified pursuant to paragraph time as the publication of such agreement in ory of mental health care with supervised (1); the Federal Register, the Secretary shall practical experience in the provision of such ‘‘(4)(A) the right of Indians, as citizens of provide a copy of such memorandum to each care. the United States and of the States in which Indian tribe, tribal organization, and urban ‘‘(c) SUPERVISION AND EVALUATION.—The they reside, to have access to mental health Indian organization. Secretary shall supervise and evaluate the services to which all citizens have access; ‘‘SEC. 703. COMPREHENSIVE BEHAVIORAL mental health technicians in the training ‘‘(B) the right of Indians to participate in, HEALTH PREVENTION AND TREAT- program under this section. and receive the benefit of, such services; and MENT PROGRAM. ‘‘(d) TRADITIONAL CARE.—The Secretary ‘‘(C) the actions necessary to protect the ‘‘(a) ESTABLISHMENT.— shall ensure that the program established exercise of such right; ‘‘(1) IN GENERAL.—The Secretary, acting pursuant to this section involves the utiliza- ‘‘(5) the responsibilities of the Bureau of through the Service, Indian tribes and tribal tion and promotion of the traditional Indian Indian Affairs and the Service, including organizations consistent with section 701, health care and treatment practices of the mental health identification, prevention, shall provide a program of comprehensive be- Indian tribes to be served. education, referral, and treatment services havioral health prevention and treatment ‘‘SEC. 705. LICENSING REQUIREMENT FOR MEN- (including services through multidisci- and aftercare, including systems of care and TAL HEALTH CARE WORKERS. plinary resource teams), at the central, area, traditional health care practices, which shall ‘‘Subject to section 220, any person em- and agency and service unit levels to address include— ployed as a psychologist, social worker, or the problems identified in paragraph (1); ‘‘(A) prevention, through educational marriage and family therapist for the pur- ‘‘(6) a strategy for the comprehensive co- intervention, in Indian communities; pose of providing mental health care services ordination of the mental health services pro- ‘‘(B) acute detoxification or psychiatric to Indians in a clinical setting under the au- vided by the Bureau of Indian Affairs and the hospitalization and treatment (residential thority of this Act or through a funding Service to meet the needs identified pursu- and intensive outpatient); agreement pursuant to the Indian Self-De- ant to paragraph (1), including— ‘‘(C) community-based rehabilitation and termination and Education Assistance Act ‘‘(A) the coordination of alcohol and sub- aftercare; shall— stance abuse programs of the Service, the ‘‘(D) community education and involve- ‘‘(1) in the case of a person employed as a Bureau of Indian Affairs, and the various In- ment, including extensive training of health psychologist to provide health care services, dian tribes (developed under the Indian Alco- care, educational, and community-based per- be licensed as a clinical or counseling psy- hol and Substance Abuse Prevention and sonnel; chologist, or working under the direct super- Treatment Act of 1986) with the mental ‘‘(E) specialized residential treatment pro- vision of a clinical or counseling psycholo- health initiatives pursuant to this Act, par- grams for high risk populations including gist; ticularly with respect to the referral and pregnant and post partum women and their ‘‘(2) in the case of a person employed as a treatment of dually-diagnosed individuals children; social worker, be licensed as a social worker requiring mental health and substance abuse ‘‘(F) diagnostic services utilizing, when ap- or working under the direct supervision of a treatment; and propriate, neuropsychiatric assessments licensed social worker; or ‘‘(B) ensuring that Bureau of Indian Affairs which include the use of the most advances ‘‘(3) in the case of a person employed as a and Service programs and services (including technology available; and marriage and family therapist, be licensed as multidisciplinary resource teams) addressing ‘‘(G) a telepsychiatry program that uses a marriage and family therapist or working child abuse and family violence are coordi- experts in the field of pediatric psychiatry, under the direct supervision of a licensed nated with such non-Federal programs and and that incorporates assessment, diagnosis marriage and family therapist. services; and treatment for children, including those ‘‘SEC. 706. INDIAN WOMEN TREATMENT PRO- ‘‘(7) direct appropriate officials of the Bu- children with concurrent neurological dis- GRAMS. reau of Indian Affairs and the Service, par- orders. ‘‘(a) FUNDING.—The Secretary, consistent ticularly at the agency and service unit lev- ‘‘(2) TARGET POPULATIONS.—The target pop- with section 701, shall make funding avail- els, to cooperate fully with tribal requests ulation of the program under paragraph (1) able to Indian tribes, tribal organizations made pursuant to community behavioral shall be members of Indian tribes. Efforts to and urban Indian organization to develop health plans adopted under section 701(c) and train and educate key members of the Indian and implement a comprehensive behavioral section 4206 of the Indian Alcohol and Sub- community shall target employees of health, health program of prevention, intervention, stance Abuse Prevention and Treatment Act education, judicial, law enforcement, legal, treatment, and relapse prevention services of 1986 (25 U.S.C. 2412); and and social service programs. that specifically addresses the spiritual, cul- ‘‘(8) provide for an annual review of such ‘‘(b) CONTRACT HEALTH SERVICES.— tural, historical, social, and child care needs agreement by the 2 Secretaries and a report ‘‘(1) IN GENERAL.—The Secretary, acting of Indian women, regardless of age. which shall be submitted to Congress and through the Service (with the consent of the ‘‘(b) USE OF FUNDS.—Funding provided pur- made available to the Indian tribes. Indian tribe to be served), Indian tribes and suant to this section may be used to— ‘‘(b) SPECIFIC PROVISIONS.—The memo- tribal organizations, may enter into con- ‘‘(1) develop and provide community train- randum of agreement updated or entered tracts with public or private providers of be- ing, education, and prevention programs for into pursuant to subsection (a) shall include havioral health treatment services for the Indian women relating to behavioral health specific provisions pursuant to which the purpose of carrying out the program required issues, including fetal alcohol disorders; Service shall assume responsibility for— under subsection (a). ‘‘(2) identify and provide psychological ‘‘(1) the determination of the scope of the ‘‘(2) PROVISION OF ASSISTANCE.—In carrying services, counseling, advocacy, support, and problem of alcohol and substance abuse out this subsection, the Secretary shall pro- relapse prevention to Indian women and among Indian people, including the number vide assistance to Indian tribes and tribal or- their families; and of Indians within the jurisdiction of the ganizations to develop criteria for the cer- ‘‘(3) develop prevention and intervention Service who are directly or indirectly af- tification of behavioral health service pro- models for Indian women which incorporate

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traditional health care practices, cultural ners Regional Adolescent Treatment Center, ‘‘(2) ADMINISTRATION.—Services under para- values, and community and family involve- a residential youth treatment facility in graph (1) shall be administered within each ment. New Mexico. service unit or tribal program by trained ‘‘(c) CRITERIA.—The Secretary, in consulta- ‘‘(B) PROVISION OF SERVICES TO ELIGIBLE staff within the community who can assist tion with Indian tribes and tribal organiza- YOUTH.—Until additional residential youth the Indian youth in continuing development tions, shall establish criteria for the review treatment facilities are established in Alas- of self-image, positive problem-solving and approval of applications and proposals ka pursuant to this section, the facilities skills, and nonalcohol or substance abusing for funding under this section. specified in subparagraph (A) shall make behaviors. Such staff may include alcohol ‘‘(d) EARMARK OF CERTAIN FUNDS.—Twenty every effort to provide services to all eligible and substance abuse counselors, mental percent of the amounts appropriated to carry Indian youth residing in such State. health professionals, and other health profes- out this section shall be used to make grants ‘‘(c) INTERMEDIATE ADOLESCENT BEHAV- sionals and paraprofessionals, including to urban Indian organizations funded under IORAL HEALTH SERVICES.— community health representatives. title V. ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(f) INCLUSION OF FAMILY IN YOUTH TREAT- through the Service, Indian Tribes and tribal ‘‘SEC. 707. INDIAN YOUTH PROGRAM. MENT PROGRAM.—In providing the treatment organizations, may provide intermediate be- ‘‘(a) DETOXIFICATION AND REHABILITATION.— and other services to Indian youth author- havioral health services, which may incor- The Secretary shall, consistent with section ized by this section, the Secretary, an Indian porate traditional health care practices, to 701, develop and implement a program for tribe or tribal organization shall provide for Indian children and adolescents, including— the inclusion of family members of such acute detoxification and treatment for In- ‘‘(A) pre-treatment assistance; dian youth that includes behavioral health youth in the treatment programs or other ‘‘(B) inpatient, outpatient, and after-care services as may be appropriate. Not less than services. The program shall include regional services; treatment centers designed to include de- 10 percent of the funds appropriated for the ‘‘(C) emergency care; purposes of carrying out subsection (e) shall toxification and rehabilitation for both sexes ‘‘(D) suicide prevention and crisis interven- on a referral basis and programs developed be used for outpatient care of adult family tion; and members related to the treatment of an In- and implemented by Indian tribes or tribal ‘‘(E) prevention and treatment of mental organizations at the local level under the In- dian youth under that subsection. illness, and dysfunctional and self-destruc- ‘‘(g) MULTIDRUG ABUSE PROGRAM.—The dian Self-Determination and Education As- tive behavior, including child abuse and fam- Secretary, acting through the Service, In- sistance Act. Regional centers shall be inte- ily violence. dian tribes, tribal organizations and urban grated with the intake and rehabilitation ‘‘(2) USE OF FUNDS.—Funds provided under Indian organizations, shall provide, con- programs based in the referring Indian com- this subsection may be used— sistent with section 701, programs and serv- munity. ‘‘(A) to construct or renovate an existing ices to prevent and treat the abuse of mul- ‘‘(b) ALCOHOL AND SUBSTANCE ABUSE health facility to provide intermediate be- tiple forms of substances, including alcohol, TREATMENT CENTERS OR FACILITIES.— havioral health services; drugs, inhalants, and tobacco, among Indian ‘‘(1) ESTABLISHMENT.— ‘‘(B) to hire behavioral health profes- youth residing in Indian communities, on In- ‘‘(A) IN GENERAL.—The Secretary, acting sionals; dian reservations, and in urban areas and through the Service, Indian tribes, or tribal ‘‘(C) to staff, operate, and maintain an in- provide appropriate mental health services organizations, shall construct, renovate, or, termediate mental health facility, group to address the incidence of mental illness as necessary, purchase, and appropriately home, sober housing, transitional housing or among such youth. staff and operate, at least 1 youth regional similar facilities, or youth shelter where in- treatment center or treatment network in ‘‘SEC. 708. INPATIENT AND COMMUNITY-BASED termediate behavioral health services are MENTAL HEALTH FACILITIES DE- each area under the jurisdiction of an area being provided; and SIGN, CONSTRUCTION AND STAFF- office. ‘‘(D) to make renovations and hire appro- ING ASSESSMENT. ‘‘(B) AREA OFFICE IN CALIFORNIA.—For pur- priate staff to convert existing hospital beds ‘‘(a) IN GENERAL.—Not later than 1 year poses of this subsection, the area office in into adolescent psychiatric units; and after the date of enactment of this section, California shall be considered to be 2 area of- ‘‘(E) to provide intensive home- and com- the Secretary, acting through the Service, fices, 1 office whose jurisdiction shall be con- munity-based services, including collabo- Indian tribes and tribal organizations, shall sidered to encompass the northern area of rative systems of care. provide, in each area of the Service, not less the State of California, and 1 office whose ju- ‘‘(3) CRITERIA.—The Secretary shall, in than 1 inpatient mental health care facility, risdiction shall be considered to encompass consultation with Indian tribes and tribal or- or the equivalent, for Indians with behav- the remainder of the State of California for ganizations, establish criteria for the review ioral health problems. the purpose of implementing California and approval of applications or proposals for ‘‘(b) TREATMENT OF CALIFORNIA.—For pur- treatment networks. funding made available pursuant to this sub- poses of this section, California shall be con- ‘‘(2) FUNDING.—For the purpose of staffing section. sidered to be 2 areas of the Service, 1 area and operating centers or facilities under this ‘‘(d) FEDERALLY OWNED STRUCTURES.— whose location shall be considered to encom- subsection, funding shall be made available ‘‘(1) IN GENERAL.—The Secretary, acting pass the northern area of the State of Cali- pursuant to the Act of November 2, 1921 (25 through the Service, shall, in consultation fornia and 1 area whose jurisdiction shall be U.S.C. 13) (commonly known as the Snyder with Indian tribes and tribal organizations— considered to encompass the remainder of Act). ‘‘(A) identify and use, where appropriate, the State of California. ‘‘(3) LOCATION.—A youth treatment center federally owned structures suitable for local ‘‘(c) CONVERSION OF CERTAIN HOSPITAL constructed or purchased under this sub- residential or regional behavioral health BEDS.—The Secretary shall consider the pos- section shall be constructed or purchased at treatment for Indian youth; and sible conversion of existing, under-utilized a location within the area described in para- ‘‘(B) establish guidelines, in consultation Service hospital beds into psychiatric units graph (1) that is agreed upon (by appropriate with Indian tribes and tribal organizations, to meet needs under this section. tribal resolution) by a majority of the tribes for determining the suitability of any such ‘‘SEC. 709. TRAINING AND COMMUNITY EDU- to be served by such center. Federally owned structure to be used for CATION. ‘‘(4) SPECIFIC PROVISION OF FUNDS.— local residential or regional behavioral ‘‘(a) COMMUNITY EDUCATION.— ‘‘(A) IN GENERAL.—Notwithstanding any health treatment for Indian youth. ‘‘(1) IN GENERAL.—The Secretary, in co- other provision of this title, the Secretary ‘‘(2) TERMS AND CONDITIONS FOR USE OF operation with the Secretary of the Interior, may, from amounts authorized to be appro- STRUCTURE.—Any structure described in shall develop and implement, or provide priated for the purposes of carrying out this paragraph (1) may be used under such terms funding to enable Indian tribes and tribal or- section, make funds available to— and conditions as may be agreed upon by the ganization to develop and implement, within ‘‘(i) the Tanana Chiefs Conference, Incor- Secretary and the agency having responsi- each service unit or tribal program a pro- porated, for the purpose of leasing, con- bility for the structure and any Indian tribe gram of community education and involve- structing, renovating, operating and main- or tribal organization operating the pro- ment which shall be designed to provide con- taining a residential youth treatment facil- gram. cise and timely information to the commu- ity in Fairbanks, Alaska; ‘‘(e) REHABILITATION AND AFTERCARE SERV- nity leadership of each tribal community. ‘‘(ii) the Southeast Alaska Regional Health ICES.— ‘‘(2) EDUCATION.—A program under para- Corporation to staff and operate a residen- ‘‘(1) IN GENERAL.—The Secretary, an Indian graph (1) shall include education concerning tial youth treatment facility without regard tribe or tribal organization, in cooperation behavioral health for political leaders, tribal to the proviso set forth in section 4(l) of the with the Secretary of the Interior, shall de- judges, law enforcement personnel, members Indian Self-Determination and Education velop and implement within each service of tribal health and education boards, and Assistance Act (25 U.S.C. 450b(l)); unit, community-based rehabilitation and other critical members of each tribal com- ‘‘(iii) the Southern Indian Health Council, follow-up services for Indian youth who have munity. for the purpose of staffing, operating, and significant behavioral health problems, and ‘‘(3) TRAINING.—Community-based training maintaining a residential youth treatment require long-term treatment, community re- (oriented toward local capacity develop- facility in San Diego County, California; and integration, and monitoring to support the ment) under a program under paragraph (1) ‘‘(iv) the Navajo Nation, for the staffing, Indian youth after their return to their shall include tribal community provider operation, and maintenance of the Four Cor- home community. training (designed for adult learners from

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.100 S06PT1 S3310 CONGRESSIONAL RECORD — SENATE March 6, 2003 the communities receiving services for pre- of meeting the health status objective speci- amounts appropriated to carry out this sec- vention, intervention, treatment and fied in section 3(b). tion shall be used to make grants to urban aftercare). ‘‘(2) USE OF FUNDS.—Funding provided pur- Indian organizations funded under title V. ‘‘(b) TRAINING.—The Secretary shall, either suant to this section shall be used to— ‘‘SEC. 712. CHILD SEXUAL ABUSE AND PREVEN- directly or through Indian tribes or tribal or- ‘‘(A) develop and provide community and TION TREATMENT PROGRAMS. ganization, provide instruction in the area of in-school training, education, and prevention behavioral health issues, including instruc- programs relating to fetal alcohol disorders; ‘‘(a) ESTABLISHMENT.—The Secretary and tion in crisis intervention and family rela- ‘‘(B) identify and provide behavioral health the Secretary of the Interior, acting through tions in the context of alcohol and substance treatment to high-risk women; the Service, Indian tribes and tribal organi- abuse, child sexual abuse, youth alcohol and ‘‘(C) identify and provide appropriate edu- zations, shall establish, consistent with sec- substance abuse, and the causes and effects cational and vocational support, counseling, tion 701, in each service area, programs in- of fetal alcohol disorders, to appropriate em- advocacy, and information to fetal alcohol volving treatment for— ployees of the Bureau of Indian Affairs and disorder affected persons and their families ‘‘(1) victims of child sexual abuse; and the Service, and to personnel in schools or or caretakers; ‘‘(2) perpetrators of child sexual abuse. programs operated under any contract with ‘‘(D) develop and implement counseling ‘‘(b) USE OF FUNDS.—Funds provided under the Bureau of Indian Affairs or the Service, and support programs in schools for fetal al- this section shall be used to— including supervisors of emergency shelters cohol disorder affected children; ‘‘(1) develop and provide community edu- and halfway houses described in section 4213 ‘‘(E) develop prevention and intervention cation and prevention programs related to of the Indian Alcohol and Substance Abuse models which incorporate traditional practi- child sexual abuse; Prevention and Treatment Act of 1986 (25 tioners, cultural and spiritual values and ‘‘(2) identify and provide behavioral health U.S.C. 2433). community involvement; treatment to children who are victims of ‘‘(c) COMMUNITY-BASED TRAINING MODELS.— ‘‘(F) develop, print, and disseminate edu- sexual abuse and to their families who are In carrying out the education and training cation and prevention materials on fetal al- affected by sexual abuse; programs required by this section, the Sec- cohol disorders; ‘‘(3) develop prevention and intervention retary, acting through the Service and in ‘‘(G) develop and implement, through the models which incorporate traditional health consultation with Indian tribes, tribal orga- tribal consultation process, culturally sen- care practitioners, cultural and spiritual val- nizations, Indian behavioral health experts, sitive assessment and diagnostic tools in- ues, and community involvement; and Indian alcohol and substance abuse pre- cluding dysmorphology clinics and multi- ‘‘(4) develop and implement, though the vention experts, shall develop and provide disciplinary fetal alcohol disorder clinics for tribal consultation process, culturally sen- community-based training models. Such use in tribal and urban Indian communities; sitive assessment and diagnostic tools for models shall address— ‘‘(H) develop early childhood intervention use in tribal and urban Indian communities. ‘‘(1) the elevated risk of alcohol and behav- projects from birth on to mitigate the effects ‘‘(5) identify and provide behavioral health ioral health problems faced by children of al- of fetal alcohol disorders; and treatment to perpetrators of child sexual coholics; ‘‘(I) develop and fund community-based abuse with efforts being made to begin of- ‘‘(2) the cultural, spiritual, and adult fetal alcohol disorder housing and sup- fender and behavioral health treatment multigenerational aspects of behavioral port services. while the perpetrator is incarcerated or at health problem prevention and recovery; and ‘‘(3) CRITERIA.—The Secretary shall estab- the earliest possible date if the perpetrator ‘‘(3) community-based and multidisci- lish criteria for the review and approval of is not incarcerated, and to provide treatment plinary strategies for preventing and treat- applications for funding under this section. after release to the community until it is de- ing behavioral health problems. ‘‘(b) PROVISION OF SERVICES.—The Sec- termined that the perpetrator is not a threat ‘‘SEC. 710. BEHAVIORAL HEALTH PROGRAM. retary, acting through the Service, Indian to children. tribes, tribal organizations and urban Indian ‘‘(a) PROGRAMS FOR INNOVATIVE SERVICES.— organizations, shall— ‘‘SEC. 713. BEHAVIORAL MENTAL HEALTH RE- The Secretary, acting through the Service, SEARCH. ‘‘(1) develop and provide services for the Indian Tribes or tribal organizations, con- prevention, intervention, treatment, and ‘‘(a) IN GENERAL.—The Secretary, acting sistent with Section 701, may develop, imple- aftercare for those affected by fetal alcohol through the Service and in consultation with ment, and carry out programs to deliver in- disorders in Indian communities; and appropriate Federal agencies, shall provide novative community-based behavioral health ‘‘(2) provide supportive services, directly or funding to Indian Tribes, tribal organiza- services to Indians. through an Indian tribe, tribal organization tions and urban Indian organizations or, ‘‘(b) CRITERIA.—The Secretary may award enter into contracts with, or make grants to funding for a project under subsection (a) to or urban Indian organization, including serv- ices to meet the special educational, voca- appropriate institutions, for the conduct of an Indian tribe or tribal organization and research on the incidence and prevalence of may consider the following criteria: tional, school-to-work transition, and inde- pendent living needs of adolescent and adult behavioral health problems among Indians ‘‘(1) Whether the project will address sig- served by the Service, Indian Tribes or tribal nificant unmet behavioral health needs Indians with fetal alcohol disorders. ‘‘(c) TASK FORCE.— organizations and among Indians in urban among Indians. ‘‘(1) IN GENERAL.—The Secretary shall es- areas. Research priorities under this section ‘‘(2) Whether the project will serve a sig- tablish a task force to be known as the Fetal shall include— nificant number of Indians. Alcohol Disorders Task Force to advise the ‘‘(1) the inter-relationship and inter-de- ‘‘(3) Whether the project has the potential Secretary in carrying out subsection (b). pendence of behavioral health problems with to deliver services in an efficient and effec- ‘‘(2) COMPOSITION.—The task force under alcoholism and other substance abuse, sui- tive manner. paragraph (1) shall be composed of represent- cide, homicides, other injuries, and the inci- ‘‘(4) Whether the tribe or tribal organiza- atives from the National Institute on Drug dence of family violence; and tion has the administrative and financial ca- Abuse, the National Institute on Alcohol and ‘‘(2) the development of models of preven- pability to administer the project. Alcoholism, the Office of Substance Abuse tion techniques. ‘‘(5) Whether the project will deliver serv- Prevention, the National Institute of Mental ‘‘(b) SPECIAL EMPHASIS.—The effect of the ices in a manner consistent with traditional Health, the Service, the Office of Minority inter-relationships and interdependencies re- health care. Health of the Department of Health and ferred to in subsection (a)(1) on children, and ‘‘(6) Whether the project is coordinated Human Services, the Administration for Na- the development of prevention techniques with, and avoids duplication of, existing tive Americans, the National Institute of under subsection (a)(2) applicable to chil- services. Child Health & Human Development, the dren, shall be emphasized. ‘‘(c) FUNDING AGREEMENTS.—For purposes Centers for Disease Control and Prevention, of this subsection, the Secretary shall, in ‘‘SEC. 714. DEFINITIONS. the Bureau of Indian Affairs, Indian tribes, evaluating applications or proposals for tribal organizations, urban Indian commu- ‘‘In this title: funding for projects to be operated under any nities, and Indian fetal alcohol disorders ex- ‘‘(1) ASSESSMENT.—The term ‘assessment’ funding agreement entered into with the perts. means the systematic collection, analysis Service under the Indian Self-Determination ‘‘(d) APPLIED RESEARCH.—The Secretary, and dissemination of information on health Act and Education Assistance Act, use the acting through the Substance Abuse and status, health needs and health problems. same criteria that the Secretary uses in Mental Health Services Administration, ‘‘(2) ALCOHOL RELATED NEURO- evaluating any other application or proposal shall make funding available to Indian DEVELOPMENTAL DISORDERS.—The term ‘alco- for such funding. Tribes, tribal organizations and urban Indian hol related neurodevelopmental disorders’ or ‘‘SEC. 711. FETAL ALCOHOL DISORDER FUNDING. organizations for applied research projects ‘ARND’ with respect to an individual means ‘‘(a) ESTABLISHMENT OF PROGRAM.— which propose to elevate the understanding the individual has a history of maternal al- ‘‘(1) IN GENERAL.—The Secretary, con- of methods to prevent, intervene, treat, or cohol consumption during pregnancy, cen- sistent with Section 701, acting through In- provide rehabilitation and behavioral health tral nervous system involvement such as de- dian tribes, tribal organizations, and urban aftercare for Indians and urban Indians af- velopmental delay, intellectual deficit, or Indian organizations, shall establish and op- fected by fetal alcohol disorders. neurologic abnormalities, that behaviorally, erate fetal alcohol disorders programs as ‘‘(e) URBAN INDIAN ORGANIZATIONS.—The there may be problems with irritability, and provided for in this section for the purposes Secretary shall ensure that 10 percent of the failure to thrive as infants, and

VerDate Jan 31 2003 05:34 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.100 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3311 that as children become older there will like- ‘‘TITLE VIII—MISCELLANEOUS ‘‘SEC. 802. REGULATIONS. ly be hyperactivity, attention deficit, lan- ‘‘SEC. 801. REPORTS. ‘‘(a) INITIATION OF RULEMAKING PROCE- guage dysfunction and perceptual and judg- ‘‘The President shall, at the time the budg- DURES.— ment problems. et is submitted under section 1105 of title 31, ‘‘(1) IN GENERAL.—Not later than 90 days ‘‘(3) BEHAVIORAL HEALTH.—The term ‘be- United States Code, for each fiscal year after the date of enactment of this Act, the havioral health’ means the blending of sub- transmit to the Congress a report con- Secretary shall initiate procedures under stances (alcohol, drugs, inhalants and to- taining— subchapter III of chapter 5 of title 5, United bacco) abuse and mental health prevention ‘‘(1) a report on the progress made in meet- States Code, to negotiate and promulgate and treatment, for the purpose of providing ing the objectives of this Act, including a re- such regulations or amendments thereto comprehensive services. Such term includes view of programs established or assisted pur- that are necessary to carry out this Act. the joint development of substance abuse suant to this Act and an assessment and rec- ‘‘(2) PUBLICATION.—Proposed regulations to and mental health treatment planning and ommendations of additional programs or ad- implement this Act shall be published in the coordinated case management using a multi- ditional assistance necessary to, at a min- Federal Register by the Secretary not later disciplinary approach. imum, provide health services to Indians, than 270 days after the date of enactment of this Act and shall have not less than a 120 ‘‘(4) BEHAVIORAL HEALTH AFTERCARE.— and ensure a health status for Indians, which day comment period. ‘‘(A) IN GENERAL.—The term ‘behavioral are at a parity with the health services ‘‘(3) EXPIRATION OF AUTHORITY.—The au- health aftercare’ includes those activities available to and the health status of, the thority to promulgate regulations under this and resources used to support recovery fol- general population, including specific com- Act shall expire 18 months from the date of lowing inpatient, residential, intensive sub- parisons of appropriations provided and enactment of this Act. stance abuse or mental health outpatient or those required for such parity; ‘‘(2) a report on whether, and to what ex- ‘‘(b) RULEMAKING COMMITTEE.—A nego- outpatient treatment, to help prevent or tiated rulemaking committee established treat relapse, including the development of tent, new national health care programs, benefits, initiatives, or financing systems pursuant to section 565 of Title 5, United an aftercare plan. States Code, to carry out this section shall ‘‘(B) AFTERCARE PLAN.—Prior to the time have had an impact on the purposes of this Act and any steps that the Secretary may have as its members only representatives of at which an individual is discharged from a the Federal Government and representatives level of care, such as outpatient treatment, have taken to consult with Indian tribes to address such impact, including a report on of Indian tribes, and tribal organizations, a an aftercare plan shall have been developed majority of whom shall be nominated by and for the individual. Such plan may use such proposed changes in the allocation of funding pursuant to section 808; be representatives of Indian tribes, tribal or- resources as community base therapeutic ‘‘(3) a report on the use of health services ganizations, and urban Indian organizations group care, transitional living, a 12-step by Indians— from each service area. sponsor, a local 12-step or other related sup- ‘‘(A) on a national and area or other rel- ‘‘(c) ADAPTION OF PROCEDURES.—The Sec- port group, or other community based pro- evant geographical basis; retary shall adapt the negotiated rule- viders (such as mental health professionals, ‘‘(B) by gender and age; making procedures to the unique context of traditional health care practitioners, com- ‘‘(C) by source of payment and type of serv- self-governance and the government-to-gov- munity health aides, community health rep- ice; ernment relationship between the United resentatives, mental health technicians, or ‘‘(D) comparing such rates of use with States and Indian Tribes. ministers). rates of use among comparable non-Indian ‘‘(d) FAILURE TO PROMULGATE REGULA- ‘‘(5) DUAL DIAGNOSIS.—The term ‘dual diag- populations; and TIONS.—The lack of promulgated regulations nosis’ means coexisting substance abuse and ‘‘(E) on the services provided under funding shall not limit the effect of this Act. ‘‘(e) SUPREMACY OF PROVISIONS.—The provi- mental illness conditions or diagnosis. In in- agreements pursuant to the Indian Self-De- sions of this Act shall supersede any con- dividual with a dual diagnosis may be re- termination and Education Assistance Act; flicting provisions of law (including any con- ferred to as a mentally ill chemical abuser. ‘‘(4) a report of contractors concerning flicting regulations) in effect on the day be- ‘‘(6) FETAL ALCOHOL DISORDERS.—The term health care educational loan repayments fore the date of enactment of the Indian Self- ‘fetal alcohol disorders’ means fetal alcohol under section 110; Determination Contract Reform Act of 1994, syndrome, partial fetal alcohol syndrome, or ‘‘(5) a general audit report on the health and the Secretary is authorized to repeal any alcohol related neural developmental dis- care educational loan repayment program as regulation that is inconsistent with the pro- order. required under section 110(n); visions of this Act. ‘‘(7) FETAL ALCOHOL SYNDROME.—The term ‘‘(6) a separate statement that specifies the ‘fetal alcohol syndrome’ or ‘FAS’ with re- amount of funds requested to carry out the ‘‘SEC. 803. PLAN OF IMPLEMENTATION. spect to an individual means a syndrome in provisions of section 201; ‘‘Not later than 240 days after the date of which the individual has a history of mater- ‘‘(7) a report on infectious diseases as re- enactment of this Act, the Secretary, in con- nal alcohol consumption during pregnancy, quired under section 212; sultation with Indian tribes, tribal organiza- and with respect to which the following cri- ‘‘(8) a report on environmental and nuclear tions, and urban Indian organizations, shall teria should be met: health hazards as required under section 214; prepare and submit to Congress a plan that ‘‘(A) Central nervous system involvement ‘‘(9) a report on the status of all health shall explain the manner and schedule (in- such as developmental delay, intellectual care facilities needs as required under sec- cluding a schedule of appropriate requests), deficit, microencephaly, or neurologic abnor- tions 301(c)(2) and 301(d); by title and section, by which the Secretary will implement the provisions of this Act. malities. ‘‘(10) a report on safe water and sanitary ‘‘(B) Craniofacial abnormalities with at waste disposal facilities as required under ‘‘SEC. 804. AVAILABILITY OF FUNDS. least 2 of the following: microphthalmia, section 302(h)(1); ‘‘Amounts appropriated under this Act short palpebral fissures, poorly developed ‘‘(11) a report on the expenditure of non- shall remain available until expended. philtrum, thin upper lip, flat nasal bridge, service funds for renovation as required ‘‘SEC. 805. LIMITATION ON USE OF FUNDS APPRO- and short upturned nose. under sections 305(a)(2) and 305(a)(3); PRIATED TO THE INDIAN HEALTH SERVICE. ‘‘(C) Prenatal or postnatal growth delay. ‘‘(12) a report identifying the backlog of ‘‘Any limitation on the use of funds con- ‘‘(8) PARTIAL FAS.—The term ‘partial FAS’ maintenance and repair required at Service tained in an Act providing appropriations for with respect to an individual means a his- and tribal facilities as required under section 314(a); the Department for a period with respect to tory of maternal alcohol consumption during the performance of abortions shall apply for pregnancy having most of the criteria of ‘‘(13) a report providing an accounting of reimbursement funds made available to the that period with respect to the performance FAS, though not meeting a minimum of at Secretary under titles XVIII and XIX of the of abortions using funds contained in an Act least 2 of the following: micro-ophthalmia, Social Security Act as required under sec- providing appropriations for the Service. short palpebral fissures, poorly developed tion 403(a); ‘‘SEC. 806. ELIGIBILITY OF CALIFORNIA INDIANS. philtrum, thin upper lip, flat nasal bridge, ‘‘(14) a report on services sharing of the ‘‘(a) ELIGIBILITY.— short upturned nose. Service, the Department of Veteran’s Af- ‘‘(1) IN GENERAL.—Until such time as any ‘‘(9) REHABILITATION.—The term ‘rehabili- fairs, and other Federal agency health pro- subsequent law may otherwise provide, the tation’ means to restore the ability or capac- grams as required under section 412(c)(2); following California Indians shall be eligible ity to engage in usual and customary life ac- ‘‘(15) a report on the evaluation and re- for health services provided by the Service: tivities through education and therapy.– newal of urban Indian programs as required ‘‘(1) Any member of a Federally recognized ‘‘(10) SUBSTANCE ABUSE.—The term ‘sub- under section 505; Indian tribe. stance abuse’ includes inhalant abuse. ‘‘(16) a report on the findings and conclu- ‘‘(2) Any descendant of an Indian who was ‘‘SEC. 715. AUTHORIZATION OF APPROPRIATIONS. sions derived from the demonstration project residing in California on June 1, 1852, but as required under section 512(a)(2); only if such descendant— ‘‘There is authorized to be appropriated ‘‘(17) a report on the evaluation of pro- ‘‘(A) is a member of the Indian community such sums as may be necessary for each fis- grams as required under section 513; and served by a local program of the Service; and cal year through fiscal year 2015 to carry out ‘‘(18) a report on alcohol and substance ‘‘(B) is regarded as an Indian by the com- this title. abuse as required under section 701(f). munity in which such descendant lives.

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.100 S06PT1 S3312 CONGRESSIONAL RECORD — SENATE March 6, 2003 ‘‘(3) Any Indian who holds trust interests ble for such health services under any other described in subsection (a) or (b). Such non- in public domain, national forest, or Indian subsection of this section or under any other Service health care practitioners may be re- reservation allotments in California. provision of law. In making such determina- garded as employees of the Federal Govern- ‘‘(4) Any Indian in California who is listed tions, the governing body of the Indian tribe ment for purposes of section 1346(b) and on the plans for distribution of the assets of or tribal organization shall take into ac- chapter 171 of title 28, United States Code California rancherias and reservations under count the considerations described in sub- (relating to Federal tort claims) only with the Act of August 18, 1958 (72 Stat. 619), and paragraph (A)(ii). respect to acts or omissions which occur in any descendant of such an Indian. ‘‘(2) LIABILITY FOR PAYMENT.— the course of providing services to eligible ‘‘(b) RULE OF CONSTRUCTION.—Nothing in ‘‘(A) IN GENERAL.—Persons receiving health persons as a part of the conditions under this section may be construed as expanding services provided by the Service by reason of which such hospital privileges are extended. the eligibility of California Indians for this subsection shall be liable for payment of ‘‘(e) DEFINITION.—In this section, the term health services provided by the Service be- such health services under a schedule of ‘eligible Indian’ means any Indian who is eli- yond the scope of eligibility for such health charges prescribed by the Secretary which, gible for health services provided by the services that applied on May 1, 1986. in the judgment of the Secretary, results in Service without regard to the provisions of ‘‘SEC. 807. HEALTH SERVICES FOR INELIGIBLE reimbursement in an amount not less than this section. PERSONS. the actual cost of providing the health serv- ‘‘SEC. 808. REALLOCATION OF BASE RESOURCES. ‘‘(a) INELIGIBLE PERSONS.— ices. Notwithstanding section 1880 of the So- ‘‘(a) REQUIREMENT OF REPORT.—Notwith- ‘‘(1) IN GENERAL.—Any individual who— cial Security Act, section 402(a) of this Act, ‘‘(A) has not attained 19 years of age; standing any other provision of law, any al- or any other provision of law, amounts col- location of Service funds for a fiscal year ‘‘(B) is the natural or adopted child, step- lected under this subsection, including medi- that reduces by 5 percent or more from the child, foster-child, legal ward, or orphan of care or medicaid reimbursements under ti- previous fiscal year the funding for any re- an eligible Indian; and tles XVIII and XIX of the Social Security curring program, project, or activity of a ‘‘(C) is not otherwise eligible for the health Act, shall be credited to the account of the service unit may be implemented only after services provided by the Service, program providing the service and shall be the Secretary has submitted to the Presi- shall be eligible for all health services pro- used solely for the provision of health serv- dent, for inclusion in the report required to vided by the Service on the same basis and ices within that program. Amounts collected be transmitted to the Congress under section subject to the same rules that apply to eligi- under this subsection shall be available for 801, a report on the proposed change in allo- ble Indians until such individual attains 19 expenditure within such program for not to cation of funding, including the reasons for years of age. The existing and potential exceed 1 fiscal year after the fiscal year in the change and its likely effects. health needs of all such individuals shall be which collected. ‘‘(b) NONAPPLICATION OF SECTION.—Sub- taken into consideration by the Service in ‘‘(B) SERVICES FOR INDIGENT PERSONS.— section (a) shall not apply if the total determining the need for, or the allocation Health services may be provided by the Sec- amount appropriated to the Service for a fis- of, the health resources of the Service. If retary through the Service under this sub- cal year is less than the amount appro- such an individual has been determined to be section to an indigent person who would not priated to the Service for previous fiscal legally incompetent prior to attaining 19 be eligible for such health services but for year. years of age, such individual shall remain el- the provisions of paragraph (1) only if an igible for such services until one year after agreement has been entered into with a ‘‘SEC. 809. RESULTS OF DEMONSTRATION PROJECTS. the date such disability has been removed. State or local government under which the ‘‘The Secretary shall provide for the dis- ‘‘(2) SPOUSES.—Any spouse of an eligible State or local government agrees to reim- semination to Indian tribes of the findings Indian who is not an Indian, or who is of In- burse the Service for the expenses incurred and results of demonstration projects con- dian descent but not otherwise eligible for by the Service in providing such health serv- ducted under this Act. the health services provided by the Service, ices to such indigent person. shall be eligible for such health services if ‘‘(3) SERVICE AREAS.— ‘‘SEC. 810. PROVISION OF SERVICES IN MONTANA. all of such spouses or spouses who are mar- ‘‘(A) SERVICE TO ONLY ONE TRIBE.—In the ‘‘(a) IN GENERAL.—The Secretary, acting ried to members of the Indian tribe being case of a service area which serves only one through the Service, shall provide services served are made eligible, as a class, by an ap- Indian tribe, the authority of the Secretary and benefits for Indians in Montana in a propriate resolution of the governing body of to provide health services under paragraph manner consistent with the decision of the the Indian tribe or tribal organization pro- (1)(A) shall terminate at the end of the fiscal United States Court of Appeals for the Ninth viding such services. The health needs of per- year succeeding the fiscal year in which the Circuit in McNabb for McNabb v. Bowen, 829 sons made eligible under this paragraph shall governing body of the Indian tribe revokes F.2d 787 (9th Cr. 1987). not be taken into consideration by the Serv- its concurrence to the provision of such ‘‘(b) RULE OF CONSTRUCTION.—The provi- ice in determining the need for, or allocation health services. sions of subsection (a) shall not be construed of, its health resources. ‘‘(B) MULTI-TRIBAL AREAS.—In the case of a to be an expression of the sense of the Con- ‘‘(b) PROGRAMS AND SERVICES.— multi-tribal service area, the authority of gress on the application of the decision de- ‘‘(1) PROGRAMS.— the Secretary to provide health services scribed in subsection (a) with respect to the ‘‘(A) IN GENERAL.—The Secretary may pro- under paragraph (1)(A) shall terminate at the provision of services or benefits for Indians vide health services under this subsection end of the fiscal year succeeding the fiscal living in any State other than Montana. through health programs operated directly year in which at least 51 percent of the num- ‘‘SEC. 811. MORATORIUM. by the Service to individuals who reside ber of Indian tribes in the service area re- ‘‘During the period of the moratorium im- within the service area of a service unit and voke their concurrence to the provision of posed by Public Law 100–446 on implementa- who are not eligible for such health services such health services. tion of the final rule published in the Federal under any other subsection of this section or ‘‘(c) PURPOSE FOR PROVIDING SERVICES.— Register on September 16, 1987, by the Health under any other provision of law if— The Service may provide health services Resources and Services Administration, re- ‘‘(i) the Indian tribe (or, in the case of a under this subsection to individuals who are lating to eligibility for the health care serv- multi-tribal service area, all the Indian not eligible for health services provided by ices of the Service, the Service shall provide tribes) served by such service unit requests the Service under any other subsection of services pursuant to the criteria for eligi- such provision of health services to such in- this section or under any other provision of bility for such services that were in effect on dividuals; and law in order to— September 15, 1987, subject to the provisions ‘‘(ii) the Secretary and the Indian tribe or ‘‘(1) achieve stability in a medical emer- of sections 806 and 807 until such time as new tribes have jointly determined that— gency; criteria governing eligibility for services are ‘‘(I) the provision of such health services ‘‘(2) prevent the spread of a communicable developed in accordance with section 802. will not result in a denial or diminution of disease or otherwise deal with a public ‘‘SEC. 812. TRIBAL EMPLOYMENT. health services to eligible Indians; and health hazard; ‘‘For purposes of section 2(2) of the Act of ‘‘(II) there is no reasonable alternative ‘‘(3) provide care to non-Indian women July 5, 1935 (49 Stat. 450, Chapter 372), an In- health program or services, within or with- pregnant with an eligible Indian’s child for dian tribe or tribal organization carrying out out the service area of such service unit, the duration of the pregnancy through post a funding agreement under the Self-Deter- available to meet the health needs of such partum; or mination and Education Assistance Act shall individuals. ‘‘(4) provide care to immediate family not be considered an employer. ‘‘(B) FUNDING AGREEMENTS.—In the case of members of an eligible person if such care is health programs operated under a funding directly related to the treatment of the eli- ‘‘SEC. 813. PRIME VENDOR. agreement entered into under the Indian gible person. ‘‘For purposes of section 4 of Public Law Self-Determination and Educational Assist- ‘‘(d) HOSPITAL PRIVILEGES.—Hospital privi- 102–585 (38 U.S.C. 812) Indian tribes and tribal ance Act, the governing body of the Indian leges in health facilities operated and main- organizations carrying out a grant, coopera- tribe or tribal organization providing health tained by the Service or operated under a tive agreement, or funding agreement under services under such funding agreement is au- contract entered into under the Indian Self- the Indian Self-Determination and Edu- thorized to determine whether health serv- Determination Education Assistance Act cation Assistance Act (25 U.S.C. 450 et seq.) ices should be provided under such funding may be extended to non-Service health care shall be deemed to be an executive agency agreement to individuals who are not eligi- practitioners who provide services to persons and part of the Service and, as such, may act

