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

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

Vol. 149 WASHINGTON, WEDNESDAY, APRIL 9, 2003 No. 57 House of Representatives The House met at 10 a.m. and was PLEDGE OF ALLEGIANCE wavering commitment to our precious called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the south Florida young people, as well as pore (Mr. GIBBONS). gentleman from Maine (Mr. MICHAUD) for the patriotic support that the radio f come forward and lead the House in the station Y–100 has given to our Armed Pledge of Allegiance. Forces throughout Iraqi Freedom. DESIGNATION OF THE SPEAKER Mr. MICHAUD led the Pledge of Alle- PRO TEMPORE giance as follows: f The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the fore the House the following commu- United States of America, and to the Repub- VIETNAM NEEDS TO RELEASE nication from the Speaker: lic for which it stands, one nation under God, BUDDHIST MONKS indivisible, with liberty and justice for all. WASHINGTON, DC, (Ms. LORETTA SANCHEZ of Cali- f April 9, 2003. fornia asked and was given permission I hereby appoint the Honorable JIM GIB- ANNOUNCEMENT BY THE SPEAKER to address the House for 1 minute.) BONS to act as Speaker pro tempore on this PRO TEMPORE Ms. LORETTA SANCHEZ of Cali- day. The SPEAKER pro tempore. The fornia. Mr. Speaker, I rise today in J. DENNIS HASTERT, Chair will entertain up to 10 one-min- honor of two of Vietnam’s most promi- Speaker of the House of Representatives. utes per side. nent Buddhist leaders and outspoken f f dissidents, the most Venerable Thich PRAYER HONORING SOUTH FLORIDA’S Y–100 Huyen Quang, patriarch of the banned The Chaplain, the Reverend Daniel P. RADIO STATION AND JOHN KROSS Unified Church of Vietnam, and his Coughlin, offered the following prayer: (Ms. ROS-LEHTINEN asked and was deputy, the Venerable Thich Quang Do, Lord, God, You are the living God, given permission to address the House a 2003 Nobel Peace Prize nominee. Last week, 36 of my colleagues joined the eternal King of Nations. for 1 minute and to revise and extend me in sending an urgent appeal to the Yet, in tumultuous times, confident her remarks.) prayer is parsed with frustration. Con- Ms. ROS-LEHTINEN. Mr. Speaker, Government of Vietnam, calling for the stant trust is punctuated with anger. on this great day, as we celebrate the immediate release of both of these in- The weeks of war chip away resistance freedom of the Iraqi people and con- dividuals, both of whom are facing and lay bare the anguish of the human tinue the international war against complications from advancing age and heart. With the prophet Jeremiah the terrorism, let us also continue our war deteriorating health. cry goes out: ‘‘You are just, O Lord! against domestic drug abuse. And be- Both men have been detained with- Yet I must argue my case against You. cause of their valiant cause against out charge or trial for most of the past Why does the way of the godless pros- substance abuse, I would like to take 25 years for their peaceful advocacy of per?’’ this opportunity to recognize south human rights and religious freedom, Let such defiant questions only prove Florida’s Y–100 radio station and John rights guaranteed by the Vietnamese the deep faith of this Nation, Lord. Kross, known as ‘‘Footy,’’ for this constitution and by the U.N. Covenant Strengthen here the leaders of Your weekend’s upcoming 16th Annual Wing on Human Rights, which Vietnam has people. Be with our troops in battle. Ding. both ratified and has pledged to up- Bring about the resolve of justice This annual charity event benefits hold. that will build peace. Here’s Help, Incorporated, a private, The Venerable Thich Quang Do’s al- For no one is like You, O Lord. Great non-profit, comprehensive youth drug leged crimes included launching an ap- are You, great and mighty is Your and alcohol treatment facility in south peal for democracy in Vietnam and or- Name, now and forever. Florida. This important grass-roots ef- ganizing a humanitarian effort to res- Amen. fort seeks to combat the menace of cue flood victims. I urge the Government of Vietnam to f drug abuse among the most vulnerable members of our society, our young peo- release these two men. THE JOURNAL ple. The SPEAKER pro tempore. The Here’s Help has made an invaluable f Chair has examined the Journal of the contribution to protecting the dignity last day’s proceedings and announces and the innocence of the youth of U.N. SHOULD NOT BE CENTRAL TO to the House his approval thereof. south Florida. PEACE IN IRAQ Pursuant to clause 1, rule I, the Jour- I ask my colleagues to join me in (Mr. PENCE asked and was given per- nal stands approved. thanking Y–100 and Footy for their un- mission to address the House for 1

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 04:38 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.000 H09PT1 H2942 CONGRESSIONAL RECORD — HOUSE April 9, 2003 minute and to revise and extend his re- In spite of their winning streak going cent weeks have shown that Russia marks.) into the March 15 championship game may have another agenda. Mr. PENCE. Mr. Speaker, just three in Chapel Hill, the Lady Mountaineers Russian companies have sold mili- weeks from the launch of Operation were considered underdogs against the tary equipment to Iraq, equipment Iraqi Freedom, the battle for Baghdad previously undefeated and formidable used to harm American soldiers. Rus- is drawing to a close. Less than 2 hours Lady Red Devils of Red Springs High sian officials were told about this in ago, amidst the cheers and grateful School, but the Lady Mountaineers June of 2002, but did nothing. smiles of the newly freed people of knew they could win, and cheered on The Russian Government continues Iraq, the 3rd Army met the 1st Marine by over 1,100 loyal fans in purple, the to maintain friendly relations with expeditionary force at the Tigris River. Lady Mountaineers fought hard Kim Jong Il of North Korea, a fact that Thanks to U.S. and coalition courage through five lead changes and three only encourages this regime’s dan- and leadership, liberty has reached the ties. gerous actions. center of Baghdad, darkened by tyr- Defense was the name of the game, Russia has also been involved in helping Iran develop two nuclear facilities anny for more than a quarter of a cen- and every athlete in purple did her that are part of a nuclear weapons pro- tury. part. Coach Woody could not believe gram. This is in addition to building Soon we will turn this body’s atten- his eyes when the final buzzer rang and Iran a nuclear reactor and providing tion to reconstruction, to interim gov- the score read 61 to 50, with the Lady them with low-enriched uranium in ernments, to the creation of a free and Mountaineers winning. 1995. democratic Iraq, and as the President North Carolina’s 10th District salutes Russia is deeply involved in arming said in Belfast yesterday, the United our Lady Mountaineers