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.101 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3313 as an ordering agent of the Service and the sons and the effect of such programs on the thorized by the chairperson of the Commis- employees of the tribe or tribal organization sovereign status of Indian Tribes; sion. For purposes of pay (other than pay of may order supplies on behalf thereof on the ‘‘(3) Establish a study committee to be members of the Commission) and employ- same basis as employees of the Service. composed of those members of the Commis- ment benefits, rights, and privileges, all per- ‘‘SEC. 814. NATIONAL BI-PARTISAN COMMISSION sion appointed by the Director of the Service sonnel of the Commission shall be treated as ON INDIAN HEALTH CARE ENTITLE- and at least 4 additional members of Con- if they were employees of the United States MENT. gress from among the members of the Com- Senate. ‘‘(a) ESTABLISHMENT.—There is hereby es- mission which shall— ‘‘(2) MEETINGS AND QUORUM.— tablished the National Bi-Partisan Indian ‘‘(A) to the extent necessary to carry out ‘‘(A) MEETINGS.—The Commission shall Health Care Entitlement Commission (re- its duties, collect and compile data nec- meet at the call of the chairperson. ferred to in this Act as the ‘Commission’). essary to understand the extent of Indian ‘‘(B) QUORUM.—A quorum of the Commis- ‘‘(b) MEMBERSHIP.—The Commission shall needs with regard to the provision of health sion shall consist of not less than 15 mem- be composed of 25 members, to be appointed services, regardless of the location of Indi- bers, of which not less than 6 of such mem- as follows: ans, including holding hearings and solic- bers shall be appointees under subsection ‘‘(1) Ten members of Congress, of which— iting the views of Indians, Indian tribes, trib- (b)(1) and not less than 9 of such members ‘‘(A) three members shall be from the al organizations and urban Indian organiza- shall be Indians. House of Representatives and shall be ap- tions, and which may include authorizing ‘‘(3) DIRECTOR AND STAFF.— pointed by the majority leader; and funding feasibility studies of various ‘‘(A) EXECUTIVE DIRECTOR.—The members ‘‘(B) three members shall be from the models for providing and funding health of the Commission shall appoint an execu- House of Representatives and shall be ap- services for all Indian beneficiaries including tive director of the Commission. The execu- pointed by the minority leader; those who live outside of a reservation, tem- tive director shall be paid the rate of basic ‘‘(C) two members shall be from the Senate porarily or permanently; pay equal to that for level V of the Executive and shall be appointed by the majority lead- ‘‘(B) make recommendations to the Com- Schedule. er; and mission for legislation that will provide for ‘‘(B) STAFF.—With the approval of the ‘‘(D) two members shall be from the Senate the delivery of health services for Indians as Commission, the executive director may ap- and shall be appointed by the minority lead- an entitlement, which shall, at a minimum, point such personnel as the executive direc- er; address issues of eligibility, benefits to be tor deems appropriate. provided, including recommendations re- who shall each be members of the commit- ‘‘(C) APPLICABILITY OF CIVIL SERVICE garding from whom such health services are tees of Congress that consider legislation af- LAWS.—The staff of the Commission shall be to be provided, and the cost, including mech- fecting the provision of health care to Indi- appointed without regard to the provisions anisms for funding of the health services to ans and who shall elect the chairperson and of title 5, United States Code, governing ap- be provided; vice-chairperson of the Commission. pointments in the competitive service, and ‘‘(C) determine the effect of the enactment ‘‘(2) Twelve individuals to be appointed by shall be paid without regard to the provi- of such recommendations on the existing the members of the Commission appointed sions of chapter 51 and subchapter III of system of the delivery of health services for under paragraph (1), of which at least 1 shall chapter 53 of such title (relating to classi- Indians; be from each service area as currently des- fication and General Schedule pay rates). ‘‘(D) determine the effect of a health serv- ‘‘(D) EXPERTS AND CONSULTANTS.—With the ignated by the Director of the Service, to be ices entitlement program for Indian persons approval of the Commission, the executive chosen from among 3 nominees from each on the sovereign status of Indian tribes; director may procure temporary and inter- such area as selected by the Indian tribes ‘‘(E) not later than 12 months after the ap- mittent services under section 3109(b) of title within the area, with due regard being given pointment of all members of the Commis- 5, United States Code. to the experience and expertise of the nomi- sion, make a written report of its findings ‘‘(E) FACILITIES.—The Administrator of the nees in the provision of health care to Indi- and recommendations to the Commission, General Services Administration shall locate ans and with due regard being given to a rea- which report shall include a statement of the suitable office space for the operation of the sonable representation on the Commission of minority and majority position of the com- Commission. The facilities shall serve as the members who are familiar with various mittee and which shall be disseminated, at a health care delivery modes and who rep- minimum, to each Federally recognized In- headquarters of the Commission and shall in- resent tribes of various size populations. dian tribe, tribal organization and urban In- clude all necessary equipment and ‘‘(3) Three individuals shall be appointed dian organization for comment to the Com- incidentals required for the proper func- by the Director of the Service from among mission; and tioning of the Commission. individual who are knowledgeable about the ‘‘(F) report regularly to the full Commis- ‘‘(f) POWERS.— provision of health care to Indians, at least sion regarding the findings and recommenda- ‘‘(1) HEARINGS AND OTHER ACTIVITIES.—For 1 of whom shall be appointed from among 3 tions developed by the committee in the the purpose of carrying out its duties, the nominees from each program that is funded course of carrying out its duties under this Commission may hold such hearings and un- in whole or in part by the Service primarily section. dertake such other activities as the Commis- or exclusively for the benefit of urban Indi- ‘‘(4) Not later than 18 months after the sion determines to be necessary to carry out ans. date of appointment of all members of the its duties, except that at least 6 regional All those persons appointed under para- Commission, submit a written report to Con- hearings shall be held in different areas of graphs (2) and (3) shall be members of Feder- gress containing a recommendation of poli- the United States in which large numbers of ally recognized Indian Tribes. cies and legislation to implement a policy Indians are present. Such hearings shall be ‘‘(c) TERMS.— that would establish a health care system for held to solicit the views of Indians regarding ‘‘(1) IN GENERAL.—Members of the Commis- Indians based on the delivery of health serv- the delivery of health care services to them. sion shall serve for the life of the Commis- ices as an entitlement, together with a de- To constitute a hearing under this para- sion. termination of the implications of such an graph, at least 5 members of the Commis- ‘‘(2) APPOINTMENT OF MEMBERS.—Members entitlement system on existing health care sion, including at least 1 member of Con- of the Commission shall be appointed under delivery systems for Indians and on the sov- gress, must be present. Hearings held by the subsection (b)(1) not later than 90 days after ereign status of Indian tribes. study committee established under this sec- the date of enactment of this Act, and the ‘‘(e) ADMINISTRATIVE PROVISIONS.— tion may be counted towards the number of remaining members of the Commission shall ‘‘(1) COMPENSATION AND EXPENSES.— regional hearings required by this paragraph. be appointed not later than 60 days after the ‘‘(A) CONGRESSIONAL MEMBERS.—Each ‘‘(2) STUDIES BY GAO.—Upon request of the date on which the members are appointed member of the Commission appointed under Commission, the Comptroller General shall under such subsection. subsection (b)(1) shall receive no additional conduct such studies or investigations as the ‘‘(3) VACANCY.—A vacancy in the member- pay, allowances, or benefits by reason of Commission determines to be necessary to ship of the Commission shall be filled in the their service on the Commission and shall re- carry out its duties. manner in which the original appointment ceive travel expenses and per diem in lieu of ‘‘(3) COST ESTIMATES.— was made. subsistence in accordance with sections 5702 ‘‘(A) IN GENERAL.—The Director of the Con- ‘‘(d) DUTIES OF THE COMMISSION.—The Com- and 5703 of title 5, United States Code. gressional Budget Office or the Chief Actu- mission shall carry out the following duties ‘‘(B) OTHER MEMBERS.—The members of the ary of the Health Care Financing Adminis- and functions: Commission appointed under paragraphs (2) tration, or both, shall provide to the Com- ‘‘(1) Review and analyze the recommenda- and (3) of subsection (b), while serving on the mission, upon the request of the Commis- tions of the report of the study committee business of the Commission (including travel sion, such cost estimates as the Commission established under paragraph (3) to the Com- time) shall be entitled to receive compensa- determines to be necessary to carry out its mission. tion at the per diem equivalent of the rate duties. ‘‘(2) Make recommendations to Congress provided for level IV of the Executive Sched- ‘‘(B) REIMBURSEMENTS.—The Commission for providing health services for Indian per- ule under section 5315 of title 5, United shall reimburse the Director of the Congres- sons as an entitlement, giving due regard to States Code, and while so serving away from sional Budget Office for expenses relating to the effects of such a programs on existing home and the member’s regular place of the employment in the office of the Director health care delivery systems for Indian per- business, be allowed travel expenses, as au- of such additional staff as may be necessary

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.101 S06PT1 S3314 CONGRESSIONAL RECORD — SENATE March 6, 2003 for the Director to comply with requests by services purchased by an urban Indian orga- ganization, or an urban Indian organization the Commission under subparagraph (A). nization (as those terms are defined in sec- or because of any limitations on payment ‘‘(4) DETAIL OF FEDERAL EMPLOYEES.—Upon tion 4 of the Indian Health Care Improve- provided for in any managed care plan. the request of the Commission, the head of ment Act), in accordance with such admis- ‘‘(3) OUTSTATIONING COSTS.—In addition to any federal Agency is authorized to detail, sion practices and such payment method- full cost recovery, a qualified Indian health without reimbursement, any of the personnel ology and amounts as are prescribed under program shall be entitled to reasonable of such agency to the Commission to assist regulations issued by the Secretary.’’. outstationing costs, which shall include all the Commission in carrying out its duties. SEC. 202. QUALIFIED INDIAN HEALTH PROGRAM. administrative costs associated with out- Any such detail shall not interrupt or other- Title XVIII of the Social Security Act (42 reach and acceptance of eligibility applica- wise affect the civil service status or privi- U.S.C. 1395 et seq.) is amended by inserting tions for any Federal or State health pro- leges of the federal employee. after section 1880 the following: gram including the programs established ‘‘(5) TECHNICAL ASSISTANCE.—Upon the re- ‘‘QUALIFIED INDIAN HEALTH PROGRAM under this title, title XIX, and XXI. quest of the Commission, the head of a Fed- ‘‘(4) DETERMINATION OF ALL-INCLUSIVE EN- ‘‘SEC. 1880A. (a) DEFINITION OF QUALIFIED eral Agency shall provide such technical as- COUNTER OR PER DIEM AMOUNT.— INDIAN HEALTH PROGRAM.—In this section: sistance to the Commission as the Commis- ‘‘(A) IN GENERAL.—Costs identified for serv- ‘‘(1) IN GENERAL.—The term ‘qualified In- sion determines to be necessary to carry out dian health program’ means a health pro- ices addressed in a cost report submitted by its duties. gram operated by— a qualified Indian health program shall be ‘‘(6) USE OF MAILS.—The Commission may ‘‘(A) the Indian Health Service; used to determine an all-inclusive encounter use the United States mails in the same ‘‘(B) an Indian tribe or tribal organization or per diem payment amount for such serv- manner and under the same conditions as or an urban Indian organization (as those ices. Federal Agencies and shall, for purposes of terms are defined in section 4 of the Indian ‘‘(B) NO SINGLE REPORT REQUIREMENT.—Not the frank, be considered a commission of Health Care Improvement Act) and which is all qualified Indian health programs pro- Congress as described in section 3215 of title funded in whole or part by the Indian Health vided or administered by the Indian Health 39, United States Code. Service under the Indian Self Determination Service, an Indian tribe or tribal organiza- ‘‘(7) OBTAINING INFORMATION.—The Com- and Education Assistance Act; or tion, or an urban Indian organization need be mission may secure directly from the any ‘‘(C) an urban Indian organization (as so combined into a single cost report. Federal Agency information necessary to en- defined) and which is funded in whole or in ‘‘(C) PAYMENT FOR ITEMS NOT COVERED BY A able it to carry out its duties, if the informa- part under title V of the Indian Health Care COST REPORT.—A full cost recovery payment tion may be disclosed under section 552 of Improvement Act. for services not covered by a cost report title 4, United States Code. Upon request of shall be made on a fee-for-service, encounter, ‘‘(2) INCLUDED PROGRAMS AND ENTITIES.— the chairperson of the Commission, the head Such term may include 1 or more hospital, or per diem basis. of such agency shall furnish such informa- nursing home, home health program, clinic, ‘‘(5) OPTIONAL DETERMINATION.—The full tion to the Commission. ambulance service or other health program cost recovery rate provided for in paragraphs ‘‘(8) SUPPORT SERVICES.—Upon the request that provides a service for which payments (1) through (3) may be determined, at the of the Commission, the Administrator of may be made under this title and which is election of the qualified Indian health pro- General Services shall provide to the Com- covered in the cost report submitted under gram, by the Health Care Financing Admin- mission on a reimbursable basis such admin- this title or title XIX for the qualified Indian istration or by the State agency responsible istrative support services as the Commission health program. for administering the State plan under title may request. ‘‘(b) ELIGIBILITY FOR PAYMENTS.—A quali- XIX and shall be valid for reimbursements ‘‘(9) PRINTING.—For purposes of costs relat- fied Indian health program shall be eligible made under this title, title XIX, and title ing to printing and binding, including the for payments under this title, notwith- XXI. The costs described in paragraph (2)(A) cost of personnel detailed from the Govern- standing sections 1814(c) and 1835(d), if and shall be calculated under whatever method- ment Printing Office, the Commission shall for so long as the program meets all the con- ology yields the greatest aggregate payment be deemed to be a committee of the Con- ditions and requirements set forth in this for the cost reporting period, provided that gress. section. such methodology shall be adjusted to in- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(c) DETERMINATION OF PAYMENTS.— clude adjustments to such payment to take There is authorized to be appropriated ‘‘(1) IN GENERAL.—Notwithstanding any into account for those qualified Indian $4,000,000 to carry out this section. The other provision in the law, a qualified Indian health programs that include hospitals— amount appropriated under this subsection health program shall be entitled to receive ‘‘(A) a significant decrease in discharges; shall not be deducted from or affect any payment based on an all-inclusive rate which ‘‘(B) costs for graduate medical education other appropriation for health care for In- shall be calculated to provide full cost recov- programs; dian persons. ery for the cost of furnishing services pro- ‘‘(C) additional payment as a dispropor- ‘‘SEC. 815. APPROPRIATIONS; AVAILABILITY. vided under this section. tionate share hospital with a payment ad- ‘‘Any new spending authority (described in ‘‘(2) DEFINITION OF FULL COST RECOVERY.— justment factor of 10; and subsection (c)(2)(A) or (B) of section 401 of ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(D) payment for outlier cases. the Congressional Budget Act of 1974) which (B), in this section, the term ‘full cost recov- ‘‘(6) ELECTION OF PAYMENT.—A qualified In- is provided under this Act shall be effective ery’ means the sum of— dian health program may elect to receive for any fiscal year only to such extent or in ‘‘(i) the direct costs, which are reasonable, payment for services provided under this sec- such amounts as are provided in appropria- adequate and related to the cost of fur- tion— tion Acts. nishing such services, taking into account ‘‘(A) on the full cost recovery basis pro- ‘‘SEC. 816. AUTHORIZATION OF APPROPRIATIONS. the unique nature, location, and service pop- vided in paragraphs (1) through (5); ‘‘There is authorized to be appropriated ulation of the qualified Indian health pro- ‘‘(B) on the basis of the inpatient or out- such sums as may be necessary for each fis- gram, and which shall include direct pro- patient encounter rates established for In- cal year through fiscal year 2015 to carry out gram, administrative, and overhead costs, dian Health Service facilities and published this title.’’. without regard to the customary or other annually in the Federal Register; charge or any fee schedule that would other- ‘‘(C) on the same basis as other providers TITLE II—CONFORMING AMENDMENTS TO wise be applicable; and are reimbursed under this title, provided THE SOCIAL SECURITY ACT ‘‘(ii) indirect costs which, in the case of a that the amounts determined under para- Subtitle A—Medicare qualified Indian health program— graph (c)(2)(B) shall be added to any such SEC. 201. LIMITATIONS ON CHARGES. ‘‘(I) for which an indirect cost rate (as that amount; Section 1866(a)(1) of the Social Security term is defined in section 4(g) of the Indian ‘‘(D) on the basis of any other rate or Act (42 U.S.C. 1395cc(a)(1)) is amended— Self-Determination and Education Assist- methodology applicable to the Indian Health (1) in subparagraph (R), by striking ‘‘and’’ ance Act) has been established, shall be not Service or an Indian Tribe or tribal organiza- at the end; less than an amount determined on the basis tion; or (2) in subparagraph (S), by striking the pe- of the indirect cost rate; or ‘‘(E) on the basis of any rate or method- riod and inserting ‘‘, and’’; and ‘‘(II) for which no such rate has been estab- ology negotiated with the agency responsible (3) by adding at the end the following: lished, shall be not less than the administra- for making payment. ‘‘(T) in the case of hospitals and critical tive costs specifically associated with the de- ‘‘(d) ELECTION OF REIMBURSEMENT FOR access hospitals which provide inpatient hos- livery of the services being provided. OTHER SERVICES.— pital services for which payment may be ‘‘(B) LIMITATION.—Notwithstanding any ‘‘(1) IN GENERAL.—A qualified Indian health made under this title, to accept as payment other provision of law, the amount deter- program may elect to be reimbursed for any in full for services that are covered under mined to be payable as full cost recovery service the Indian Health Service, an Indian and furnished to an individual eligible for may not be reduced for co-insurance, co-pay- tribe or tribal organization, or an urban In- the contract health services program oper- ments, or deductibles when the service was dian organization may be reimbursed for ated by the Indian Health Service, by an In- provided to an Indian entitled under Federal under section 1880 and section 1911. dian tribe or tribal organization, or fur- law to receive the service from the Indian ‘‘(2) OPTION TO INCLUDE ADDITIONAL SERV- nished to an urban Indian eligible for health Health Service, an Indian tribe or tribal or- ICES.—An election under paragraph (1) may

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.101 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3315 include, at the election of the qualified In- amounts expended as medical assistance for by the Indian Health Service, an Indian tribe dian health program— services which are received through the In- or tribal organization, or an urban Indian or- ‘‘(A) any service when furnished by an em- dian Health Service, an Indian tribe or tribal ganization (as such terms are defined in sec- ployee of the qualified Indian health pro- organization, or an urban Indian organiza- tion 4 of the Indian Health Care Improve- gram who is licensed or certified to perform tion (as defined in section 4 of the Indian ment Act).’’. such a service to the same extent that such Health Care Improvement Act) under section (b) CONFORMING AMENDMENT.—Section service would be reimbursable if performed 1911, whether directly, by referral, or under 2105(c)(6)(B) of such Act (42 U.S.C. by a physician and any service or supplies contracts or other arrangements between the 1397ee(c)(6)(B)) is amended by inserting ‘‘an furnished as incident to a physician’s service Indian Health Service, Indian tribe or tribal Indian tribe or tribal organization, or an as would otherwise be covered if furnished by organization, or urban Indian organization urban Indian organization (as such terms are a physician or as an incident to a physician’s and another health provider.’’. defined in section 4 of the Indian Health Care service; SEC. 213. INDIAN HEALTH SERVICE PROGRAMS. Improvement Act),’’ after ‘‘Service,’’. ‘‘(B) screening, diagnostic, and therapeutic Section 1911 of the Social Security Act (42 SEC. 222. DIRECT FUNDING OF STATE CHIL- outpatient services including part-time or U.S.C. 1396j) is amended to read as follows: DREN’S HEALTH INSURANCE PRO- intermittent screening, diagnostic, and ‘‘INDIAN HEALTH SERVICE PROGRAMS GRAM. therapeutic skilled nursing care and related ‘‘SEC. 1911. (a) IN GENERAL.—The Indian Title XXI of Social Security Act (42 U.S.C. medical supplies (other than drugs and Health Service, an Indian tribe or tribal or- 1397aa et seq.) is amended by adding at the biologicals), furnished by an employee of the ganization, or an urban Indian organization end the following: qualified Indian health program who is li- (as those terms are defined in section 4 of the ‘‘SEC. 2111. DIRECT FUNDING OF INDIAN HEALTH censed or certified to perform such a service Indian Health Care Improvement Act), shall PROGRAMS. for an individual in the individual’s home or be eligible for reimbursement for medical as- ‘‘(a) IN GENERAL.—The Secretary may in a community health setting under a writ- sistance provided under a State plan by such enter into agreements directly with the In- ten plan of treatment established and peri- entities if and for so long as the Service, In- dian Health Service, an Indian tribe or tribal odically reviewed by a physician, when fur- dian tribe or tribal organization, or urban organization, or an urban Indian organiza- nished to an individual as an outpatient of a Indian organization provides services or pro- tion (as such terms are defined in section 4 of qualified Indian health program; vider types of a type otherwise covered under the Indian Health Care Improvement Act) for ‘‘(C) preventive primary health services as the State plan and meets the conditions and such entities to provide child health assist- described under section 330 of the Public requirements which are applicable generally ance to Indians who reside in a service area Health Service Act, when provided by an em- to the service for which it seeks reimburse- on or near an Indian reservation. Such agree- ployee of the qualified Indian health pro- ment under this title and for services pro- ments may provide for funding under a block gram who is licensed or certified to perform vided by a qualified Indian health program grant or such other mechanism as is agreed such a service, regardless of the location in under section 1880A. upon by the Secretary and the Indian Health which the service is provided; ‘‘(b) PERIOD FOR BILLING.—Notwith- Service, Indian tribe or tribal organization, ‘‘(D) with respect to services for children, standing subsection (a), if the Indian Health or urban Indian organization. Such agree- all services specified as part of the State Service, an Indian tribe or tribal organiza- ments may not be made contingent on the plan under title XIX, the State child health tion, or an urban Indian organization which approval of the State in which the Indians to plan under title XXI, and early and periodic provides services of a type otherwise covered be served reside. screening, diagnostic, and treatment serv- under the State plan does not meet all of the ‘‘(b) TRANSFER OF FUNDS.—Notwith- ices as described in section 1905(r); conditions and requirements of this title standing any other provision of law, a State ‘‘(E) influenza and pneumococcal immuni- which are applicable generally to such serv- may transfer funds to which it is, or would zations; ices submits to the Secretary within 6 otherwise be, entitled to under this title to ‘‘(F) other immunizations for prevention of months after the date on which such reim- the Indian Health Service, an Indian tribe or communicable diseases when targeted; and bursement is first sought an acceptable plan tribal organization or an urban Indian orga- ‘‘(G) the cost of transportation for pro- for achieving compliance with such condi- nization— viders or patients necessary to facilitate ac- tions and requirements, the Service, an In- ‘‘(1) to be administered by such entity to cess for patients.’’. dian tribe or tribal organization, or urban achieve the purposes and objectives of this Subtitle B—Medicaid Indian organization shall be deemed to meet title under an agreement between the State SEC. 211. STATE CONSULTATION WITH INDIAN such conditions and requirements (and to be and the entity; or HEALTH PROGRAMS. eligible for reimbursement under this title), ‘‘(2) under an agreement entered into under Section 1902(a) of the Social Security Act without regard to the extent of actual com- subsection (a) between the entity and the (42 U.S.C. 1396a(a)) is amended— pliance with such conditions and require- Secretary.’’. ments during the first 12 months after the (1) in paragraph (64), by striking ‘‘and’’ at Subtitle D—Authorization of Appropriations the end: month in which such plan is submitted. (2) in paragraph (65), by striking the period ‘‘(c) AUTHORITY TO ENTER INTO AGREE- SEC. 231. AUTHORIZATION OF APPROPRIATIONS. and inserting ‘‘; and’’; and MENTS.—The Secretary may enter into agree- There is authorized to be appropriated (3) by inserting after paragraph (65), the ments with the State agency for the purpose such sums as may be necessary for each of following: of reimbursing such agency for health care fiscal years 2004 through 2015 to carry out ‘‘(66) if the Indian Health Service operates and services provided by the Indian Health this title and the amendments by this title. or funds health programs in the State or if Service, Indian tribes or tribal organiza- TITLE III—MISCELLANEOUS PROVISIONS there are Indian tribes or tribal organiza- tions, or urban Indian organizations, di- SEC. 301. REPEALS. tions or urban Indian organizations (as those rectly, through referral, or under contracts The following are repealed: terms are defined in Section 4 of the Indian or other arrangements between the Indian (1) Section 506 of Public Law 101–630 (25 Health Care Improvement Act) present in Health Service, an Indian tribe or tribal or- U.S.C. 1653 note) is repealed. the State, provide for meaningful consulta- ganization, or an urban Indian organization (2) Section 712 of the Indian Health Care tion with such entities prior to the submis- and another health care provider to Indians Amendments of 1988 is repealed. sion of, and as a precondition of approval of, who are eligible for medical assistance under any proposed amendment, waiver, dem- the State plan.’’. SEC. 302. SEVERABILITY PROVISIONS. onstration project, or other request that Subtitle C—State Children’s Health If any provision of this Act, any amend- would have the effect of changing any aspect Insurance Program ment made by the Act, or the application of of the State’s administration of the State SEC. 221. ENHANCED FMAP FOR STATE CHIL- such provision or amendment to any person plan under this title, so long as— DREN’S HEALTH INSURANCE PRO- or circumstances is held to be invalid, the re- ‘‘(A) the term ‘meaningful consultation’ is GRAM. mainder of this Act, the remaining amend- defined through the negotiated rulemaking (a) IN GENERAL.—Section 2105(b) of the So- ments made by this Act, and the application process provided for under section 802 of the cial Security Act (42 U.S.C. 1397ee(b)) is of such provisions to persons or cir- Indian Health Care Improvement Act; and amended— cumstances other than those to which it is ‘‘(B) such consultation is carried out in (1) by striking ‘‘For purposes’’ and insert- held invalid, shall not be affected thereby. collaboration with the Indian Medicaid Advi- ing the following: SEC. 303. EFFECTIVE DATE. sory Committee established under section ‘‘(1) IN GENERAL.—Subject to paragraph (2), This Act and the amendments made by 415(a)(3) of that Act.’’. for purposes’’; and this Act take effect on October 1, 2003. SEC. 212. FMAP FOR SERVICES PROVIDED BY IN- (2) by adding at the end the following: DIAN HEALTH PROGRAMS. ‘‘(2) SERVICES PROVIDED BY INDIAN PRO- By Ms. COLLINS (for herself, Mr. GRAMS.—Without regard to which option a The third sentence of Section 1905(b) of the GRASSLEY, Mr. BINGAMAN, Mr. Social Security Act (42 U.S.C. 1396d(b)) is State chooses under section 2101(a), the ‘en- COCHRAN, Mr. DASCHLE, Mr. amended to read as follows: hanced FMAP’ for a State for a fiscal year ‘‘Notwithstanding the first sentence of this shall be 100 per cent with respect to expendi- SARBANES, and Mr. SMITH): section, the Federal medical assistance per- tures for child health assistance for services S. 557. A bill to amend the Internal centage shall be 100 per cent with respect to provided through a health program operated Revenue Code of 1986 to exclude from

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.101 S06PT1 S3316 CONGRESSIONAL RECORD — SENATE March 6, 2003 gross income amounts received on ac- jury and serves as a barrier to the just The Indian Health Service is the pri- count of claims based on certain un- settlement of civil rights claims. mary health care delivery system and lawful discrimination and to allow in- Our bill would change the taxation of principal advocate for Indian health come averaging for backpay and awards received by individuals that re- care needs, both on the reservation frontpay awards received on account of sult from judgments in or settlements level and for urban populations. More such claims, and for other purposes; to of employment discrimination cases. than 1.6 million Indian people are the Committee on Finance. First, the bill excludes from gross in- served every year by the IHS, yet the Ms. COLLINS. Mr. President, I rise come amounts awarded other than for agency has not had the necessary re- to introduce the Civil Rights Tax Re- punitive damages and compensation at- sources to fully meet tribal health care lief Act of 2003, a bill designed to pro- tributable to services that were to be needs. The IHS will continue to be mote the fair and equitable settlement performed, known as ‘‘backpay,’’ or challenged by a growing Indian popu- of civil rights claims. I am very pleased that would have been performed but for lation as well as an increasing dis- to be joined today by Senators GRASS- a claimed violation of law by the em- parity between the health status of In- LEY, DASCHLE, BINGAMAN, COCHRAN, and ployer, known as ‘‘frontpay.’’ Second, dian people as compared to other SARBANES. award amounts for frontpay or back- Americans. Thousands of Indian people The primary purpose of this bill is to pay would be included in income, but continue to suffer from the worst imag- remedy an unintended consequence of would be eligible for income averaging inable health care conditions in Indian the Small Business Job Protection Act according to the time period covered country—from diabetes to cancer to in- of 1996, which made damage awards by the award. This correction would fant mortality. In nearly every cat- that are not based on ‘‘physical inju- allow individuals to pay taxes at the egory, the health status of Native ries or physical sickness’’ part of a same marginal rates that would have Americans falls far below the national plaintiff’s taxable income. Because applied to them had they not suffered standard. most acts of employment discrimina- discrimination. Third, the bill would The purpose of this bill is to respond tion and civil rights violations do not change the tax code so that people who to the desire by Indian people for a cause physical injuries, this provision bring civil rights cases are not taxed stronger leadership and policy role has had a direct and negative impact on the portion of any award paid as within the primary health care agency, on plaintiffs who successfully prove fees to their attorney. This provision the Department of Health and Human that they have been subjected to inten- would eliminate the double-taxation of Services. The Assistant Secretary for tional employment discrimination or such fees, which would still be taxable Indian Health will ensure that critical other intentional violations of their income to the attorney. policy and budgetary decisions will be The Civil Rights Tax Relief Act civil rights. made with the full involvement and would encourage the fair settlement of The problem is compounded by the consultation of not only the Indian fact that plaintiffs are now taxed on costly and protracted litigation of em- ployment discrimination claims. Our Health Service, but also the direct in- the entirety of their settlements or volvement of tribal governments. damage awards in civil rights cases, de- legislation would allow both plaintiffs and defendants to settle claims based This legislation is long overdue in spite the fact that a portion of a settle- bringing focus and national attention ment or award must be paid to the on the damages suffered, not on the ex- cessive taxes that are now levied. to the health care status of Indian peo- plaintiff’s attorney, who in turn is ple and fulfilling the Federal trust re- taxed on the same funds. This double Our bill has been endorsed by the U.S. Chamber of Commerce, AARP, the sponsibility toward Indian tribes. Im- taxation of attorneys’ fees awards pe- plementation of this bill is intended to nalizes Americans who win their civil National Employment Lawyers Asso- ciation, the No FEAR Coalition, the support the long-standing policies of rights cases. Indian self-determination and tribal I would like to share one example of Religious Action Committee for Re- form Judaism, the Society for Human self-governance and assist Indian tribes how individuals can be harmed by the who are making positive strides in pro- current taxation scheme, and even dis- Resource Management, and others. This bill is a ‘‘win-win’’ for civil rights viding direct health care to their own couraged from challenging workplace communities. discrimination. The example was plaintiffs and defendant businesses. I Tribal communities are in dire need brought to my attention by David invite my colleagues to join in support of a senior policy official who is knowl- Webbert, an attorney who practices in of this common sense legislation. edgeable about the programs adminis- Augusta, ME—my State’s capital. In By Mr. MCCAIN (for himself, Mr. tered by the IHS and who can provide one of his cases, David represented a BINGAMAN, Mr. CAMPBELL, Mrs. the leadership for the health care needs person who successfully challenged a MURRAY, Mr. JOHNSON, and Mr. of American Indians and Alaska Na- business’ policy of discriminating DOMENICI): tives. We continue to pursue passage of against persons with a particular type S. 558. A bill to elevate the position this legislation as many believe that of disability. As a result of the case, Director of the Indian Health Service the priority of Indian health issues the discriminatory policy was declared within the Department of Health and within the Department should be illegal and was ended. Although the Human Services to Assistant Secretary raised to the highest levels within our plaintiff did not receive any monetary for Indian Health, and for other pur- federal government. damages in the case, the law did pro- poses; to the Committee on Indian Af- I look forward to working with my vide for payment of attorney’s fees, fairs. colleagues on both sides of the aisle which were paid by the defendant’s in- Mr. MCCAIN. Mr. President, I rise to and the Administration to ensure surance company. Because of the cur- introduce legislation to designate the prompt passage of this legislation. I rent law’s double taxation of attor- Director of the Indian Health Service ask unanimous consent that the text of ney’s fees, they were taxable to the as an Assistant Secretary for Indian this bill be printed in the RECORD. plaintiff in this case, despite the fact Health within the Department of There being no objection, the bill was that they were also taxable to the at- Health and Human Services. I’m ordered to be printed in the RECORD, as torney. In short, plaintiffs in civil pleased that my colleagues, Senators follows: rights cases like this could have to pay BINGAMAN, CAMPBELL, MURRAY, JOHN- S. 558 taxes even though they receive no SON, and DOMENICI are joining me in monetary award. Or, in other words, this effort as original co-sponsors. Be it enacted by the Senate and House of Rep- under current law, a plaintiff can actu- The purpose of this legislation is sim- resentatives of the United States of America in ally be penalized financially for bring- ple. It will redesignate the current Di- Congress assembled, ing a meritorious case against a com- rector of the Indian Health Service, SECTION 1. OFFICE OF ASSISTANT SECRETARY FOR INDIAN HEALTH. pany’s discriminatory policies. IHS, as a new Assistant Secretary (a) DEFINITIONS.—In this section: Our bill would eliminate the unfair within the Department of Health and (1) ASSISTANT SECRETARY.—The term ‘‘As- taxation of civil rights victims’ settle- Human Services to be responsible for sistant Secretary’’ means the Assistant Sec- ments and court awards—taxation that Indian health policy and budgetary retary for Indian Health appointed under adds insult to a civil rights victim’s in- matters. subsection (b)(2)(A).

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.102 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3317

(2) DEPARTMENT.—The term ‘‘Department’’ to Indians and Indian tribes, there is estab- the Indian Health Service’’ and inserting means the Department of Health and Human lished within the Public Health Service of ‘‘Assistant Secretary for Indian Health’’. Services. the Department of Health and Human Serv- (D) Section 203(a)(1) of the Rehabilitation (3) OFFICE.—The term ‘‘Office’’ means the ices the Indian Health Service. Act of 1973 (29 U.S.C. 763(a)(1)) is amended by Office of the Assistant Secretary for Indian ‘‘(2) ADMINISTRATION.—The Indian Health striking ‘‘Director of the Indian Health Serv- Health established by subsection (b)(1). Service shall be administered by the Assist- ice’’ and inserting ‘‘Assistant Secretary for (4) SECRETARY.—The term ‘‘Secretary’’ ant Secretary for Indian Health. Indian Health’’. means the Secretary of Health and Human ‘‘(3) DUTIES.—In carrying out paragraph (E) Subsections (b) and (e) of section 518 of Services. (2), the Assistant Secretary shall— the Federal Water Pollution Control Act (33 (b) ESTABLISHMENT.— ‘‘(A) report directly to the Secretary con- U.S.C. 1377) are amended by striking ‘‘Direc- (1) IN GENERAL.—There is established with- cerning all policy- and budget-related mat- tor of the Indian Health Service’’ each place in the Department the Office of the Assist- ters affecting Indian health; it appears and inserting ‘‘Assistant Sec- ant Secretary for Indian Health. ‘‘(B) collaborate with the Assistant Sec- retary for Indian Health’’. (2) ASSISTANT SECRETARY.— retary for Health concerning appropriate (F) Section 317M(b) of the Public Health (A) IN GENERAL.—Except as provided in matters of Indian health that affect the Service Act (42 U.S.C. 247b–14(b)) is amend- subparagraph (B), the Office shall be headed agencies of the Public Health Service; ed— by an Assistant Secretary for Indian Health, ‘‘(C) advise each Assistant Secretary of the (i) by striking ‘‘Director of the Indian to be appointed by the President, by and Department of Health and Human Services Health Service’’ each place it appears and in- with the advice and consent of the Senate. concerning matters of Indian health with re- serting ‘‘Assistant Secretary for Indian (B) CONTINUED SERVICE BY INCUMBENT.—The spect to which that Assistant Secretary has Health’’; and individual serving in the position of Director authority and responsibility; (ii) in paragraph (2)(A), by striking ‘‘the of the Indian Health Service on the day be- ‘‘(D) advise the heads of other agencies and Directors referred to in such paragraph’’ and fore the date of enactment of this Act may programs of the Department of Health and inserting ‘‘the Director of the Centers for serve as Assistant Secretary at the pleasure Human Services concerning matters of In- Disease Control and Prevention and the As- of the President after the date of enactment dian health with respect to which those sistant Secretary for Indian Health’’. of this Act. heads have authority and responsibility; (G) Section 417C(b) of the Public Health (3) DUTIES.—The position of Assistant Sec- ‘‘(E) coordinate the activities of the De- Service Act (42 U.S.C. 285–9(b)) is amended by retary is established to, in a manner con- partment of Health and Human Services con- striking ‘‘Director of the Indian Health Serv- sistent with the government-to-government cerning matters of Indian health; and ice’’ and inserting ‘‘Assistant Secretary for relationship between the United States and ‘‘(F) perform such other functions as the Indian Health’’. Indian tribes— Secretary may designate.’’. (H) Section 1452(i) of the Safe Drinking (A) facilitate advocacy for the develop- (f) CONFORMING AMENDMENTS.— Water Act (42 U.S.C. 300j–12(i)) is amended by ment of appropriate Indian health policy; (1) AMENDMENTS TO INDIAN HEALTH CARE IM- striking ‘‘Director of the Indian Health Serv- and PROVEMENT ACT.—The Indian Health Care ice’’ each place it appears and inserting ‘‘As- (B) promote consultation on matters relat- Improvement Act is amended— sistant Secretary for Indian Health’’. ing to Indian health. (A) in section 601 (25 U.S.C. 1661)— (I) Section 803B(d)(1) of the Native Amer- (c) ASSISTANT SECRETARY FOR INDIAN (i) in subsection (c), by striking ‘‘Director ican Programs Act of 1974 (42 U.S.C. 2991b– HEALTH.—In addition to the functions per- of the Indian Health Service’’ each place it 2(d)(1)) is amended in the last sentence by formed as of the date of enactment of this appears and inserting ‘‘Assistant Secretary striking ‘‘Director of the Indian Health Serv- Act by the Director of the Indian Health for Indian Health’’; and ice’’ and inserting ‘‘Assistant Secretary for Service, the Assistant Secretary shall— (ii) in subsection (d)(1), by striking ‘‘Direc- Indian Health’’. (1) report directly to the Secretary con- tor of the Indian Health Service’’ and insert- (J) Section 203(b) of the Michigan Indian cerning all policy- and budget-related mat- ing ‘‘Assistant Secretary for Indian Health’’; Land Claims Settlement Act (Public Law ters affecting Indian health; and 105–143; 111 Stat. 2666) is amended by striking (2) collaborate with the Assistant Sec- (B) in section 816(c)(1) (25 U.S.C. ‘‘Director of the Indian Health Service’’ and retary for Health concerning appropriate 1680f(c)(1)), by striking ‘‘Director of the In- inserting ‘‘Assistant Secretary for Indian matters of Indian health that affect the dian Health Service’’ and inserting ‘‘Assist- Health’’. agencies of the Public Health Service; ant Secretary for Indian Health’’. (g) REFERENCES.—Any reference to the Di- (3) advise each Assistant Secretary of the (2) AMENDMENTS TO OTHER PROVISIONS OF rector of the Indian Health Service in any Department concerning matters of Indian LAW.— other Federal law, Executive order, rule, reg- health with respect to which that Assistant (A) Section 3307(b)(1)(C) of the Children’s ulation, or delegation of authority, or in any Secretary has authority and responsibility; Health Act of 2000 (25 U.S.C. 1671 note; Public document of or relating to the Director of (4) advise the heads of other agencies and Law 106–310) is amended by striking ‘‘Direc- the Indian Health Service, shall be deemed programs of the Department concerning tor of the Indian Health Service’’ and insert- to refer to the Assistant Secretary. matters of Indian health with respect to ing ‘‘Assistant Secretary for Indian Health’’. which those heads have authority and re- (B) The Indian Lands Open Dump Cleanup By Mr. CAMPBELL: sponsibility; Act of 1994 is amended— (5) coordinate the activities of the Depart- (i) in section 3 (25 U.S.C. 3902)— S. 559. A bill to amend title 49, ment concerning matters of Indian health; (I) by striking paragraph (2); United States Code, to permit an indi- and (II) by redesignating paragraphs (1), (3), (4), vidual to operate a commercial motor (6) perform such other functions as the (5), and (6) as paragraphs (4), (5), (2), (6), and vehicle solely within the borders of a Secretary may designate. (1), respectively, and moving those para- State if the individual meets certain (d) RATE OF PAY.— graphs so as to appear in numerical order; (1) POSITIONS AT LEVEL IV.—Section 5315 of minimum standards prescribed by the and title 5, United States Code, is amended by State, and for other purposes; to the (III) by inserting before paragraph (4) (as striking ‘‘Assistant Secretaries of Health Committee on Commerce, Science, and redesignated by subclause (II)) the following: and Human Services (6).’’ and inserting ‘‘As- ‘‘(3) ASSISTANT SECRETARY.—The term ‘As- Transportation. sistant Secretaries of Health and Human sistant Secretary’ means the Assistant Sec- Mr. CAMPBELL. Mr. President, Services (7).’’. retary for Indian Health.’’; today I am introducing the Commer- (2) POSITIONS AT LEVEL V.—Section 5316 of (ii) in section 5 (25 U.S.C. 3904), by striking title 5, United States Code, is amended by cial Driver’s License Devolution Act of the section heading and inserting the fol- striking ‘‘Director, Indian Health Service, 2003. This bill is identical to that which lowing: Department of Health and Human Serv- I introduced in the 107th Congress as a ices.’’. ‘‘SEC. 5. AUTHORITY OF ASSISTANT SECRETARY companion bill to language originally FOR INDIAN HEALTH.’’; (e) DUTIES OF ASSISTANT SECRETARY FOR brought to the floor of the House of (iii) in section 6(a) (25 U.S.C. 3905(a)), in the INDIAN HEALTH.—Section 601 of the Indian Representatives by my friend from Health Care Improvement Act (25 U.S.C. subsection heading, by striking ‘‘DIRECTOR’’ North Carolina, Representative HOW- 1661) is amended by striking the section and inserting ‘‘ASSISTANT SECRETARY’’; heading and all that follows through sub- (iv) in section 9(a) (25 U.S.C. 3908(a)), in the ARD COBLE. section (a) and inserting the following: subsection heading, by striking ‘‘DIRECTOR’’ I believe it is no secret to my col- ‘‘SEC. 601. ESTABLISHMENT OF THE INDIAN and inserting ‘‘ASSISTANT SECRETARY’’; and leagues here in the Senate, that I sup- HEALTH SERVICE AS AN AGENCY OF (v) by striking ‘‘Director’’ each place it ap- port small business and returning THE PUBLIC HEALTH SERVICE. pears and inserting ‘‘Assistant Secretary’’. power to the States. The traditional, ‘‘(a) ESTABLISHMENT.— (C) Section 5504(d)(2) of the Augustus F. ‘‘(1) IN GENERAL.—In order to more effec- Hawkins–Robert T. Stafford Elementary and one-size-fits-all approach to governing tively and efficiently carry out the respon- Secondary School Improvement Amend- has done more harm than good, and sibilities, authorities, and functions of the ments of 1988 (25 U.S.C. 2001 note; Public Law this bill is an attempt to remedy some United States to provide health care services 100–297) is amended by striking ‘‘Director of of that.

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.103 S06PT1 S3318 CONGRESSIONAL RECORD — SENATE March 6, 2003 This legislation will give States the SEC. 2. INTRASTATE OPERATION OF COMMER- field. This loophole in our tariff sched- option to establish their own commer- CIAL MOTOR VEHICLES. ule allows certain heavily subsidized (a) IN GENERAL.—Paragraph (1) of section cial driver’s license, CDL, require- 31305(b) of title 49, United States Code, is foreign dairy products nearly unfet- ments for intrastate drivers. It will re- amended— tered access to our dairy markets, turn power to the States by giving (1) by striking ‘‘paragraph (2)’’ and insert- hurting the American dairy farmers. them the option to license intrastate ing ‘‘paragraphs (2) and (3)’’; and As I travel across Wisconsin, I have drivers of commercial motor vehicles (2) by adding at the end the following: heard from any dairy farmers who are based upon testing standards deter- ‘‘(3) An individual may operate a commer- struggling to stay in business. Many of mined by the individual States. And I cial motor vehicle solely within the borders these farmers are concerned about the stress, it will be an ‘‘option.’’ of a State if the individual— flood of unfair imports that are hurting ‘‘(A) meets the minimum standards pre- I want to emphasize that this legisla- scribed under the laws of that State for en- our American dairy markets. tion is not a Federal mandate imposed suring the fitness of an individual to operate In March of 2001, the General Ac- on States. States that choose not to a commercial motor vehicle; and counting Office, GAO, released a report participate would remain under Fed- ‘‘(B) has passed written and driving tests that highlighted the increase of milk eral guidelines. A State that chooses to to operate a commercial motor vehicle that protein concentrates coming into this exercise this option would in no way meet the minimum standards prescribed country under outdated trade laws. under the laws of that State.’’. diminish the role of the CDL in the The report pointed to a loophole in our (b) REQUIREMENTS FOR STATE PARTICIPA- trade laws that has resulted in in- long-haul trucking industry. Addition- TION.—Section 31311(a) of such title is ally, this legislation effectively pre- amended— creased imports of blended dairy pro- cludes two or more States from using (1) in paragraph (1)— teins. The importing of blended dairy this option as the basis for an inter- (A) by striking ‘‘with’’ and inserting ‘‘with proteins is being done solely for the state compact. either’’; and purpose of avoiding the U.S. tariff rate As I am sure my colleagues are (B) by striking ‘‘under section 31305(a)’’ quota for nonfat dry milk. and inserting ‘‘or by the State under section The GAO study determined that MPC aware, the Commercial Motor Vehicle 31305’’; and imports surged by more than 600 per- Safety Act of 1986, CMVSA, required (2) in paragraph (2), by striking ‘‘the min- cent in the six years before the report States to establish a new and uniform imum standards’’ and inserting ‘‘either the was released. MPC imports lower prices program of testing and licensure for all minimum standards prescribed by the Sec- for U.S. dairy farmers by displacing operators of commercial vehicles both retary of Transportation or by the State sales of domestic dairy products. intra and interstate. The principal ob- under section 31305 of this title’’. Since I have received the results jectives of the Act have been met, and By Mr. CRAIG (for himself, Mr. from the General Accounting Office would not be harmed by this legisla- DAYTON, Mr. COLEMAN, Mr. study that reported this loophole in tion I’m introducing here today. LEAHY, Mr. BOND, Mr. BINGA- U.S. trade laws, I have participated in I have no issue with the CMVSA. It is MAN, Ms. SNOWE, Mrs. LINCOLN, a bipartisan effort to amend this loop- a good law, and at the time the provi- Mr. SHELBY, Mr. JEFFORDS, Mr. hole, so that we may protect our dairy sions it contained were necessary and DOMENICI, Mr. LEVIN, Ms. COL- farmers from unfair trade practices and timely for improving the standards of LINS, Mr. JOHNSON, Mr. SPEC- help them in the struggle to farm on performance for long-haul truck driv- TER, Mr. FEINGOLD, and Mr. such an unfair playing field. ers in this country. However, I, like my KOHL): This bill would close this loophole by counterpart in the House, believe the S. 560. A bill to impose tariff-rate regulating milk protein concentrate CMVSA was imposed upon intrastate quotas on certain casein and milk pro- imports in the same manner all other commerce where the operation of tein concentrates; to the Committee on dairy import products are regulated. It trucks may be a small but necessary Finance. would correct a loophole that exists in part of an individual’s job. Therefore, Mr. FEINGOLD. Mr. President, I am U.S. trade law that is contributing to the reality was that Washington im- pleased today to show my support for such low dairy prices experienced in posed its will on thousands of small the Milk Import Tariff Equity Act of my state of Wisconsin and across the businesses across this country who 2003 by being an original cosponsor of Nation. aren’t involved in long-haul trucking Senator CRAIG’S bill. This legislation This loophole depresses the price of and we expected them to adjust to any will prevent foreign dairy products milk for farmers, costs U.S. taxpayers circumstance that might arise. That’s from continuing to circumvent U.S. money, and gives foreign dairy pro- unfair and not what government is sup- trade laws. ducers an unfair advantage over our posed to be about. Currently, milk protein concentrate, own dairy farmers. It is time for this When you have conditions such as MPC, is not subject to the same quotas Congress to stand behind our farmers these, I believe it should be within a required of other dairy products. For- and that is why I support the Milk Im- State’s discretion to determine what eign dairy producers have begun ex- port Tariff Equity Act of 2003. kind of commercial vehicle licensure ploiting this loophole by blending pre- Mr. LEAHY. Mr. President, I am and testing is required for commerce viously processed dairy proteins with pleased to join my colleagues Senator taking place solely within its borders. nonfat dry milk to boost its protein MARK DAYTON and Senator LARRY This legislation is important to our content so that it qualifies as milk pro- CRAIG in introducing the bipartisan nation’s small businesses, especially tein concentrate. This allows the milk Milk Import Tariff Equity Act. Our bill those dependent upon commercial protein concentrate to circumvent any will prevent importers of dairy prod- truck travel, which means it’s impor- laws that would subject the imports to ucts from circumventing U.S. trade tant to the consumers. I urge my col- tariff rate quotas. laws. leagues in the Senate to support it. The result has been a flood of foreign Although I opposed it at the time, I ask unanimous consent that the dairy blends being imported in the U.S. during the Uruguay Round multilat- text of the bill be printed in the market, displacing sales of domestic eral trade negotiations, the United States agreed to allow a substantial in- RECORD. dairy products and lowering prices for American dairy farmers. crease in dairy product imports into There being no objection, the bill was As milk prices are at historic lows, this country. Tariff rate quotas were ordered to be printed in the RECORD, as down about 38 percent from prices last established to allow imports of most follows: year, this flood of foreign dairy prod- dairy products to rise from an average S. 559 ucts has put a strain on many of the of 2 percent of domestic consumption Be it enacted by the Senate and House of Rep- dairy farmers in my State of Wis- to as much as five percent. At least ini- resentatives of the United States of America in consin. tially, these controls appeared to be ef- Congress assembled, Since many of the blended products fective. But foreign competitors have SECTION 1. SHORT TITLE. imported into this country are heavily found ways to circumvent these quotas This Act may be cited as the ‘‘Commercial subsidized, American farmers are by adjusting the protein content of Driver’s License Devolution Act of 2003’’. forced to compete on an unfair playing nonfat dry milk so that it is classified

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.104 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3319 by the U.S. Customs Service as milk ity to allocate and administer water are within the Ninth Circuit’s jurisdic- protein concentrate, MPC. While non- within their borders. The Supreme tion have had to contend with the fat dry milk imports are strictly regu- Court has confirmed that this is an ap- court’s idiosyncratic jurisprudence for lated, there are no quotas on MPCs and propriate role for the States. Addition- decades. duties are low. ally, in 1952, the Congress passed the One should not be surprised that the A recent GAO study requested by McCarran amendment which provides full Ninth Circuit refused to reconsider Congress determined that MPC imports for the adjudication of State and Fed- this ill-conceived decision. The recent surged by more than 600 percent over a eral Water claims in State water history of the court suggests a judicial six year period. MPC imports lower courts. activism that is close to the fringe of prices for U.S. dairy farmers by dis- However, despite both judicial and legal reasoning. And it is for that rea- placing sales of nonfat dry milk. Ac- legislative edicts, I am deeply con- son that the Ninth Circuit has, by far, cording to the GAO study, some ex- cerned that the administration, Fed- the highest reversal rate in the coun- porters are blending previously proc- eral agencies, and some in the Congress try. During the 1990s, almost 90 percent essed dairy proteins, such as casein, are setting the stage for ignoring long of cases from the Ninth Circuit re- whey and nonfat dry milk into MPC established statutory provisions con- viewed by the Supreme Court were re- solely for the purpose of avoiding the cerning State water rights and State versed. In 1997, a startling 27 of the 28 U.S. tariff rate quota for nonfat dry water contracts. The Endangered Spe- cases brought before the Supreme milk. This practice, specifically cited cies Act, the Clean Water Act, the Fed- Court were reversed—two-thirds by a in the GAO report, circumvents statu- eral Land Policy Management Act, and unanimous vote. tory U.S. trade provisions designed to wilderness designations have all been Over the last three years, one-third regulate imports of nonfat dry milk vehicles used to erode State sov- of all cases reversed by the Supreme powder. ereignty over its water. Court came from the 9th Circuit. It is time to close this loophole. It is imperative that States maintain That’s three times the number of re- Under our bill, MPCs would be regu- sovereignty over management and con- versals for the next nearest circuit. lated in the same manner as all other trol of their water and river systems. And 33 times higher than the reversal dairy products: by imposing tariff-rate All rights to water or reservations of rate for the 10th Circuit quotas on MPC imports. This legisla- rights for any purposes in States Last November, on a single day, the tion also closes a similar loophole that should be subject to the substantive Supreme Court summarily and unani- exists for casein used in the production and procedural laws of that State, not mously reversed three Ninth Circuit of food or feed, while continuing to the Federal Government. To protect decisions. In one of those three cases, allow unrestricted access for imports of State water rights, I am introducing the Supreme Court ruled that the cir- casein used in the manufacture of glues the State Water Sovereignty Protec- cuit had overreached its authority and and for other industrial purposes. tion Act. stated that the Court ‘‘exceed[ed] the Most Americans probably don’t real- The State Water Sovereignty Protec- limits imposed on federal habeas re- ize it, because retail fluid milk prices tion Act provides that whenever the view substitut[ing] its own judgment have hardly changed, but dairy farmers United States seeks to appropriate for that of the state court.’’ in Vermont and across this Nation are water or acquire a water right, it will One of the reasons the Ninth Circuit really struggling. Farm-gate milk be subject to State procedural and sub- is reversed so often is because the cir- prices have fallen more than 30 percent stantive water law. The Act further cuit has become too large and un- over the past 18 months and are now at holds that States control the water wieldy. The Circuit serves a population the lowest levels in 25 years. Even the within their boundaries and that the of more than 54 million people, almost most efficient producers are unable to Federal Government may exercise 60 percent more than are served by the make a profit at these prices. Prices management or control over water next largest circuit. By 2010, the Cen- are low in part due to these imports. only in compliance with State law. Fi- sus Bureau estimates that the Ninth Others will argue that MPC imports nally, in any administrative or judicial Circuit’s population will be more than represent just a small fraction of U.S. proceeding in which the United States 63 million. milk production. But when you are participates pursuant to the McCarran According to the Administrative Of- dealing with a perishable commodity Amendment, the United States is sub- fice of the U.S. Courts, the Ninth Cir- like milk, even a slight increase in sup- ject to all costs and fees to the same cuit alone accounts for more than 60 ply can have a dramatic effect on extent as costs and fees may be im- percent of all appeals pending for more prices. posed on a private party. than a year. And with its huge case- Closing the MPC loophole is one of load, the judges on the Court just do the most important steps we can take By Ms. MURKOWSKI (for herself, not have the opportunity to keep up to help our nation’s dairy farmers. I Mr. STEVENS, Mr. BURNS, Mr. with decisions within the circuit, let commend Senators DAYTON and CRAIG CRAIG, Mr. CRAPO, Mr. INHOFE, alone decisions from other circuits for their leadership on this issue, and I and Mr. SMITH): Another problem unique to the Ninth urge my colleagues to join me in co- S. 562. A bill to amend chapter 3 of Circuit is that it never speaks with one sponsoring this important legislation. title 28, United States Code, to divide voice. All other circuits sit as one enti- the Ninth Judicial Circuit of the ty to hear full-court, en banc, cases. By Mr. CRAPO (for himself, Mr. United States into 2 circuits, and for The Ninth Circuit sits in panels of 11. ENZI, Mr. CRAIG, Mr. DOMENICI, other purposes; to the Committee on Clearly, such a procedure injects un- Mr. BURNS, and Mr. SMITH): the Judiciary. necessary randomness into decisions. If S. 561. A bill to preserve the author- Ms. MURKOWSKI. Mr. President, an en banc case is decided 6 to 5, there ity of States over water within their earlier this week, the Senate, in a 94–0 is no reason to think it represents the boundaries, to delegate to States the vote, went on record expressing its views of the majority of the court’s 24 authority of Congress to regulate unanimous opposition to last week’s active members. water, and for other purposes; to the decision by the Ninth Circuit Court of In fact, some commentators believe a Committee on the Judiciary. Appeals refusing to review a three- majority of the 24 members of the Mr. CRAPO. Mr. President, I rise to judge panel ruling that bars children in court may have disagreed with the introduce the State Water Sovereignty public schools from voluntarily recit- Pledge decision, but were concerned Protection Act, a bill to preserve the ing the Pledge of Allegiance. that a random pick of 11 members of authority of the States over waters The Pledge decision rendered by the the Court to hear the case, en banc, within their boundaries, to delegate court is not an aberration. It is symp- might have resulted in the decision the authority of the Congress to the tomatic of a court that has become being affirmed. States to regulate water, and for other dysfunctional and out-of-touch with It is inconceivable to me that a cir- purposes. American jurisprudence, common cuit court could render a decision Since 1866, Congress has recognized sense, and constitutional values. Un- based on its concern about the poten- and deferred to the States the author- fortunately, citizens in the states that tial makeup of an en banc panel. What

VerDate Jan 31 2003 03:58 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.107 S06PT1 S3320 CONGRESSIONAL RECORD — SENATE March 6, 2003 kind of jurisprudence is that? Citizens consideration the time has indeed regional identity. In spite of efforts to in no other circuit face that type of come.’’ modernize the administration of the coin-flip justice. That is fundamentally In 1997, Congress commissioned a re- Ninth Circuit, its size works against unfair to every single one of the 54 mil- port on structural alternatives for the the original purpose of its creation: the lion people who live within the juris- Federal courts of appeals. The Commis- uniform, coherent and efficient devel- diction of the Ninth Circuit and is rea- sion, chaired by former Supreme Court opment and application of Federal law son alone to restructure the circuit. Justice Byron R. White, found numer- in the region. Establishing a circuit It is time that Congress finally faces ous faults within the Ninth Circuit and comprised solely of States in the the fact that the Ninth Circuit is no recommended major reforms and a fun- Northwest region would adhere to Con- longer a viable and functioning circuit. damental reorganization of the Circuit. gressional intent. And the State of Ha- It is for that reason that I am today in- On the day my legislation is enacted waii should rightfully be included in troducing the Ninth Circuit Court of into law, the concerns of the White this circuit, for like Alaska, there are Appeals Reorganization Act of 2003. I Commission will be addressed. A more unique issues that are faced by the two am pleased to be joined in this effort cohesive, efficient, and predictable ju- States that are not part of the contig- by Senators, STEVENS, BURNS, CRAIG, diciary will emerge. uous lower 48. CRAPO, INHOFE, and SMITH. Many who oppose legislation to reor- A new Twelfth Circuit, comprised of The bill we are introducing today ganize the Ninth Circuit, contend that states of the Pacific Northwest, would would divide the Ninth Circuit into two all the Circuit needs is the appropria- respect the economic, historical, cul- independent circuits. The restructured tion of more Federal dollars for more tural and legal ties which philosophi- Ninth Circuit would contain California, Federal judges. However, I do not be- cally unite this region. and Nevada. A new Twelfth Circuit lieve more money will solve the inher- No single Court can effectively exer- would be composed of Alaska, Hawaii, ent problems that exist in a circuit of cise its power in an area that extends Arizona, Idaho, Montana, Oregon, such magnitude. As former Senator from the Arctic Circle to the tropics. Washington, Guam, and the Northern and Alabama Supreme Court Chief Jus- Legislation dividing the Ninth Circuit Mariana Islands. tice, Howell Heflin, a Democrat from will create a regional commonality Earlier I indicated a number of rea- Alabama, remarked after Congress di- that will lead to greater uniformity sons why I believe the Circuit needs to vided the former Fifth Circuit: ‘‘con- and consistency in the development of be reorganized. Let us not forget the gress recognized that a point is reached federal law, and will ultimately scope of this circuit and the 54 million where the addition of judges decreases strengthen the constitutional guar- people who live within it. The Ninth the effectiveness of the court, com- antee of equal justice for all. Circuit extends from the Arctic Circle plicates the administration of uniform It is my hope that this Congress will to the Mexican border, spans the trop- law, and potentially diminishes the finally approve this necessary reorga- ics of Hawaii and across the Inter- quality of justice within a Circuit.’’ in nization. It is long overdue. national Dateline to Guam and the the case of the Ninth Circuit, there can I ask unanimous consent that the Mariana Islands. Encompassing some be little doubt that we are at that text of my bill be printed in the 14 million square miles, the Ninth Cir- point in time that former Senator Hef- RECORD. cuit, by any means of measure, is the lin cited. largest of all U.S. Circuit Courts of Ap- Former Oregon Senator Bob Pack- There being no objection, the bill was peal. It is larger than the First, Sec- wood believed that a Ninth Circuit ordered to be printed in the RECORD, as ond, Third, Fourth, Fifth, Sixth, Sev- split would enable judges to achieve a follows: enth and Eleventh Circuits combined! greater mastery of applicable, but S. 562 Moreover, because of the sheer mag- unique, State law and State issues. He Be it enacted by the Senate and House of Rep- nitude of cases brought before the believed such mastery was necessary resentatives of the United States of America in Court, citizens within the court’s juris- because ‘‘burgeoning conflicts in the Congress assembled, diction face unprecedented delays in area of natural resources and the con- SECTION 1. SHORT TITLE. getting their cases heard. Whereas the tinuing expansion of international This Act may be cited as the ‘‘Ninth Cir- national average time to get a final trade efforts will all expand the de- cuit Court of Appeals Reorganization Act of disposition of an appellate case is near- mand for judicial excellence . . . By re- 2003’’. ly 11 months, an appeal in the Ninth forming our courts now, they will be SEC. 2. DEFINITIONS. Circuit takes nearly 50 percent better able to dispense justice in a fair In this Act: longer—almost one year and four and expeditious manner.’’ (1) FORMER NINTH CIRCUIT.—The term months. I agree with the former Senator. The ‘‘former ninth circuit’’ means the ninth judi- This is not the first time that Con- uniqueness of the Northwest, and in cial circuit of the United States as in exist- gress has recognized that the Ninth particular, Alaska, cannot be over- ence on the day before the effective date of this Act. Circuit needs restructuring. Numerous stated. An effective appellate process (2) NEW NINTH CIRCUIT.—The term ‘‘new proposals to divide the Ninth Circuit demands mastery of State law and ninth circuit’’ means the ninth judicial cir- were debated in Congress even before State issues relative to the geographic cuit of the United States established by the World War II. land mass, population and native cul- amendment made by section 3(2)(A). In 1973, the Congressional Commis- tures that are unique to the relevant (3) TWELFTH CIRCUIT.—The term ‘‘twelfth sion on the Revision of the Federal region. Presently, California is respon- circuit’’ means the twelfth judicial circuit of Court of Appellate System Commis- sible for almost 50 percent of the appel- the United States established by the amend- sion, commonly known as the Hruska late court’s filings, which means that ment made by section 3(2)(C). Commission, recommended that the California judges and California judi- SEC. 3. NUMBER AND COMPOSITION OF CIR- Ninth Circuit be divided. Also that cial philosophy dominate judicial deci- CUITS. year, the American Bar Association sions on issues that are fundamentally Section 41 of title 28, United States Code, is amended— adopted a resolution in support of di- unique to the Pacific Northwest. This (1) in the matter before the table, by strik- viding the Ninth Circuit. need for greater regional representa- ing ‘‘thirteen’’ and inserting ‘‘fourteen’’; and In 1995, a bill was reported from the tion is demonstrated by the fact that (2) in the table— Senate Judiciary Committee in which the East Coast is comprised of five Fed- (A) by striking the item relating to the Chairman ORRIN HATCH of Utah de- eral circuits. A division of the Ninth ninth circuit and inserting the following: clared in his Committee’s report that Circuit will enable judges, lawyers and ‘‘Ninth ...... California, Nevada.’’; the time for a split had arrived: ‘‘The parties to master a more manageable (B) by inserting between the last 2 items legislative history, in conjunction with and predictable universe of relevant the following: available statistics and research con- case law. ‘‘Twelfth .... Alaska, Arizona, Guam, cerning the Ninth Circuit, provides an Further, a division of the Ninth Cir- Hawaii, Idaho, Montana, ample record for an informed decision cuit would honor Congress’ original in- Northern Mariana Is- at this point as to whether to divide tent in establishing appellate court lands, Oregon, Wash- the Ninth Circuit . . . Upon careful boundaries that respect and reflect a ington.’’.

VerDate Jan 31 2003 05:34 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.089 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3321 SEC. 4. NUMBER OF CIRCUIT JUDGES. new ninth circuit and the twelfth circuit a report, ‘‘Cable Mergers, Monopoly The table in section 44(a) of title 28, United may meet in either circuit’s jurisdiction. Power and Price Increases,’’ which doc- States Code, is amended— SEC. 10. EFFECTIVE DATE. uments the most recent steep rate in- (1) by striking the item relating to the This Act and the amendments made by creases imposed by cable operators. ninth circuit and inserting the following: this Act shall become effective on October 1, ‘‘Ninth ...... 25’’; 2003. The report noted, for instance, that (2) by inserting between the last 2 items cable rates in Baton Rouge soared 7 the following: By Ms. LANDRIEU (for herself, percent last November. This was typ- ‘‘Twelfth ...... 13.’’ Mr. SUNUNU, Mr. BURNS, Mr. ical of rate increases throughout the SEC. 5. PLACES OF CIRCUIT COURT. DODD, Mr. GREGG, Mrs. country. The table in section 48(a) of title 28, United HUTCHISON, Mr. INOUYE, Mr. According to the most recent data States Code, is amended— JEFFORDS, Mr. LEAHY, Mr. from the Bureau of Labor Statistics, (1) by striking the item relating to the LIEBERMAN, Mr. LOTT, Ms. MI- cable rates rose 11.4 percent in just the ninth circuit and inserting the following: KULSKI, Mr. KENNEDY, Mr. MIL- last two years. This compares to a 3.8 ‘‘Ninth ...... San Francisco, Los Ange- LER, Mr. DORGAN, and Mr. percent increase in the Consumer Price les.’’; KERRY): Index over the same period. According and S. 564. A bill to facilitate the deploy- to the FCC, just one percent of cable (2) by inserting between the last 2 items at ment of wireless telecommunications communities enjoy ‘‘effective competi- the end the following: networks I order to further the avail- tion.’’ I submit that this startling lack ‘‘Twelfth .... Portland, Seattle.’’. ability of the Emergency Alert System, of competition, more than anything SEC. 6. ELECTION OF ASSIGNMENT BY CIRCUIT and for other purposes; to the Com- else, explains why local cable rates JUDGES. mittee on Commerce, Science, and have increased at three times the infla- (a) IN GENERAL.—Except as provided in Transportation. tion rate. subsection (b) and notwithstanding section Ms. LANDRIEU. Mr. President, today 44(c) of title 28, United States Code, each cir- If MVDDS can go head-to-head with cuit judge who is in regular active service, I rise to introduce the Emergency Com- incumbent cable systems in all parts of and each judge who is a senior judge, of the munications and Competition Act, the country, I believe that this good former ninth circuit on the day before the ef- ECCA, along with my colleague from old fashioned competition will result in fective date of this Act may elect to be as- New Hampshire, Senator Sununu. We lower prices and better service for con- signed to the new ninth circuit or to the are joined by twelve of our colleagues, sumers—even for those who don’t twelfth circuit and shall notify the Director led by Senator BURNS, the distin- of the Administrative Office of the United choose to subscribe to MVDDS. guished chairman of the Commerce Rural organizations recognize the ex- States Courts of such election. Communications Subcommittee, as SEC. 7. SENIORITY OF JUDGES. traordinary opportunity this new wire- The seniority of each judge who elects to well as Senators DODD, GREGG, less technology can offer rural Ameri- be assigned under section 6 shall run from HUTCHISON, INOUYE, JEFFORDS, LOTT, cans. They understand that the FCC’s the date of commission of such judge as a KENNEDY, LEAHY, LIEBERMAN, MIKUL- Order, which authorized MVDDS, will judge of the former ninth circuit. SKI, and MILLER. likely fail to ensure this new tech- The bill we introduce today is iden- SEC. 8. APPLICATION TO CASES. nology will indeed adequately serve (a) IN GENERAL.—The provisions of the fol- tical to S. 2922, the measure which Sen- rural America. lowing paragraphs of this subsection apply ator BURNS and I co-authored in the Local television broadcasters support to any case in which, on the day before the 107th Congress. I was very pleased and this measure because it will ensure effective date of this Act, an appeal or other grateful for the tremendous support proceeding has been filed with the former consumers in their markets can view this legislation received from local tel- ninth circuit: all local television stations. Today, evision broadcasters and a wide range (1) If the matter has been submitted for de- satellite operators DirecTV and of public interest groups that speak for cision, further proceedings in respect of the EchoStar do not carry over 1,000 local consumers, minority groups, rural matter shall be had in the same manner and TV channels—and no stations from ten with the same effect as if this Act had not Americans, health care, public safety, States: Alaska, Arkansas, Idaho, been enacted. and property rights. (2) If the matter has not been submitted This bill will ensure that consumers Maine, Montana, Mississippi, North for decision, the appeal or proceeding, to- will soon be able to avail themselves of and South Dakota, West Virginia, and gether with the original papers, printed an innovative new wireless technology Wyoming. As you know, the satellite records, and record entries duly certified, that has been approved by the Federal operators sought to merge so that they shall, by appropriate orders, be transferred would have sufficient capacity to carry to the court to which the matter would have Communications Commission. It is called the Multichannel Video Dis- all local TV stations, but federal regu- been submitted had this Act been in full lators rejected the merger on anti- force and effect at the time such appeal was tribution and Data Service, MVDDS, a taken or other proceeding commenced, and title which accurately describes what competitive grounds. further proceedings in respect of the case this new service will provide con- The Emergency Communications and shall be had in the same manner and with sumers: cable competition and high Competition Act, which we are re-in- the same effect as if the appeal or other pro- speed access to the Internet. troducing today, will restore fairness ceeding had been filed in such court. As I indicated in my introductory re- in the FCC licensing process, and in so (3) A petition for rehearing or a petition marks to S. 2922 last September, unless doing, speed the deployment of MVDDS for re-hearing en banc in a matter decided to applicants that are ready to launch before the effective date of this Act, or sub- Congress enacts this legislation, it may mitted before the effective date of this Act be years before MVDDS is actually de- service to the public now. and decided on or after the effective date as ployed to the public. That would be a The bill provides that MVDDS appli- provided in paragraph (1), shall be treated in lost opportunity for consumers. We cants will be licensed in the same man- the same manner and with the same effect as need to improve our communications ner as satellite companies who applied though this Act had not been enacted. If a infrastructure, not only for greater ac- on the same day to share the same petition for rehearing en banc is granted, the cess to cable and the Internet, but also spectrum. Currently, the FCC plans to matter shall be reheard by a court comprised subject only MVDDS applicants to an as though this Act had not been enacted. for public safety purposes. MVDDS auction process. This would impose a SEC. 9. ADMINISTRATION. technology can address all of these (a) ACTIONS.—The former ninth circuit as needs, and we should remove unneces- discriminatory tax on an innovative constituted on the day before the effective sary and counterproductive regulatory new technology. Unfortunately, this is date of this Act may take such administra- obstacles that prevent its swift deploy- more of the same burdensome regula- tive actions as may be required to carry out ment. tion that I believe has contributed to this Act and the amendments made by this The Consumers Union, like many, the collapse of the telecommunications Act. has supported ECCA because it will sector. Government regulation is nec- (b) TERMINATION.—The former ninth circuit help ensure that competition rapidly essary, certainly, but we must be shall cease to exist for administrative pur- poses on July 1, 2005. emerges for video programming as well smart in how we regulate business. We (c) MEETINGS.—During the 10 years fol- as high speed Internet services. Earlier must ensure that our laws and regula- lowing the date of enactment of this Act, the this year, the Consumers Union issued tions are technologically neutral so

VerDate Jan 31 2003 05:34 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.109 S06PT1 S3322 CONGRESSIONAL RECORD — SENATE March 6, 2003 that government policies don’t replace emergencies strike, the need for public (1) NON-INTERFERENCE WITH DIRECT BROAD- the role of the marketplace in deter- safety personnel to communicate with CAST SATELLITE SERVICE.—A license may be mining the fate of consumer products one another skyrockets. MVDDS wire- granted under this section only if operations and services. less networks, which will be deployed under the license will not cause harmful in- In an Order released last month, the terference to direct broadcast satellite serv- ubiquitously throughout the country, ice. FCC recognized the need to prevent dis- can help alleviate this thirst for spec- (2) ACCEPTANCE OF APPLICATIONS.—The parity in licensing when it authorized trum. Commission shall accept an application for a certain satellite spectrum to be re-used For these reasons, I believe that Con- license to operate a fixed terrestrial service for mobile terrestrial service without gress should act on this matter as soon in the 12.2–12.7 GHz band if the applicant— requiring a spectrum auction. Simi- as possible. I urge my colleagues to (A) successfully demonstrates the terres- larly, the ECCA would prohibit the support his bill and vote for enact- trial technology it will employ under the li- FCC from conducting an auction for li- ment. I as, unanimous consent that the cense with operational equipment that it censes that re-use satellite spectrum furnishes, or has furnished, for independent text of this bill be printed in the testing pursuant to section 1012 of the for fixed terrrestrial operations. RECORD. Launching Our Communities’ Access to Furthermore, an action would dras- There being no objection, the bill was Local Television Act of 2000 (47 U.S.C. 1110); tically delay the introduction of serv- ordered to be printed in the RECORD, as and ice to the public. Mr. President, this is follows: (B) certifies in its application that it has quite the opposite of what spectrum S. 564 authority to use such terrestrial service technology under the license. auctions are supposed to do. In this Be it enacted by the Senate and House of Rep- (3) CLARIFICATION.—Section 1012(a) of the case, industry incumbents can abuse resentatives of the United States of America in the auction process to block the intro- Launching Our Communities’ Access to Congress assembled, Local Television Act of 2000 (47 U.S.C. duction of new competition. A com- SECTION 1. SHORT TITLE. 1110(a); 114 Stat. 2762A–141) is amended by in- pany with vast resources available This Act may be cited as the ‘‘Emergency serting ‘‘, or files,’’ after ‘‘has filed’’. could easily trounce a small startup in Communications and Competition Act of (4) PCS OR CELLULAR SERVICES.—A license an auction—and then, under the terms 2003’’. granted under this section may not be used of the FCC’s Order, it would not have SEC. 2. PURPOSES. for the provision of Personal Communica- to deploy service for 10 years. Con- The purposes of this Act are as follows: tions Service or terrestrial cellular teleph- sumers cannot and should not have to (1) To facilitate the deployment of new ony service. (c) PROMPT COMMENCEMENT OF SERVICE.—In wait while this spectrum is ‘‘shelved’’ wireless telecommunications networks in order to extend the reach of the Emergency order to facilitate and ensure the prompt de- for an entire decade. Alert System (EAS) to viewers of multi- ployment of service to unserved and under- The ECCA solves this problem by en- channel video programming who may not re- served areas and to prevent stockpiling or suring that only qualified applicants ceive Emergency Alert System warnings warehousing of spectrum by licensees, the will be licensed. That is, within six from other communications technologies. Commission shall require that any licensee months of enactment, the FCC would (2) To ensure that emergency personnel under this section commence service to con- issue licenses to any applicant that can have priority access to communications fa- sumers within five years of the grant of the demonstrate through independent test- cilities in times of emergency. license under this section. (3) To promote the rapid deployment of low (d) EXPANSION OF EMERGENCY ALERT SYS- ing that it will employ a technology TEM.—Each licensee under this section shall cost multi-channel video programming and that won’t cause harmful interference disseminate Federal, State, and local Emer- broadband Internet services to the public, gency Alert System warnings to all sub- to DBS operators with whom they without causing harmful interference to ex- scribers of the licensee under the license would share spectrum. Then, to be sure isting telecommunications services. that service is in fact deployed, the under this section. (4) To ensure the universal carriage of (e) ACCESS FOR EMERGENCY PERSONNEL.— ECCA requires licensees to provide local television stations, including any (1) REQUIREMENT.—Each licensee under this service to consumers within five rather Emergency Alert System warnings, by mul- section shall provide immediate access for than ten years. tichannel video programming distributors in national security and emergency prepared- This legislation also requires that all markets, regardless of population. ness personnel to the terrestrial services parties who apply for licenses under (5) To advance the public interest by mak- covered by the license under this section as this provision must assume specific ing available new high speed data and video follows: services to unserved and underserved popu- public interest obligations in exchange (A) Whenever the Emergency Alert System lations, including schools, libraries, tribal is activated. for their prompt licensing. The bill re- lands, community centers, senior centers, quires full must-carry of local tele- (B) Otherwise at the request of the Sec- and low-income housing. retary of Homeland Security. vision stations, and an additional set (6) To ensure that new technologies capa- (2) NATURE OF ACCESS.—Access under para- aside of 4 percent of system capacity ble of fulfilling the purposes set forth in graph (1) shall ensure that emergency data is for other pubic interest purposes such paragraphs (1) through (5) are licensed and transmitted to the public, or between emer- as telemedicine and distance learning. deployed promptly after such technologies gency personnel, at a higher priority than I can assure my colleagues that these have been determined to be technologically any other data transmitted by the service feasible. are issues particularly important in concerned. SEC. 3. LICENSING. rural areas in states like Louisiana. (f) ADDITIONAL PUBLIC INTEREST OBLIGA- (a) GRANT OF CERTAIN LICENSES.— TIONS.— The ECCA will also promote public (1) IN GENERAL.—The Federal Communica- (1) ADDITIONAL OBLIGATIONS.—Each licensee safety, in two ways. First, it will re- tions Commission shall assign licenses in the under this section shall— quire MVDDS licensees to air Emer- 12.2–12.7 GHz band for the provision of fixed (A) adhere to rules governing carriage of gency Alert System warnings, includ- terrestrial services using the rules, policies, local television station signals and rules ing AMBER alerts for missing children. and procedures used by the Commission to concerning obscenity and indecency con- EAS warnings are presently carried by assign licenses in the 12.2–12.7 GHz band for sistent with sections 614, 615, 616, 624(d)(2), cable systems and over-the-air broad- the provision of international or global sat- 639, 640, and 641 of the Communications Act casters, but they are not seen by those ellite communications services in accord- of 1934 (47 U.S.C. 534, 535, 536, 544(d)(2), 559, ance with section 647 of the Open-market Re- 560, and 561); who get their programming from DBS organization for the Betterment of Inter- (B) make its facilities available for can- unless the viewer happens to be watch- national Telecommunications Act (47 U.S.C. didates for public office consistent with sec- ing a local channel. Obviously, the 765f). tions 312(a)(7) and 315 of the Communications need for greater dissemination of EAS (2) DEADLINE.—The Commission shall ac- Act of 1934 (47 U.S.C. 312(a)(7) and 315); and warnings is particularly important for cept for filing and grant licenses under para- (C) allocate 4 percent of its capacity for the ten states in which no local sta- graph (1) to any applicant that is qualified services that promote the public interest, in tions are carried via satellite. pursuant to subsection (b) not later than six addition to the capacity utilized to fulfill Second, this legislation requires months after the date of the enactment of the obligations required of subparagraphs (A) MVDDS licensees to make their trans- this Act. The preceding sentence shall not be and (B), such as— construed to preclude the Commission from (i) telemedicine; mission systems available to national granting licenses under paragraph (1) after (ii) educational programming, including security and emergency preparedness the deadline specified in that sentence to ap- distance learning; personnel on a top-priority basis in plicants that qualify after that deadline. (iii) high speed Internet access to unserved times of need. We all know that when (b) QUALIFICATIONS.— and underserved populations; and

VerDate Jan 31 2003 04:03 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.111 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3323 (iv) specialized local data and video serv- Portland, OR, will likely trim its Across the Nation, States and cities ices intended to facilitate public participa- school year by 24 days. Oregon State are struggling with more needs and less tion in local government and community police are laying off 129 troopers and revenue. Washington is not doing its life. abandoning 24-hour patrols. The Mult- part to help. Instead, we have created (2) LICENSE BOUNDARIES.—In order to en- nomah county jail will release as many sure compliance with paragraph (1), the new demands through the No Child Commission shall establish boundaries for li- as 500 inmates early. Medical benefits Left Behind education reform law and censes under this section that conform to ex- will be eliminated for 8,000 elderly and the Federal special education laws, isting television markets, as determined by disabled people. without delivering the resources need- the Commission for purposes of section This is wrong. It’s wrong for the peo- ed to meet those demands. We ought to 652(h)(1)(C)(i) of the Communications Act of ple being hurt. And it is wrong for our help States and localities meet those 1934 (47 U.S.C. 534(h)(1)(C)(i)). economy. That’s why I am proposing demands, and this bill will do that. (g) REDESIGNATION OF MULTICHANNEL VIDEO the Homeland Protection and Tax Hike DISTRIBUTION AND DATA SERVICE.—The Com- The Homeland Protection and Tax Prevention Act of 2003. This bill would Hike Protection Act will strengthen mission shall redesignate the Multichannel enacts a State relief plan I first de- Video Distribution and Data Service our homeland security and prevent (MVDDS) as the Terrestrial Direct Broadcast scribed last November. It gives States states and cities from raising taxes and Service (TDBS). and cities a total of $50 billion, allow- cutting schools and health care. I hope ing them to avoid raising taxes and my colleagues will join me in sup- By Mr. EDWARDS: protect critical priorities in public porting it. S. 565. A bill to improve homeland se- safety, education, and health care. I ask unanimous consent that the curity, prevent tax increases, support First, my legislation would provide text of the bill be printed in the education and health care, and $10 billion to states and major cities to RECORD. strengthen the economy; to the Com- strengthen homeland security. We have There being no objection, the bill was mittee on Appropriations. a whole range of homeland security ordered to be printed in the RECORD, as Mr. EDWARDS. Mr. President, I rise priorities that we ought to be meeting follows: today to introduce the Homeland Pro- but we haven’t. Although our domestic tection and Tax Hike Prevention Act of readiness begins with first responders, S. 565 2003. they are not getting the training and Be it enacted by the Senate and House of Rep- As I speak, State governments face a equipment they need to respond to an resentatives of the United States of America in budget gap of $80 billion in 2004, accord- attack with speed, skill, and strength. Congress assembled, ing to the National Governors Associa- Our public health system isn’t fully SECTION 1. SHORT TITLE. tion. My own State of North Carolina prepared to respond to biological at- This Act may be cited as the ‘‘Homeland must close a $2 billion deficit this year, Protection and Tax Hike Prevention Act of tacks. We need to modernize an emer- 2003’’. the third year in a row that we have gency warning system that is terribly SEC. 2. PURPOSES. faced a deficit of $1 billion or more. out of date so we can reach Americans There is an additional $30 billion def- The purposes of this Act are— at any time, day or night. (1) to ameliorate the hardships faced by icit in 2003 that, for most States, must Our infrastructure is exposed. There millions of Americans as a result of State be closed before the fiscal year ends in are 500 large skyscrapers, 250 major and local budget crises, including tax in- June. Cities and towns face a similar arenas and stadiums, and countless creases and cuts to education, health care, budget pinch. The likely result in train, subway, and automobile bridges and other vital State and local programs; many States will be steep tax increases and tunnels. Many of these facilities (2) to avoid the economic damage that and budget cuts. have vulnerable ventilation systems, would be caused by tens of billions of dollars Because most States have seen two poor emergency exits, and inadequate in State and local tax increases and spending or three lean years in a row, the easiest fire retardants and blast-resistant ma- cuts that would further weaken the Nation’s economic growth and job creation; and cuts and sources of revenue have al- terials. Security at nuclear and chem- ready been tapped. States already (3) to improve the Nation’s readiness for a ical plants and over shipments is still terrorist attack by providing financial as- closed nearly $50 billion in deficits for too lax. At 123 chemical plants, a toxic sistance to assist States and cities to— 2003. According to Standard and Poor’s, chemical release would endanger a mil- (A) prepare first responders and emergency ‘‘With rainy day funds having been de- lion people or more. personnel; pleted rapidly over the past three We need to meet all these priorities, (B) implement anti-counterfeiting protec- years, few options remain other than and we can ought to meet them tions; tough cuts or revenue increases.’’ through a partnership between Wash- (C) strengthen security at vulnerable tar- The State and local budget crisis is a ington, states, and local communities. gets, such as nuclear power plants and public serious threat to our economy. State This bill goes a long way toward doing transportation systems; and spending cuts and tax increases equal- (D) address other homeland security prior- that by providing $10 billion for home- ities. ing $100 billion would directly lower land security. GDP growth by one percentage point, Next, today’s bill would provide SEC. 3. DEFINITIONS. according to the Center on Budget and As used in this Act, the following defini- States $10 billion through higher Med- tions shall apply: Policy Priorities. According to the icaid reimbursements. Higher Medicaid (1) STATE.—Except as used in section 6, the Center, ‘‘The only way this blow to the reimbursements can dramatically help term ‘‘State’’ means each of the several economy can be mitigated is through State budgets. It can also address seri- States of the United States, the District of federal fiscal relief for the states.’’ ous inequities in the way Medicaid Columbia, and the Commonwealth of Puerto Millions of Americans across the Na- funds are distributed today. The legis- Rico. tion will be directly affected by State lation is based on Senator ROCKE- (2) METROPOLITAN STATISTICAL AREA.—The tax increases and budget cuts. For ex- FELLER’s excellent proposal. It main- term ‘‘metropolitan statistical area’’ means ample, Kansas is considering new taxes tains last year’s Medicaid matching a statistical geographic entity associated on hair stylists, theaters, and doctors. with at least 1 urbanized area that has a pop- rate where rates are declining and pro- ulation of not less than 50,000, as identified Missouri is now taxing pharmacies. In vides an additional modest, temporary by the Office of Management and Budget. fact, policymakers in 15 States are al- increase in the matching rate. This (3) METROPOLITAN CITY.—The term ‘‘metro- ready calling for tax increases of ap- short-lived relief will help states bal- politan city’’ means— proximately $14 billion in 2004. ance their budgets and protect children (A) a central city within a metropolitan New York budget proposals would and seniors who rely on Medicaid. statistical area; and raise class sizes and cut 43,000 early Last but not least, my bill will give (B) any other city within a metropolitan education slots in New York City. Flor- States and local governments $30 bil- statistical area that has a population of not ida may take away medical coverage lion in general relief. In return for this less than 50,000. (4) UNIT OF GENERAL LOCAL GOVERNMENT.— for 26,000 low-income people. In Cali- aid, State and local governments must (A) IN GENERAL.—The term ‘‘unit of general fornia, hundreds of nursing homes are agree not to cut K–12 education fund- local government’’ means— in danger of bankruptcy, according to ing or raise college tuition faster than (i) a county, parish, township, city, or po- the Washington Post. San Diego may inflation for low- and middle-income litical subdivision of a county, parish, town- close fire stations. families. ship, or city, that is a unit of general local

VerDate Jan 31 2003 04:03 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.113 S06PT1 S3324 CONGRESSIONAL RECORD — SENATE March 6, 2003 government as determined by the Secretary developed by the Environmental Protection (D) sensors to detect chemical and biologi- of Commerce for general statistical pur- Agency or the Homeland Security Depart- cal weapons; and poses; and ment that captures the same information for (E) emergency evacuation systems; (ii) the District of Columbia, the Common- the same facilities, the ratio under para- (5) improve security at and around sky- wealth of Puerto Rico, and the recognized graphs (2)(B)(i) and (3)(B)(i) shall be 1 divided scrapers, public monuments, and other major governing body of an Indian tribe or Alaskan by the total number of States or metropoli- buildings; native village that carries out substantial tan statistical areas that are within such a (6) secure food and water supplies, res- governmental duties and powers. zone. ervoirs, water treatment plants, and dis- (B) TREATMENT OF SUBSUMED AREAS.—For (B) PROXIMITY AS IT PERTAINS TO NUCLEAR tribution systems; purposes of determining a unit of general SECURITY.—If a State or metropolitan statis- (7) strengthen protections of other critical local government under this section, the tical area is located within 50 miles of an op- networks, including— rules under section 6720(c) of title 31, United erating nuclear power plant, as identified by (A) telecommunications; States Code, shall apply. the Nuclear Regulatory Commission, the (B) electrical power plants and grids; and SEC. 4. HOMELAND SECURITY GRANTS. ratio under paragraphs (2)(B)(ii) and (3)(B)(ii) (C) computer networks and databases; (a) GRANTS AUTHORIZED.— shall be 1 divided by the total number of (8) plan and prepare for a response for (1) IN GENERAL.—From the amount appro- States or metropolitan statistical areas that chemical or biological attacks, including— priated under subsection (d), the Secretary are located within 50 miles of an operating (A) purchasing, distributing, and storing of Homeland Security (referred to in this nuclear power plant. treatments and preventive measures; section as the ‘‘Secretary’’) shall, as soon as (C) PROXIMITY AS IT PERTAINS TO PORT SE- (B) providing emergency training for practicable after the date of enactment of CURITY.—If a State or metropolitan statis- health officials; and this Act, award grants to States and metro- tical area is located within 50 miles of 1 of (C) developing public health surveillance politan cities, which have submitted an ap- the 100 largest United States ports, as stated systems to identify the disease outbreaks by plication in accordance with subsection (c) by the Department of Transportation, Bu- monitoring ambulance calls, hospital admit- to accomplish the objectives described under reau of Transportation Statistics, United tance, and other measures; subsection (b). States Port Report by All Land Modes, or (9) establish systems to notify members of (2) ALLOCATIONS TO STATES.— within 50 miles of one of the 30 largest the public and appropriate agencies when a (A) POPULATION-BASED ALLOCATIONS.—The United States water ports by metric tons and threat has emerged and any precautions the Secretary shall allocate $2,500,000,000 for value, as stated by the Department of Trans- public should take; grants to the States based on the relative portation, Maritime Administration, United (10) establish programs that offer opportu- population of each State. States Foreign Waterborne Transportation nities for members of the community to par- (B) RISK-BASED ALLOCATIONS.—Subject to Statistics, the ratio under paragraphs ticipate in terrorism preparation and preven- paragraph (4), the Secretary shall allocate (2)(B)(iii) and (3)(B)(iii) shall be 1 divided by tion, including neighborhood watch groups; $2,500,000,000 for grants to the States based the total number of States or metropolitan and on— statistical areas that are located within 50 (11) design, review, and improve disaster (i) the potential risk, as it pertains to miles of a United States land or water port. response systems, enhancing communities’ chemical security, of each State; (D) PROXIMITY TO INTERNATIONAL BOR- ability to coordinate efforts and share infor- (ii) the proximity of each State to the DERS.—If a State or metropolitan statistical mation, and devise and implement a home- nearest operating nuclear power plant; area is located within 50 miles of an inter- land security plan. (iii) the proximity of each State to the national border, the ratio under paragraph (c) APPLICATION.— nearest United States land or water port; (2)(B)(iv) and (3)(B)(iv) shall be 1 divided by (1) IN GENERAL.—Each eligible entity desir- (iv) the proximity of each State to the the total number of States or metropolitan ing a grant under this section shall submit nearest international border; and statistical areas that are located within 50 an application to the Secretary at such time, (v) the proximity of each State to the near- miles of an international border. in such manner, and accompanied by such in- est Disaster Medical Assistance Team. (E) PROXIMITY TO DISASTER MEDICAL ASSIST- formation as the Secretary may reasonably (3) ALLOCATIONS TO METROPOLITAN CITIES.— ANCE TEAMS.—If a State or metropolitan sta- require. (A) POPULATION-BASED ALLOCATIONS.—The tistical area is located within 50 miles of a (2) CONTENTS.—Each application submitted Secretary shall allocate $2,500,000,000 for Disaster Medical Assistance Team, as orga- pursuant to paragraph (1) shall— grants to units of general local government nized by the National Disaster Medical Sys- (A) describe the activities for which assist- within metropolitan cities based on the rel- tem through the Department of Public ance under this section is sought; and ative population of each metropolitan statis- Health, the ratio under paragraphs (2)(B)(v) (B) provide such additional assurances as tical area. and (3)(B)(v) shall be 1 divided by the total the Secretary determines to be necessary to (B) RISK-BASED ALLOCATIONS.—The Sec- number of States or metropolitan statistical ensure that the grantee will use the proceeds retary shall allocate $2,500,000,000 for grants areas that are located within 50 miles of a of the grant in compliance with subsection to metropolitan cities within metropolitan Disaster Medical Assistance Team. (b). statistical areas based on— (b) USE OF FUNDS.—Grants awarded pursu- (d) AUTHORIZATION AND APPROPRIATION.— (i) the potential risk, as it pertains to ant to subsection (a) may be used to— There are authorized to be appropriated, and chemical security, of each metropolitan sta- (1) support police, fire, health, and other are appropriated, $10,000,000,000 for fiscal tistical area; emergency personnel by— year 2003 to carry out this section, which (ii) the proximity of each metropolitan (A) purchasing or upgrading communica- shall remain available through September statistical area to the nearest operating nu- tions systems, protective gear, or hazardous 30, 2004. clear power plant; materials detection equipment; SEC. 5. BUDGET CRISIS RELIEF GRANTS. (iii) the proximity of each metropolitan (B) providing training for emergency re- (a) GRANTS AUTHORIZED.—From the statistical area to the nearest United States sponses; and amount appropriated under subsection (c) for land or water port; (C) providing for expenses related to reten- fiscal year 2003, the Secretary of the Treas- (iv) the proximity of each metropolitan tion of personnel and overtime; ury (referred to in this section as the ‘‘Sec- statistical area to the nearest international (2) improve safeguards against the counter- retary’’) shall, as soon as practicable after border; and feiting of official State documents, includ- the date of enactment of this Act, allocate (v) the proximity of each metropolitan sta- ing— financial assistance to each of the States as tistical area to the nearest Disaster Medical (A) the improvement of procedures to ob- follows: Assistance Team. tain proof of identity before issuance of offi- (1) GRANTS TO STATES.— (C) METROPOLITAN CITIES.—The Secretary cial identification cards; and (A) ALLOCATIONS BASED ON POPULATION.— shall distribute the allocations under sub- (B) the implementation of biometric iden- The Secretary shall allocate $7,500,000,000 paragraphs (A) and (B) to metropolitan cities tifiers and holograms; among the States on the basis of the relative based on the relative population of each such (3) improve security at chemical plants population of each State, as determined by city. by— the Secretary on the basis of the most recent (4) CLARIFICATION OF RISK FACTORS.—In al- (A) strengthening requirements for perim- satisfactory data. locating funds to States and metropolitan eter security and assisting in meeting such (B) ALLOCATIONS BASED ON UNEMPLOY- statistical areas under paragraphs (2)(B) and requirements; and MENT.—The Secretary shall allocate (3)(B), the Secretary shall equally weigh (B) strengthening requirements for the use $7,500,000,000 among the States on the basis each of the following risk factors: and handling of hazardous materials and as- of the relative number of unemployed indi- (A) POTENTIAL RISK AS IT PERTAINS TO sisting in meeting such requirements; viduals for calendar year 2002 in each State, CHEMICAL SECURITY.—If a State or metropoli- (4) improve security in train and subway as determined by the Secretary on the basis tan statistical area is within the vulnerable cars and stations, on bridges, in tunnels, and of the most recent satisfactory data. zone of a worst-case chemical release, as in arenas by installing and improving— (2) GRANTS TO LOCAL GOVERNMENT.— specified in the most recent risk manage- (A) fire and blast protections; (A) ALLOCATIONS BASED ON POPULATION.— ment plans filed with the Environmental (B) ventilation systems; The Secretary shall allocate an additional Protection Agency or another instrument (C) entrance security; $7,500,000,000 among units of general local

VerDate Jan 31 2003 04:03 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.115 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3325 government within each State on the basis the amounts otherwise determined for Puer- into action and get behind our Nation’s of the relative population of each State and to Rico, the Virgin Islands, Guam, the families. of each such unit within each State, as de- Northern Mariana Islands, and American In 1998, the Federal Government was termined by the Secretary on the basis of Samoa under subsections (f) and (g) of sec- spending just $323 million on Alz- the most recent satisfactory data. tion 1108 of the Social Security Act (42 heimer’s disease research, a disease (B) ALLOCATIONS BASED ON UNEMPLOY- U.S.C. 1308) shall each be increased by an MENT.—The Secretary shall allocate an addi- amount equal to 4.90 percent of such that affects about 4 million Americans. tional $7,500,000,000 among units of general amounts. I fought for more funding for Alz- local government within each State on the (f) SCOPE OF APPLICATION.—The increases heimer’s disease and the National In- basis of the relative number of unemployed in the FMAP for a State under this section stitute on Aging. Not just an incre- individuals for calendar year 2002 in each shall apply only for purposes of title XIX of mental increase—I fought to double the State and in each such unit within each the Social Security Act and shall not apply funding. I am proud that the National State, as determined by the Secretary on the with respect to— Institute on Aging was funded at $1 bil- (1) disproportionate share hospital pay- basis of the most recent satisfactory data. lion this year. That’s double what it (b) MAINTENANCE OF EFFORT.—A State or ments described in section 1923 of such Act unit of general local government, before re- (42 U.S.C. 1396r–4); or was 5 years ago. The Federal Govern- ceiving the proceeds of a grant under this (2) payments under title IV or XXI of such ment will spend more than $600 million section, shall certify that such State or unit Act (42 U.S.C. 601 et seq. and 1397aa et seq.). on Alzheimer’s research this year. of general local government— (g) STATE ELIGIBILITY.— This investment in Alzheimer’s dis- (1) will maintain its expenditures for ele- (1) IN GENERAL.—Subject to paragraph (2), a ease research is paying off. Scientists mentary, secondary, and higher education at State is eligible for an increase in its FMAP have found evidence that a cholesterol- a level equal to not less than the level of under subsection (d) or an increase in a cap lowering drug may prevent Alz- such expenditures maintained by the State amount under subsection (e) only if the eligi- heimer’s. Researchers are testing a or unit of general local government for the bility under its State plan under title XIX of fiscal year immediately preceding the fiscal the Social Security Act (including any waiv- vaccine on mice that may prevent the year for which the grant is received; and er under such title or under section 1115 of disease in humans. Seven clinical trials (2) will not raise the net tuition, after such Act (42 U.S.C. 1315)) is no more restric- are currently underway to find out scholarships and tuition waivers, at public tive than the eligibility under such plan (or whether estrogen, vitamin E, gingko colleges and universities by more than the waiver) as in effect on September 2, 2003. biloba, and aspirin can prevent the dis- inflation rate. (2) STATE REINSTATEMENT OF ELIGIBILITY ease. (c) AUTHORIZATION AND APPROPRIATION.— PERMITTED.—A State that has restricted eli- Even with these victories, there is There are authorized to be appropriated, and gibility under its State plan under title XIX still a lot more to do. Alzheimer’s dis- are appropriated, $30,000,000,000 for fiscal of the Social Security Act (including any year 2003 to carry out this section. waiver under such title or under section 1115 ease is a devastating illness. Four mil- SEC 6. TEMPORARY STATE FISCAL RELIEF of such Act (42 U.S.C. 1315)) after September lion Americans suffer from Alz- THROUGH INCREASE IN MEDICAID 2, 2003, but prior to the date of enactment of heimer’s, including one in ten people FMAP. this Act is eligible for an increase in its over age 65 and nearly half of those (a) DEFINITIONS.—In this section, the fol- FMAP under subsection (d) or an increase in over age 85. Nineteen million Ameri- lowing definitions shall apply: a cap amount under subsection (e) in the cans say they have a family member (1) FMAP.—The term ‘‘FMAP’’ means the first calendar quarter (and subsequent cal- Federal medical assistance percentage, as with the disease. The Medicare pro- endar quarters) in which the State has rein- gram alone spent $31.9 billion for the defined in section 1905(b) of the Social Secu- stated eligibility that is no more restrictive rity Act (42 U.S.C. 1396d(b)). than the eligibility under such plan (or waiv- care of people with Alzheimer’s disease (2) STATE.—The term ‘‘State’’ has the er) as in effect on September 2, 2003. in the year 2000. Without a cure, the meaning given such term for purposes of (3) RULE OF CONSTRUCTION.—Nothing in number of Alzheimer’s patients will title XIX of the Social Security Act (42 paragraph (1) or (2) shall be construed as af- more than triple in the next 50 years. U.S.C. 1396 et seq.). fecting a State’s flexibility with respect to Fourteen million Americans will suffer (b) PERMITTING MAINTENANCE OF FISCAL benefits offered under the State medicaid from Alzheimer’s by 2050. If science can YEAR 2002 FMAP FOR LAST 2 CALENDAR program under title XIX of the Social Secu- QUARTERS OF FISCAL YEAR 2003.—Notwith- help delay the onset of Alzheimer’s by rity Act (42 U.S.C. 1396 et seq.) (including even five years, it would improve the standing any other provision of law, but sub- any waiver under such title or under section ject to subsection (f), if the FMAP deter- 1115 of such Act (42 U.S.C. 1315)). lives of millions of families and save mined without regard to this section for a (h) SUNSET DATE.—This section is repealed, billions of dollars. State for fiscal year 2003 is less than the effective October 1, 2004. This legislation is about more than FMAP as so determined for fiscal year 2002, just statistics—it’s about helping to the FMAP for the State for fiscal year 2002 By Ms. MIKULSKI (for herself, meet the day-to-day needs of patients shall be substituted for the State’s FMAP for Mr. BOND, Mr. KENNEDY, Mrs. with Alzheimer’s and the long range the third and fourth calendar quarters of fis- cal year 2003, before the application of this LINCOLN, Mr. BREAUX, and Mr. needs of the nation. Last year, I section. DODD): chaired a hearing at the Gerontology (c) PERMITTING MAINTENANCE OF FISCAL S. 566. A bill to amend the Public Research Center at the Johns Hopkins YEAR 2003 FMAP FOR FISCAL YEAR 2004.— Health Service Act to provide for Alz- Bayview Medical center in Baltimore. I Notwithstanding any other provision of law, heimer’s disease research and dem- heard from Peter Savage, a Baltimore but subject to subsection (f), if the FMAP de- onstration grants; to the Committee on man caring for his wife, Ina. Mrs. Sav- termined without regard to this section for a Health, Education, Labor, and Pen- age was diagnosed with early onset State for fiscal year 2004 is less than the sions. FMAP as so determined for fiscal year 2003, Alzheimer’s disease at just 53 years old. the FMAP for the State for fiscal year 2003 Mr. MIKULSKI. Mr. President, I rise I heard Mr. Savage’s pain and frustra- shall be substituted for the State’s FMAP for to introduce the Alzheimer’s Disease tion as he told the Subcommittee on each calendar quarter of fiscal year 2004, be- Research, Prevention, and Care Act of Aging about his family’s long struggle: fore the application of this section. 2003. I am pleased that Senators BOND, watching his wife’s slow decline; trying (d) GENERAL 2.45 PERCENTAGE POINTS IN- KENNEDY, LINCOLN, BREAUX, and DODD to care for Mrs. Savage by himself and CREASE FOR LAST 2 CALENDAR QUARTERS OF are joining me as original cosponsors of with the help of daughters; the dif- FISCAL YEAR 2003 AND FISCAL YEAR 2004.— this legislation. This bill expands re- ficulty of finding someone to help them Notwithstanding any other provision of law, but subject to subsections (f) and (g), for search on Alzheimer’s disease at the when the caregiving responsibilities each State for the third and fourth calendar National Institute on Aging and reau- were more than the family alone could quarters of fiscal year 2003 and each calendar thorizes the Alzheimer’s Demonstra- bear; and the looming costs of nursing quarter of fiscal year 2004, the FMAP (taking tion Grant Program that helps patients home care. into account the application of subsections and families get services like respite The bill I am introducing gets behind (b) and (c)) shall be increased by 2.45 percent- care and adult day care. families like the Savages and millions age points. I believe that ‘‘honor thy mother and of others struggling with this disease. (e) INCREASE IN CAP ON MEDICAID PAYMENTS father’’ is not only a good command- My bill reauthorizes and expands the TO TERRITORIES.—Notwithstanding any other provision of law, but subject to sub- ment to live by, it’s also a good policy Alzheimer’s Demonstration grant Pro- section (g), with respect to the third and to govern by. That’s why I authored gram. This program helps patients and fourth calendar quarters of fiscal year 2003 the Alzheimer’s Disease Research, Pre- families get support services like res- and each calendar quarter of fiscal year 2004, vention, and Care Act—to put values pite care and home health care. These

VerDate Jan 31 2003 04:03 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.115 S06PT1 S3326 CONGRESSIONAL RECORD — SENATE March 6, 2003 grants connect help states leverage pri- SECTION 1. SHORT TITLE. policies and programs that are in further- vate resources to fill in gaps in existing This Act may be cited as the ‘‘Millennium ance of the purposes of this Act. The goal of services and make sure that programs Challenge Act of 2003’’. the Millennium Challenge Account is to re- reach the most vulnerable families. TITLE I—THE MILLENNIUM CHALLENGE AC- duce poverty by significantly increasing the COUNT economic growth trajectory of recipient This important program needs to be re- SEC. 101. STATEMENT OF POLICY. countries. This requires an emphasis on in- newed this year. I’m fighting to expand It is the policy of the United States to re- vestments that raise the productive poten- this program to nearly every state, to duce global poverty through increased eco- tial of a country’s citizens and firms and keep our promises to America’s fami- nomic growth by supporting a new compact help integrate its economy into the global lies. for global development in which increased product and capital markets. Key areas of This bill also helps to meet the long- support is provided by developed countries to focus for Millennium Challenge Assistance those developing countries that are ruling will include: range needs of our Nation by increas- justly, fostering economic freedom, and in- ing the Federal Government’s commit- (a) Agricultural development; vesting in their citizens. (b) Education; ment to Alzheimer’s disease research SEC. 102. ELIGIBILITY CRITERIA. at the National Institutes of Health (c) Enterprise and private sector develop- To be eligible for assistance under this ment; and the National Institute on Aging. It Act, a country (‘‘eligible country’’)— (d) Governance; puts the Alzheimer’s Disease Preven- (1) must suffer from significant poverty; (e) Health; and (2) must have a demonstrated commitment tion Initiative in our Federal law (f) Trade and investment capability build- to— books to speed up the discovery of new (A) Just and democratic governance, in- ing. ways to prevent the disease. My bill cluding political pluralism and the rule of SEC. 105. AUTHORIZATION OF THE MILLENNIUM sets up a cooperative clinical research law, and respect for human and civil rights CHALLENGE ACCOUNT AND AU- THORITIES. program to stretch our Federal re- of all citizens, protect private property (a) Authorization of Millennium Challenge search dollars, by making it easier for rights, encourage transparency and account- Account. researchers across the country to share ability of governance, and limit corruption; (B) Economic freedom, including economic (1) AUTHORIZATION.—There are authorized data and enroll patients in clinical to be appropriated to the President to carry trials. It also authorizes research on policies that encourage citizens and firms to participate in the global product and capital out this Act $1,300,000,000 for fiscal year 2004, ways to improve the health of Alz- markets, promote private sector growth, and and such sums as may be necessary for sub- heimer’s caregivers—and ease some of avoid direct government participation in the sequent fiscal years. their burden. economy; and (2) Availability—Funds appropriated under This bill gets behind our Nation’s (C) Investing in its own people, including paragraph (1)— families—both in the lab and in the improving the availability of educational op- (A) may be referred to as the ‘‘Millennium community. I look forward to working portunities and health care for all citizens; Challenge Account’’; (B) are authorized to remain available with my colleagues to pass this impor- and (3) must have entered into a Millennium until expended; and tant legislation. Challenge Contract, as defined in section 103, (C) are in addition to funds otherwise with the United States. available for such purposes. By Mr. LUGAR (by request): (b) APPLICABILITY OF PROVISIONS OF LAW.— S. 571. A bill to establish the Millen- SEC. 103. MILLENNIUM CHALLENGE CONTRACT. (a) IN GENERAL.—A Millennium Challenge (1) Funds made available to carry out the nium Challenge Account and the Mil- Contract, is an agreement between the purposes of this Act may be made available lennium Challenge Corporation in United States and an eligible country that notwithstanding any other provision of law, order to reduce global poverty through establishes a multi-year plan of partnership except the provisions of the Anti-Deficiency increased economic growth by sup- for achieving shared development objectives Act. porting a new compact for global devel- in furtherance of the purposes of this Act. (2) Notwithstanding paragraph (l), country, opment; to the Committee on Foreign (b) ELEMENTS.—The Millennium Challenge including the government of a country, that Contract shall contain— is ineligible to receive assistance under pro- Relations. (1) the specific objectives that the eligible visions of law that would prohibit assistance Mr. LUGAR. Mr. President, by re- country and the United States expect to under Part I of the Foreign Assistance Act of quest, I introduce for appropriate ref- achieve; 1961 shall not be eligible to receive assist- erence a bill to establish the Millen- (2) the responsibilities of the eligible coun- ance under this Act. If the President waives nium Challenge Account and the Mil- try and the United States in the achieve- the provisions of Part I of the Foreign As- lennium Challenge Corporation in ment of those objectives; sistance Act of 1961, such country could re- order to reduce global poverty through (3) regular benchmarks to measure ceive assistance under this Act. increased economic growth by sup- progress towards achieving the agreed upon (c) USE OF OTHER FUNDS.—Any funds allo- objectives and a description of how the ob- porting a new compact for global devel- cated from funds appropriated to carry out jectives will be sustained once assistance any other Act may be made available, if used opment. under this Millennium Challenge Contract in conjunction with funds appropriated to This proposed legislation has been re- ends; carry out this Act, under the authority and quested by the President of the United (4) a plan and a timeframe that describes subject to the limitations applicable to funds States, George W. Bush, and I am in- how and when those objectives will be met; made available to carry out this Act. (5) the role and contribution of the busi- troducing it in order that there may be SEC. 106. EVALUATION AND ACCOUNT ABILITY. a specific bill to which Members of the ness community, private and voluntary orga- nizations, and other members of civil society All concluded Millennium Challenge Con- Senate and the public may direct their in designing that plan and achieving the ob- tracts and performance evaluations of activi- attention and comments. jectives; ties under these contracts shall be made I reserve my right to support or op- (6) where appropriate, the contribution of available to the public on the Internet, un- pose this bill, as well as to make any other donors in the achievement of those ob- less the Board makes a specific finding that suggested amendments to it, as this jectives; and a performance evaluation or contract should important initiative of the President (7) a plan to ensure financial account- not be posted. continues to be considered by the Com- ability of funds used to achieve those objec- SEC. 107. GRADUATION. tives. mittee on Foreign Relations. The Millennium Challenge Contract will (c) LOCAL INPUT.—The Millennium Chal- provide funds for limited purposes, projects, I ask unanimous consent that the lenge Contract should take into account the and terms. text of the bill be printed in the perspectives of the rural and urban poor in TITLE II—THE MILLENNIUM CHALLENGE COR- RECORD together with a section-by-sec- an eligible country, and should reflect con- PORATION tion analysis of the bill and the letter sultation with private and voluntary organi- SEC. 201. ESTABLISHMENT OF THE MILLENNIUM from the President of the United zations, and the business community in the CHALLENGE CORPORATION. States to the Congress of the United country. (a) ESTABLISHMENT OF THE MILLENNIUM States dated February 5, 2003. (d) OTHER DONORS.—To the maximum ex- CHALLENGE CORPORATION.—There is hereby There being no objection, the mate- tent feasible, activities undertaken to established in the executive branch, a cor- achieve the objectives of the Millennium poration to be known as the Millennium rial was ordered to be printed in the Challenge Contract should be undertaken in Challenge Corporation (hereinafter in this RECORD, as follows: coordination with the assistance activities of Act referred to as the ‘‘Corporation’’). S. 571 other donors. (b) RESPONSIBILITY OF THE CORPORATION.— Be it enacted by the Senate and House of Rep- SEC. 104. MILLENNIUM CHALLENGE ASSISTANCE. It shall be the responsibility of the Corpora- resentatives of the United States of America in The President is authorized to provide as- tion to implement title I of this Act, con- Congress assembled, sistance for eligible countries to support sistent with the direction of the President.

VerDate Jan 31 2003 04:03 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.116 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3327 SEC. 202. MANAGEMENT OF THE CORPORATION. mixed), tangible or intangible, in further- (2) The CEO of the Corporation may, with- (a) BOARD OF DIRECTORS.—The manage- ance of the purposes of this Act; out regard to the civil service and foreign ment of the Corporation shall be vested in a (8) may use the United States mails in the service laws and regulations, appoint and board of directors (hereafter in this title re- same manner and on the same conditions as terminate personnel as may be necessary to ferred to as the ‘‘Board’’) composed of the the executive departments of Government; enable the Corporation to perform its duties. Secretary of State, who shall Chair, the Sec- (9) may, with the consent of the agency of (3) The CEO may fix the compensation of retary of the Treasury, and the Director of the United States, use the information, serv- the Corporation personnel without regard to the Office of Management and Budget, and ices, facilities, and personnel of that agency the provisions of chapter 51 and subchapter may include individuals serving in such posi- on a full or partial reimbursement or on a III of chapter 53 of title 5, United States tions in an acting capacity. non-reimbursable basis in carrying out the Code, relating to the classification of posi- (b) FUNCTIONS OF THE BOARD.— purposes of this Act; tions and General Schedule pay rates, and (1) The Board shall direct the exercise of (10) may contract with individuals for per- without regard to the provisions of chapters all the functions and powers of the Corpora- sonal services, who shall not be considered 4 and 5 of the Foreign Service Act, relating tion, including the authority to review and federal employees for any provision of law to the classification of positions and Foreign approve the eligibility of countries for as- administered by the Office of Personnel Man- Service pay rates. sistance. agement; (4) The Corporation may utilize such au- (2) The Board may prescribe, amend, and (11) hire or obtain passenger motor vehi- thority contained in the Foreign Service Act repeal bylaws, rules, regulations, and proce- cles; and of 1980, as amended, as the Corporation dures governing the manner in which the (12) shall have such other powers as may be deems appropriate. business of the Corporation may be con- necessary and incident to carrying out this (5) The CEO and other personnel who are ducted and in which the powers granted to it Act; employees of the Corporation shall be em- by law may be exercised and enjoyed. (b) PRINCIPAL OFFICE.— ployees under section 2105 of title 5, United (3) Members of the Board shall serve with- (1) The Corporation shall maintain its States Code, for purposes of chapters 63 (re- out additional compensation, but may be re- principal office in the metropolitan Wash- lating to leave), 81 (relating to compensation imbursed for travel expenses, including per ington, D.C. area. for work injuries), 85 (relating to unemploy- diem, in lieu of subsistence, while engaged in (2) The Corporation may establish other of- ment benefits), 87 (relating to life insurance their duties on behalf of the Corporation. fices in any place including places outside benefits), 89 (relating to health insurance (c) CHIEF EXECUTIVE OFFICER OF THE COR- the United States, in the Corporation may benefits), and 90 (relating to long-term care PORATION.— carry on all or any of its operations and insurance) of that title. If the CEO chooses (1) The chief executive officer of the Cor- business. not to waive chapters 83 and 84 (relating to poration (hereafter referred to in this title as (c) POSITIONS WITH FOREIGN GOVERN- retirement benefits) of title 5, or chapter 8 of the ‘‘CEO’’) shall be appointed by the Presi- MENTS.—When approved by the Corporation, the Foreign Service Act (relating to Foreign dent, by and with the advice and consent of in furtherance of its purposes, employees of Service retirement systems), employees of the Senate, and shall exercise the functions the Corporation (including individuals de- the Corporation shall be eligible for benefits and powers vested in the CEO by the Presi- tailed to the Corporation) may accept and under those chapters as otherwise applicable. dent and the Board. hold offices or positions to which no com- (6) No individual, except for the officers of (2) The CEO shall receive compensation at pensation is attached with governments or the Corporation, may be employed by the the rate provided for level II of the Executive governmental agencies of foreign countries Corporation for a period in excess of 5 years: Schedule under section 5313 of title 5, United or international organizations. Provided, That the CEO, under special cir- States Code. (d) COMMITMENT AUTHORITY.—Subject to cumstances, may approve an extension of the (d) Functions of, and actions by, the Cor- the provisions of the Anti-Deficiency Act, a length of employment on an individual basis. poration, Board, CEO, or an officer of the contract, grant, or other agreement which (7) Individuals employed by the Corpora- United States under this Act are vested in entails commitments for the expenditure of tion, including individuals detailed to or their discretion. funds available under this Act may commit contracted by the Corporation, while per- with expenditures for such period of time as forming duties in any country or place out- SEC. 203. FUNCTIONS OF THE CORPORATION. it deemed necessary to carrying out this Act. side the United States, and their families In order to carry out programs in further- (e) CONTRACTING AUTHORITY.—In further- shall, if they are nationals of or permanently ance of the purposes and policies of this Act, ance of the purposes of this Act, functions resident in such country or place, enjoy the and in accordance with the provisions of and powers authorized by this Act may be privileges and immunities of at least the ad- Title I of this Act, the Corporation may performed without regard to any provision of ministrative and technical staff of the Mis- make grants for any eligible country, includ- law regulating the making, performance, sion of the United States to such country ing to any private or public entity, and in- amendment, or modification of contracts, and shall be subject to 22 U.S.C. 3927 in the cluding for the purpose of providing tech- grants, and other agreements. same manner as United States Government nical assistance to any such country for the (f) TAXATION OF THE CORPORATION.—The employees. development of the Millennium Challenge Corporation, including all its assets and (8) The CEO may procure temporary and Contract and the management, including fi- property, shall be exempt from taxation now intermittent services under section 3109(b) of nancial management, and evaluation of pro- or hereafter imposed by the United States, title 5, United States Code, at rates for indi- grams for which assistance is provided pur- or any territory or possession thereof, or by viduals which do not exceed the daily equiva- suant to this Act. any State, county, municipality, or local lent of the annual rate of basic pay pre- SEC. 204. POWERS OF THE CORPORATION. taxing authority. scribed for level V of the Executive Schedule (A) POWERS.—The Corporation— SEC. 205. PERSONNEL AND ADMINISTRATIVE AU- under section 5316 of such title. (1) shall have perpetual succession unless THORITIES. (b) DETAIL OF PERSONNEL TO THE CORPORA- dissolved by the Act of Congress; (a) PERSONNEL AUTHORITIES.—Notwith- TION.— (2) may adopt, alter, and use a seal, which standing any provision of title 5, United (1) Any Federal Government employee may shall be judicially noticed; States Code or of the Foreign Service Act of be detailed to the Corporation on a fully or (3) may prescribe, amend, and repeal such 1980, as amended, the CEO of the Millennium partially reimbursable or on a nonreimburs- rules, regulations, and procedures as may be Challenge Corporation may, in regulations able basis, and such detail shall be without necessary for carrying out the functions of prescribed jointly with the Director of the interruption or loss of civil service or For- the Corporation; Office of Personnel Management, establish, eign Service status or privilege. (4) may make and perform such contracts, and from time to time adjust, a human re- (2) Alternatively, an employee serving grants, and other agreements with any indi- sources management system, including a re- under a career or career conditional appoint- vidual, corporation, or other private or pub- tirement benefits programs. ment or the equivalent in an agency who lic entity however designated and wherever (1) Any system established under this sub- transfers to or converts to an appointment situated, as may be necessary for carrying section shall not waive, modify, or otherwise in the Corporation with the consent of the out the functions of the Corporation and all affect, with respect to Civil Service and For- head of the agency is entitled to be returned Millennium Challenge Contracts; eign Service employees— to the employee’s former position or a posi- (5) may determine and prescribe the man- (A) the public employment principles of tion of like seniority, status, and pay with- ner in which its obligations shall be incurred merit and fitness set forth in section 2301 of out grade or pay reduction in the agency if and its expenses allowed and paid, including title 5, including the principles of hiring the employee— expenses for representation not exceeding based on merit, fair treatment without re- (A) is being separated from the Corpora- $95,000 in any fiscal year; gard to political affiliation or other non- tion for reasons other than misconduct, ne- (6) may lease, purchase, or otherwise ac- merit considerations, equal pay for equal glect of duty, or malfeasance; and (B) applies quire, improve, and use such real property work, and protection of employees against for return not later than 30 days before the wherever situated, as may be necessary for reprisal for whistle blowing, date of the termination of the employment carrying out the functions of the Corpora- (B) section 2302 (b) of title 5, in the Corporation. tion; (C) chapters 72 and 73 of title 5, (3) An employee of a private sector organi- (7) may accept cash gifts or donations of (D) the conflict of interest provisions in zation assigned to the Corporation under services or of property (real, personal, or title 18, chapter 11 of the United States Code. this section is deemed, during the period of

VerDate Jan 31 2003 04:03 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.119 S06PT1 S3328 CONGRESSIONAL RECORD — SENATE March 6, 2003 assignment, to be on detail to such agency. $1,435 will be eligible for MCA assistance. In in MCA countries. Areas of focus for the Such employee— FY 2006, the list of eligible countries further MCA include agricultural development, edu- (A) may continue to receive pay and bene- expands to those with per capita incomes up cation, enterprise and private sector pro- fits from the private sector organization to $2,975 (the current World Bank cutoff for motion, good governance, health, and trade from which he is assigned; lower middle income countries). The per cap- and investment capacity building. (B) is deemed to be an employee of the Cor- ita income levels will be adjusted on an an- Sec. 105. Authorization of the millennium chal- poration as specified in (a)(5) of this section, nual basis. lenge account and authorities for the purposes of chapters 81 and 85 of title Countries with a demonstrated commit- Section 105 authorizes appropriations to 5 U.S.C.; ment to ruling justly, encouraging economic the President of $1.3 billion in FY 2004 to (C) may not have access to any trade se- freedom, and investing in their people. To as- carry out the MCA and such sums as may be crets or to any other non-public information sess this commitment and identify recipient necessary for subsequent fiscal years. It is which is of commercial value to the private countries, the MCA will use clear, concrete, anticipated that funding for MCA will reach sector organization from which he is as- and objective criteria. It is the Administra- $5 billion by FY 2006. MCA funds will be signed, and tion’s intent that in 2004, countries will be available until expended (‘‘no-year funds’’). (D) is subject to such regulations as the selected based on 16 indicators chosen be- This availability of funds allows the Cor- President may prescribe. Such assignment cause of the relative quality and objectivity poration to obligate funds in the most pro- may be made with or without reimbursement of their data, country coverage, public avail- by the Corporation for the pay, or a part ductive manner. ability, and correlation with growth and pov- Section 105 allows the provision of MCA as- thereof, of the employee during the period of erty reduction. The specific indicators are assignment, or for any contribution of the sistance to countries notwithstanding any listed below with their source noted. other provision of law with the exception of private sector organization to its employee Governing Justly: prohibiting MCA assistance to countries that benefit system. A private sector organization Civil Liberties (Freedom House); are ineligible to receive assistance under may not charge the Federal Government, as Political Rights (Freedom House); direct or indirect costs under a Federal con- Voice and Accountability (World Bank In- part I of the Foreign Assistance Act of 1961. tract, the costs of pay or benefits paid by the stitute); This provision restricts or prohibits assist- organization to an employee assigned to the Government Effectiveness (World Bank In- ance to countries that engage in actions pro- Corporation. stitute); hibited in part I, including countries that: violate human rights, support trafficking in (c) ALLOCATION OF FUNDS.— Rule of Law (World Bank Institute); and (1) TRANSFER OR ALLOCATION.—The Cor- Control of Corruption (World Bank Insti- narcotics or human beings, and contribute to poration may allocate or transfer to any tute). terrorist financing. If the President waives agency of the United States Government any Investing in People: any of these provisions to make a country el- part of any funds available for carrying out Public Primary Education Spending as igible to receive assistance under part I of the purposes of this Act. Such funds shall be Percent of Gross Domestic Product (GDP) the Foreign Assistance Act, then that coun- available for obligation and expenditure for (World Bank/national sources); try also would be eligible to receive MCA as- the purposes for which authorized, in accord- Primary Education Completion Rate sistance. MCA assistance would be subject to ance with authority granted in this Act or (World Bank/national sources); the provisions of the Anti-Deficiency Act. under authority governing the activities of Public Expenditures on Health as Percent In addition, section 105 makes the authori- the agencies of the United States Govern- of GDP (World Bank/national sources); and ties and limitations that are applicable to ment to which such funds are allocated or Immunization Rates: DPT (diphtheria, per- MCA assistance applicable, as well, to any transferred. tussis, tetanus) and Measles (World Bank/ other funds used in conjunction with MCA (2) USE OF SERVICES.—For carrying out the UN/national sources). funds. purposes of this Act, the Corporation may Promoting Economic Freedom: Sec. 106. Evaluation and accountability utilize the services and facilities of, or pro- Country Credit Rating (Institutional In- Section 106 requires the Millennium Chal- cure commodities from, any agency of the vestor Magazine); lenge Corporation, established in Title II, to United States Government under such terms Inflation (International Monetary Fund make all concluded Millennium Challenge and conditions as may be agreed to by the [IMF]); Contracts and their formal performance head of such agency and the Corporation. 3-Year Budget Deficit (IMF/national evaluations publicly available on the Inter- (d) OTHER AUTHORITIES.—Except where in- sources); net. The public nature of MCA performance consistent with the provisions of this Act, Trade Policy (Heritage Foundation); information makes the recipient countries the Corporation is authorized to use any of Regulatory Quality (World Bank Insti- and implementers of MCA programs directly the administrative authorities contained in tute); and accountable to the citizens of MCA countries the State Department Basic Authorities Act Days to Start a Business (World Bank). and United States taxpayers. Countries that have signed a Millennium of 1956 and the Foreign Assistance Act of Sec. 107. Graduation 1961. Challenge Contract with the United States. Participation in the MCA will be limited (e) GOVERNMENT CORPORATION CONTROL The terms of this contract are defined in according to the terms of the Millennium ACT.—The Corporation shall be subject to Section 103 below. the provisions of the Government Corpora- Sec. 103. Millennium challenge contract Challenge Contracts, which will define the purposes, activities and timeframe. MCA as- tion Control Act, title 31, United States Section 103 specifies the contractual rela- Code. sistance will have a clearly defined end date. tionship between recipient nations and the For example, at the conclusion of the con- United States. Each MCA country will nego- tract period, MCA assistance will end unless MILLENNIUM CHALLENGE ACT OF 2003 tiate and sign a Millennium Challenge Con- participant countries submit a new proposal SECTION-BY-SECTION ANALYSIS tract with the Millennium Challenge Cor- and renegotiate a new contract with the Cor- Section 1. Short title poration (MCC), established in Title II. To poration. Each contract will also specify the This Act may be cited as the ‘‘Millennium initiate the negotiation, the selected MCA conditions under which the contract will be Challenge Act of 2003’’. countries will submit country proposals for amended or terminated, including for rea- MCA funds which integrate official interests sons of poor performance. TITLE I—THE MILLENNIUM CHALLENGE with those of the private sector and civil so- ACCOUNT ciety. TITLE II—THE MILLENNIUM CHALLENGE Sec. 101. Statement of policy The negotiated Millennium Challenge Con- CORPORATION Section 101 states the objective of the Mil- tracts will include a limited number of clear Sec. 201. Establishment of the millennium chal- lennium Challenge Account, which is to re- and measurable objectives, regular bench- lenge corporation duce poverty through promoting sustained marks to measure progress toward achieving Section 201 establishes an independent U.S. economic growth in developing countries the objectives, a plan and a timeframe de- Government Corporation that will imple- committed to implementing good policies. scribing how and when the objectives will be ment the MCA according to provisions of Sec. 102. Eligibility criteria met. Each contract will state the respon- Title I of this Act. sibilities of the recipient country and the Section 102 identifies the criteria by which Sec. 202. Management of the corporation United States, and describe the role and con- countries will be eligible to receive Millen- Section 202 establishes a board of directors tributions of non-governmental entities in- nium Challenge Account (MCA) assistance for the Corporation that will be chaired by cluding other donors as appropriate. In addi- funds. MCA assistance will go to: the Secretary of State and include the Sec- tion, all contracts will provide for the finan- Very poor countries. It is currently antici- retary of the Treasury, and the Director of cial accountability of MCA funds. pated that in FY 2004, countries eligible for the Office of Management and Budget. Indi- MCA funds will be those that are currently Sec. 104. Millennium challenge assistance viduals serving in these positions in an act- eligible to borrow from the International De- Section 104 authorizes the President to ing capacity may serve on the Board. The velopment Association (IDA) and which have provide assistance for activities that con- Board will direct the exercise of all functions per capita incomes below $1,435 (the histor- tribute to the achievement of the objectives and powers of the Corporation, and shall ical IDA ‘‘cutoff’’ for aid). In FY 2005, all specified in the contract. These activities make the final decision on the eligibility and countries with per capita incomes below will drive productivity and economic growth selection of MCA countries.

VerDate Jan 31 2003 04:03 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.121 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3329 The position of the CEO of the Corporation The Millennium Challenge Account (MCA) also know the hundreds of my own pa- will be a Senate-confirmed Presidential ap- represents a new approach to providing and tients who live improved lives due to pointment. The CEO’s compensation is fixed delivering development assistance. This new advances in transplantation. at the equivalent of a deputy secretary of a compact for development breaks with the But I have also shared in the grief of department of level II of the Executive past by tying increased assistance to per- patients who died before they could re- Schedule. formance and creating new accountability ceive a transplant—a direct result of a Sec. 203. Functions of the corporation for all nations. This proposal implements my large and growing shortage of organ Section 203 authorizes the Corporation to commitment to increase current levels of make grants to any private or public entity core development assistance by 50 percent donors. Medical advances have pro- to carry out the Millennium Challenge Con- over the next 3 years, thus providing an an- duced a staggering increase in the tracts, to provide technical assistance to de- nual increase of $5 billion by fiscal; year 2006. number of eligible transplant can- velop or carry out the Contracts, and to pro- To be eligible for this new assistance, coun- didates, while the supply of organs fails vide for the financial management and eval- tries must demonstrate commitment to to keep pace. Today, more than 80,000 uation of MCA programs. three standards—ruling justly, investing in patients await a transplant (a four-fold Sec. 204. Powers of the corporation their people, and encouraging economic free- increase from just over a decade ago). dom. Given this commitment, and the link Section 204 provides general powers to the between financial accountability and devel- At the same time, more patients die MCC to enable it to conduct business oper- opment success, special attention will be each year before they can receive that ations. The principal office of the MCC is to life-saving organ. be established in the Washington, D.C. met- given to fighting corruption. The goal of the Millennium Challenge Ac- I have also witnessed firsthand how ropolitan area. The MCC also has the author- count initiative is to reduce poverty by sig- ity to establish overseas offices as it sees fit. great, lifesaving hope can spring from nificantly increasing economic growth in re- Employees of the MCC, and individuals de- great tragedy. Earlier this year, I of- cipient countries through a variety of tar- tailed to the MCC, are provided the author- fered my assistance at the scene of a geted investments. The MCA will be admin- ity to hold offices with foreign governments, horrible automobile accident in Flor- istered by a new, small Government corpora- foreign government agencies, or inter- ida. Most of the family in the accident tion, called the Millennium Challenge Cor- national organizations, so long as no com- poration, designed to support innovative died—including two young children. pensation is paid to such employees or indi- strategies and to ensure accountability for While my heart goes out to his family viduals by the foreign entity or inter- measurable results. The Corporation will be for their terrible loss, from this trag- national organization. Contracts and other supervised by a Board of Directors chaired edy has come new life. This family commitments of funds may make commit- by the Secretary of State and composed of ments for the expenditure of funds for such agreed to donate the organs of their other Cabinet-level officials. The Corpora- period of time as the MCC deems necessary. loved ones. This gift has saved the life tion will be led by a Chief Executive Officer This section also provides discretion to the of a boy from the Virgin Islands. We appointed by the President, by and with the MCC with regard to the making, perform- must honor this family, and all other advice and consent of the Senate. This pro- ance, amendment, or modification of con- donor families, by redoubling our ef- posal provides the Corporation with flexible tracts, grants, and other agreements. Fi- authorities to optimize program implemen- forts to increasing organ donation. nally, this section provides that the MCC tation, contracting, and personnel selection There is no need for people to die and its assets and property are to be exempt while pursuing innovative strategies. while awaiting a new organ. In my from taxation by the United States or by any The Millennium Challenge Account initia- practice, I carried a card that listed my State or local taxing authority. tive recognizes the need for country owner- patients who were waiting on hearts— Sec. 205. Personnel and administrative authori- ship, financial oversight, and accountability always aware that several of them ties for results to ensure effective assistance. We would die before a live-saving organ Section 205 authorizes the CEO of the MCC, cannot accept permanent poverty in a world in coordination with the Director of the Of- would become available. It was this of progress. The MCA will provide people in needless loss of life that was the most fice of Personnel Management, to establish a developing nations the tools they need to human resources management system for seize the opportunities of the global econ- painful, most frustrating and most dis- the Corporation, including a retirement ben- omy. I urge the prompt and favorable consid- appointing part of my work. efits program. However, provisions of title 5 eration of this legislation. In 2000, there were almost 23,000 of the United States Code related to anti-dis- GEORGE W. BUSH. transplants—a significant increase crimination, merit systems principles, whis- THE WHITE HOUSE February 5, 2003. over the roughly 13,000 transplant per- tle blowing, and conflicts of interest, are spe- formed in 1988. Between 1990 and 2001, cifically made applicable to the MCC. Em- By Mr. FRIST: the number of organ donors almost ployees of the MCC are considered Federal S. 572. A bill to establish a congres- doubled, mainly as a result of an in- employees for purposes of leave benefits, sional commemorative medal for organ crease in organs from live donors. In workers compensation, unemployment bene- donors and their families; to the Com- fits, life insurance, health insurance, and fact, over those ten years, the number long-term care insurance. mittee on Banking, Housing, and of cadaveric donors increased only 35 Section 205 also provides the authorities Urban Affairs. percent while the demand for trans- for detailing U.S. government employees and plant has more than tripled. private sector staff to the Corporation. Fed- By Mr. FRIST (for himself, Mr. More must be done. There are simply eral employees have two options for serving DODD, and Mr. ENZI): not enough organ donors; public aware- in the Corporation. They may be detailed on S. 573. A bill to amend the Public ness has not kept up with the rapid ad- a reimbursable or nonreimburseable basis Health Service Act to promote organ vances of transplantation. It is our without interruption of their civil service donation, and for other purposes; to status and privileges. Alternatively, they duty to do all we can to raise aware- the Committee on Health, Education, ness about the gift of life. may resign from their home agency and re- Labor and Pensions. tain employment rights. Private sector orga- We must do is work to encourage all nizations may also detail staff to the MCC, Mr. FRIST. Mr. President, this year, Americans to share their desire to be while continuing to pay those employees pay due to the rapid and tremendous ad- an organ donor with their families. and benefits. vancements in our knowledge and in We must find other ways to improve The Corporation has the authority to allo- the science of organ transplantation, organ donation—to identify eligible or- cate or transfer money to other agencies; use thousands of Americans will receive a gans and work with families to help the services and facilities of any U.S. agency life-saving organ transplant. These ad- them better understand the value of under agreed upon terms; and use any of the vances have allowed us to save the administrative authorities contained in the donation. This is a new science—one State Department Basic Authorities Act of lives of patients who were once not that I have had the privilege of watch- 1956 and the Foreign Assistance Act of 1961. considered candidates for transplan- ing firsthand grow from theories and Section 205 also makes the provisions of tation. experiments to accepted medical prac- the Government Corporation Control act ap- As a heart and lung transplant sur- tice. My mentor, Dr. Norman Shum- plicable to the MCC. geon, I have had the opportunity to way, was one of the leaders in the field; watch the field develop and grow over and the advent of cyclosporin was crit- To the Congress of the United States: the past three decades. I remember my I am pleased to transmit a legislative pro- ical to its progress. But much remains posal to establish the Millennium Challenge own experiences—of conducting some to be learned, and we must continue to Account and the Millennium Challenge Cor- of the first transplants using hearts move forward. poration. Also transmitted is a section-by- and lungs—and recognize our tremen- That is why one of my first priorities section analysis. dous progress since that time. And I when I came to the Senate in 1995 was

VerDate Jan 31 2003 04:03 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.125 S06PT1 S3330 CONGRESSIONAL RECORD — SENATE March 6, 2003 to establish the Congressional Task State law. This review should be time- SEC. 2. CONGRESSIONAL MEDAL. Force on Organ Donation—to promote ly and include recommendations for ac- The Secretary of the Treasury shall design awareness of this important issue and tion necessary to replicate the best and strike a bronze medal with suitable em- blems, devices, and inscriptions, to be deter- encourage a new dialogue seeking an- practices identified and to otherwise mined by the Secretary of the Treasury, to swers. increase organ donation rates. commemorate organ donors and their fami- Recent years have witnessed a new We must recognize and honor the sac- lies. emphasis on highlighting public aware- rificial decisions to give consent and SEC. 3. ELIGIBILITY REQUIREMENTS. ness of this need. In particular, I com- give the gift of life made each year by (a) IN GENERAL.—Any organ donor, or the mend Secretary Thompson for making thousands of donors and families. We family or family member of any organ donor, organ donation a top priority at the must do this in such a way as to honor shall be eligible for a medal described in sec- Department of Health and Human those sharing life through donation tion 2. (b) DOCUMENTATION.—The Secretary of Services. and increase public awareness of this issue. Health and Human Services shall direct the There also are a number of com- entity holding the Organ Procurement and plementary legislative approaches that These initiatives are contained with- Transplantation Network (hereafter in this we should pursue towards this end. in two important pieces of legislation I Act referred to as ‘‘OPTN’’) to contract to— We should provide funding for inno- am introducing today. (1) establish an application procedure re- vative and bold demonstration projects The Organ Donation and Recovery quiring the relevant organ procurement or- to improve donation and recovery Improvement Act is a bipartisan, com- ganization, as described in section 371(b)(1) rates. As part of this, we should ensure prehensive bill that seeks to improve of the Public Health Service Act (42 U.S.C. the overall process of organ donation 273(b)(1)), through which an individual or that the projects’ results will be evalu- and recovery, enhance our knowledge their family made an organ donation, to sub- ated quickly and their lessons be dis- base in these fields, encourage novel mit to the OPTN contractor documentation seminated broadly. approaches to this growing problem supporting the eligibility of that individual We should provide for the placement and increase the number of organs or their family to receive a medal described and evaluation of organ donation coor- in section 2; and available for transplants each year. dinators in hospitals—a model that has (2) determine, through the documentation The bill also seeks to remove potential worked with success in other countries. provided, and, if necessary, independent in- barriers to donation, while identifying We should expand the authority of vestigation, whether the individual or family and focusing on best practices in organ the Agency for Healthcare Research is eligible to receive a medal described in donation. I thank Senator CHRISTOPHER section 2. and Quality to conduct important re- DODD and Senator MIKE ENZI for their SEC. 4. PRESENTATION. search on the recovery, preservation assistance on this important bill. I also (a) DELIVERY TO THE SECRETARY OF HEALTH and transportation of organs. The want to thank the wide range of pa- AND HUMAN SERVICES.—The Secretary of the science of organ transplantation has tient and organ transplantation orga- Treasury shall deliver medals struck pursu- been improved and refined since its in- nizations who have done good work on ant to this Act to the Secretary of Health and Human Services. ception. Yet all too often, organ dona- this bill, including the American Soci- tion efforts are conducted under the (b) DELIVERY TO ELIGIBLE RECIPIENTS.—The ety of Transplantation, American Soci- Secretary of Health and Human Services same practices as they were twenty ety of Transplant Surgeons, North shall direct the OPTN contractor to arrange years ago. We must establish a strong American Transplant Coordinators Or- for the presentation to the relevant organ evidence-based approach to enhancing ganization, Tennessee Donor Services, procurement organization all medals struck organ donation and recovery. New Mexico Donor Services, and Gold- pursuant to this Act to individuals or fami- We must encourage living organ do- en State Donor Services. lies that, in accordance with section 3, the nation by reducing potential financial The Gift of Life Congressional Medal OPTN contractor has determined to be eligi- disincentives facing living donors ble to receive medals under this Act. Act will make each donor or donor (c) LIMITATION.— through the reimbursement of travel family eligible to receive a commemo- (1) IN GENERAL.—Except as provided in and other expenses incurred by living rative Congressional medal. This legis- paragraph (2), only 1 medal may be presented donors and their families. lation, which does not cost taxpayers a to a family under subsection (b). Such medal We must also seriously evaluate the penny, will recognize the thousands of shall be presented to the donating family long-term health effects of serving as a individuals each year who share the member, or in the case of a deceased donor, living donor by asking the Institute of gift of life through organ donation. the family member who signed the consent Medicine to report on this issue and by Moreover, it will encourage potential form authorizing, or who otherwise author- establishing a living donor registry to donors and enhance public awareness of ized, the donation of the organ involved. the importance of organ donation to (2) EXCEPTION.—In the case of a family in track the health of individuals who which more than 1 member is an organ have served as living organ donors. the over 80,000 Americans waiting for a donor, the OPTN contractor may present an We must seriously examine and im- transplant. Representative PETE STARK additional medal to each such organ donor or prove the role of organ donor reg- will soon be introducing the companion their family. istries. These programs have an impor- bill in the House of Representatives, SEC. 5. DUPLICATE MEDALS. tant role to play in improving organ and I thank him for his dedication in (a) IN GENERAL.—The Secretary of Health donation rates and have been used with this area. and Human Services or the OPTN contractor different levels of success in some Organ donation is one of the most may provide duplicates of the medal de- states. However, a number of questions important issues before us today. Each scribed in section 2 to any recipient of a medal under section 4(b), under such regula- surrounding registries remain unan- year, thousands of donors and families make the important decision to give tions as the Secretary of Health and Human swered and their effectiveness has not Services may issue. been fully evaluated. consent and give the gift of life. We (b) LIMITATION.—The price of a duplicate We must undertake a high-level sys- must recognize and honor their sac- medal shall be sufficient to cover the cost of tematic examination of the effective- rifice, and, in so honoring, work to in- such duplicates. ness of a range of organ donation ap- crease donation rates and allow more SEC. 6. NATIONAL MEDALS. proaches. Specifically, the Institute of families to receive this gift of life each The medals struck pursuant to this Act are year. Hundreds of my own patients are national medals for purposes of section 5111 Medicine should evaluate practices or of title 31, United States Code. organ procurement organizations, alive today because of this gift. Let us work together to allow more patients SEC. 7. GENERAL WAIVER OF PROCUREMENT States, and other countries. This study REGULATIONS. should examine existing barriers to and families to experience this miracle. No provision of law governing procurement I ask unanimous consent that the organ donation, as well as best dona- or public contracts shall be applicable to the text of the bills printed in the RECORD. tion and recovery practices, such as procurement of goods or services necessary mandated choice and presumed con- S. 572 for carrying out the provisions of this Act. sent. The study should evaluate con- Be it enacted by the Senate and House of Rep- SEC. 8. SOLICITATION OF DONATIONS. resentatives of the United States of America in (a) IN GENERAL.—The Secretary of the sent practices, existing state routine Congress assembled, Treasury may enter into an agreement with notification laws, and the impact of re- SECTION 1. SHORT TITLE. the OPTN contractor to collect funds to off- quests for consent where registry list- This Act may be cited as the ‘‘Gift of Life set expenditures relating to the issuance of ing constitutes express consent under Congressional Medal Act of 2003’’. medals authorized under this Act.

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(b) PAYMENT OF FUNDS.— ‘‘(b) COMPOSITION.— ‘‘(B) hospital- or other health care-facility (1) IN GENERAL.—Except as provided in ‘‘(1) IN GENERAL.—The task force shall be based chaplains; and paragraph (2), all funds received by the composed of— ‘‘(C) emergency medical personnel. Organ Procurement and Transplantation ‘‘(A) the Surgeon General, who shall serve ‘‘(d) LIMITED DEMONSTRATION PROJECTS.— Network under subsection (a) shall be as the chairperson; and ‘‘(1) REPORTS.—Not later than 1 year after promptly paid by the Organ Procurement ‘‘(B) representatives to be appointed by the the date of enactment of this section, the and Transplantation Network to the Sec- Secretary from relevant agencies within the Secretary shall prepare and submit to the retary of the Treasury. Department of Health and Human Services appropriate committees of Congress a report (2) LIMITATION.—Not more than 5 percent (including the Health Resources and Services evaluating the ethical implications of pro- of any funds received under subsection (a) Administration, Centers for Medicare & Med- posals for demonstration projects to increase shall be used to pay administrative costs in- icaid Services, National Institutes of Health, cadaveric donation. curred by the OPTN contractor as a result of and Agency for Healthcare Research and ‘‘(2) AUTHORITY.—Notwithstanding section an agreement established under this section. Quality). 301 of the National Organ Transplant Act (42 (c) NUMISMATIC PUBLIC ENTERPRISE FUND.— ‘‘(2) OTHER EX OFFICIO MEMBERS.—The Sec- U.S.C. 274e), upon the submission of and con- Notwithstanding any other provision of retary shall invite the following individuals sistent with the report by the Secretary law— to serve as ex officio members of the task under paragraph (1), the Secretary may con- (1) all amounts received by the Secretary force: duct up to 3 demonstration projects to in- of the Treasury under subsection (b)(1) shall ‘‘(A) A representative from the Depart- crease cadaveric donation. be deposited in the Numismatic Public En- ment of Transportation. ‘‘(3) DURATION.—Each project shall last no terprise Fund, as described in section 5134 of ‘‘(B) A representative from the Department more than 3 years, and shall be conducted in title 31, United States Code; and of Defense. a limited number of sites or areas. (2) the Secretary of the Treasury shall ‘‘(C) A representative from the Department ‘‘(4) REVIEW.—The Secretary shall provide charge such fund with all expenditures relat- of Veterans Affairs. for the ongoing ethical review and evalua- ing to the issuance of medals authorized ‘‘(D) A representative from the Office of tion of such projects to ensure that such under this Act. Personnel Management. projects are administered effectively as pos- (d) START-UP COSTS.—A 1-time amount not ‘‘(E) A physician representatives from the sible and in accordance with the stated pur- to exceed $55,000 shall be provided to the board of directors of the Organ Procurement pose of this subsection under paragraph (2). OPTN contractor to cover initial start-up and Transplantation Network. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— costs. The amount will be paid back in full ‘‘(F) Representatives of other Federal There is authorized to be appropriated to within 3 years of the date of the enactment agencies or departments as determined to be carry out this section, $5,000,000 for fiscal of this Act from funds received under sub- appropriate by the Secretary. year 2004, and such sums as may be necessary section (a). ‘‘(c) ANNUAL REPORT.—In addition to ac- for each of the fiscal years 2005 through 2008. (e) NO NET COST TO THE GOVERNMENT.—The tivities carried out under subsection (a), the ‘‘SEC. 378B. GRANTS REGARDING HOSPITAL Secretary of the Treasury shall take all ac- task force shall support the development of ORGAN DONATION COORDINATORS. tions necessary to ensure that the issuance the annual report under section 378D(c). ‘‘(a) AUTHORITY.— of medals authorized under section 2 results ‘‘(d) TERMINATION.—The task force may be ‘‘(1) IN GENERAL.—The Secretary may in no net cost to the Government. terminated at the discretion of the Secretary award grants to qualified organ procurement SEC. 9. DEFINITIONS. following the completion of at least 2 annual organizations under section 371 to establish In this Act: reports under section 378D(c). Upon such ter- programs coordinating organ donation ac- (1) ORGAN.—The term ‘‘organ’’ means the mination, the Secretary shall provide for the tivities of eligible hospitals and qualified human kidney, liver, heart, lung, pancreas, on-going coordination of federally supported organ procurement organizations under sec- and any other human organ (other than cor- or conducted organ donation and research tion 371. Such activities shall be coordinated neas and eyes) specified by regulation of the activities.’’. to increase the rate of organ donations for Secretary of Health and Human Services or SEC. 102. DEMONSTRATION PROJECTS, EDU- such hospitals. the OPTN contractor. CATION, AND PUBLIC AWARENESS. ‘‘(2) ELIGIBLE HOSPITAL.—For purposes of Part H of title III of the Public Health (2) ORGAN PROCUREMENT AND TRANSPLAN- this section, an eligible hospital is a hospital Service Act (42 U.S.C 273 et seq.) is amended TATION NETWORK.—The term ‘‘Organ Procure- that performs significant trauma care, or a by inserting after section 378, as added by ment and Transplantation Network’’ means hospital or consortium of hospitals that section 101, the following: the Organ Procurement and Transplantation serves a population base of not fewer than Network established under section 372 of the ‘‘SEC. 378A. DEMONSTRATION PROJECTS, EDU- 200,000 individuals. CATION, AND PUBLIC AWARENESS. ‘‘(b) ADMINISTRATION OF COORDINATION PRO- Public Health Service Act (42 U.S.C. 274). ‘‘(a) GRANTS TO INCREASE DONATION GRAM.—A condition for the receipt of a grant SEC. 10. SUNSET PROVISION. RATES.—The Secretary shall award peer-re- under subsection (a) is that the applicant in- This Act shall be effective during the 5- viewed grants to public and non-profit pri- volved agree that the program under such year period beginning on the date of the en- vate entities, including States, to carry out subsection will be carried out jointly— actment of this Act. studies and demonstration projects to in- ‘‘(1) by representatives from the eligible S. 573 crease organ donation and recovery rates, in- hospital and the qualified organ procurement Be it enacted by the Senate and House of Rep- cluding living donation. organization with respect to which the grant resentatives of the United States of America in ‘‘(b) ORGAN DONATION PUBLIC AWARENESS is made; and Congress assembled, PROGRAM.—The Secretary shall establish a ‘‘(2) by such other entities as the rep- public education program in cooperation SECTION 1. SHORT TITLE. resentatives referred to in paragraph (1) may with existing national public awareness cam- This Act may be cited as the ‘‘Organ Dona- designate. paigns to increase awareness about organ do- tion and Recovery Improvement Act’’. ‘‘(c) EVALUATIONS.—Within 3 years after nation and the need to provide for an ade- the award of grants under this section, the TITLE I—ORGAN DONATION AND quate rate of such donations. Secretary shall ensure an evaluation of pro- RECOVERY ‘‘(c) DEVELOPMENT OF CURRICULA AND grams carried out pursuant to subsection (a) SEC. 101. INTERAGENCY TASK FORCE ON ORGAN OTHER EDUCATION ACTIVITIES.— in order to determine the extent to which DONATION. ‘‘(1) IN GENERAL.—The Secretary, in coordi- the programs have increased the rate of Part H of title III of the Public Health nation with the Organ Procurement and organ donation for the eligible hospitals in- Service Act (42 U.S.C. 273 et seq.) is amend- Transplantation Network and other appro- volved. Such evaluation shall include rec- ed— priate organizations, shall support the devel- ommendations on whether the program (1) by redesignating section 378 (42 U.S.C. opment and dissemination of model cur- should be expanded to include other grant- 274g) as section 378E; and ricula to train health care professionals and ees, such as hospitals. (2) by inserting after section 377 (42 U.S.C. other appropriate professionals (including ‘‘(d) MATCHING REQUIREMENT.—The Sec- 274f) the following: religious leaders in the community, funeral retary may not award a grant to a qualifying ‘‘SEC. 378. INTER-AGENCY TASK FORCE ON directors, and law enforcement officials) in organ donation entity under this section un- ORGAN DONATION AND RESEARCH. issues surrounding organ donation, including less such entity agrees that, with respect to ‘‘(a) IN GENERAL.—The Secretary shall es- methods to approach patients and their fam- costs to be incurred by the entity in carrying tablish an inter-agency task force on organ ilies, cultural sensitivities, and other rel- out activities for which the grant was award- donation and research (referred to in this evant issues. ed, the entity shall contribute (directly or section as the ‘task force’) to improve the ‘‘(2) HEALTH CARE PROFESSIONALS.—For through donations from public or private en- coordination and evaluation of— purposes of subparagraph (A), the term tities) non-Federal contributions in cash or ‘‘(1) federally supported or conducted organ ‘health care professionals’ includes— in kind, in an amount equal to not less than donation efforts and policies; and ‘‘(A) medical students, residents and fel- 30 percent of the amount of the grant award- ‘‘(2) federally supported or conducted basic, lows, attending physicians (through con- ed to such entity. clinical and health services research (includ- tinuing medical education courses and other ‘‘(e) FUNDING.—For the purpose of carrying ing research on preservation techniques and methods), nurses, social workers, and other out this section, there are authorized to be organ rejection and compatibility). allied health professionals; and appropriated $3,000,000 for fiscal year 2004,

VerDate Jan 31 2003 04:03 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.128 S06PT1 S3332 CONGRESSIONAL RECORD — SENATE March 6, 2003 and such sums as may be necessary for each ‘‘(A) existing barriers to organ donation, qualified organ procurement organizations of fiscal years 2005 through 2008.’’. including among minority populations; and under section 371, or other public or private SEC. 103. STUDIES RELATING TO ORGAN DONA- ‘‘(B) best donation and recovery practices, entities for the purpose of— TION AND THE RECOVERY, PRESER- including— ‘‘(1) providing for the reimbursement of VATION, AND TRANSPORTATION OF ‘‘(i) mandated choice and presumed con- travel and subsistence expenses incurred by ORGANS. sent; individuals toward making living donations Part H of title III of the Public Health ‘‘(ii) organ procurement organization and of their organs (in this section referred as Service Act (42 U.S.C 273 et seq.) is amended provider consent practices (including con- ‘donating individuals’); and by inserting after section 378B, as added by sent best practices); ‘‘(2) providing for the reimbursement of section 102, the following: ‘‘(iii) the efficacy and reach of existing such incidental nonmedical expenses that ‘‘SEC. 378C. STUDIES RELATING TO ORGAN DONA- State routine notification laws with respect are so incurred as the Secretary determines TION AND THE RECOVERY, PRESER- to organ procurement organizations; by regulation to be appropriate. VATION, AND TRANSPORTATION OF ‘‘(iv) the impact of requests for consent in ‘‘(b) PREFERENCE.—The Secretary shall, in ORGANS. States where registry registration con- carrying out subsection (a), give preference ‘‘(a) DEVELOPMENT OF SUPPORTIVE INFOR- stitutes express consent under State law; to those individuals that the Secretary de- MATION.—The Secretary, acting through the and termines are more likely to be otherwise un- Administrator of the Health Resources and ‘‘(v) recommendations with respect to able to meet such expenses. Services Administration and the Director of achieving higher donation rates, including ‘‘(c) CERTAIN CIRCUMSTANCES.—The Sec- the Agency for Healthcare Research and among minority populations. retary may, in carrying out subsection (a), Quality shall develop scientific evidence in ‘‘(3) REPORT.—Not later than 18 months consider— support of efforts to increase organ donation after the date of enactment of this section, ‘‘(1) the term ‘donating individuals’ as in- and improve the recovery, preservation, and the Institute of Medicine shall submit to the cluding individuals who in good faith incur transportation of organs. Secretary a report concerning the evaluation qualifying expenses toward the intended do- ‘‘(b) ACTIVITIES.—In carrying out sub- conducted under this subsection. Such report nation of an organ but with respect to whom, section (a), the Secretary shall— shall include recommendations for adminis- for such reasons as the Secretary determines ‘‘(1) conduct or support evaluation re- trative actions and, if necessary, legislation to be appropriate, no donation of the organ search to determine whether interventions, in order to replicate the best practices iden- occurs; and technologies, or other activities improve the tified in the evaluation and to otherwise in- ‘‘(2) the term ‘qualifying expenses’ as in- effectiveness, efficiency, or quality of exist- crease organ donation and recovery rates. cluding the expenses of having relatives or ing organ donation practice; ‘‘(b) IOM REPORT ON LIVING DONATIONS.— other individuals, not to exceed 2, who ac- ‘‘(2) undertake or support periodic reviews ‘‘(1) IN GENERAL.—The Secretary shall company or assist the donating individual of the scientific literature to assist efforts of enter into a contract with the Institute of for purposes of subsection (a) (subject to professional societies to ensure that the clin- Medicine to conduct an evaluation of living making payment for only such types of ex- ical practice guidelines that they develop re- donation practices and procedures. Such penses as are paid for donating individual). flect the latest scientific findings; evaluation shall include, but is not limited ‘‘(d) RELATIONSHIP TO PAYMENTS UNDER ‘‘(3) ensure that scientific evidence of the to an assessment of issues relating to in- OTHER PROGRAMS.—An award may be made research and other activities undertaken formed consent and the health risks associ- under subsection (a) only if the applicant in- under this section is readily accessible by ated with living donation (including possible volved agrees that the award will not be ex- the organ procurement workforce; and reduction of long-term effects). pended to pay the qualifying expenses of a ‘‘(4) work in coordination with the appro- ‘‘(2) REPORT.—Not later than 18 months donating individual to the extent that pay- priate professional societies as well as the after the date of enactment of this section, ment has been made, or can reasonably be Organ Procurement and Transplantation the Institute of Medicine shall submit to the expected to be made, with respect to such ex- Network and other organ procurement and Secretary a report concerning the evaluation penses— transplantation organizations to develop evi- conducted under this subsection. ‘‘(1) under any State compensation pro- dence and promote the adoption of such ‘‘(c) REPORT ON DONATION AND RECOVERY gram, under an insurance policy, or under proven practices. ACTIVITIES.— any Federal or State health benefits pro- ‘‘(c) RESEARCH, DEMONSTRATIONS, AND ‘‘(1) IN GENERAL.—The Secretary as part of gram; TRAINING.—The Secretary, acting through the report specified in 274d shall submit an ‘‘(2) by an entity that provides health serv- the Administrator of the Health Resources evaluation concerning federally supported or ices on a prepaid basis; or and Services Administration and the Direc- conducted organ donation and recovery ac- ‘‘(3) by the recipient of the organ. tor of the Agency for Healthcare Research tivities, including donation and recovery ac- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— and Quality, as appropriate, shall provide tivities evaluated or conducted under the For the purpose of carrying out this section, support for research, demonstrations, and amendments made by the Organ Donation there is authorized to be appropriated training as appropriate, to— and Recovery Improvement Act to increase $5,000,000 for fiscal year 2004, and such sums ‘‘(1) develop a uniform clinical vocabulary organ donation and recovery rates. as may be necessary for each of fiscal years for organ recovery; ‘‘(2) REQUIREMENTS.—To the extent prac- 2005 through 2008.’’. ‘‘(2) apply information technology and ticable, each evaluation submitted under TITLE III—ORGAN REGISTRIES telecommunications to support the clinical paragraph (1) shall— operations of organ procurement organiza- ‘‘(A) evaluate the effectiveness of activi- SEC. 301. ADVISORY COMMITTEE. tions; ties, identify best practices, and make rec- Part H of title III of the Public Health ‘‘(3) enhance the skill levels of the organ ommendations regarding the adoption of Service Act (42 U.S.C. 273 et seq.) is amended procurement workforce in undertaking qual- best practices with respect to organ donation by inserting after section 371 the following: ity improvement activities; and and recovery; and ‘‘SEC. 371A. ADVISORY COMMITTEE. ‘‘(4) assess specific organ recovery, preser- ‘‘(B) assess organ donation and recovery ‘‘(a) IN GENERAL.—Not later than 6 months vation, and transportation technologies. activities that are recently completed, ongo- after enactment, the Secretary shall estab- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ing, or planned.’’. lish an advisory committee to study existing For the purpose of carrying out this section, SEC. 105. TECHNICAL AMENDMENT CONCERNING organ donor registries and make rec- there are authorized to be appropriated ORGAN PURCHASES. ommendations to Congress regarding the $5,000,000 for fiscal year 2004, and such sums Section 301(c)(2) of the National Organ costs, benefits, and expansion of such reg- as may be necessary for each of fiscal years Transplant Act (42 U.S.C. 274e(c)(2)) is istries. 2005 through 2008.’’. amended by adding at the end the following: ‘‘(b) MEMBERSHIP.—The committee shall be SEC. 104. REPORTS. ‘‘Such term does not include familial, emo- composed of 10 members of whom— Part H of title III of the Public Health tional, psychological, or physical benefit to ‘‘(1) at least 1 member shall be a physician Service Act (42 U.S.C. 273 et seq.) is amended an organ donor, recipient, or any other party with experience performing transplants; by inserting after section 378C, as added by to an organ donation event.’’. ‘‘(2) at least 1 member shall have experi- section 103, the following: TITLE II—LIVING DONATION EXPENSES ence in organ recovery; ‘‘SEC. 378D. REPORTS. SEC. 201. REIMBURSEMENT OF TRAVEL AND SUB- ‘‘(3) at least 1 member shall be representa- ‘‘(a) IOM REPORT ON BEST PRACTICES.— SISTENCE EXPENSES INCURRED TO- tive of an organization with experience con- ‘‘(1) IN GENERAL.—The Secretary shall WARD LIVING ORGAN DONATION. ducting national awareness campaigns and enter into a contract with the Institute of Section 377 of the Public Health Service donor outreach; Medicine to conduct an evaluation of the Act (42 U.S.C. 274f) is amended to read as fol- ‘‘(4) at least 1 member shall be representa- organ donation practices of organ procure- lows: tive of a State with an existing donor reg- ment organizations, States, other countries, ‘‘SEC. 377. REIMBURSEMENT OF TRAVEL AND istry; and other appropriate organizations. SUBSISTENCE EXPENSES INCURRED ‘‘(5) at least 1 member shall have experi- ‘‘(2) CONSIDERATIONS.—In conducting the TOWARD LIVING ORGAN DONATION. ence with national information systems evaluation under paragraph (1), the Institute ‘‘(a) IN GENERAL.—The Secretary may where coordination occurs with State-based of Medicine shall examine— award grants to States, transplant centers, systems; and

VerDate Jan 31 2003 04:03 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.128 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3333 ‘‘(6) at least 1 member shall represent Jessica’s only chance for survival. In- ized to expand the Agency for Health donor families, transplant recipients, and stead, we should make a commitment Care Research and Quality’s authority those awaiting transplantation. to increasing our donation rates and to improve organ donation practices. ‘‘(c) INITIAL MEETING.—Not later than 30 saving even more lives. We must also work to remove the days after the date on which all members of Today, I am pleased to reintroduce the committee have been appointed, the barriers that stand in a donor’s way as committee shall hold its first meeting. legislation with Senator BILL FRIST to he or she seeks to help another person ‘‘(d) MEETINGS.—The committee shall meet do just that. The Organ Donation and continue life. Our bill would seek to ex- at the call of the Chairman who shall be se- Recovery Improvement Act, which pand living donation by authorizing $5 lected by the Secretary. Senator FRIST and I originally intro- million in fiscal year 2004 and such ‘‘(e) COMPENSATION.—Each member of the duced last Congress, will bring positive sums as may be necessary in fiscal committee shall not receive compensation attention to this critical public health years 2005 through 2008 for the reim- for services provided under this section. issue by increasing resources and co- ‘‘(f) TRAVEL EXPENSES.—The members of bursement of related expenses incurred the committee shall be allowed travel ex- ordinating efforts to improve organ do- by the donor. In addition, this legisla- penses, including per diem in lieu of subsist- nation and recovery. I am proud to be tion requests an Institute of Medicine ence, at rates authorized for employees of working with my friend and colleague, report on living donation practices and agencies under subchapter I of chapter 57 of Senator FRIST, whose leadership and potential long-term health risks. title 5, United States Code, while away from professional experience as a heart and Finally, we must work to improve their homes or regular places of business in lung transplant surgeon has been crit- the science of donation and recovery, the performance of services for the com- ical in making this issue a priority. and address legal issues relating to do- mittee. At this very moment, more than nation, including consent. More than 20 ‘‘(g) ADMINISTRATIVE SUPPORT.—The Sec- 80,000 people are waiting for an organ retary shall ensure that the committee is states currently have registries that provided with administrative support or any transplant, and one person is added to may prove indispensable in ensuring other technical assistance that such com- this list every thirteen minutes. This that we honor a donor’s wishes. This mittee needs in carrying out its duties. list has increased from 19,095 people a bill would establish an advisory com- ‘‘(h) PERMANENT COMMITTEE.—Section 14 of decade ago. Unfortunately, the discrep- mittee to study the benefits, and po- the Federal Advisory Committee Act shall ancy between the need and the number tential shortcomings, of these arrange- not apply to the committee established of available organs is growing exponen- ments and work to create a national under this section. tially. From 1999 to 2000, transplant ‘‘(i) REPORT.—Not later than 1 year after sense of urgency that matches the na- the date on which the committee is estab- waiting lists grew by 10.2 percent, tional need for donors. lished under subsection (a), the committee while the total increase in donations I would like to recognize the invalu- shall prepare and submit to Congress a re- grew by 5.3 percent. Tragically, in 2000, able support and guidance we received port regarding the status of organ donor reg- approximately 5,500 wait-listed pa- in drafting this bill from the American istries, current best practices, the effect of tients died waiting for an organ. Society of Transplantation, the Amer- organ donor registries on organ donation Undoubtedly, the task before our na- ican Liver Foundation, the Patient Ac- rates, the merits of expanding organ donor tion in caring for these patients seems registries, issues relating to consent, the ef- cess to Transplantation Coalition, the daunting. However, each person who North American Transplant Coordina- ficacy of current privacy protections, poten- makes the decision to donate can save tial forms of technical assistance, and rec- tors Organization, and the National ommendations regarding improving the ef- as many as three lives. None of us Kidney Foundation. I would be remiss fectiveness and establishing formal linkages wants to imagine the anguish of watch- not to also mention the Association of between organ donor registries. ing a family member or a friend wait Organ Procurement Organizations, ‘‘(j) DEFINITION.—In this section, the term for an organ transplant hoping that whose members nationwide have ‘organ donor registry’ means a listing of in- their name reaches the top of the list worked so tirelessly to bridge the gap dividuals who have indicated their desire to before their damaged organ fails or donate their organs and tissue upon their between the immense need for and the having to bear the emotional, physical, inadequate supply of donated organs. death through driver’s license preferences or or financial costs of undergoing a other formal mechanisms.’’. In my home state of Connecticut, we transplant procedure. For those that SEC. 302. NATIONAL LIVING DONOR REGISTRY. are well-served by the tremendous Part H of title III of the Public Health do, and for all of those that will, we work of the Northeast Organ Procure- Service Act (42 U.S.C. 273 et seq.), as amend- must improve and strengthen our sys- ment Organization and the New Eng- ed by section 301, is further amended by in- tems of organ donation and recovery. land Organ Bank. serting after section 371A the following: The legislation that Senator FRIST and Finally, I look forward to working ‘‘SEC. 371B. NATIONAL LIVING DONOR REGISTRY. I are introducing today represents a with my colleagues, including Senator ‘‘The Secretary shall by contract establish significant step towards this goal. It KENNEDY, Senator GREGG, and Senator and maintain a registry of individuals who would establish a task force to evalu- DURBIN, whose commitment to this have served as living organ donors for the ate and improve federal efforts relating purpose of evaluating the long-term health issue has been unparalleled. I urge Con- to organ donation and transplantation gress to take swift action on this bipar- effects associated with living organ dona- research, and would also authorize $3 tions.’’. tisan legislation aimed at increasing million in fiscal year 2004 and such SEC. 303. QUALIFIED ORGAN PROCUREMENT OR- organ donation and saving lives. sums as may be necessary in fiscal GANIZATIONS. f Section 371(a) of the Public Health Service years 2005 through 2008 for grants to Act (42 U.S.C. 273(a)) is amended by striking Organ Procurement Organizations to SUBMITTED RESOLUTIONS paragraph (3). coordinate donation activities between Mr. DODD. Mr. President, for tragic hospitals. reasons, organ donation has been in the A vital part of increasing donations SENATE RESOLUTION 78—DESIG- spotlight of late. On Saturday, Feb- lies in education and public awareness NATING MARCH 25, 2003, AS ruary 23, 2002, 17-year-old Jessica initiatives. This legislation would au- ‘‘GREEK INDEPENDENCE DAY: A Santillan died after receiving organs thorize $5 million in fiscal year 2004 NATIONAL DAY OF CELEBRA- from a donor with an incompatible and such sums as may be necessary in TION OF GREEK AND AMERICAN blood type. I would like to take this fiscal years 2005 through 2008 to edu- DEMOCRACY’’ opportunity to express my heartfelt cate the public about issues sur- Mr. SPECTER (for himself, Mr. BEN- condolences to Jessica’s family and rounding organ donation, as well as NETT, Mr. BIDEN, Mr. BINGAMAN, Mrs. friends. train health care providers and other BOXER, Mr. CARPER, Mrs. CLINTON, Mr. While it is critical to understand how appropriate professionals in the best COCHRAN, Mr. COLEMAN, Ms. COLLINS, mistakes led to Jessica’s death, and methods to use when approaching pos- Mr. CORZINE, Mr. DASCHLE, Mr. how they can be avoided in the future, sible donors and their families. This DEWINE, Mr. DODD, Mr. DOMENICI, Mr. this tragic incident should not dimin- funding could also be used for other DORGAN, Mr. DURBIN, Mr. EDWARDS, Mr. ish our commitment to organ dona- demonstration projects to increase FEINGOLD, Mrs. FEINSTEIN, Mr. FITZ- tion—a procedure that saves thousand organ donation and recovery rates. In GERALD, Mr. GRAHAM of South Caro- of lives each year, and was in fact addition, an equal amount is author- lina, Mr. GRASSLEY, Mr. GREGG, Mr.

VerDate Jan 31 2003 04:03 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.128 S06PT1 S3334 CONGRESSIONAL RECORD — SENATE March 6, 2003 HAGEL, Mr. HOLLINGS, Mr. INHOFE, Mr. penditure of over $600,000,000 and the utiliza- passed by the Senate since 1984 with INOUYE, Mr. JOHNSON, Mr. KENNEDY, tion of a 7-member Olympic Security Advi- overwhelming support. Accordingly, I Mr. KERRY, Mr. KOHL, Mr. LAUTENBERG, sory Group which includes the United urge my Senate colleagues to join me States, will contribute to a safe and secure Mr. LEVIN, Mr. LIEBERMAN, Mr. LOTT, in supporting this important resolu- environment for staging the 2004 Olympic Ms. MIKULSKI, Ms. MURKOWSKI, Mrs. Games in Athens, Greece; tion. MURRAY, Mr. NELSON of Florida, Mr. Whereas Greece, geographically located in I ask unanimous consent that the bill REED, Mr. REID, Mr. ROCKEFELLER, Mr. a region where Christianity meets Islam and be printed in the RECORD. SANTORUM, Mr. SARBANES, Mr. SES- Judaism, maintains excellent relations with Mr. DURBIN. Mr. President, today I SIONS, Mr. SCHUMER, Mr. SMITH, Ms. Muslim nations and Israel; rise before the Senate in support of a SNOWE, Mr. STEVENS, Mr. SUNUNU, Mr. Whereas Greece has had extraordinary suc- Senate Resolution submitted today by THOMAS, Mr. VOINOVICH, Mr. WARNER, cess in recent years in furthering cross-cul- my colleague Senator SPECTER. This tural understanding and reducing tensions and Mr. WYDEN) submitted the fol- resolution designates March 25 of this between Greece and Turkey; year as ‘‘Greek Independence Day: A lowing resolution; which was referred Whereas Greece and the United States are to the Committee on the Judiciary: day of celebration for Greek and Amer- at the forefront of the effort for freedom, de- ican democracy.’’ S. RES. 78 mocracy, peace, stability, and human rights; The people of ancient Greece made Whereas the ancient Greeks developed the Whereas those and other ideals have forged a close bond between our 2 nations and their important, lasting contributions to hu- concept of democracy, in which the supreme manity in the fields of literature, phi- power to govern was vested in the people; peoples; Whereas the Founding Fathers of the Whereas March 25, 2003, marks the 182nd losophy, mathematics, and the phys- United States drew heavily on the political anniversary of the beginning of the revolu- ical sciences. The greatest part of their experience and philosophy of ancient Greece tion that freed the Greek people from the legacy, though, is a simple yet power- in forming our representative democracy; Ottoman Empire; and ful idea that was born over 2,000 years Whereas Greek Commander in Chief Petros Whereas it is proper and desirable to cele- ago. It is the idea that citizens should Mavromichalis, a founder of the modern brate with the Greek people and to reaffirm possess the power to determine the the democratic principles from which our 2 Greek state, said to the citizens of the course of their Nation. United States in 1821, ‘‘it is in your land that great nations were born: Now, therefore, be it The bonds that join the United liberty has fixed her abode and . . . in imi- States and Greece are deep and long tating you, we shall imitate our ancestors Resolved, That the Senate— and be thought worthy of them if we succeed (1) designates March 25, 2003, as ‘‘Greek lasting. In 1821, Greek Commander in in resembling you’’; Independence Day: A National Day of Cele- Chief Petros Mavromichalis said to the Whereas Greece is 1 of only 3 nations in the bration of Greek and American Democracy’’; citizens of the United States: ‘‘it is in world, beyond the former British Empire, and your land that liberty has fixed her that has been allied with the United States (2) requests that the President issue a abode and . . . in imitating you, we in every major international conflict for proclamation calling on the people of the shall imitate our ancestors and be more than 100 years; United States to observe the day with appro- priate ceremonies and activities. thought worthy of them if we succeed Whereas Greece played a major role in the in resembling you.’’ Since modern Mr. SPECTER. Mr. President, today I World War II struggle to protect freedom and Greece’s struggle for independence 182 democracy through such bravery as was am pleased to submit a resolution years ago, our countries have stood to shown in the historic Battle of Crete and in along with 52 of my colleagues to des- together as allies and friends. We have presenting the Axis land war with its first ignate March 25, 2003, as ‘‘Greek Inde- peacefully worked together in every major setback, setting off a chain of events pendence Day: A Celebration of Greek that significantly affected the outcome of major international conflict. World War II; and American Democracy.’’ Today, Greece continues to embrace One hundred and eighty two years Whereas the price for Greece in holding our the ideals of freedom, democracy, and common values in their region was high, as ago, the Greek people began the revolu- peace. The past few years have wit- hundreds of thousands of civilians were tion that would free them from the nessed hopeful new steps toward the killed in Greece during the World War II pe- Ottoman Empire and return Greece to resolution of a number of the world’s riod; its democratic heritage. It was, of longstanding conflicts and animosities. Whereas President George W. Bush, in rec- course, the ancient Greeks who devel- ognizing Greek Independence Day on March With its strategic location at the nexus oped the concept of democracy in of Europe, Asia and Africa, Greece has 25, 2002, said, ‘‘Greece and America have been which the supreme power to govern firm allies in the great struggles for liberty. been a key participant in many of Americans will always remember Greek her- was vested in the people. Our Founding these efforts. In particular, it has oism and Greek sacrifice for the sake of free- Fathers drew heavily upon the political played a pivotal role in promoting de- dom . . . [and] as the 21st Century dawns, and philosophical experience of ancient mocratization, economic development Greece and America once again stand united; Greece in forming our representative and, above all, peace in the Balkans. this time in the fight against terrorism. The democracy. Thomas Jefferson pro- In honoring Greek Independence Day, United States deeply appreciates the role claimed that, ‘‘to the ancient Greeks we pay special tribute to those Greek Greece is playing in the war against terror. . . . we are all indebted for the light men and women who gave their lives . . . America and Greece are strong allies, which led ourselves out of Gothic dark- and we’re strategic partners.’’; for the common cause of freedom. Whereas Greece is a stabilizing force by ness.’’ It is fitting, then, that we Greek-Americans can especially take virtue of its political and economic power in should recognize the anniversary of the pride in their ancestors’ sacrifice. The the volatile Balkan region and is one of the beginning of their efforts to return to many Greek sons and daughters who fastest growing economies in Europe; that democratic tradition. have come to the United States have Whereas on January 1, 2003, Greece took The democratic form of government worked honorably in all areas of Amer- over the Presidency of the European Union is only one of the most obvious of the ican life, including public service. for the fourth time since it joined the Union many benefits we have gained from the Greek culture flourishes in American in 1981 with the message of ‘‘Our Europe: Greek people. The ancient Greeks con- cities, adding to our country’s rich di- Sharing the Future in a Community of Val- tributed a great deal to the modern ues’’; versity. Whereas Greece, through excellent work world, particularly to the United It is with great honor that I join my and cooperation with United States and States of America, in the areas of art, colleagues in recognizing this anniver- international law enforcement agencies, re- philosophy, science and law. Today, sary of Greek independence. Our two cently arrested key members of the Novem- Greek-Americans continue to enrich great nations have fought to maintain ber 17 terrorist organization; our culture and make valuable con- freedom and established democracy Whereas President Bush stated that tributions to American society, busi- throughout the world. In designating Greece’s ‘‘successful law enforcement oper- ness, and government. March 25 of this year as ‘‘Greek Inde- ations against a terrorist organization [No- It is my hope that strong support for pendence Day’’, we celebrate the free- vember 17] responsible for three decades of this resolution in the Senate will serve terrorist attacks underscore the important dom that these two great nations rep- contributions Greece is making to the global as a clear goodwill gesture to the peo- resent. war on terrorism’’; ple of Greece with whom we have en- Thank you for giving me the oppor- Whereas Greece’s unprecedented Olympic joyed such a close bond throughout his- tunity to speak to my colleagues about security effort, including a record-setting ex- tory. Similar resolutions have been this important date.

VerDate Jan 31 2003 05:34 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.130 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3335 AMENDMENTS SUBMITTED & SA 252. Mr. LEVIN. (for himself, Mr. At the end of section 2, add the following PROPOSED FEINGOLD, Mr. AKAKA, and Mr. KEN- new condition: (3) ANNUAL REPORTS ON MONITORING CAPA- NEDY) proposed an amendment to the SA 251. Mrs. FEINSTEIN (for herself, Mr. BILITIES.—(A) Not later than 60 days after LEAHY, Mr. WYDEN, and Mr. HARKIN) pro- resolution of ratification for Treaty the exchange of the instruments of ratifica- posed an amendment to the resolution of Doc. 107–8, The Treaty Between the tion of the Treaty, and annually thereafter ratification for Treaty Doc. 107–8, The Trea- United States of America and the Rus- on May 1, the President shall submit to the ty Between the United States of America sian Federation on Strategic Offensive Committee on Foreign Relations, the Com- and the Russian Federation on Strategic Of- Reductions, Signed at Moscow on May mittee on Armed Services, and the Select fensive Reductions, Signed at Moscow on 24, 2002; as follows: Committee on Intelligence of the Senate an May 24, 2002. estimate, prepared by the Director of Central At the end of section 2, add the following SA 252. Mr. LEVIN (for himself, Mr. FEIN- Intelligence, on the capability of the United new condition: GOLD, Mr. AKAKA, and Mr. KENNEDY) pro- States to monitor the compliance of the Rus- (3) NOTICE AND CONSULTATIONS PRIOR TO posed an amendment to the resolution of sian Federation with the requirements of the WITHDRAWAL OR EXTENSION.—(A) Prior to ratification for Treaty Doc. 107–8, supra. Treaty. SA 253. Mr. FEINGOLD proposed an taking any action relevant to paragraphs 2 (B) Each estimate shall meet the require- amendment to amendment SA 252 proposed or 3 of Article IV of the Treaty, and except ments of a national intelligence estimate by Mr. LEVIN (for himself, Mr. FEINGOLD, Mr. as provided in subparagraph (B), the Presi- under section 103(b)(2)(A) of the National Se- AKAKA, and Mr. KENNEDY) TO THE RESOLUTION dent shall— curity Act of 1947 (50 U.S.C. 403-3(b)(2)(A)), OF RATIFICATION FOR TREATY DOC. 107–8, (i) provide not less than 60 days advance and shall include— SUPRA. notice of such action to the Committee on (i) an estimate, for each strategic nuclear SA 254. Mr. AKAKA proposed an amend- Armed Services and the Committee on For- ment to the resolution of ratification for weapons system of the Russian Federation, eign Relations of the Senate; and of the confidence of the United States, Treaty Doc. 107–8, supra. (ii) consult with the Senate on such action. SA 255. Mr. KERRY proposed an amend- whether low, medium, or high, in the capa- (B) The President may waive a require- bility of the United States to monitor the ment to the resolution of ratification for ment in subparagraph (A) if the President— Treaty Doc. 107–8, supra. deployed warheads on such system; (i) determines that national security needs (ii) an assessment of the capability of the SA 256. Mr. LEVIN (for himself, Mr. prevent the President from meeting the re- DASCHLE, Mr. AKAKA, and Mr. NELSON, of United States to monitor the compliance of quirement; and the Russian Federation with the require- Florida) proposed an amendment to the reso- (ii) submits to the committees of the Sen- lution of ratification for Treaty Doc. 107–8, ments of the Treaty— ate referred to in subparagraph (A) a written (I) under the verification measures of the supra. notice of the waiver, including a description SA 257. Mr. FRIST (for Mr. LAUTENBERG) verification regime under the Treaty on the of the national security needs and the rea- proposed an amendment to the concurrent Reduction and Limitation of Strategic Of- sons justifying the waiver. resolution S. Con. Res. 13, condemning the fensive Arms, with Annexes, Protocols, and In section 3, strike declaration (6). selection of Libya to chair the United Na- Memorandum of Understanding, signed at Moscow on July 31, 1991 (START Treaty); tions Commission on Human Rights, and for SA 253. Mr. FEINGOLD proposed an other purposes. and amendment to amendment SA 252 pro- (II) after the verification regime expires f posed by Mr. LEVIN (for himself, Mr. upon termination of the START Treaty; and TEXT OF AMENDMENTS FEINGOLD, Mr. AKAKA, and Mr. KEN- (iii) additional mechanisms to ensure NEDY) to the resolution of ratification United States monitoring of the compliance SA 251. Mrs. FEINSTEIN (for herself, of the Russian Federation with the require- Mr. LEAHY, Mr. WYDEN, and Mr. HAR- for Treaty Doc. 107–8, The Treaty Be- tween the United States of America ments of the Treaty, including— KIN) proposed an amendment to the res- (I) further agreements between the United olution of ratification for Treaty Doc. and the Russian Federation on Stra- States and the Russian Federation; 107–8, The Treaty Between the United tegic Offensive Reductions, Signed at (II) mutual data exchanges between the States of America and the Russian Moscow on May 24, 2002; as follows: United States and the Russian Federation; Federation on Strategic Offensive Re- At the end of the proposed condition, add (III) improvements in the transparency of ductions, Signed at Moscow on May 24, the following: strategic offensive reductions under the Treaty; 2002; as follows: (C) Prior to taking any action relevant to paragraphs 2 or 3 of Article IV of the Treaty, (IV) improvements to existing monitoring At the end of section 3, add the following the President shall obtain the approval of technologies; and new declaration: two thirds of the Senators present. (V) other appropriate mechanisms. (7) STAND-DOWN FROM ALERT STATUS OF (C) Each estimate shall be submitted in FORCES COVERED BY TREATY.—Noting that the SA 254. Mr. AKAKA proposed an both classified and unclassified form. Administration has stated that ‘‘[t]he first amendment to the resolution of ratifi- SA 256. Mr. LEVIN (for himself, Mr. planned step in reducing U.S. operationally cation for Treaty Doc. 107–8, The Trea- DASCHLE, Mr. AKAKA, and Mr. NELSON deployed strategic nuclear warheads will be of Florida) proposed an amendment to to retire 50 Peacekeeper ICBMs, remove four ty Between the United States of Amer- Trident Submarines from strategic service, ica and the Russian Federation on the resolution of ratification for Trea- and no longer maintain the ability to return Strategic Offensive Reductions, Signed ty Doc. 107–8, The Treaty Between the the B-1 to nuclear service,’’ the Senate— at Moscow on May 24, 2002; as follows: United States of America and the Rus- (A) encourages the President, within 180 At the end of the last sentence of condition sian Federation on Strategic Offensive days after the exchange of instruments of 1 in section 2, strike the period and insert Reductions, Signed at Moscow on May ratification of the Treaty, to initiate in a the following: ‘‘, and shall include— 24, 2002; as follows: safe and verifiable manner a bilateral stand- ‘‘(A) an estimate of the funding levels re- In section 2, in paragraph (2)(F), strike ‘‘; down from alert status of all United States quired in the fiscal year following the year of and’’ and insert a semicolon. and Russian Federation nuclear weapons sys- the report to implement all Cooperative In section 2, redesignate paragraph (2)(G) tems that will no longer be operationally de- Threat Reduction programs and other non- as paragraph 2(H). ployed under the Treaty, but which the proliferation programs relevant to the Trea- In section 2, after paragraph (2)(F), insert United States and the Russian Federation ty and ensure that nuclear weapons, mate- the following new subparagraph: may keep operationally deployed under the rials, technology, and expertise in the Rus- (G) with respect to the strategic offensive Treaty until December 31, 2012; and sian Federation are secure from theft and di- reductions described pursuant to subpara- (B) expects a representative of the execu- version; and graph (B) for a calendar year, a listing of— tive branch of the Government to offer reg- ‘‘(B) a description of any initiatives pro- (i) the total number of each type of stra- ular briefings to the Committee on Foreign posed by the President to address any matter tegic offensive nuclear warhead that will be Relations and the Committee on Armed covered by subparagraph (A) in order to im- in the nuclear weapons stockpile of the Services of the Senate regarding— prove the implementation or effectiveness of United States during the calendar year, and (i) the alert status of the nuclear forces of the Treaty.’’. the total number of each type of strategic of- the United States and the Russian Federa- fensive nuclear weapon that will be oper- tion; SA 255. Mr. KERRY proposed an ationally deployed by the United States dur- (ii) any determination of the President to amendment to the resolution of ratifi- ing the calendar year; order a stand-down of the alert status of cation for Treaty Doc. 107–8, The Trea- (ii) the number and type of nuclear war- United States nuclear forces; and heads in the United States that were disman- (iii) any progress in establishing coopera- ty Between the United States of Amer- tled during the previous calendar year; and tive measures with the Russian Federation ica and the Russian Federation on (iii) to the extent possible, the total num- to effect a stand-down of the alert status of Strategic Offensive Reductions, Signed ber of each type of strategic offensive nu- Russian Federation nuclear forces. at Moscow on May 24, 2002; as follows: clear warhead that will be in the nuclear

VerDate Jan 31 2003 04:03 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.133 S06PT1 S3336 CONGRESSIONAL RECORD — SENATE March 6, 2003 weapons stockpile of the Russian Federation mittee on the Judiciary be authorized istration’s Approach to Reauthoriza- during the calendar year, and the total num- to meet to conduct a markup on Thurs- tion’’ during the session of the Senate ber of each type of strategic offensive nu- day, March 6, 2003, at 9:30 a.m., in Dirk- on Thursday, March 6, 2003, at 10 a.m., clear weapon that will be operationally de- sen Room 226. in SD–430. ployed by the Russian Federation during the The PRESIDING OFFICER. Without calendar year. Agenda objection, it is so ordered. SA 257. Mr. FRIST (for Mr. LAUTEN- I. Nominations SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT BERG) proposed an amendment to the Timothy M. Tymkovich to be U.S. MANAGEMENT, THE FEDERAL WORKFORCE, concurrent resolution S. Con. Res. 13, Court of Appeals Judge for the Tenth AND THE DISTRICT OF COLUMBIA condemning the selection of Libya to Circuit; J. Daniel Breen to be US Dis- Mr. FRIST. Mr. President, I ask chair the United Nations Commission trict Judge for the Western District of unanimous consent that the Com- on Human Rights, and for other pur- Tennessee; Thomas A. Varlan to be US mittee on Governmental Affairs Sub- poses; as follows: District Judge for the Eastern District committee on Oversight of Government On page 8, strike line 21 and insert ‘‘(10) ob- of Tennessee; William H. Steele to be Management, the Federal Workforce jects’’ US District Judge for the Southern and the District of Columbia be author- f District of Alabama; and Humberto S. ized to meet on Thursday, March 6, 2003, at 9:30 a.m., for a hearing entitled AUTHORITY FOR COMMITTEES TO Garcia to be US Attorney for the Dis- trict of Puerto Rico. ‘‘Evaluating Human Capital at the Na- MEET tional Aeronautics and Space Adminis- COMMITTEE ON ARMED SERVICES II. Committee Business tration’’ to examine the status of Mr. FRIST. Mr. President, I ask Committee Rules Subcommittee Or- NASA’s workforce and consider pro- unanimous consent that the Com- ganization posed personnel flexibilities to assist mittee on Armed Services be author- the agency in achieving this mission. ized to meet during the session of the III. Bills The PRESIDING OFFICER. Without Senate on Thursday, March 6, 2003, at S. 253, A bill to amend title 18, objection, it is so ordered. 9:30 a.m., in open session to receive tes- United States Code, to exempt quali- SUBCOMMITTEE ON READINESS AND timony on the Defense authorization fied current and former law enforce- MANAGEMENT SUPPORT request for fiscal year 2004 and the fu- ment officers from State laws prohib- Mr. FRIST. Mr. President, I ask ture years Defense program. iting the carrying of concealed hand- unanimous consent that the Sub- The PRESIDING OFFICER. Without guns. [Campbell/Leahy/Hatch/Grassley/ committee on Readiness and Manage- objection, it is so ordered. DeWine/Kyl/Sessions/Craig/Cornyn/ ment Support of the Armed Services COMMITTEE ON COMMERCE, SCIENCE, AND Graham/Feinstein/Schumer/Edwards]. Committee be authorized to meet dur- TRANSPORTATION S. 113, A bill to exclude United States ing the session of the Senate on Thurs- Mr. FRIST. Mr. President, I ask persons from the definition of ‘‘foreign day, March 6, 2003, at 2 p.m., in open unanimous consent that the Com- power’’ under the Foreign Intelligence session to receive testimony on Depart- mittee on Commerce, Science, and Surveillance Act of 1978 relating to ment of Defense Installation and Envi- Transportation be authorized to meet international terrorism.[Kyl/Hatch/ ronmental Programs, in review of the on Thursday, March 6, 2003, at 9:30 a.m. DeWine/Schumer/Chambliss]. Defense authorization request for fiscal on Spectrum. The PRESIDING OFFICER. Without year 2004. The PRESIDING OFFICER. Without objection, it is so ordered. Witnesses: Honorable Hansford T. objection, it is so ordered. Johnson, Acting Secretary of the Navy; COMMITTEE ON VETERANS’ AFFAIRS COMMITTEE ON ENERGY AND NATURAL Mr. Raymond F. DuBois, Jr., Deputy Mr. FRIST. Mr. President, I ask RESOURCES Under Secretary of Defense (Installa- unanimous consent that the Com- Mr. FRIST. Mr. President, I ask tions and Environment); Honorable mittee on Veterans’ Affairs be author- unanimous consent that the Com- Mario P. Fiori, Assistant Secretary of ized to meet during the session of the mittee on Energy and Natural Re- the Army (Installations and Environ- Senate on Thursday, March 6, 2003, for sources be authorized to meet during ment); and Honorable Nelson F. Gibbs, a joint hearing with the House of Rep- the session of the Senate, on Thursday, Assistant Secretary of the Air Force resentatives’ Committee on Veterans’ March 6, at 10 a.m., to receive testi- (Installations, Environment, and Lo- Affairs, to hear the legislative presen- mony on energy use in the transpor- gistics). tation sector. tation of the Military Order of the Pur- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ple Heart, the Paralyzed Veterans of objection, it is so ordered. America, Jewish War Veterans, Blinded objection, it is so ordered. SUBCOMMITTEE ON WATER AND POWER Veterans Association, the Non-Com- COMMITTEE ON FOREIGN RELATIONS Mr. FRIST. Mr. President, I ask missioned Officers Association. Mr. FRIST. Mr. President, I ask unanimous consent that the Sub- The hearing will take place in room unanimous consent that the Com- committee on Water and Power, Com- 345 of the Cannon House Office Building mittee on Foreign Relations be author- mittee on Energy and Natural Re- at 10 a.m. ized to meet during the session of the sources be authorized to meet during The PRESIDING OFFICER. With ob- Senate on Thursday, March 6, 2003, at the session of the Senate on Thursday, jection, it is so ordered. 9:30 a.m., to hold a hearing on ‘‘An March 6, at 2:30 p.m., to receive testi- Agreed Framework for Dialogue’’ with SELECT COMMITTEE ON INTELLIGENCE mony on S. 212, a bill authorizing the North Korea. Mr. FRIST. Mr. President, I ask Secretary of the Interior to cooperate Agenda unanimous consent that the Select with the High Plains States in con- Committee on Intelligence be author- ducting a hydrogeologic characteriza- Witnesses ized to meet during the session of the tion, mapping, modeling, and moni- Panel 1: The Honorable Dr. Ashton B. Senate on Thursday, March 6, 2003, at toring program for the High Plains aq- Carter, Co-Director, Preventive De- 2:30 p.m., to hold a closed hearing. uifer and for other purposes; and S. 220 fense Project, Harvard University, The PRESIDING OFFICER. Without and H.R. 397, bills to reinstate and ex- Cambridge, MA; Dr. Arnold Kanter, objection, it is so ordered. tend the deadline for commencement of Principal, The Scowcroft Group, Wash- SUBCOMMITTEE ON EMPLOYMENT, SAFETY, AND construction of a hydroelectric project ington, DC; and Mr. Robert J. Einhorn, TRAINING in the State of Illinois. Senior Advisor, International Security Mr. FRIST. Mr. President, I ask The PRESIDING OFFICER. Without Program, CSIS, Washington, DC. unanimous consent that the Com- objection, it is so ordered. The PRESIDING OFFICER. Without mittee on Health, Education, Labor, f objection, it is so ordered. and Pensions, Subcommittee on Em- COMMITTEE ON THE JUDICIARY ployment, Safety, and Training be au- PRIVILEGE OF THE FLOOR Mr. FRIST. Mr. President, I ask thorized to meet for a hearing on ‘‘The Mr. LAUTENBERG. Mr. President, I unanimous consent that the Com- Workforce Investment Act: The Admin- ask unanimous consent that Joshua

VerDate Jan 31 2003 04:03 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.137 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3337 Handler, a fellow in my office, be given nominations to the U.S. Parole Com- administration, the Senate is with the floor privileges for the duration of Sen- mission, among others. These individ- consent of every Democratic Senators ate consideration of Executive Cal- uals were the selections of the White agreeing to the confirmation of an- endar No. 1, the Resolution of Ratifica- House without consultation with the other judicial nominee, the 104th for tion accompanying the Moscow Treaty. Democratic leader or with me or other this President, and several executive The PRESIDING OFFICER. Without Democratic Senators interested in branch nominees. objection, it is so ordered. these matters. We have proceeded on I ask consent to print Thomas E. f the President’s nominees expeditiously Mann’s column in the RECORD. and in good faith trusting that the There being no objection, the material was UNANIMOUS CONSENT White House will follow through expe- ordered to be printed in the RECORD, as fol- AGREEMENT—S. 3 ditiously to nominate those members lows: Mr. FRIST. Mr. President, I ask to the U.S. Parole Commission that the [From the RollCall, Mar. 5, 2003] unanimous consent that at 5 o’clock on Democratic leader is recommending to GUEST OBSERVER Monday, March 10, the Senate begin fill the seats allocated to Democrats on (by Thomas E. Mann) consideration of Calendar No. 19, S. 3, what should be a bipartisan commis- ESTRADA CAUGHT IN ‘‘POISONOUS WAR’’ BASED regarding the procedure commonly sion. ON IDEOLOGY known as partial-birth abortion. This President has too often in the The extended Senate debate on the nomi- The PRESIDING OFFICER. Is there past proceeded unilaterally on what nation of Miguel Estrada to the U.S. Court of objection? have traditionally been bipartisan Appeals for the D.C. Circuit has generated Mr. REID. Mr. President, let me just boards and commissions. Last year the pitched battles between party activists say I appreciate the leader working White House caused significant prob- around the country and increasingly shrill with us on the time on this bill. I know lems for all nominations when it failed commentary from pundits. Some claim we it has been inconvenient but we appre- to follow through in a timely way on a are on the verge of a constitutional coup ciate it very much. that effectively nullifies a president’s power commitment made to Senator MCCAIN. over judicial appointments. Others respond The PRESIDING OFFICER. Without That led to objections and cloture objection, it is so ordered. that we are witnessing a legitimate effort by votes being required on a series of the the Senate minority to prevent the packing f President’s judicial nominations and of the federal judiciary with right-wing ju- EXECUTIVE SESSION unnecessary delays with respect to rists. both judicial and executive nomina- How unprecedented is the tactic embraced tions because of objections from the by Senate Democrats? What accounts for the EXECUTIVE CALENDAR Republican side. partisan struggle now playing out on the With respect to all nominations, I Senate floor? Is there any way out? Mr. FRIST. Mr. President, I ask Filibusters have been a prominent feature unanimous consent that the Senate im- urge the President to begin to work of the Senate since the early 19th century. mediately proceed to executive session with us. Just as this White House has While the constitutional framers built no to consider the following nominations failed to work with Senate Democrats supermajority requirements for the passage on today’s Executive Calendar: Cal- on judicial nominees, it has often of legislation or the confirmation of ap- endar Nos. 40, 41, 42, 44, 45, and 47; I fur- failed to work with us on nominations pointees, the early Senate, unlike the House, to bipartisan boards and commissions. did away with its motion on the previous ther ask unanimous consent that the question that would have allowed a majority nominations be confirmed en bloc, the We would appreciate this White House beginning to work with us rather than to cut off debate and proceed with a vote. As motions to reconsider be laid upon the a consequence, for virtually all of their table, the President be immediately dictate to us. chamber’s history Senators have been able notified of the Senate’s action, and the Just this week Thomas E. Mann, a to postpone or prevent floor action by talk- Senate then return to legislative ses- distinguished scholar and senior fellow ing at length. sion. in governance studies at The Brookings Under pressure from President Woodrow The PRESIDING OFFICER. Without Institution, wrote a column about the Wilson, the Senate adopted a cloture provi- objection, it is so ordered. deteriorating relations between the sion in its rules that allowed a super- majority to cut off debate. For much of the The nominations were considered and White House and the Congress with re- spect to the nomination and confirma- 20th century the filibuster was mostly re- confirmed, as follows: served for issues of great national moment. tion process. While I do not agree with DEPARTMENT OF JUSTICE In the past several decades, the Senate has Jeremy H. G. Ibrahim, of Pennsylvania, to all of his observations, I note that he seen the routinization of the filibuster, to be a Member of the Foreign Claims Settle- correctly observed that after the Presi- the point where it is commonly accepted by ment Commission of the United States for dent’s campaign as a uniter not a di- both parties that with limited exceptions, 60 the term expiring September 30, 2005. vider, we did expect more cooperation. votes are needed to pass controversial mat- Edward F. Reilly, of Kansas, to be a Com- And after the attack of September 11, ters. Some exceptions are built into the missioner of the United States Parole Com- when Democrats sought to close ranks rules. The budget process provides for lim- mission for a term of six years. and forego partisanship, we were dis- ited debate on budget resolutions and rec- Cranston J. Mitchell, of Missouri, to be a onciliation bills, thereby empowering a ma- Commissioner of the United States Parole appointed by the continuing partisan- jority of Senators. Other exceptions flow Commission for a term of six years. ship of the White House. Mr. Mann from informal understandings or norms. One THE JUDICIARY wrote: ‘‘After the 2000 election and of those norms is that the minority party Timothy C. Stanceu, of Virginia, to be a then again after Sept. 11, 2001, Demo- does not use extended debate to kill judicial Judge of the United States Court of Inter- crats expected something akin to a nominations favored by a majority of Sen- national Trade. government of national unity. Instead, ators. During periods of divided party govern- DEPARTMENT OF JUSTICE they encountered a president who seemed determined to wage institu- ment, the Senate majority fan frustrate the Peter Joseph Elliott, of Ohio, to be United president’s ability to fill judicial vacancies States Marshal for the Northern District of tional, ideological and partisan war.’’ simply by refusing to schedule committee Ohio for the term of four years. Mr. Mann concluded by suggesting: hearings or votes on nominees. Between 1995 DEPARTMENT OF HOMELAND SECURITY ‘‘The only way to break this cycle of and 2000, roughly a third of President Bill Janet Hale, of Virginia, to be Under Sec- escalation is for Bush to take pre- Clinton’s circuit court appointees were retary for Management, Department of emptive action by submitting a more killed in this manner by the Republican ma- Homeland Security. balanced ticket of judicial nominees jority, holding open judgeships that Presi- dent Bush now seeks to fill. The Democrats f and engaging in genuine negotiations and compromise with both parties in responded in kind to a number of President SENATE CONFIRMATION OF ADDI- Congress.’’ I agree, that would be a use- Bush’s nominees during their brief time in TIONAL PRESIDENTIAL EXECU- the majority. ful development. I add that it would be The crunch comes when one party controls TIVE AND JUDICIAL NOMINA- long overdue. TIONS both the White House and Senate. Minority Today, on the day the Senate has Members can try to delay action on judicial Mr. LEAHY. Mr. President, today we moved off the Estrada nomination be- nominees with holds and procedural moves have proceeded with the President’s cause of the lack of cooperation by the in committee. But their doomsday weapon is

VerDate Jan 31 2003 05:34 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MR6.098 S06PT1 S3338 CONGRESSIONAL RECORD — SENATE March 6, 2003 the filibuster. The norms of the Senate miti- The legislative clerk read as follows: main human rights monitoring body’’ be- gate against firing that weapon as part of an A concurrent resolution (S. Con. Res. 13) cause it would ‘‘undermine the United Na- explicit party strategy. Nonetheless, groups condemning the selection of Libya to chair tion’s moral authority and send a strong and of Senators have engaged in extended floor the United Nations Commission on Human clear message to fellow rights violators that debate to try to defeat judicial nominations. Rights, and for other purposes. they are in the clear’’; More than a dozen cloture motions were filed Whereas on November 13, 2001, a German to end filibusters on judicial nominations be- There being no objection, the Senate court convicted a Libyan national for the tween 1980 and 2000. But only one judicial proceeded to consider the concurrent 1986 bombing of the La Belle disco club in nominee was successfully blocked by a fili- resolution. Berlin which killed two United States serv- buster. In 1968 Republicans and Southern Mr. FRIST. I ask unanimous consent icemen, and the court further declared that Democrats used a filibuster to defeat Presi- that the Lautenberg amendment at the there was clear evidence of responsibility of dent Lyndon Johnson’s effort to elevate Jus- desk be agreed to, the motion to recon- the Government of Libya for the bombing; tice Abe Fortas to chief justice. sider be laid on the table; further, that Whereas Libya was responsible for the De- So the Senate Democrats’ resort to a fili- cember 21, 1988, explosion of Pan American buster on the Estrada nomination is not un- the concurrent resolution, as amended, be agreed to and the motion to recon- World Airways Flight 103 (‘‘Pan Am Flight precedented but it is highly unusual and ex- 103’’) en route from London to New York treme by Senate conventions. It is the latest sider be laid upon the table; that the City that crashed in Lockerbie, Scotland, escalation in what has been an intensifying preamble be agreed to, and the motion killing 259 passengers and crew and 11 other ‘‘War of the Roses’’ between the parties in to reconsider be laid on the table, with people on the ground; Washington. Earlier episodes included divi- no intervening action or debate. Whereas a French court convicted 6 Libyan sive battles over the Supreme Court nomina- The PRESIDING OFFICER. Without government officials in absentia for the tions of Robert Bork and Clarence Thomas; bombing of UTA Flight 772 over Niger in the winter 1995–96 budget fights that led to objection, it is so ordered. 1989; government shutdowns; and the long-run- The amendment (No. 257) was agreed Whereas, in response to Libya’s complicity ning independent counsel investigations of to, as follows: in international terrorism, United Nations Clinton, leading to his impeachment by the On page 8, strike line 21 and insert: ‘‘(10) Security Council Resolution 748 of March 31, Republican House. objects’’ That war is partly a consequence of razor- 1992, imposed an arms and air embargo on thin majorities in the Congress, the increas- The concurrent resolution (S. Con. Libya and established a United Nations Se- ing ideological polarization between the par- Res. 13), as amended, was agreed to. curity Council sanctions committee to ad- ties, and the extension of the permanent The preamble was agreed to. dress measures against Libya; campaign to the Congress. It has intensified The concurrent resolution with its Whereas United Nations Security Council as a result of the circumstances and leader- preamble, reads as follows: Resolution 883 of November 11, 1993, tight- ship style of George W. Bush’s presidency. ened sanctions on Libya, including the freez- S. CON. RES. 13 Bush was elected in 2000 in the closest and ing of Libyan funds and financial resources arguably most controversial presidential Whereas on January 20, 2003, Libya, a gross in other countries, and banned the provision election in U.S. history. He lost the popular violator of human rights and State sponsor to Libya of equipment for oil refining and vote but won a bare majority of the electoral of terrorism, was elected to chair the United transportation; vote but won a bare majority of the electoral Nations Commission on Human Rights (the Whereas United Nations Security Council vote thanks to flawed ballot designs in two ‘‘Commission’’), a body charged with the re- Resolution 1192 of August 27, 1998, reaffirmed Florida counties and to an audacious 5–4 Su- sponsibility of promoting universal respect that the measures set forth in previous reso- preme Court decision to halt a statewide re- for human rights and fundamental freedoms lutions remain in effect and binding on all count. for all; Member States, and further expressed the in- Yet he has governed with great ambition Whereas according to the rotation system tention of the United Nations to consider ad- and confidence, asserting presidential pre- that governs the selection of the Executive ditional measures if the individuals charged rogatives and advancing a bold conservative Board of the Commission, 2003 was des- in connection with the bombings of Pan Am agenda through policy proposals and nomi- ignated as the year for the Africa Group to Flight 103 and UTA Flight 772 had not nations. He has played hardball with Demo- chair the Commission, and the Africa Group promptly arrived or appeared for trial on crats, in D.C. and on the 2002 campaign trail, selected Libya as its candidate; those charges in accordance with paragraph while providing regular sustenance to his Whereas South Africa’s Democratic Alli- (8) of that Resolution; conservative base. After the 2000 election and ance spokeswoman, Dene Smuts, was quoted Whereas in January 2001, a three-judge then again after Sept. 11, 2001, Democrats ex- by the British Broadcasting Corporation as Scottish court sitting in the Netherlands pected something akin to a government of saying that the Government of South Afri- found Libyan Abdel Basset al-Megrahi guilty national unity. Instead, they encountered a ca’s decision to support the election of Libya of the bombing of Pan Am Flight 103, sen- president who seemed determined to wage was an insult to human rights and that Afri- tenced him to life imprisonment, and said institutional, ideological and partisan war. can countries ‘‘should have supported a can- the court accepted evidence that he was a They have decided to reciprocate. The at- didate of whom all Africans could be proud’’; member of Libya’s Jamahariya Security Or- mosphere is poisonous. Miguel Estrada is Whereas Amnesty International has re- ganization, and in March 2002, a five-judge now a part of that war. peatedly documented that the human rights Scottish appeals court sitting in the Nether- The only way to break this cycle of esca- situation in Libya continues to seriously de- lands upheld the conviction; lation is for Bush to take pre-emptive action teriorate, with systematic occurrences of Whereas United Nations Security Council by submitting a more balanced ticket of ju- gross human rights violations, including the Resolutions 731, 748, 883, and 1192 demanded dicial nominees and engaging in genuine ne- extrajudicial execution of government oppo- that the Government of Libya provide appro- gotiation and compromise with both parties nents and the routine torture, and occa- priate compensation to the families of the in Congress. That seems most unlikely. sional resulting death, of political detainees victims, accept responsibility for the actions f during interrogation; of Libyan officials in the bombing of Pan Am Whereas Human Rights Watch recently de- Flight 103, provide a full accounting of its in- LEGISLATIVE SESSION clared that ‘‘[o]ver the past three decades, volvement in that terrorist act, and cease all The PRESIDING OFFICER. Under Libya’s human rights record has been appall- support for terrorism; the previous order, the Senate will re- ing’’ and that ‘‘Libya has been a closed coun- Whereas Libya remains on the Department turn to legislative session. try for United Nations and nongovernmental of State’s list of state-sponsors of terrorism; human rights investigators’’; Whereas the United States found the selec- f Whereas Human Rights Watch further as- tion of Libya to chair the Commission to be CONDEMNING THE SELECTION OF serted that ‘‘Libya’s election poses a real an affront to international human rights ef- LIBYA TO CHAIR THE UNITED test for the Commission,’’ observing that forts and, in particular, to victims of Libya’s ‘‘[r]epressive governments must not be al- repression and Libyan-sponsored terrorism, NATIONS COMMISSION ON lowed to hijack the United Nations human and therefore broke with precedent and HUMAN RIGHTS rights system’’; called for a recorded vote among Commis- Mr. FRIST. I ask unanimous consent Whereas the Lawyers Committee for sion members on Libya’s chairmanship; that the Senate proceed to the imme- Human Rights urged that ‘‘the Government Whereas Canada and one other country diate consideration of S. Con. Res. 13, of Libya should not be entrusted by the joined the United States in voting against which is at the desk. This is a resolu- United Nations to lead its international ef- Libya, with 17 countries abstaining from the fort to promote human rights around the recorded vote among Commission members tion introduced by Senators LAUTEN- world’’; on Libya’s chairmanship of the Commission; BERG and SMITH. Whereas Freedom House declared that ‘‘[a] Whereas the common position of the mem- The PRESIDING OFFICER. The country [such as Libya] with such a gross bers of the European Union was to abstain clerk will report the resolution by record of human rights abuses should not di- from the recorded vote on the selection of title. rect the proceedings of the United Nation’s Libya as chair of the Commission;

VerDate Jan 31 2003 05:34 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MR6.146 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — SENATE S3339 Whereas 33 countries ignored Libya’s (4) expresses its dismay at the European PROGRAM record on human rights and status as a coun- Union countries’ common position of absten- Mr. FRIST. For the information of try subject to United Nations sanctions for tion on the critical vote over Libya’s chair- the terrorist bombing of Pan Am Flight 103 manship; Senators, tomorrow morning the Sen- and voted for Libya to lead the Commission; (5) expresses its shock and dismay over the ate will be in a period of morning busi- Whereas the majority of the countries that support provided to Libya in its efforts to ness until 12:30 p.m. There will be no voted for Libya are recipients of United lead the Commission; rollcall votes during tomorrow’s ses- States foreign aid; (6) highlights its grave concern over the sion. The next vote will occur Monday, Whereas the selection of Libya to chair the continuing efforts of countries violating March 10, at 6 p.m. Commission is only the most recent example human rights and terrorist countries to use The PRESIDING OFFICER. The of a malaise plaguing the Commission that international fora— Democratic whip. has called into question the Commission’s (A) to legitimize their regimes; and Mr. REID. Mr. President, the purpose credibility as the membership ranks of the (B) to continue to act with impunity; of the morning business is to have Sen- Commission have swelled in recent years (7) calls on the President to raise United with countries that have a history of egre- States objections to such efforts during bi- ators speak if they so desire. There gious human rights violations; lateral and multilateral discussions and to have been some Senators wishing to Whereas the challenge by the United direct pertinent members of the President’s speak on the situation in Iraq. The States to the selection of Libya is part of a Cabinet to do the same; President is having a press conference broader effort to reform the Commission, re- (8) calls on countries at various stages of tonight. It would be timely to do that. claim it from the oppressors, and ensure that democratization to— I say to those people who have indi- it fulfills its mandate; (A) demonstrate their commitment to cated a desire to speak, this is their op- Whereas on January 20, 2003, Ambassador human rights, democracy, peace and secu- Kevin Moley, United States Permanent Rep- portunity tomorrow. Is that the intent rity; and of the leader? resentative to the United Nations and Other (B) support efforts to reform the Commis- International Organizations in Geneva, em- sion; The PRESIDING OFFICER. The ma- phasized that the United States ‘‘seek[s] to (9) calls on the President to instruct the jority leader. actively engage and strengthen the moral Secretary of State to consult with the appro- Mr. FRIST. Mr. President, that is the authority of the Commission on Human priate congressional committees, within 60 intent. It is important that people take Rights, so that it once again proves itself a calendar days after the adoption of this reso- advantage of that opportunity if they forceful advocate for those in need of having lution, regarding the priorities and strategy so wish. their human rights protected’’ and that of the United States for the 59th session of In talking to the leadership on the ‘‘[w]e are convinced that the best way for the the Commission on Human Rights and its other side of the aisle, we agreed it was Commission to ensure the ideals of the Uni- strategy and proposals for reform of the versal Declaration of Human Rights over the important for people to have the oppor- Commission; tunity. We have been very busy over long-term is to have a membership com- (10) objects to the continued suspension of prised of countries with strong human rights United Nations sanctions against Libya until the last several days with the Estrada records at home’’; the Government of Libya— nomination and today the cloture vote. Whereas a majority of the 53 member (A) publicly accepts responsibility for the There has been excellent work in terms states of the Commission are participants in bombing of Pan American World Airways of ratification—the vote on the Moscow the Community of Democracies and signed Flight 103; the Community of Democracies Statement Treaty. So it has been very busy. (B) provides appropriate compensation to on Terrorism (the ‘‘Statement on Ter- We know the Nation is very much the victims of the bombing; and rorism’’) on November 12, 2002, at the Second concerned with what is going on today (C) fully complies with all of the other re- Ministerial Conference of the Community of and over the ensuing days in Iraq, so quirements of the United Nations sanctions Democracies held in Seoul, South Korea (the we did want to make that opportunity imposed as a result of Libya’s orchestration ‘‘Seoul Ministerial’’), calling upon demo- available. cratic nations to work together to uphold of the terrorist attack on Pan American f the principles of democracy, freedom, good World Airways Flight 103; and governance, and accountability in inter- (11) calls on the Secretary of State to en- ADJOURNMENT UNTIL 9:30 A.M. gage Member States of the United Nations to national organizations; TOMORROW Whereas the Seoul Ministerial participants support efforts to ensure that states that are declared in the Statement on Terrorism that gross violators of human rights, sponsors of Mr. FRIST. Mr. President, if there is they ‘‘strongly denounced terrorism as a terrorist activities, or subjects of United Na- no further business to come before the grave threat to democratic societies and the tions sanctions are not elected to— Senate, I ask unanimous consent that values they embrace[,]...reaffirmed that (A) leadership positions in the United Na- the Senate stand adjourned under the terrorism constitutes a threat to inter- tions General Assembly; or previous order. national peace and security as well as to hu- (B) membership or leadership positions on There being no objection, the Senate, manity in general and indeed to the very the United Nations Commission on Human Rights, the United Nations Security Council, at 6:57 p.m., adjourned until Friday, foundation on which democracies are March 7, 2003, at 9:30 a.m. built[,]’’ and stated that ‘‘[t]he most recent or any other United Nations entity or affil- terrorist attacks confirm that international iate. f cooperation against terrorism will remain a CONFIRMATIONS long-term effort and requires a sustained f universal commitment’’; Executive nominations confirmed by the Senate March 6, 2003: Whereas the United Nations sanctions ORDERS FOR FRIDAY, MARCH 7, against Libya, though suspended, remain in DEPARTMENT OF HOMELAND SECURITY 2003 effect; and JANET HALE, OF VIRGINIA, TO BE UNDER SECRETARY Whereas Libya’s continued status as an Mr. FRIST. Mr. President, I ask FOR MANAGEMENT, DEPARTMENT OF HOMELAND SECU- international outlaw nation and its contin- RITY. unanimous consent that when the Sen- THE ABOVE NOMINATION WAS APPROVED SUBJECT TO ued unwillingness to accept responsibility THE NOMINEE’S COMMITMENT TO RESPOND TO RE- for its terrorist actions provide ample jus- ate completes its business today, it QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY tification for barring Libya from consider- stand in adjournment until 9:30 a.m., CONSTITUTED COMMITTEE OF THE SENATE. ation as a candidate for membership in the Friday, March 7. I further ask that fol- DEPARTMENT OF JUSTICE United Nations Security Council or any lowing the prayer and pledge, the JEREMY H. G. IBRAHIM, OF PENNSYLVANIA, TO BE A other United Nations entity or affiliated morning hour be deemed expired, the MEMBER OF THE FOREIGN CLAIMS SETTLEMENT COM- MISSION OF THE UNITED STATES FOR THE TERM EXPIR- agency: Now, therefore, be it Journal of proceedings be approved to ING SEPTEMBER 30, 2005. Resolved by the Senate (the House of Rep- date, the time for the two leaders be EDWARD F. REILLY, OF KANSAS, TO BE A COMMIS- resentatives concurring), That Congress— SIONER OF THE UNITED STATES PAROLE COMMISSION (1) strongly condemns the selection of reserved for their use later in the day, FOR A TERM OF SIX YEARS. and the Senate begin a period of morn- CRANSTON J. MITCHELL, OF MISSOURI, TO BE A COM- Libya to chair the United Nations Commis- MISSIONER OF THE UNITED STATES PAROLE COMMIS- sion on Human Rights (the ‘‘Commission’’); ing business until the hour of 12:30 SION FOR A TERM OF SIX YEARS. (2) commends the President for the prin- p.m., with the time equally divided be- THE JUDICIARY cipled position of the United States in ob- tween Senator WARNER or his designee TIMOTHY C. STANCEU, OF VIRGINIA, TO BE A JUDGE OF jecting to and calling for a vote on Libya’s and the minority leader or his des- THE UNITED STATES COURT OF INTERNATIONAL TRADE. chairmanship of the Commission; ignee. DEPARTMENT OF JUSTICE (3) commends countries that joined the The PRESIDING OFFICER. Without PETER JOSEPH ELLIOTT, OF OHIO, TO BE UNITED United States in objecting to Libya’s selec- STATES MARSHAL FOR THE NORTHERN DISTRICT OF tion as chair of the Commission; objection, it is so ordered. OHIO FOR THE TERM OF FOUR YEARS.

VerDate Jan 31 2003 04:03 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00133 Fmt 0624 Sfmt 9801 E:\CR\FM\A06MR6.149 S06PT1 March 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E377 EXTENSIONS OF REMARKS

RECOGNIZING KAYLA CRESS lives mean something! Let them know that hours planning and implementing a Gold there is no justification for abuse and that they Award project that has a positive and lasting HON. SAM GRAVES do not have to live with it day after day. Vic- impact on the Kansas City community. I am OF MISSOURI tims need to know that there are places that proud that these 21 Gold Award recipients will they can go and people who can help. Victims be recognized, joining the 3,000 honored na- IN THE HOUSE OF REPRESENTATIVES need to know how to enact a plan so that they tionwide each year. Wednesday, March 5, 2003 can flee their batterer and have resources I commend the Girl Scouts program for their Mr. GRAVES. Mr. Speaker, I proudly pause available so that they are not forced to go support, dedication, and commitment to Amer- to recognize Kayla Cress, a very special back. It takes a tremendous amount of cour- ican girls, and I applaud these 21 new Gold young woman who has exemplified the finest age to flee an abuser, having the resources Award recipients on their achievement. qualities of citizenship and leadership by tak- available to stay away should be the farthest A listing of their names and home- ing an active part in the Girl Scouts of Amer- thing from a victim’s mind. That is why it is so town follows: ica, Troop 5091, and in earning the most pres- important to have counseling services avail- D’erin May, Bonner Springs. tigious honor of the Gold Award. able helping with preparation. Leanne Gray, Lansing. The Girl Scout Gold Award is the highest I saw a flyer the other day entitled ‘‘10 Mackenzie Smith, Leavenworth. achievement attainable in Girl Scouting. To Things Men Can Do to Prevent Men’s Vio- Katie Brovont, Olathe earn the Gold Award, a Scout must complete lence Against Women.’’ Men need to under- Jaime Lenninger, Shawnee Mission. Jacquelynn Sullivan, Shawnee Mission. five requirements, all of which promote com- stand that while most never abuse, there are Katie Wall, Shawnee Mission. munity service, personal and spiritual growth, factors that contribute to the cycle of violence Kristen Keplinger, Shawnee Mission. positive values, and leadership skills. The re- and all of us need to do our part to end the Dena Neuenschwander, Shawnee Mission. quirements include: 1. Earning four interest cycle. We need to teach our sons how not to Jennifer Jacobs, Shawnee Mission. project patches, each of which requires seven abuse and how not to contribute to it. We Jennifer Sherman, Shawnee Mission. activities that center on skill building, tech- need to teach them that women must be treat- Phyllis Adebanjo, Shawnee Mission. nology, service projects, and career explo- ed with respect and dignity. Until men become Bridget Barton, Shawnee Mission. ration; 2. Earning the Career Exploration pin, actively involved in ending domestic violence, Julie Wiseman, Shawnee Mission. Laura Smith, Shawnee Mission. which involves researching careers, writing re- these cycles will never be broken. Hilary Junk, Shawnee Mission. sumes, and planning a career fair or trip; 3. f Megan Campbell, Shawnee Mission. Earning the Senior Girl Scout Leadership Megan Stinemetz Shawnee Mission. Award, which requires a minimum of 30 hours TO COMMEND KANSAS CITY GIRL Amy Sapenoff, Shawnee Mission. of work using leadership skills; 4. Designing a SCOUT GOLD AWARD RECIPIENTS Christine Thomson, Shawnee Mission. self-development plan that requires assess- Michelle Kentrup, Shawnee Mission. ment of ability to interact with others and HON. DENNIS MOORE f prioritize values, participation for a minimum of OF KANSAS BREAKING THE CYCLE OF 15 hours in a community service project, and IN THE HOUSE OF REPRESENTATIVES DOMESTIC VIOLENCE development of a plan to promote Girl Scout- Wednesday, March 5, 2003 ing; and 5. Spending a minimum of 50 hours planning and implementing a Girl Scout Gold Mr. MOORE. Mr. Speaker, the Girl Scouts HON. FRANK PALLONE, JR. Award project that has a positive lasting im- program encourages strong values, leader- OF NEW JERSEY pact on the community. ship, responsibility, confidence, and friendship IN THE HOUSE OF REPRESENTATIVES among young women. Programs in the Kan- For her Gold Award project, Kayla did refur- Wednesday, March 5, 2003 bishment work at the Burr Oaks Conservation sas City, Kansas, region have been thriving Center. for years, empowering young women to de- Mr. PALLONE. Mr. Speaker, I rise today to Mr. Speaker, I proudly ask you to join me in velop to their full potential draw attention to an organization in my district commending Kayla Cress for her accomplish- Girl Scouts enables young women to grow that provides vital services to women and fam- ments with the Girl Scouts of America and for into strong citizens by teaching money and fi- ilies that have been affected by domestic vio- her efforts put forth in achieving the highest nancial management, health and fitness, glob- lence. distinction of the Gold Award. al awareness, and community service. As a 180 Turning Lives Around, formerly the f result of the program, millions of Girl Scouts Women’s Center of Monmouth County pro- have been introduced to the arts, science, vides a safe and supportive haven, where DOMESTIC VIOLENCE math, and technology. women and children can begin to heal. On March 2, in my home state of Kansas, 180 Offices provide specialized counseling HON. JOE BACA 21 Kansas City area Girl Scouts will be award- and programming for women affected by do- OF CALIFORNIA ed the highest honor in Scouting, the Gold mestic violence and sexual assault. They staff IN THE HOUSE OF REPRESENTATIVES Award. These young women will be recog- outreach offices in towns that have the highest nized for completion of five requirements: rates of domestic violence and sexual assaults Wednesday, March 5, 2003 community service, personal and spiritual in Monmouth County and some of the highest Mr. BACA. Mr. Speaker, domestic violence growth, positive values, and leadership skills. rates in the state, making these outreach pro- is not just an issue that affects women; it is an In order to receive the Gold Award honor, grams vital to the communities they serve. issue that affects us all. So many of our moth- these girls have accomplished several tasks. 180 provides programming for women of ers, sisters, co-workers, colleagues and Every recipient has earned four project patch- color, including a group-counseling format friends may be victims of domestic violence es, each of which requires fulfillment of seven called ‘‘Makeda’’ for Latina and African Amer- and you may never even know. The woman activities that center on skill building, tech- ican women. In addition, 180 coordinates with sitting next to you may be battered or abused, nology, service, and career exploration. In ad- local courts, police and prosecutor’s offices to and she is keeping it a deep dark secret be- dition, each girl has earned the Career Explo- ensure that victims and family members re- cause she is embarrassed, ashamed, or ration pin, received for their work researching ceive access to appropriate services. These afraid. We need to continue to work hard to potential careers. The Gold Award recipients services include the domestic violence offend- bring the issue of domestic violence out of the have also earned the Senior Girl Scout Lead- er’s intervention program ‘‘Alternatives to closet. Silence will not fix the problem. We ership Award for completing at least 30 hours Abuse,’’ victim’s counseling, art therapy for need programs that continue to bring the issue of work involving leadership skills. Finally, the children exposed to domestic violence and out in the open and let victims know that their young women have spent a minimum of 50 other community services.

∑ 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 04:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.011 E06PT1 E378 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2003 Reports indicate that since 180 has imple- degree in 2000 from New College in Florida. tional leadership and determination to succeed mented this innovative multi-disciplinary ap- Currently she is a third year Ph.D. student in in breaking through the barriers to equality. proach, domestic violence police cases in Ecology and Evolution at Stanford University For these qualities he was chosen to serve as towns throughout the county have dropped by and works out of Hopkins Marine Station in president of the Tampa chapter of the National nearly 35 percent, while recidivism rates for Pacific Grove, California. Association for the Advancement of Colored domestic violence offenders have dropped Increasing numbers of foreign species in the People and as a member of the advisory com- over 50 percent. The programs provided by nation’s harbors and estuaries can have detri- mittee to the U.S. Civil Rights Commission the 180 show concrete results in terms of re- mental effects on native habitats. Miss Heiman and the Florida Commission on Human duced crime while providing a critical and in- analyzes the spread of a marine tubeworm Rights, among other positions. Bob received valuable resource to the community in general discovered as an invasive species in Califor- countless awards for his leadership. and women and minorities in particular. nia’s Elkhorn Slough National Estuarine Re- Mr. Speaker, I urge my colleagues to join search Reserve in 1994. This tubeworm spe- Bob’s legacy of service reached into his with me and continue to support 180 and her cies builds large, hard reefs on the muddy final days. Even during his illness, he became sister programs and women’s centers through- ocean floor, thereby creating three-dimen- an advocate for hospice care. Bob credited out the nation. Domestic violence is a problem sional structures. She examines these new the professionals at LifePath Hospice for help- that affects all of society, not just women—and structures to determine if they result in more ing him and encouraged others in the black it is critical that we work together to break the habitats where other invasive species can live, community to turn to hospice for end-of-life cycle and put an end to domestic violence. and her preliminary results show that the care. worm reefs have more invasive species com- f Bob Gilder’s noble fight for justice was a pared to other substrates in Elkhorn Slough. HONORING DETECTIVE JAMES Miss Heiman also studies whether the spread blessing to the Tampa Bay community and the ROYS of other invasive species correlates with the nation. I would like to extend my deepest sym- spread of worm reefs, and this appears to be pathies to his family and offer my thanks for HON. STEVE ISRAEL the case in Elkhorn Slough. The importance of his inspiration. OF NEW YORK her work rests on the application of her results f IN THE HOUSE OF REPRESENTATIVES by coastal ecosystem managers struggling to Wednesday, March 5, 2003 fight a continued spread of invasive species. Miss Heiman’s results from Elkhorn Slough RECOGNIZING LAURA DELONG Mr. ISRAEL. Mr. Speaker, I rise to pay trib- thus far suggest that the spread of invasive ute to an exemplary member of the Long Is- species may be mediated by the removal of land community. hard substrates. HON. SAM GRAVES The Suffolk County Police Department con- Through basic ecological research, Miss OF MISSOURI sistently shows us the best and most heroic Heiman continues to develop conclusions that that Long Island has to offer. For thirty-one could help curtail the spread of invasive spe- IN THE HOUSE OF REPRESENTATIVES years, Detective James Roys has served as a cies and possibly restore our nation’s seaports Wednesday, March 5, 2003 commendable member of that department. and harbors. On behalf of this House, I com- Over the years, Detective Roys worked on nu- mend Kim Heiman on her excellent graduate Mr. GRAVES. Mr. Speaker, I proudly pause merous high-profile cases. In 1990 he was research in the Elkhorn Slough National Estu- to recognize Laura DeLong, a very special promoted to Detective and in 1995 he was arine Research Reserve and her strong inter- young woman who has exemplified the finest transferred to the Homicide Squad. He was est in helping answer the difficult problems qualities of citizenship and leadership by tak- the lead detective on numerous murder inves- that ecosystem managers face everyday. ing an active part in the Girl Scouts of Amer- tigations, including the noteworthy cases of f ica, Troop 1381, and in earning the most pres- Andrew Dukes, Krystal Barbasso, Anthony tigious honor of the Gold Award. Meo and Eric Burkes. Detective Roys has TRIBUTE TO BOB GILDER made a lasting contribution to the safety of The Girl Scout Gold Award is the highest Long Island residents. HON. JIM DAVIS achievement attainable in Girl Scouting. To On January 4, 2003, Detective James Roys OF FLORIDA earn the Gold Award, a Scout must complete retired from the Suffolk County Police Depart- IN THE HOUSE OF REPRESENTATIVES five requirements, all of which promote com- ment. It is with great admiration that I come to munity service, personal and spiritual growth, Wednesday, March 5, 2003 this floor to offer my congratulations and best positive values, and leadership skills. The re- wishes. He will be truly missed by his col- Mr. DAVIS. Mr. Speaker, I rise in honor of quirements include: 1. Earning four interest leagues and by Suffolk County residents who Bob Gilder, a remarkable, celebrated civil project patches, each of which requires seven depended on his hard work for so many years. rights leader in the Tampa Bay area, whose activities that center on skill building, tech- Mr. Speaker, Suffolk County owes a debt of death this week is an enormous loss to our nology, service projects, and career explo- gratitude to Detective James Roys. entire community. ration; 2. Earning the career exploration pin, f Bob Gilder dedicated his life to fighting seg- which involves researching careers, writing re- regation, protecting fundamental rights and im- sumes, and planning a career fair or trip; 3. CONGRATULATIONS KIM HEIMAN proving the quality of life for blacks in Amer- Earning the Senior Girl Scout Leadership ica. A native of Texas, Bob came to Tampa in 1959 after attending Florida A&M University, Award, which requires a minimum of 30 hours HON. SAM FARR of work using leadership skills; 4. Designing a OF CALIFORNIA and by 1963, he was already speaking out at self-development plan that requires assess- IN THE HOUSE OF REPRESENTATIVES lunch-counter sit-ins, protests and marches. Bob’s voice only grew stronger over the ment of ability to interact with others and Wednesday, March 5, 2003 years, and in 1967, he played a critical role in prioritize values, participation for a minimum of Mr. FARR. Mr. Speaker, I rise today to con- restoring order and calling for an end to vio- 15 hours in a community service project, and gratulate Kim Heiman, winner of the 2003 lence after Tampa’s race riots. He led efforts development of a plan to promote Girl Scout- Walter B. Jones NOAA Excellence Award in to desegregate Tampa General Hospital and ing; and 5. Spending a minimum of 50 hours the Category of Excellence in Coastal and Ma- St. Joseph’s Hospital and started an on-the- planning and implementing a Girl Scout Gold rine Graduate Study. Her study of marine job training program to help black people get Award Project that has a positive lasting im- ecology and in particular the spread of jobs in the City of Tampa’s fire department, pact on the community. invasive species has brought her well-de- the mayor’s office and the state attorney’s of- For her Gold Award Project, Laura created served acclaim and promises to answer many fice. However, Bob is probably best known for a music clinic for elementary school children. scientific questions about the physical and bio- his tireless voter registration efforts. Bob logical changes invasive species make on ma- worked on countless voter registration drives Mr. Speaker, I proudly ask you to join me in rine communities. and in 1991 served as director of the Voter commending Laura DeLong for her accom- Born in Iowa, Miss Heiman has lived in a Registration Coalition. plishments with the Girl Scouts of America variety of locations including Colorado and Bob was fearless in pursuing his goals. He and for her efforts put forth in achieving the Japan. She earned her Bachelor of Science had the know-how, the eloquence, the inspira- highest distinction of the Gold Award.

VerDate Jan 31 2003 04:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.014 E06PT1 March 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E379 MIGUEL ESTRADA NOMINATION ment—would have heeded the concerns ex- PERSONAL EXPLANATION pressed about this legislation by governors HON. JOE BACA and state officials around the country. Cur- HON. ELTON GALLEGLY OF CALIFORNIA rently, and into the foreseeable future, most OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES states are struggling with severe budget short- IN THE HOUSE OF REPRESENTATIVES Wednesday, March 5, 2003 falls that are projected to approach $85 billion Wednesday, March 5, 2003 this year, and H.R. 4 imposes an additional Mr. BACA. Mr. Speaker, I join my fellow unfunded mandate on the states to the tune of Mr. GALLEGLY. Mr. Speaker, on February members of the Congressional Hispanic Cau- 25, 2003, I was unavoidably detained and un- $8–11 billion—$67 million for the state of Kan- cus in strong opposition to the nomination of able to vote on H. Res. 46, honoring the life sas alone. Kansas is currently facing a budget Miguel Estrada to the D.C. Circuit Court of Ap- of Al Hirschfeld and his legacy, and H. Con. peals. crisis and its leaders are cutting services and Res. 40, permitting the use of the Rotunda of After meeting with Mr. Estrada, I am con- raising taxes as we speak just to balance the the Capitol for a ceremony as part of the com- vinced that he possesses neither the profes- budget. An unfunded mandate of this mag- memoration of the days of remembrance of sional qualifications nor the commitment to di- nitude could devastate the state budget. If we victims of the Holocaust. Had I been present, versity necessary for service on the second are going to raise the bar for the states, we I would have voted ‘‘yes’’ on both measures. most influential court in our nation. must provide support so that states can reach We are disturbed by the fact that the Presi- the bar. f dent has nominated a person who has no The funding provided in H.R. 4 is not suffi- HONORING KIMBERLY GREENWOOD prior experience as a judge and who is not cient to accomplish and sustain the goals of considered one of the foremost legal voices of the TANF program. Furthermore, this legisla- our time. HON. JEB BRADLEY It is clear to us that Mr. Estrada’s nomina- tion allocates funding for child care that barely OF NEW HAMPSHIRE tion has more to do with his Spanish surname keeps pace with inflation and does not begin IN THE HOUSE OF REPRESENTATIVES than his qualifications for the job. to provide the funding necessary to provide Wednesday, March 5, 2003 Miguel Estrada has no connection to the the child care that the additional work hours Latino community. He has no particular affinity will demand. To fully implement this bill, the Mr. BRADLEY of New Hampshire. Mr. for the role of the courts in lifting up the Latino state of Kansas would need $33.5 in extra Speaker, I rise today to honor Kimberly Greenwood of Greenland upon her recognition community. He has never contributed pro funding for child care alone. bono legal services to Latino organizations, as a 2003 Prudential Spirit of Community States, including Kansas, have done a good and has no interest in righting the wrongs of State Honoree by Prudential Financial and the the past. job implementing the provisions of the 1996 National Association of Secondary School In short, he has no business representing law. Kansas has reduced the cash assistance Principals. our community on a bench that is just a caseload by more than half, and helped ap- This honor, which is bestowed upon one stone’s throw from the highest court in the proximately 37,000 adults become employed middle school and one high school student land. and retain employment. I want to continue to volunteer from each state, is designed to em- I strongly urge the Senate to vote against do what I can to ensure that the states have phasize the importance our nation places on the confirmation of Miguel Estrada, and I the tools and flexibility they need to help wel- service to others. Kimberly’s actions show that young Americans can—and do—play impor- stand in solidarity with our brave colleagues in fare recipients move from welfare to work, but tant roles in our communities. Kimberly proves the other chamber who are opposing his H.R. 4, like H.R. 4737 before it, falls far short nomination. that with a little creativity and a lot of passion, of that goal. one person can make a difference that has f For these reasons, I am supporting the profound ripple effects in his or her commu- H.R. 4, WELFARE REFORM Cardin-Kind-Woolsey substitute that will pro- nity. REAUTHORIZATION vide an extra $11 billion in mandatory funding Motivated to educate her peers about the for child care to help states provide child care growing hunger problem, Kimberly faced the HON. DENNIS MOORE for working welfare recipients and provide an daunting task of planning events that would OF KANSAS inflationary increase for the TANF block grant. hold the attention of middle school students. IN THE HOUSE OF REPRESENTATIVES Kimberly’s creativity in planning events and Education is the path through which welfare fundraisers is a testament to her dedication to Wednesday, March 5, 2003 recipients will truly find long-term, wellpaying, making a lasting impact on her peers. Kim- Mr. MOORE. Mr. Speaker, I rise today to permanent employment. Only education and berly organized a raffle, bake sale and a discuss my views on H.R. 4 and explain my training will give welfare recipients the skills ‘‘dress-down pass sale,’’ which allowed pur- reasons for opposing this legislation and sup- they need to move permanently to a life of chasers to wear everyday clothes instead of porting a moderate, workable substitute. self-sufficiency. Unfortunately, this legislation their school uniform for one day. Her keen I believe in a ‘‘work first’’ policy for welfare greatly reduces the states’ discretion to allow business savvy proved successful, as she recipients—the best path to independence for welfare recipients to get education and training raised over $750 for local and national char- welfare recipients is a job. I also believe that to pull themselves out of poverty. This legisla- ities. In order to highlight the program’s im- we should do all that we can to ensure that tion removes vocational education from the list pact, Kimberly collected all of the wasted food work pays and remember that the reduction of of work-related activities that count toward the from the students’ lunch period each day for poverty—especially child poverty—is the ulti- core work requirement. In addition, the bill one week during the food fast and weighed it. mate goal of this reauthorization. By the end of the week, the students had cut does not provide an employment credit to the When we last voted on legislation to reau- the amount of food they wasted by twenty states when individuals leave welfare for work. thorize TANF, I shared with leaders in the pounds, and had achieved a greater respect House concerns expressed by officials in Kan- That is why I am supporting a substitute that for their own good fortunes. Kimberly is a liv- sas, including Janet Schalansky, Secretary of will allow states to combine successful ‘‘work ing example of how people of all ages need to the Kansas Department of Social and Reha- first’’ initiatives with education and training. think about how to work together at the local bilitation Services. Ms. Schalansky expressed The substitute will give states credit when they level to ensure the health and vitality of our clearly that the TANF reauthorization legisla- move individuals from welfare to private-sector towns and neighborhoods. tion must not impose another set of unfunded jobs—rather than giving them an incentive to Young volunteers like Kimberly are inspiring mandates and must recognize the great need create government ‘‘make work’’ programs. examples to all of us, and are among our for education, training and other supports for brightest hopes for a better tomorrow. She individuals leaving welfare. Unfortunately, her Mr. Speaker, the House should reject H.R. truly exemplifies what is good about today’s calls were ignored once again. 4 and approve the Cardin-Kind-Woolsey sub- youth. I applaud Kimberly for her efforts to I had hoped that our President—a former stitute. Our goal is to move welfare recipients make her community a better place to live and governor—and congressional Republicans— to work and help people lift themselves out of for the positive impact she has had on the who speak often of freeing the states from poverty. The substitute gives the states the lives of others. It is an honor to represent her undue burdens placed by the Federal govern- tools they need to achieve that goal. in the U.S. House of Representatives.

VerDate Jan 31 2003 04:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.019 E06PT1 E380 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2003 TRIBUTE TO CONGRESSWOMAN INTRODUCTION OF THE INDIAN INTRODUCING A BILL TO MAKE CARRIE MEEK SCHOOL BUS ROUTE SAFETY RE- LEAF TOBACCO AN ELIGIBLE AUTHORIZATION ACT OF 2003 COMMODITY FOR THE MARKET HON. ALCEE L. HASTINGS ACCESS PROGRAM OF FLORIDA IN THE HOUSE OF REPRESENTATIVES HON. TOM UDALL HON. BOB ETHERIDGE OF NORTH CAROLINA Wednesday, March 5, 2003 OF NEW MEXICO IN THE HOUSE OF REPRESENTATIVES Mr. HASTINGS of Florida. Mr. Speaker, it is IN THE HOUSE OF REPRESENTATIVES with the pinnacle of respect that I rise today to Wednesday, March 5, 2003 pay tribute to retired Congresswoman Carrie Wednesday, March 5, 2003 Mr. ETHERIDGE. Mr. Speaker, I rise today Meek. with my colleagues from other tobacco pro- For the past 10 years, I have had the dis- Mr. UDALL of New Mexico. Mr. Speaker, it ducing states to introduce a bill to put an end tinct honor and privilege to not only know gives me great pleasure to rise to introduce to discrimination against tobacco farmers. For Carrie, but to serve in this great body with her, companion legislation to a bill being intro- almost eight years, hard-working, God-fearing, all the while being the gracious beneficiary of duced by Senator JEFF BINGAMAN in the Sen- taxpaying tobacco farmers have been denied her wealth of spirit and depth of character. ate today. I am extremely pleased to be joined access to the funds provided by the federal Only in America can the granddaughter of a in introducing this legislation, the Indian Market Access Program, commonly known as slave and the daughter of a former share- School Bus Route Safety Reauthorization Act MAP. cropper believe that she can achieve and con- of 2003, by Congressman JIM MATHESON of Under MAP, agricultural industry trade asso- quer all that presents itself in opposition to her Utah and Congressman RICK RENZI of Ari- ciations, cooperatives, and state or regional dreams. zona, both of whom represent portions of the trade groups each year are invited to submit Franklin Delano Roosevelt stated in one of Navajo Nation in their Congressional districts. proposals to USDA’s Foreign Agricultural his fireside chats, ‘‘The true test of our Service (FAS) to conduct approved foreign progress is not whether we add more to the This legislation is of great importance to our market development projects for various U.S. abundance of those who have much; it is three states— specifically to the children and agricultural, fishery and forestry products. Ex- whether we provide enough for those who residents of the Navajo Nation, and the coun- amples include consumer promotions, market have too little.’’ Carrie is the embodiment of ties into which the Navajo Nation’s boundaries research, technical assistance, and trade serv- that quote. extend. In New Mexico these counties are icing. MAP funds have been used to promote She has fought with relentless effort for the McKinley and San Juan Counties, and prior to a wide range of products from sunflower people of the 17th Congressional District of 1998 they were responsible for maintaining seeds to catfish and cotton to hops for use in Florida and has served them and her country the roads used by county school buses that making beer. well. stretch into the reservation to transport the Since 1993 USDA has been prohibited from Carrie Meek has set the stage and perpet- children of the Navajo Nation to and from the using MAP funds to promote tobacco leaf uated the legacy of political astuteness for all county schools. Although there is nothing sales overseas. This is patently unfair, and it of us, but particularly for African-American unique about counties funding and maintaining is time for this discrimination to end. The fu- women everywhere. the roads in their jurisdiction, this particular ture of American agriculture is tied to inter- Carrie is truly a political pioneer and I and national trade. Currently, 25% of farmers’ case of the counties being responsible for the this legislative body have been, without a gross income comes from exports. The futures upkeep of the roads that ran into the Navajo doubt, made the better for having just been in of thousands of Tar Heel tobacco farm fami- her element. Nation was extremely rare, and seems to be lies depend on exports, and I am not going to the only situation of this kind throughout the f stand by and watch other commodities benefit United States. This put an enormous burden from federal funds to access these markets HUMAN CLONING PROHIBITION on McKinley and San Juan County officials, while tobacco farmers are left out in the cold. ACT OF 2003 and oftentimes resulted in impassable roads, It is high time that tobacco is treated like the which, in turn, resulted in children missing SPEECH OF legal product that it is, and this legislation is a school because the buses were unable to pick step in the right direction. I call on President HON. AMO HOUGHTON them up. Bush, Secretary Veneman, and my colleagues OF NEW YORK In 1998, however, Senator Bingaman was to support this bill and give our struggling to- IN THE HOUSE OF REPRESENTATIVES bacco farm families an opportunity to not just successful in acquiring funds through the In- survive, but thrive. Thursday, February 27, 2003 dian School Bus Route Safety Act for the The House in Committee of the Whole counties in New Mexico, Utah, and Arizona to f House on the State of the Union has under assist them in facing this particularly burden- INTRODUCTION OF THE AQUATIC consideration the bill (H.R. 534) to amend some responsibility. Today, we are proud to INVASIVE SPECIES RESEARCH ACT title 18, United States Code, to prohibit human cloning: introduce the reauthorization of this legislation, which is set to expire very soon, to provide Mr. HOUGHTON. Mr. Chairman, I’d like to HON. VERNON J. EHLERS OF MICHIGAN speak on behalf of the Greenwood Amend- further assistance to the counties and children IN THE HOUSE OF REPRESENTATIVES ment H.R. 534. This has to do with research of the Navajo Nation. This bill authorizes funds to help save human lives. It’s not a question totaling $24 million for Fiscal Years 2004 Wednesday, March 5, 2003 of human cloning. The process we’re talking through 2009 to be split equally among New Mr. EHLERS. Mr. Speaker, I am pleased to about—therapeutic cloning—takes embryos, Mexico, Utah, and Arizona. The breakdown of introduce today a bill that is a critical compo- many of which are fertilized in a laboratory the total amount of funding is $3 million each nent in our efforts to combat aquatic invasive petri dish. They are saved. The cells are sepa- year for FY2004 and 2005, $4 million each species—the Aquatic Invasive Species Re- rated so they can continue to grow. We learn year for FY2006 and 2007, and $5 million search Act. This legislation creates a com- about a mechanism to better understand tis- each year for FY2008 and 2009. prehensive research program that supports sues in the body. There will be an ability to These critical funds will provide much-need- federal, state and local efforts to prevent cure diseases such as Parkinson’s, Diabetes, invasive species from ever entering our water- ed assistance to the counties, and will help Heart Muscle Disease, Chronic Liver Dis- ways, as well as detection, control and eradi- put an end to the shameful situation of chil- ease—the list is endless. cation efforts once they are here. It com- So please don’t stop this exciting area of dren missing school simply because of im- plements a bill introduced today by Mr. passable roads due to lack of maintenance. I breakthrough new science. Don’t confuse the GILCHREST in the House and Mr. LEVIN in the issue with reproductive cloning. Hammers are am extremely hopeful that we can either pass Senate, to reauthorize the National Invasive used to build a building, but they can also be this measure, or include it as part of the TEA– Species Act. This legislation is a critical com- used as a lethal weapon. Because a hammer 21 reauthorization bill and provide further as- ponent in our battle against these harmful and can be used as a murder weapon, we don’t sistance to the children of the Navajo Nation extremely damaging pests. automatically outlaw it. Please support the and our respective states. I urge my col- In undertaking this effort, I have found that Greenwood Amendment. leagues to support this legislation. many people wonder—‘‘What is an invasive

VerDate Jan 31 2003 04:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.024 E06PT1 March 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E381 species? Why it is so crucial to keep them out species is to focus these resources to prevent invasive species. This research program will of the United States?’’ It is important that we them from ever entering the United States. give federal, state and local managers more understand these questions so that we can Spending millions of dollars to prevent species tools to combat invasive species that are also appreciate the scope of the threat that introductions will save billions of dollars in environmentally sound. The second compo- invasive species pose to our economy and en- control, eradication and restoration efforts nent is a program to develop dispersal bar- vironment. once the species become established. In fact, riers—administered by the Army Corps of En- The introduction of non-native species is not one theme is central to both Mr. GILCHREST’s gineers—which have been a critical issue in new to the United States. People have bill and this legislation. It is an old adage, but the Chicago Sanitary Canal where Great brought non-native plants and animals into the one worth following—‘‘An ounce of prevention Lakes managers have been desperately trying United States, both intentionally and uninten- is worth a pound of cure.’’ to keep the Asian Carp from entering Lake tionally, for a variety of reasons, since the To successfully carry out this strategy, we Michigan from the Mississippi River system. New World was discovered. Some examples need careful, concerted management of this The third component is expansion both in include the introduction of nutria (which is a problem underpinned by research at every terms of scope and funding of a National Oce- rodent similar to a muskrat) by trappers to bol- step. For example, we know that we must do anic and Atmospheric Administration and Fish ster the domestic fur industry, and the intro- more to regulate the pathways by which these and Wildlife Service program geared toward duction of the purple loosestrife plant to add invaders enter the United States (ships, aqua- demonstrating technologies that prevent rich color to gardens. Both nutria and purple culture, etc.), which is an important component invasive species from being introduced by loosestrife are now serious threats to wet- of Mr. GILCHREST’s legislation. However, re- ships. This is the federal government’s only lands. Non-native species may also be intro- search must inform us as to which of these program that is focused solely on helping de- duced unintentionally, such as through species pathways pose the greatest threat and which velop viable technologies to treat ballast hitching rides in ships, crates, planes, or soil techniques used to manage each pathway are water. It has been woefully underfunded in the coming into the United States. For example, effective. This legislation would help develop past and deserves more attention. zebra mussels, first discovered in Lake St. this understanding through the ecological and The fifth part of the bill focuses on setting Clair near Detroit in the late 1980s, came into pathway surveys conducted under this bill. In up research to directly support the Coast the Great Lakes through ballast water from fact, research underlies every management Guard’s efforts to set standards for the treat- ships. decision aimed at detecting, preventing, con- ment of ships with respect to preventing them Not all species brought into the country are trolling and eradicating invasive species; edu- from introducing invasive species. Ships are a harmful to local economies, people and/or the cating citizens and stakeholders; and ensuring major pathway by which invasive species are environment. In fact, most non-native species that resources are optimally deployed to in- unintentionally introduced; the ballast water do not survive because the environment does crease the effectiveness of government pro- discharged by ships is of particular concern. not meet their biological needs. In many grams. These items are also reflected in the One of the key issues that has hampered ef- cases, however, the new species will find fa- legislation, which I will now describe in more forts to deal with the threats that ships pose vorable conditions (such as a lack of natural detail. is the lack of standards for how ballast water enemies or an environment that fosters propa- The bill is divided into six main parts. The must be treated when it is discharged. The gation) that allow it to survive and thrive in a first three parts outline an ecological and path- Coast Guard has had a very difficult time de- new ecosystem. way research program, combining surveys and veloping these standards since the underlying Only a small fraction of these non-native experimentation, to be established by the Na- law that support their efforts (the National species become an ‘‘invasive species’’—de- tional Oceanic and Atmospheric Administra- Invasive Species Act) did not contain a re- fined as a species that is both non-native to tion, the Smithsonian Environmental Research search component to support their work. This the ecosystem and whose introduction causes Center and the United States Geological Sur- legislation provides that missing piece. or may cause economic or environmental vey. This program is focused on under- Finally, the sixth and final part supports our harm or harm to human health. However, this standing what invasive species are present in ability to identify invaders once they arrive. small fraction can cause enormous damage, our waterways, which pathways they use to Over the past couple of decades, the number both to our economy and our environment. enter our waterways, how they establish them- of scientists working in systematics and tax- Estimating the total economic impact of selves once they are here and whether or not onomy, expertise that is fundamental to identi- invasive species is extremely difficult. No sin- invasions are getting better or worse based on fying species, has decreased steadily. In order gle organization accumulates such statistics decisions to regulate pathways. In carrying out to address this problem, the legislation sets up comprehensively. However, researchers at this program, the three principal agencies I a National Science Foundation program to Cornell University estimate that invasive spe- mentioned previously will develop standard- give grants for academic research in system- cies cost Americans $137 billion annually. This ized protocols for carry out the ecological and atics and taxonomy with the goal of maintain- includes the cost of control, damage to prop- pathway surveys that are called for under the ing U.S. expertise in these disciplines. erty values, health costs and other factors. legislation. In addition, they will coordinate Taken together, both my legislation and Mr. Just one species can cost government and their efforts to establish long-term surveys GILCHREST’s represent an important step for- private citizens billions of dollars. For example, sites so we have strong baseline information. ward in our efforts to prevent invasive species zebra mussels have cost the various entities This program also includes an important grant from ever crossing our borders and combat in the Great Lakes basin an estimated $3 bil- program so that academic researchers and them once they are arrive. New invaders are lion during the past 10 years for cleaning state agencies can carry out the surveys at di- arriving in the United States each day, bring- water intake pipes, purchasing filtration equip- verse sites distributed geographically around ing with them even more burden on taxpayers ment, etc. the country. This will give federal, state and and the environment. We simply cannot afford Beyond economic impacts, invasive species local managers a more holistic view of the to wait any longer to deal with this problem, cause ecological costs that are even more dif- rates and patterns of invasions of aquatic and so I urge all of my colleagues to support ficult to quantify. For example, sea lamprey invasive species into the United States. Lastly, this legislation. control measures in the Great Lakes cost ap- the principal agencies will coordinate their ef- proximately $10 million to $15 million annually. forts and pull all of this information together f However, we do not have a good measure of and analyze it to help determine whether or the cost of lost fisheries due to this invader, not decisions to manage these pathways are ESTABLISHING AN ANNUAL VIS- which was first discovered in the Great Lakes effective. This will inform policymakers as to ITING NURSE ASSOCIATION in the early 1900s. In fact, invasive species which pathways pose the greatest threat and WEEK now are second only to habitat loss as threats whether or not they need to change the way SPEECH OF to endangered species. Quantifying the loss these pathways are managed. due to extinction caused by these invasive The fourth part of the bill contains several HON. CAROLYN McCARTHY species is nearly impossible. programs to develop, demonstrate and verify OF NEW YORK Given the enormous economic and environ- technologies to prevent, control and eradicate IN THE HOUSE OF REPRESENTATIVES mental impacts these invaders cause, two invasive species. The first component is an clear goals emerge: First, we need to focus Environmental Protection Agency grant pro- Tuesday, March 4, 2003 more resources and energy into dealing with gram focused on developing, demonstrating Mrs. MCCARTHY of New York. Mr. Speak- this problem at all levels of government; sec- and verifying environmentally sound tech- er, today I rise in strong support for National ond, our best strategy for dealing with invasive nologies to control and eradicate aquatic Visiting Nurse Association Week. As a nurse

VerDate Jan 31 2003 04:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.028 E06PT1 E382 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2003 for over thirty years, I am always proud to cel- rent Resolution 61, expressing the need to in- In recent years, an increased number of ebrate what I still consider the best profession crease funding for the Peace Corps by $550 conventional apartment owners have begun in the world. million by 2007. This legislation reflects the participating in the voucher program. While Today we are here to commend a very spe- the program is not perfect, professional President’s commitment to double the number apartment owners in partnership with the cial type of nurse, those that specialize in of Peace Corps Volunteers over the next four current voucher administrators have made home health care. For more than 100 years, years, and recognizes the unprecedented great strides in helping low-income families Visiting Nurse Associations (VNAs) have been funding challenges the Peace Corps will face find quality affordable rental housing—a providing home health care to the commu- as the President’s initiative to expand the pro- partnership that helps the community as a nities they serve. Beginning in the late 1800s, gram moves forward. whole. VNAs provided critical home-based care for As we gather today to honor the tremen- Apartment owners and managers look to the homebound, the impoverished, the frail el- dous achievements of our Peace Corps Volun- uniformity and consistency of program rules and funding levels when deciding to partici- derly and children at-risk. teers from the past, let us not forget the thou- pate as voucher landlords. HUD’s proposal Over a hundred years later, not-for-profit sands that serve today, including the twenty- creates uncertainty in this regard, the result VNAs continue their unparalleled, selfless tra- four volunteers from my Congressional District of which will have a chilling impact upon dition of offering quality of life and independ- in Minnesota serving in such locations as Hon- market participation in the program. ence to all Americans through comprehensive duras, Bulgaria, Kazakhstan and the Phil- In addition, multifamily property owners home health care. Today, guided by their ippines. Now, more than ever, it is clear that often operate in multiple States. If each charitable missions, VNAs care for nearly 10 the cross-cultural understanding developed State creates its own program, it would ne- through Peace Corps programs is invaluable cessitate the understanding of new rules cre- million people annually. ated by up to 50 different administrators. VNAs provide home health care for patients to our nation. Further, any shifting of federal funds to of all ages—from infants to elderly. They are f state block grants raises serious concerns the educators of disease prevention and about future funding availability, begging HOUSING GROUPS OPPOSE ADMIN- health promotion. Physicians are confident the question of why States would be inter- when referring to VNAs because of their high ISTRATION SECTION 8 PROPOSAL ested in HUD’s proposal. level of quality standards and clinical excel- A dramatic shift in program rules and ad- lence. Patients are extremely satisfied with the HON. BARNEY FRANK ministrators will also jeopardize the new OF MASSACHUSETTS homeownership voucher programs launched care they receive from VNAs as shown by a by local agencies in partnership with the IN THE HOUSE OF REPRESENTATIVES 99 percent customer satisfaction rating. real estate and lending community. This Mr. Speaker, I urge all my colleagues to Wednesday, March 5, 2003 homeownership initiative holds promise for show their support for Visiting Nurse Associa- Mr. FRANK of Massachusetts. Mr. Speaker, increasing opportunities for low-income fam- tions everywhere by voting for this wonderful one of the areas where national policy is ilies. resolution. Devolution may have a place in any sound weakest is that of affordable housing. The federal housing policy, but not in relation to f very prosperity of the nineties that so bene- the House Choice Voucher program. We NATIONAL PEACE CORPS DAY fited most Americans in fact exacerbated the stand ready to work with HUD on alter- housing crisis for many, because of the un- native approaches to strengthening its ten- evenness of the housing market and of that ant-based assistance. HON. BETTY McCOLLUM prosperity. Sadly, recent proposals from this Sincerely, OF MINNESOTA Council for Affordable and Rural Housing. administration not only do nothing to alleviate Institute for Responsible Housing Preser- IN THE HOUSE OF REPRESENTATIVES these areas of housing crisis, they would vation. Wednesday, March 5, 2003 worsen them. One of the areas where the ad- Institute of Real Estate Management. ministration’s proposals would worsen an al- National Apartment Association. Ms. MCCOLLUM. Mr. Speaker, I rise today National Association of Realtors. in recognition of National Peace Corps Day, ready bad situation is that of Section 8 Hous- National Leased Housing Association. and in support of our nation’s enduring com- ing, the main program by which we help peo- National Multi House Council. mitment to progress, opportunity, and ex- ple rent housing when they cannot afford de- f panded development at the grassroots level cent homes on their own. Not only has the program been insufficiently funded recently, UNITING IN THE FIGHT TO END throughout the developing world. DOMESTIC VIOLENCE Since 1961, more than 168,000 Ameri- the administration’s new budget proposal cans—including over 5,000 Minnesotans—re- seeks to make this a block grant, removing sponded to our nation’s call to serve by be- any federal protections for those in need, and HON. KENDRICK B. MEEK coming Peace Corps Volunteers in 136 coun- subjecting them to the already strong pres- OF FLORIDA tries. Today, more than 7,000 Americans cur- sures that many state budgets face. A coali- IN THE HOUSE OF REPRESENTATIVES rently serve in the Peace Corps, providing val- tion of some of the most important groups in Wednesday, March 5, 2003 the housing field, including many of those uable assistance to developing countries, con- Mr. MEEK of Florida. Mr. Speaker, I rise business organizations that seek to help us tributing their skills to support programs in today, on the 5th Annual National Lobby Day meet the need for affordable housing, recently education, health, business, agriculture and for The National Coalition Against Domestic wrote to Secretary Martinez expressing their the environment. Violence, to join my colleagues in speaking strong opposition to this proposal. Their letter Peace Corps volunteers have improved the out against domestic violence, a brutal crime lists several reasons why this program would lives of communities throughout the world by committed against millions of women. Domes- be harmful to our major current effort to help responding to real global crises such as pov- tic violence is the single largest cause of injury low income people meet their housing needs, erty, hunger and HIV/AIDS. They have to women between the ages of fifteen and and given the expertise and commitment of strengthened the ties of friendship and under- forty-four, more than muggings, car accidents those who have signed the letter, as well as standing between the people of the United and rapes combined. their reasoning, I ask that it be printed here so States and those of other countries, and have Mr. Speaker, women are losing their right to that the members may benefit from their very brought back to the U.S. a deeper under- safety in their homes and in their communities. sound judgment. standing of other cultures and nations. Women account for an alarming 85 percent of National Peace Corps Day recognizes the FEBRUARY 25, 2003. Hon. MEL MARTINEZ, the victims of domestic violence. Each year work of returned Peace Corps Volunteers as Dept. of Housing & Urban Development, between two to four million women are bat- they bring their experiences to work, school, Washington, DC. tered, and a substantial number of these bat- places of worship and recreation, sharing with DEAR SECRETARY MARTINEZ: The under- tered women will die of their injuries. colleagues, friends, and community members signed groups are writing to express our con- Devastatingly, because one in three women how their volunteer service changed and cern regarding HUD’s FY04 Budget proposal are likely to be abused by a partner or some- shaped their lives. Today, across the nation, to block grant the Housing Choice Voucher one she knows, only half of all female victims program. we honor the spirit of these Volunteers and re- The voucher program, created under the report their injuries to the proper authorities. affirm our country’s commitment to helping Nixon Administration, has become the cor- Women remain in grave fear of their lives and people help themselves throughout the world. nerstone of federal affordable housing policy do not leave their violent relationships. In this spirit, and in honor of National Peace and has broad support among many constitu- Domestic violence is increasing at a dis- Corps Day, I have introduced House Concur- encies. turbing rate. In my home state of Florida,

VerDate Jan 31 2003 04:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.032 E06PT1 March 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E383 which has an increasingly expanding immi- of our government. These are ideas that iden- vote on rollcall numbers 40, 41 and 42. The grant population, battered women claim that tify us as a people and bind us together as a votes I missed include rollcall vote 40 on Sus- they are in fear of reporting their violent rela- nation. It is important for our next generation pending the Rules and Agreeing to H. Res. tionships until their immigration concerns are to understand these values and principles that 106, Congratulating Lutheran Schools; rollcall addressed. we hold as standards in our endeavor to pre- vote 41 on Suspending the Rules and Agree- These women, Mr. Speaker, are fed misin- serve and realize the promise of our constitu- ing to H. Con. Res. 54, Expressing support of formation about United States laws and are tional democracy. National Visiting Nurse Association Week; and faced with the threats of deportation by their The class from Sparkman High School is rollcall vote 42 on Suspending the Rules and abusers. Many of these women are overly de- currently conducting research and preparing Agreeing to H. Res. 111, Honoring the Legacy pendent on their abusers because they face for their upcoming participation in the national of Fred Rogers. racial and language barriers. Others face cul- competition in Washington, D.C. I commend Had I been present for the votes, I would tural barriers and being a victim of domestic their teacher, State Representative Sue have voted ‘‘aye’’ on rollcall votes 40, 41 and violence is considered taboo. Schmitz, for teaching these young ‘‘constitu- 42. Mr. Speaker, I join my colleagues in encour- tional experts,’’ and I wish the class the best f aging and supporting all victims of domestic of luck at the ‘‘We the People’’ national finals. abuse to seek help and to report all violent They represent the future leaders of our na- TRIBUTE TO THE HONORABLE and criminal acts without being ashamed to do tion. CORWIN M. NIXON ON HIS 90TH BIRTHDAY so. We must help prevent women from being f ashamed and embarrassed and encourage them to report the abuse from these monsters. THE PRESIDENT’S STEEL INITIA- HON. ROB PORTMAN TIVE ONE YEAR LATER: A SUC- Further, I strongly encourage Congress and OF OHIO CESS the Administration to support and pass legisla- IN THE HOUSE OF REPRESENTATIVES tion pertaining to health care and law enforce- Wednesday, March 5, 2003 ment in order to combat violence against HON. ROB BISHOP women. The abuse of women is an all too OF UTAH Mr. PORTMAN. Mr. Speaker, I rise today to common occurrence and the fight to prevent IN THE HOUSE OF REPRESENTATIVES recognize the outstanding achievements of the this crime must strengthen. Wednesday, March 5, 2003 Honorable Corwin M. Nixon, a dear friend and f distinguished constituent, who will celebrate Mr. BISHOP of Utah. Mr. Speaker, one year his 90th birthday on March 9, 2003. TRIBUTE TO SPARKMAN HIGH ago today, the President made a courageous Corwin has served Warren County, Ohio, SCHOOL OF HARVEST, ALABAMA decision to impose a temporary trade remedy and the State of Ohio with great distinction. against dumped and subsidized steel imports From 1948 to 1960, he served as a Warren HON. ROBERT E. (BUD) CRAMER, JR. that were causing serious injury to our U.S. County Commissioner. Shortly thereafter, steel industry and its workers. This action was Corwin was elected to the Ohio General As- OF ALABAMA taken under Section 201 of the Trade Act, and IN THE HOUSE OF REPRESENTATIVES sembly as a State Representative, where he the international rules of the World Trade Or- served for 30 years from 1962 to 1992. He Wednesday, March 5, 2003 ganization Safeguards Agreement. One year had the distinction of being minority leader of Mr. CRAMER. Mr. Speaker, I rise today to later, it is clear that his steel initiative has the Ohio House of Representatives during his honor Sparkman High School from Harvest, begun to produce an important consolidation last 14 years in office. Alabama for winning the statewide ‘‘We the and restructuring of the U.S. steel industry that Throughout his successful public service ca- People: The Citizen and the Constitution’’ will benefit our national economic security and reer, Corwin Nixon was always a true gen- competition. I am proud to announce that this our domestic steel customer base long-term. tleman who worked well with his colleagues group of bright students from my Congres- Since the President’s decision, prices are on both sides of the aisle. Corwin also cared sional district will represent the state of Ala- recovering, steel supply is generally robust, deeply about his constituents. He has told me bama in the national competition event that and the industry has begun dramatic consoli- he ‘‘used to mail get-well cards to everyone will be held on April 26, 2003. The Sparkman dation and restructuring. This recovery is im- who got sick.’’ Corwin once was shown four class will join more than 1,200 students from portant news for Nucor Steel Utah, located in get-well cards that were kept on a constitu- across the United States in Washington, D.C. my district, and for steel producers in other ent’s mantel, one for each time this person to compete in the national finals. similar communities all across America. The had been in the hospital. He has also told me The ‘‘We the People . . .’’ program is the result at the end of the three-year period will of his habit of sending a congratulatory note most extensive educational program in the be top quality steel, produced in high tech- with a $1 bill enclosed to newborns, and how country developed specifically to educate nology mills in America, which will become an to this day these lucky recipients of his young people about the Constitution and the even better value for our nation’s steel con- thoughtfulness come up to him to thank him. Bill of Rights. These young scholars from sumers. Corwin has been extremely active in a num- Sparkman High School. have worked diligently The President is also addressing the root ber of good causes and organizations locally, to reach the national finals by participating in cause of the import problems, by negotiating statewide, and nationally. He is President of local and statewide competitions. Through with our trading partners to eliminate global the U.S. Trotting Association, where he has their experience, they have gained a deep excess capacity and foreign government sub- been a member for 16 years. For 34 years, he knowledge and understanding of the funda- sidies. As a result, the world’s steel producing has been an original member of the American mental principles and values of our constitu- nations are for the first time talking meaning- Horse Council. Corwin also serves on a num- tion. I want to congratulate these students on fully about reducing unneeded capacity and ber of boards, including the Grandview Hos- this outstanding achievement. eliminating subsidies. pital, Bethesda Hospital, and Big Brothers and I thank the President for upholding our trade The ‘‘We the People’’ program, administered Sisters. Among other activities, Corwin has laws, despite intense opposition from abroad. by the Center for Civic Education, provides managed the well-known Lebanon Raceway His decision was the correct one. Thank you, students with a working knowledge of our for 50 years. Constitution, Bill of Rights, and the principles Mr. President, stay the course. Your plan is Family has always been important to of democratic government. The national com- benefiting my district and the nation’s steel in- Corwin. He and his wife, Eleanor, were mar- petition is modeled after hearings in the United dustry. ried for 45 years before she passed away. States Congress, giving students the oppor- f They have two children, Keith and Karen tunity to demonstrate their knowledge while PERSONAL EXPLANATION (twins), and three grandchildren, Melissa they evaluate different positions on relevant (Missy), Tina, and Keith Jr. They also have historical and contemporary issues. Students HON. XAVIER BECERRA four great grandchildren, Corwin Keith III, El- will give testimonies followed by a period of OF CALIFORNIA eanor, Preston, and Austin. Mr. Speaker, Corwin Nixon is a remarkable questioning by the judges to explore their IN THE HOUSE OF REPRESENTATIVES depth of understanding and ability to apply person who has touched so many lives and their constitutional knowledge. Wednesday, March 5, 2003 has given so much to our community, our It is inspiring to see these young people ad- Mr. BECERRA. Mr. Speaker, on Tuesday, state, and our nation over many years. I hope vocate the fundamental ideals and principles March 4, 2003, I was unable to cast my floor my colleagues will join me in recognizing his

VerDate Jan 31 2003 04:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.036 E06PT1 E384 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2003 many accomplishments as he celebrates his placements. While voluntary care is personally In Thailand, we met with organizations 90th birthday on March 9, 2003. rewarding, it can result in substantial emo- working with refugees along the Thai-Burma f tional, physical, and financial strain on the border and with the Internally Displaced Peo- caregiver. Surveys of family caregivers con- ple (IDPS) inside the jungles of Burma. The PRESIDENT’S LEADERSHIP ON sistently show an unmet need for respite care situation in Burma is dire, and I would not STEEL services. Respite care services relieve care- hesitate to call it, according to international givers from daily caregiving tasks on a tem- legal definitions, genocide. In Article 2 of the HON. ROBERT B. ADERHOLT porary or longer-term basis. This is often nec- 1948 Convention on the Prevention and Pun- OF ALABAMA essary for caregivers to address their own ishment of the Crime of Genocide, genocide is IN THE HOUSE OF REPRESENTATIVES health issues or other crises a family may en- defined as ‘‘any of the following acts com- counter—for example, in the areas of employ- Wednesday, March 5, 2003 mitted with intent to destroy, in whole or in ment, housing or domestic violence. In too part, a national, ethnical, racial or religious Mr. ADERHOLT. Mr. Speaker, on March 5 many situations, caregivers do not know how group, as such: (a) Killing members of the a year ago, President Bush boldly gave tem- to find information about available respite care group; (b) Causing serious bodily or mental porary trade relief to our domestic steel indus- and access these services. In other cases, harm to members of the group; (c) Delib- try. I believe his plan is succeeding. respite care is still unavailable to those who erately inflicting on the group conditions of life It is my understanding that since 1973, Ala- need it. Meanwhile, existing respite programs calculated to bring about its physical destruc- bama’s steel industry had steadily lost 16,000 are finding it difficult to recruit and retain employees, or about half the labor force. We trained providers. tion in whole or in part; (d) Imposing measures needed a bold plan. In response to this need, I have worked to- intended to prevent births within the group; (e) I am proud to have supported the President gether with the National Respite Coalition to Forcibly transferring children of the group to and his initiative to stop the illegal dumping of craft legislation that eases the burden of re- another group.’’ Reports make clear that the foreign steel in the United States. His pro- sponsibility on the family caregivers who give ironically-named State Peace and Develop- posed Section 201 trade relief over three so much. In many cases, this would allow ment Council (SPDC) of Burma, the ruling years was also intended to leverage negotia- them to continue to provide care for their military junta, has engaged in a deliberate pol- tions to address the root cause of the world’s loved ones. Many lifespan respite programs icy to eliminate the ethnic minorities. A surplus capacity, what the President called a are already in place at the state and local lev- scorched earth policy, destroying entire vil- ‘‘50-year legacy of foreign government inter- els, providing invaluable services to the fami- lages along with food storage and production vention in the market and direct financial sup- lies of people with chronic disease or dis- sources, systematic rape, the use of humans, port of their steel industries.’’ ability. We are proposing to build upon these including women and children, as landmine Well, a year later, some of our steel compa- tremendously successful existing programs. sweepers, forced labor, also known as slav- nies, including those in Alabama, are actually The Lifespan Respite Care Act would author- ery, the refusal to allow the duly elected lead- rehiring workers as domestic steel prices have ize funds for development and coordination of er of the country to take office, and many firmed up, although they are still below the state and local respite systems, training and other abuses have turned the country of level two years ago. Also, to the best of my recruitment of respite care workers, and cre- Burma into one large concentration camp. understanding, the critics’ predictions of hefty ation of a National Resource Center on Life- Sadly, the international community has turned price increases in consumer goods proved span Respite Care. By passing this legislation, a deaf ear to the cries of the ethnic minorities, mistaken. And I am pleased that international we could take a proactive step toward pro- the refugees, the IDPS, the democracy activ- negotiations are underway, thanks to the le- viding quality at-home care for millions of ists. Why is it that the international community verage of the Section 201 tariffs. Americans with special needs, preventing fought with weapons to stop the genocide in The results of the President’s leadership on caregiver burnout, and safeguarding against former Yugoslavia in Europe but is ignoring steel look good so far. I urge him to finish his the unsafe or inappropriate care that can re- the one occurring in Southeast Asia? There program on schedule. sult from the unmet need for respite care. are a large number of organizations that care- I thank you for the opportunity to bring this f fully track the violations in Burma so there is legislation to your attention and ask for the no shortage of evidence of the human rights IN SUPPORT OF THE LIFESPAN support of my colleagues to move this bill for- abuses the SPDC commits. The Karen Human RESPITE CARE ACT OF 2003 ward. Rights Group, the Shan Human Rights Foun- f dation, the Shan Women’s Action Network, the HON. JAMES R. LANGEVIN THAILAND, BURMA, LAOS AND Committee for Internally Displaced Karen Peo- OF RHODE ISLAND VIETNAM TRIP REPORT ple, the Assistance Association for Political IN THE HOUSE OF REPRESENTATIVES Prisoners, Christians Concerned for Burma, Wednesday, March 5, 2003 HON. JOSEPH R. PITTS Partners Relief and Development, and many other Burma groups produce reports of current Mr. LANGEVIN. Mr. Speaker, I rise in sup- OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES and past atrocities committed by the SPDC. port of the Lifespan Respite Care Act, which We were given copies of over one dozen re- Wednesday, March 5, 2003 I am reintroducing today with the support of a ports which provide detailed documentation of group of 51 original cosponsors from both par- Mr. PITTS. Mr. Speaker, I recently returned these brutal policies. I urge my colleagues to ties. from a trip to Thailand, the Thai-Burma border, read these reports to gain further under- Each year, over 26 million Americans care Laos and Vietnam with U.S.-based NGO Jubi- standing of the situation in Burma. for an adult family member who is chronically lee Campaign, and with Lord David Alton of ill or disabled. An estimated 18 million children the British House of Lords. We met with gov- My delegation visited refugee camps north have chronic physical, developmental, behav- ernment officials, NGOs, and refugees, in of Mae Sot, Thailand and spoke with Karen ioral or emotional conditions that place signifi- Thailand, Laos and Vietnam to establish rela- refugees, Christians, Buddhists, and Muslims cant demands on their parental caregivers. tionships and raise human rights concerns, who all had fled the attacks of the SPDC on Nearly four million Americans of all ages who particularly trafficking and religious freedom their communities. We saw landmine victims, have mental retardation or another develop- issues. orphans and school children, who all had suf- mental disability live with their families. Pro- I would like to begin with commending the fered from the actions of the SPDC. The Thai viding voluntary care for these people is equiv- people of Thailand for their well-deserved rep- government has been gracious in caring for alent to nearly $200 billion annually, which is utation for hospitality. I flew to Thailand on these refugees, often with little help from the the estimated cost if the family caregivers’ Thai Airways and had a wonderful experience. international community, yet there are many services were provided by paid caregivers. During our visit throughout Thailand, we were IDPs hiding in the jungles of Burma who need More importantly, this voluntary care allows met with warm hospitality. It is this tradition a safe place to go. I respectfully request that seniors and others to continue living at home, and culture of hospitality that has made Thai- the Thai government allow the IDPs to enter which improves their spirits and often speeds land a safe haven for the refugees fleeing the camps and be registered as refugees. In up recovery time. death and destruction in Burma. I urge the addition, I respectfully request that the Thai Family caregiving has some clear benefits— current Thai Administration not to pursue poli- government allow the UNHCR to establish a it contributes to family stability and it often cies that would damage that reputation of permanent presence within the camps to help spares families from more costly, out-of-home wonderful hospitality. administer the needs of the refugees.

VerDate Jan 31 2003 04:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.040 E06PT1 March 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E385 Mr. Speaker, our visit with the refugee or- Ministry and Members of the Thai Parliament services were held during the Vietnam War phans was both heart-wrenching and a de- were helpful and I look forward to working with and where Vietnamese citizens previously light. It was a delight to see these young chil- these officials to resolve some of the issues were imprisoned by the French military. The dren and to hear the songs they sang to us, we discussed, particularly the current con- glass shards on the walls, the placards of per- but it was heart-wrenching to hear the amount cerns about forced repatriation of democracy sonal stories, the stocks where prisoners were of tragedy in these young lives. One group of and humanitarian groups working on Burma unable to move, the isolation cells and the tor- four children, the oldest was 12, had lost their issues and the certain death they would face ture devices were sobering reminders of the father; their mother could not take care of if deported back to Burma. suffering of many people in Vietnam. them so she brought them to the orphanage. Our delegation then traveled to Laos to Mr. Speaker, I had an excellent visit to An eight-year-old boy, who could not smile, meet with government officials and some Southeast Asia and I hope to return soon. I had lost both parents, was then trafficked church leaders regarding various human rights would like to commend the US Embassy offi- across the border to Thailand, somehow es- concerns and other issues. Laos is one of the cials in Thailand, Laos and Vietnam for their caped from his ‘‘owners,’’ and reached the poorest countries in the world and one of only extraordinary work and assistance on this visit; safety of the refugee camps. It is heart- four nations in the world (Laos, Cuba, North it would not have been as successful without breaking to know that many of the young chil- Korea and Serbia-Montenegro) that do not them. dren, including the orphans, in the refugee have Normal Trade Relations (NTR) status I urge my colleagues to join me in pressing camps had watched family or community with the U.S. Religious freedom issues have for freedom for the people of Burma, con- members being killed by the SPDC, wounded been a major concern in Laos, but reports tinuing to strengthen our relationship with our or killed by landmine explosions, raped, or from various organizations and officials sug- close friends in Thailand, and furthering the even burned alive. gest that the problem is slowly being ad- relationship between our nation and the peo- The drug problem in Southeast Asia can dressed and there has been progress. We met ples of Laos and Vietnam. largely be traced back to the SPDC regime in with officials from the Foreign Ministry, the Na- f Burma. The military runs, controls and earns tional Assembly, the Lao Front for National RECOGNIZING BILLY D. COLE the profits off the drug trade of a reported 1 Construction and, the Women’s Union, and billion plus methamphetamine pills per year. NGO representatives. The openness and These drugs have had a huge impact on the frankness of our discussions with officials in HON. SAM GRAVES young people of the region, so it is vital that Laos was greatly encouraging as was their de- OF MISSOURI we work even more closely with the Thai gov- sire to improve the development of their coun- IN THE HOUSE OF REPRESENTATIVES ernment in fighting against the drug trade con- try. There is much poverty in Laos and after Wednesday, March 5, 2003 trolled by the Burmese military. There are re- discussions with Laotian officials, U.S. govern- ports of the SPDC forcing its soldiers to take Mr. GRAVES. Mr. Speaker, I proudly pause ment officials, and some NGOS, it was clear drugs before attacking ethnic groups—cap- to recognize Billy D. Cole on this, his 50th that it is important that the United States ex- tured SPDC military personnel sometimes year in local banking. tend Normal Trade Relations (NTR) status to Mr. Cole began his banking career on his have difficulty remembering what took place Laos. Countries, such as Saudi Arabia, with 18th birthday, March 2, 1953. He found his during an attack. Mr. Speaker, it is vital that those responsible horrendous human rights records do have first job at the former Empire Trust Company for the genocide of the ethnic groups in Burma NTR; though there is more progress needed, where he worked for Fairleigh Enright as a be held to account. The reports of atrocities the government of Laos allows people of faith teller-trainee. Since then, he has served as an are reminiscent of the Nazis, their blatant dis- to worship, is working to help end trafficking in officer or director of over 40 banks and ten regard for human life and their policies of ex- persons, has cooperated on missing persons bank holding companies throughout Missouri termination. The ethnic cleansing of Burma is issues, and desires to work for the develop- and Kansas. Today, Mr. Cole serves as the an international tragedy and I call on the inter- ment of opportunities for women and the poor. vice-chairman of the board of Nodaway Valley national community to send monitors to I urge my colleagues to join me in supporting Bank in Missouri. Mr. Cole truly has worked hard during his Burma, to pursue prosecution of those respon- the extension of NTR to Laos. years of service and ultimately has become sible for these crimes against humanity, to The delegation traveled on to Vietnam to one of the regions well-known and most re- press for the immediate end to deportation of meet with government officials and represent- spected bankers. democracy groups back to certain death in atives of a Buddhist organization and a Chris- tian organization. In all meetings, the same Mr. Speaker, today I proudly ask you to join Burma, to press strongly for the recognition of me in commending Billy D. Cole for his ac- the democratically elected government of issues were raised, and it was clear that the Central Party had a strong hold over the coun- complishments and dedication on the anniver- Burma, and to send international peace- sary of his 50th year in banking. keepers to Burma. I call on the United States try. We had a very helpful meeting with the government to assist the refugees in Thailand, Ministry of Foreign Affairs and we look forward f to increase pressure on the military regime in to interacting with them on a number of ON THE RETIREMENT OF DISTRICT Burma and those nations that assist the junta, issues. In addition we met with the Govern- ATTORNEY PHILLIP ROLLINS and to further assist the democracy and hu- ment Board for Religious Affairs and the Min- manitarian organizations focusing on assist- istry of Labor, Invalids and Social Affairs and plan to raise cases of religious persecution HON. WILLIAM D. DELAHUNT ance to the people of Burma. One practical OF MASSACHUSETTS and trafficking with them. Prior to our visit, the way we can assist the refugees is by offering IN THE HOUSE OF REPRESENTATIVES scholarship opportunities for the refugee stu- Central Party had its Seventh Annual Plenum Wednesday, March 5, 2003 dents to study abroad—the refugees currently meeting, of which a major discussion point have no legal means to continue their edu- was religion. Unfortunately, a key directive Mr. DELAHUNT. Mr. Speaker, I rise today cation past middle or high school. from that meeting, referred to in a news report on the floor of the U.S. House of Representa- While in Thailand, we also met with organi- from the South China Morning Post, calls for tives to pay tribute to Phillip A. Rollins, who zations assisting women and children, often religious people to be patriotic by ‘‘ ‘volun- stepped down from office this year after serv- ethnic minorities from Burma, Thailand, Laos teering’ in the struggle to ‘foil all attempts of ing for 32 years as a District Attorney in Mas- and Vietnam, who are victims of trafficking. hostile forces who abuse religious and ethnic sachusetts. Many of these victims end up as such due to minority issues to sabotage national unity and Since Phil is too modest to draw attention to lack of educational and economic opportuni- act against [the] political regime.’ ’’ This most his own accomplishments, I want to take this ties or lack of citizenship rights in their coun- likely means further attempts at control of reli- moment to share with you some highlights of tries. Organizations, such as the New Life gious groups in Vietnam. Recent reports by a his distinguished career in public service. Phil Center, provide counseling, health and med- number of reliable organizations reveal in- started in Cape Cod politics in the 1960s, ical advice and treatment, education and job creasing harassment, persecution and impris- serving in local government as a Selectman in skills opportunities—many of those at risk for onment of religious believers. We hope that the Town of Mashpee. He then ran and won being trafficked, after the assistance provided the relationships we formed with Vietnamese a contested race against a longtime District by NGOS, return to their communities to help officials during our visit will help resolve some Attorney, representing the Southern District of educate women and children about trafficking, of the current religious cases. Massachusetts. From the start, Phil realized health, and other issues. In addition, during our visit to Hanoi we had that the issues and problems facing the com- Our meetings with Thai officials in Bangkok the privilege of visiting the Hanoi Hilton, the munities on Cape Cod and the Islands of Nan- with the National Security Council, the Foreign notorious prison where members of our armed tucket and Martha’s Vineyard were so unique

VerDate Jan 31 2003 04:33 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.044 E06PT1 E386 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2003 as to require special focus. The solution was As many of my colleagues are aware, from iffs. This action will allow the domestic steel both innovative and practical. The Cape and 1997 to 2002, 35 domestic steel companies industry to stabilize and help communities like Islands region needed its own District Attor- were forced into bankruptcy through illegal Sterling to adjust to the new market without ney, and Phil Rollins had the skill to fulfill that dumping practices. One of these companies massive layoffs. We must continue to support vision. was Northwestern Steel & Wire Company, domestic industry in order to properly turn our Over the years that followed, Phil Rollins which was in Sterling, Illinois, in my district. economy around. racked up some impressive professional ac- Northwestern Steel and Wire was forced to complishments. He was among the first in the close its doors and 1,400 employees lost their f Commonwealth to hire female prosecutors, he jobs. The Department of Labor determined created a regional crime hotline and devel- that Northwestern Steel employees were eligi- SUPPORT FOR THE VIOLENCE oped regional crime prevention strategies, and ble for Trade Adjustment Assistance because AGAINST WOMEN ACT earned an outstanding reputation for innova- ‘‘various customers increased their reliance on tion in child abuse and domestic violence. Re- imported steel and wire rod.’’ This reliance spected and admired by his colleagues, he came from a system of foreign steel being HON. RUSH D. HOLT was twice selected to be the President of the dumped into the U.S., thereby preventing OF NEW JERSEY Massachusetts District Attorneys Association. American steel companies from fairly com- IN THE HOUSE OF REPRESENTATIVES As he leaves office, he can look back with peting. enormous pride on all that he has done to pro- In March 2002, the President imposed 3 Wednesday, March 5, 2003 fessionalize the work of prosecutors, and to years of declining tariffs on various steel prod- Mr. HOLT. Mr. Speaker, I rise today in sup- improve the quality of life on Cape Cod and ucts and raw materials. This has allowed the port of full funding of the Violence Against the Islands. Most of his crime initiatives are domestic steel industry to deal with changes in Women Act. This law fostered countless initia- still in place, and he leaves a highly trained of- the market in a way that does not simply tives that have brought millions of dollars to fice with over 20 lawyers, and a budget of bankrupt all producers or displace thousands over $2.5 million. Those who have left his of- of workers. By preventing illegal dumping, the shelters, increased resources for law enforce- fice are considered to be among the best and Section 201 relief has allowed a new company ment, expanded the National Domestic Vio- brightest lawyers in the state. to move into Sterling, Illinois. Sterling Steel is lence Hotline, and bolstered the prosecution of So, I rise today as a former District Attorney currently working with the community to use child abuse, sexual assault, and domestic vio- myself, and as the Congressman of a very the Northwestern Steel facilities, and bring lence cases. grateful Cape and Islands constituency to join steel jobs back to the area. They have created These programs and services are invalu- with my colleagues in the US House of Rep- 200 steel related jobs in an area that had lost able. U.S. Department of Justice statistics indi- resentatives to recognize the important work all steel industry. The ability to open more effi- cate that domestic violence has decreased by of a fine public servant and longtime and very cient steel factories and creating jobs in a 49 percent since VAWA went into effect. They dear friend. Thank you, Phil. more stable steel market can only occur with also reaffirm that full funding for VAWA is well a level playing field. Steel tariffs provide that. f worth the investment. It is estimated that the The U.S. steel industry provides not only $1.6 billion spent on VAWA programs during STEEL TARIFFS jobs for communities like Sterling, Illinois, but the first six years after its enactment saved it also helps secure our national defense. government coffers $14.8 billion in medical, HON. LANE EVANS Many vital products that protect and defend legal, workplace and other social costs, not to OF ILLINOIS our nation’s troops are made of steel. Not, just mention saving many lives. IN THE HOUSE OF REPRESENTATIVES any steel, American steel. Without the oppor- tunity and protection of the 201 relief, we Unfortunately, state budget crises and de- Wednesday, March 5, 2003 could not guarantee the men and women of creases in federal funding are threatening Mr. EVANS. Mr. Speaker, I am here today our armed services the protections of new these vital programs and services. President to mark the one-year anniversary of the Sec- ships and tanks. The domestic steel industry Bush’s budget request for FY 2004 would cut tion 201 temporary tariff relief for the domestic is necessary for our nation’s vital infrastruc- funding for VAWA programs and services by steel industry. This is an issue that, unfortu- ture, making up parts of our roads, power $141.6 million in FY 2004 from the previously nately, I have worked on of for too many plants, and pipelines. By reducing competition authorized level of $692.5 million. years. However, the current section 201 rem- by allowing dumping to close down domestic Our Nation must renew our commitment to edies are working, and I urge the President to steel producers, we make our nation and our ending all forms of domestic violence. I urge continue to support our domestic steel industry economy more vulnerable. my colleagues to appropriate fall funding to by continuing the relief program over the origi- I want to encourage the President to con- fulfill the mission of the Violence Against nal three year plan. tinue with his plan for three-year declining tar- Women Act.

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HIGHLIGHTS Senate agreed to the Resolution of Ratification to the Moscow Treaty (Treaty Doc. 107–8). Senate May 24, 2002 (Treaty Doc. 107–8), after taking ac- Chamber Action tion on the following amendments proposed thereto: Routine Proceedings, pages S3207–S3339 Pages S3218–44 Measures Introduced: Twenty-nine bills and one Rejected: resolution were introduced, as follows: S. 545–573 By 44 yeas to 50 nays (Vote No. 41), Levin Modi- and S. Res. 78. Pages S3252–53 fied Amendment No. 252, to provide an additional condition requiring notice and consultations prior to Measures Reported: withdrawal from, or extension of, the Treaty. S. 253, to amend title 18, United States Code, to Pages S3221–29 exempt qualified current and former law enforcement By 45 yeas to 50 nays (Vote No. 42), Kerry officers from State laws prohibiting the carrying of Amendment No. 255, to provide an additional con- Page S3252 concealed handguns. dition. Pages S3233–37 Measures Passed: Withdrawn: Condemning the Selection of Libya: Senate Feinstein Amendment No. 251, to provide an ad- agreed to S. Con. Res. 13, condemning the selection ditional declaration. Page S3219 of Libya to chair the United Nations Commission on Feingold Amendment No. 253 (to Amendment Human Rights, after agreeing to the following No. 252), to modify the condition. Page S3224 amendment proposed thereto: Pages S3338–39 Akaka Amendment No. 254, to specify informa- Frist (for Lautenberg) Amendment No. 257, of a tion to be included in the annual report on the role technical nature. Pages S3338–39 of Cooperative Threat Reduction and nonprolifera- tion assistance under condition 1 in section 2. Nomination Considered: Senate continued consid- Page S3230 eration of the nomination of Miguel A. Estrada, of Levin Amendment No. 256, to provide an addi- Virginia, to be United States Circuit Judge for the tional element in the annual implementation report. District of Columbia Circuit. Pages S3211–18 Page S3237 During consideration of this nomination today, Senate took the following action: Nomination—Agreement: A unanimous-consent agreement was reached providing for the consider- By 55 yeas to 44 nays (Vote No. 40), three-fifths ation of the nomination of Gregory L. Frost, to be of those Senators duly chosen and sworn, not having United States District Judge for the Southern Dis- voted in the affirmative, Senate failed to agree to the trict of Ohio, at 6 p.m. on Monday, March 10, motion to close further debate on the nomination. 2003, with a vote to occur thereon. Page S3244 Page S3217 Partial Birth Abortion Ban—Agreement: A unan- Treaty Approved: By a unanimous vote of 95 yeas imous-consent agreement was reached providing for (Vote No. 43), two-thirds of those Senators present, the consideration of S. 3, to prohibit the procedure a quorum being present, having voted in the affirm- commonly known as partial-birth abortion, at 5 p.m. ative, the Resolution of Ratification was agreed to on Monday, March 10, 2003. Page S3337 with respect to the Treaty Between the United States of America and the Russian Federation on Messages From the President: Senate received the Strategic Offensive Reductions, Signed at Moscow on following message from the President of the United States: D195

VerDate Jan 31 2003 05:50 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MR3.REC D06MR3 D196 CONGRESSIONAL RECORD — DAILY DIGEST March 6, 2003 Transmitting, pursuant to law, notice that the President has exercised his authority to issue an ex- Committee Meetings ecutive order to declare a national emergency with (Committees not listed did not meet) respect to Zimbabwe; to the Committee on Banking, Housing, and Urban Affairs. (PM–21). APPROPRIATIONS: OPERATIONS Pages S3249–50 INTELLIGENCE Nominations Confirmed: Senate confirmed the fol- Committee on Appropriations: Subcommittee on Defense lowing nominations: concluded closed hearings to examine proposed Timothy C. Stanceu, of Virginia, to be a Judge of budget estimates for fiscal year 2004 for operations the United States Court of International Trade. intelligence, after receiving testimony from General Richard B. Myers, USAF, Chairman, Joint Chiefs of Edward F. Reilly, of Kansas, to be a Commis- Staff. sioner of the United States Parole Commission for a term of six years. (Reappointment) APPROPRIATIONS: HUD Cranston J. Mitchell, of Missouri, to be a Com- Committee on Appropriations: Subcommittee on missioner of the United States Parole Commission VA–HUD and Independent Agencies concluded for a term of six years. hearings to examine the proposed budget estimates Jeremy H.G. Ibrahim, of Pennsylvania, to be a for fiscal year 2004 for the Department of Housing Member of the Foreign Claims Settlement Commis- and Urban Development, after receiving testimony sion of the United States for the term expiring Sep- from Mel Martinez, Secretary of Housing and Urban tember 30, 2005. Development. Janet Hale, of Virginia, to be Under Secretary for APPROPRIATIONS: DEPARTMENT OF Management, Department of Homeland Security. STATE (New Position) Committee on Appropriations: Subcommittee on Com- Peter Joseph Elliott, of Ohio, to be United States merce, Justice, and State, the Judiciary, and Related Marshal for the Northern District of Ohio for the Agencies concluded hearings to examine the pro- term of four years. Page S3337 posed budget estimates for fiscal year 2004 for the Messages From the House: Page S3250 Department of State, after receiving testimony from Colin L. Powell, Secretary of State. Measures Referred: Page S3250 DEFENSE AUTHORIZATION Executive Communications: Pages S3250–51 Committee on Armed Services: Committee concluded Petitions and Memorials: Pages S3251–52 hearings on proposed legislation authorizing funds Executive Reports of Committees: Page S3252 for fiscal year 2004 for the Department of Defense, and the Future Years Defense Program, after receiv- Additional Cosponsors: Pages S3253–54 ing testimony from Thomas E. White, Secretary of Statements on Introduced Bills/Resolutions: the Army, Hansford T. Johnson, Acting Secretary of Pages S3254–S3334 the Navy, and James G. Roche, Secretary of the Air Additional Statements: Pages S3247–49 Force, all of the Department of Defense. Amendments Submitted: Pages S3335–36 DEFENSE AUTHORIZATION Authority for Committees to Meet: Pages S3335–36 Committee on Armed Services: Subcommittee on Readi- ness and Management Support concluded hearings Privilege of the Floor: Pages S3336–37 on proposed legislation authorizing funds for fiscal Record Votes: Four record votes were taken today. year 2004 for the Department of Defense, focusing (Total—43) on military construction and environmental pro- Adjournment: Senate met at 9:30 a.m., and ad- grams, after receiving testimony from Hansford T. journed at 6:57 p.m., until 9:30 a.m., on Friday, Johnson, Assistant Secretary of the Navy for Installa- March 7, 2003. (For Senate’s program, see the re- tions and Environemnt, Raymond F. DuBois, Jr., marks of the Majority Leader in today’s Record on Deputy Under Secretary for Installations and Envi- page S3339.) ronment, Mario P. Fiori, Assistant Secretary of the Army for Installations and Environment, and Nelson

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F. Gibbs, Assistant Secretary of the Air Force for In- State of Illinois, after receiving testimony from Sen- stallations, Environment, and Logistics, all of the ator Brownback; and William M. Alley, Chief, Of- Department of Defense. fice of Ground Water, U.S. Geological Survey, De- SPECTRUM POLICY partment of the Interior. Committee on Commerce, Science, and Transportation: NORTH KOREA Committee concluded hearings to examine the future Committee on Foreign Relations: Committee concluded of spectrum policy, focusing on recommendations of hearings to examine an agreed framework for dia- the Federal Communications Commission’s Spectrum logue with North Korea, focusing on negotiations Policy Task Force including, the establishment of a regarding their nuclear weapons program, and South spectrum relocation trust fund, ways in which to Korea, after receiving testimony from Ashton B. evolve the current ‘‘command and control’’ approach Carter, Harvard University Preventive Defense to spectrum policy into a more integrated, market- Project, Cambridge, Massachusetts; and Arnold oriented approach that provides greater regulatory Kanter, Scowcroft Group, and Robert J. Einhorn, certainty, while minimizing regulatory intervention, Center for Strategic and International Studies Inter- and the implementation of interference protection, national Security Program, former Assistant Secretary spectral efficiency, effective public safety commu- of State for Non-proliferation, both of Washington, nications, and international spectrum policy, after re- D.C. ceiving testimony from Steven K. Berry, Cellular Telecommunications and Internet Association, and NASA Michael Calabrese, New America Foundation, on be- Committee on Governmental Affairs: Subcommittee on half of the Consumer Federation of America, Con- Oversight of Government Management, the Federal sumers Union, and the National Alliance for Media Workforce and the District of Columbia concluded Arts and Culture, both of Washington, D.C.; Greg- hearings to examine the status of the National Aero- ory L. Rosston, Stanford Institute for Economic Pol- nautics and Space Administration’s workforce and icy Research, Stanford, California; Kevin Kahn, Intel consider proposed personnel flexibilities to assist the Corporation, Hillsboro, Oregon; and Paul J. agency in achieving its mission, especially managing Kolodzy, Stevens Institute of Technology, Hoboken, Human Capital effectively and efficiently, after re- New Jersey. ceiving testimony from Representative Sherwood L. TRANSPORTATION ENERGY USE Boehlert; and Sean O’Keefe, Administrator, National Aeronautics and Space Administration. Committee on Energy and Natural Resources: Committee concluded hearings to examine energy use in the WORKFORCE INVESTMENT ACT transportation sector, focusing on oil dependency, REAUTHORIZATION technology challenges, vehicle safety issues, the Cor- Committee on Health, Education, Labor, and Pensions: porate Average Fuel Economy (CAFE´ ) program, and Subcommittee on Employment, Safety and Training alternative fuels, after receiving testimony from concluded hearings to examine the Administration’s David K. Garman, Assistant Secretary of Energy for approach to reauthorize the Workforce Investment Energy Efficiency and Renewable Energy; Emil H. Act (WIA), focusing on strengthening the delivery Frankel, Assistant Secretary of Transportation for of employment and training services nationwide, Transportation Policy; Gregory Dana, Alliance of after receiving testimony D. Cameron Findlay, Dep- Automobile Manufacturers, Washington, D.C.; Rich- uty Secretary of Labor. ard Cromwell III, SunLine Transit Agency, Thou- BUSINESS MEETING sand Palms, California; and David Friedman, Union of Concerned Scientists, San Francisco, California. Committee on the Judiciary: Committee ordered favor- ably reported the following business items: HIGH PLAINS AQUIFER/ILLINOIS S. 253, to amend title 18, United States Code, to HYDROELECTRIC PROJECT exempt qualified current and former law enforcement Committee on Energy and Natural Resources: Sub- officers from State laws prohibiting the carrying of committee on Water and Power concluded hearings concealed handguns; to examine S. 212, to authorize the Secretary of the S. 113, to exclude United States persons from the Interior to cooperate with the High Plains States in definition of ‘‘foreign power’’ under the Foreign In- conducting a hydrogeologic characterization, map- telligence Surveillance Act of 1978 relating to inter- ping, modeling and monitoring program for the national terrorism, with an amendment in the nature High Plains Aquifer, and S. 220 and H.R. 397, bills of a substitute; and to reinstate and extend the deadline for commence- The nominations of Timothy M. Tymkovich, of ment of construction of a hydroelectric project in the Colorado, to be United States Circuit Judge for the

VerDate Jan 31 2003 05:50 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MR3.REC D06MR3 D198 CONGRESSIONAL RECORD — DAILY DIGEST March 6, 2003 Tenth Circuit, J. Daniel Breen, to be United States United States Marshal for the Eastern District of District Judge for the Western District of Tennessee, New York, both of the Department of Justice Thomas A. Varlan, to be United States District Judge for the Eastern District of Tennessee, William INTELLIGENCE H. Steele, to be United States District Judge for the Select Committee on Intelligence: Committee held closed Southern District of Alabama, and Humberto S. hearings on intelligence matters, receiving testimony Garcia, to be United States Attorney for the District from officials of the intelligence community. of Puerto Rico, and Eugene James Corcoran, to be Committee recessed subject to call. h House of Representatives Meeting Hour—Monday, March 10 and Tuesday, Chamber Action March 11: Agreed that when the House adjourns Measures Introduced: 59 public bills, H.R. today, it adjourn to meet at noon on Monday, March 1109–1167; and 10 resolutions, H. Con. Res. 10. Agreed that when the House adjourns on Mon- 79–84, and H. Res. 130–133 were introduced. day, it adjourn to meet at 12:30 p.m. on Tuesday, Pages H1678–81 March 11, for morning hour debate. Page H1656 Additional Cosponsors: Pages H1681–82 Calendar Wednesday: Agreed to dispense with the Reports Filed: Reports were filed today as follows: Calendar Wednesday business of Wednesday, March H.R. 14, to amend the Child Abuse Prevention 12. Page H1656 and Treatment Act to make improvements to and Committee Election: The House agreed to H. Res. reauthorize programs under that Act, amended (H. 130, electing Representatives Jones of Ohio, Green Rept. 108–26); of Texas, Roybal-Allard, and Doyle to the Com- H.R. 659, to amend section 242 of the National mittee on Standards of Official Conduct. Page H1667 Housing Act regarding the requirements for mort- Motion to Adjourn: Rejected the Cooper motion to gage insurance under such Act for hospitals (H. adjourn by recorded vote of 63 ayes to 358 noes Rept. 108–27); and with 1 voting ‘‘present,’’ Roll No. 48. H.R. 663, to amend title IX of the Public Health Pages H1652–53 Service Act to provide for the improvement of pa- tient safety and to reduce the incidence of events Presidential Message—National Emergency re that adversely affect patient safety, amended (H. Zimbabwe: Message wherein he announced that he Rept. 108–28). Page 1678 exercised his statutory authority to declare a national emergency with respect to the unusual and extraor- Speaker Pro Tempore: Read a letter from the dinary threat to the foreign policy interests of the Speaker wherein he appointed Representative Hefley United States posed by the actions and policies of to act as Speaker Pro Tempore for today. Page 1643 certain individuals who have formulated, imple- Journal: The House agreed to the Speaker’s approval mented, or supported policies that have undermined of the Journal of Wednesday, March 5 by a recorded Zimbabwe’s democratic institutions—referred to the vote of 359 ayes to 48 noes with 1 voting ‘‘present,’’ Committee on International Relations and ordered Roll No. 49. Pages H1653–54 printed (H. Doc. 108–45). Page H1676 Museum and Library Services Act: The House Recess: The House recessed at 10:04 a.m. and re- passed H.R. 13, to reauthorize the Museum and Li- convened at 10:15 a.m. Page H1643 brary Services Act by yea-and-nay vote of 416 yeas Recess: The House recessed at 10:35 a.m. and re- Pages H1651–52 to 2 nays, Roll No. 47. convened at 11:05 a.m. Page H1649 The bill was considered pursuant to the unani- mous consent order of Tuesday, March 4. Recess: The House recessed at 12 noon and recon- Page H1654 Pages H1644–51 vened at 1:01 p.m. Legislative Program: The Majority Leader an- Senate Message: Messages received from the Senate nounced the Legislative Program for the week of today appear on page 1643. March 10. Pages H1654–56 Referrals: S. Con. Res. 16 was held at the desk.

VerDate Jan 31 2003 05:50 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MR3.REC D06MR3 March 6, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D199 Quorum Calls—Votes: One yea-and-nay vote and VA, HUD AND INDEPENDENT AGENCIES two recorded votes developed during the proceedings APPROPRIATIONS of the House today and appear on pages H1651–52, Committee on Appropriations: Subcommittee on VA, H1652–53, H1653. There were no quorum calls. HUD and Independent Agencies held a hearing on Adjournment: The House met at 10 a.m. and ad- Corporation for National and Community Service. journed at 4:56 p.m. Leslie Lenkowski, Chief Executive Officer, Corpora- tion for National and Community Service. The Subcommittee also held a hearing on Federal Committee Meetings Citizen Information Center. Testimony was heard from Teresa Nasif, Director, Federal Citizen Informa- AGRICULTURE, RURAL DEVELOPMENT, tion Center. FDA AND RELATED AGENCIES ENERGY DEPARTMENT’S BUDGET APPROPRIATIONS REQUEST Committee on Appropriations: Subcommittee on Agri- Committee on Armed Services: Subcommittee on Stra- culture, Rural Development, Food and Drug Admin- tegic Forces held a hearing on the fiscal year 2004 istration and Related Agencies held a hearing on Department of Energy’s budget request. Testimony FDA. Testimony was heard from Mark McClellan, was heard from the following officials of the Depart- MD, Commissioner, FDA, USDA. ment of Energy: Robert C. Card, Under Secretary, Energy, Science and Government; Everet Beckner, COMMERCE, JUSTICE, STATE AND Deputy Administrator, Ddefense Programs, National JUDICIARY APPROPRIATIONS Nuclear Security Administration; and Jessie H. Committee on Appropriations: Subcommittee on Com- Roberson, Assistant Secretary, Environmental Man- merce, Justice, State and Judiciary held a hearing on agement. Secretary of Commerce. Testimony was heard from Donald Evans, Secretary of Commerce. MEMBER’S DAY The Subcommittee also held a hearing on Attor- Committee on the Budget: Held a hearing on Member’s ney General. Testimony was heard from John Day. Testimony was heard from Representatives Ashcroft, Attorney General, Department of Justice. Young of Alaska, Skelton, Oberstar, Kucinich, Tierney, Latham, Brady of Texas, Holt, Wilson of ENERGY AND WATER DEVELOPMENT New Mexico, Terry, LoBiondo, Pascrell, Kanjorski, APPROPRIATIONS Rehberg, Kirk, Baird, Cooper, Christensen, Osborne, Committee on Appropriations: Subcommittee on Energy Davis of California, Allen, Ehlers, Hayes, Rogers of and Water Development held a hearing on Bureau Alabama, Simmons and Bordallo. of Reclamation. Testimony was heard from the fol- PENSION SECURITY ACT lowing officials of the Department of the Interior: Committee on Education and the Workforce: Ordered re- Gale Norton, Secretary; and John W. Keys, III, ported, as amended, H.R. 1000, Pension Security Commissioner, Bureau of Reclamation. Act . INTERIOR APPROPRIATIONS HEAD START: IMPROVING RESULTS FOR CHILDREN Committee on Appropriations: Subcommittee on Interior held a hearing on U.S. Fish and Wildlife Service. Committee on Education and the Workforce: Sub- Testimony was heard from the following officials of committee on Education Reform held a hearing on the Department of the Interor, U.S. Fish and Wild- ‘‘Head Start: Improving Results for Children.’’ Testi- life Service: Steve Williams, Director; Marshall mony was heard from Wade F. Horn, Assistant Sec- Jones, Deputy Director; and Stephen Guertin, Budg- retary, Administration for Children and Families, et Officer. Department of Health and Human Services; John G. Rowland, Governor, State of Connecticut; and public LABOR, HHS, AND EDUCATION witnesses. APPROPRIATIONS HELP EFFICIENT, ACCESSIBLE LOW-COST, Committee on Appropriations: Subcommittee on Labor, TIMELY HEALTHCARE (HEALTH) ACT Health and Human Services and Education held a Committee on Energy and Commerce: Ordered reported, hearing on Secretary of Education. Testimony was as amended, H.R. 5, Help Efficient, Accessible, heard from Roderick R. Paige, Secretary of Edu- Low-Cost, Timely Healthcare (HEALTH) Act of cation. 2003.

VerDate Jan 31 2003 05:50 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MR3.REC D06MR3 D200 CONGRESSIONAL RECORD — DAILY DIGEST March 6, 2003 ACCOUNTANT, COMPLIANCE, AND COMMITTEE ORGANIZATION ENFORCEMENT STAFFING ACT; BROKER Committee on the Judiciary: Subcommittee on Immi- ACCOUNTABILITY THROUGH ENHANCED gration, Border Security, and Claims met for organi- TRANSPARENCY ACT zational purposes. Committee on Financial Services, Subcommittee on Cap- ital Markets, Insurance, and Government Sponsored MISCELLANEOUS MEASURES Enterprises held a hearing on the following bills: Committee on Resources: Subcommittee on Energy and H.R. 658, Accountant, Compliance, and Enforce- Mineral Resources held a hearing on the following ment Staffing Act of 2003; and H.R. 957, Broker bills: H.R. 793, to amend the Outer Continental Accountability through Enhanced Transparency Act Shelf Lands Act to authorize the Secretary of the In- of 2003. Testimony was heard from James M. McConnell, Executive Director, SEC; and public wit- terior to grant easements and rights-of-way on the nesses. Outer Continental Shelf for activities otherwise au- thorized by that Act; and H.R. 794, Coal Leasing POSTAL CIVIL SERVICE RETIREMENT Amendments Act of 2003. Testimony was heard SYSTEM FUNDING ACT; BRINGING from Representative Delahunt; Johnnie Burton, Di- FEDERAL GOVERNMENT INTO THE 21ST rector, Minerals Management Service, Department of CENTURY the Interior; Tom Reilly, Attorney General, State of Massachusetts; and public witnesses. Committee on Government Reform: Ordered reported, as amended, H.R. 735, Postal Civil Service Retirement MISCELLANEOUS MEASURES System Funding Reform Act of 2003. The Committee also held a hearing entitled Committee on Resources: Subcommittee on Fisheries ‘‘From Reorganization to Recruitment: Bringing the Conservation, Wildlife and Oceans held a hearing on Federal Government into the 21st Century.’’ Testi- the following bills: H.R. 273, Nutria Eradication mony was heard from Paul Volcker, Chairman, Na- and Control Act of 2003; H.R. 274, Blackwater Na- tional Commission on the Public Service. tional Wildlife Refuge Expansion Act; H.R. 289, Ottawa National Wildlife Refuge Complex Expan- MILLENNIUM CHALLENGE ACCOUNT sion and Detroit River International Wildlife Refuge Expansion Act; and H.R. 417, to revoke a Public Committee on International Relations: Held a hearing on Land Order with respect to certain lands erroneously The Millennium Challenge Account. Testimony was included in the Cibola National Wildlife Refuge, heard from the following officials of the Department California. Testimony was heard from Representa- of State: Andrew S. Natsios, Administrator, AID; and Alan P. Larson, Under Secretary, Economic, tives Hunter, Kaptur and Dingell; and Matt Hogan, Business and Agricultural Affairs; John B. Taylor, Deputy Director, U.S. Fish and Wildlife Service, De- Under Secretary, Office of the Under Secretary, partment of the Interior. International Affairs, Department of the Treasury; and public witnesses. FAA AND NASA—REVIEW AERONAUTICS R&D BALANCED BUDGET AMENDMENT Committee on Science: Subcommittee on Space and Aer- Committee on the Judiciary: Subcommittee on the Con- onautics held a hearing on A Review of Aeronautics stitution held a hearing on H.J. Res. 22, proposing R&D at FAA and NASA. Testimony was heard from a balanced budget amendment to the Constitution of Jeremiah Creedon, Associate Administrator, Aero- the United States. Testimony was heard from public space Technology, NASA; Charlie Keegan, Associate witnesses. Administrator, Research and Acquisitions, FAA, De- partment of Transportation; and public witnesses. OVERSIGHT—COPYRIGHT PIRACY PREVENTION AND THE BROADCAST FLAG OVERSIGHT—REAUTHORIZATION FAA Committee on the Judiciary: Subcommittee on Courts, AND AVIATION PROGRAMS: AIRPORTS the Internet, and Intellectual Property held an over- Committee on Transportation and Infrastructure: Sub- sight hearing on ‘‘Copyright Piracy Prevention and committee on Aviation held an oversight hearing on the Broadcast Flag.’’ Testimony was heard from Reauthorization of the Federal Aviation Administra- Marybeth Peters, Register of Copyrights, Library of tion and the Aviation Programs: Airports. Testimony Congress; W. Kenneth Ferree, Bureau Chief, Media was heard from officials of various airport authorities; Bureau, FCC; and public witnesses. and public witnesses.

VerDate Jan 31 2003 05:50 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MR3.REC D06MR3 March 6, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D201 RAIL INFRASTRUCTURE POLICIES AND REAUTHORIZATION—HIGHWAYS, Joint Meetings TRANSIT, AND SURFACE LEGISLATIVE PRESENTATIONS TRANSPORTATION PROGRAMS Joint Hearing: Senate Committee on Veterans’ Affairs Committee on Transportation and Infrastructure: Sub- concluded joint hearings with the House Committee committee on Railroads held a hearing on Rail Infra- on Veterans’ Affairs to examine legislative presen- structure Policies and Reauthorization of Highways, tations of certain veterans organizations, after receiv- Transit and Surface Transportation Programs. Testi- ing testimony from William A. Wroolie, Military mony was heard from Joe Boardman, Commissioner, Order of the Purple Heart, Springfield, Virginia; Jo- Department of Transportation, State of New York; seph L. Fox, Sr., Paralyzed Veterans of America, and public witnesses. Daniel Weiss, Jewish War Veterans, and Joe Burns, Blinded Veterans Association, all of Washington, ADMINISTRATION’S ECONOMIC GROWTH D.C.; and David W. Sommers, Non Commissioned PROPOSALS Officers Association, San Antonio, Texas. Committee on Ways and Means: Continued hearings on f the Administration’s Economic Growth Proposals. COMMITTEE MEETINGS FOR FRIDAY, Testimony was heard from public witnesses. MARCH 7, 2003 Hearings continue March 11. (Committee meetings are open unless otherwise indicated) MEDICARE PAYMENT POLICIES Senate Committee on Ways and Means: Subcommittee on No meetings/hearings scheduled. Health held a hearing on the Medicare Payment Ad- House visory Commission’s (MedPAC) recommendations on No committee meetings are scheduled. Medicare payment policies. Testimony was heard from Glenn M. Hackbarth, Chairman, Medicare Pay- Joint Meetings ment Advisory Commission, (MedPac); and public Joint Economic Committee: to hold hearings to examine witnesses. the employment situation, focusing on U.S. labor mar- kets, unemployment benefits, and the President’s proposal for re-employment accounts, 9:30 a.m., SD–628.

VerDate Jan 31 2003 05:50 Mar 07, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MR3.REC D06MR3 D202 CONGRESSIONAL RECORD — DAILY DIGEST March 6, 2003

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, March 7 12 noon, Monday, March 10

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Monday: Pro forma session. ing business (not to extend beyond 12:30 p.m.).

Extensions of Remarks, as inserted in this issue

HOUSE Ehlers, Vernon J., Mich., E380 Israel, Steve, N.Y., E378 Etheridge, Bob, N.C., E380 Langevin, James R., R.I., E384 Aderholt, Robert B., Ala., E384 Evans, Lane, Ill., E386 McCarthy, Carolyn, N.Y., E381 Baca, Joe, Calif., E377, E379 Farr, Sam, Calif., E378 McCollum, Betty, Minn., E382 Becerra, Xavier, Calif., E383 Frank, Barney, Mass., E382 Meek, Kendrick B., Fla., E382 Bishop, Rob, Utah, E383 Gallegly, Elton, Calif., E379 Moore, Dennis, Kansas, E377, E379 Bradley, Jeb, N.H., E379 Graves, Sam, Mo., E377, E378, E385 Pallone, Frank, Jr., N.J., E377 Cramer, Robert E. (Bud), Jr., Ala., E383 Hastings, Alcee L., Fla., E380 Pitts, Joseph R., Pa., E384 Davis, Jim, Fla., E378 Holt, Rush D., N.J., E386 Portman, Rob, Ohio, E383 Delahunt, William D., Mass., E385 Houghton, Amo, N.Y., E380 Udall, Tom, N.M., E380

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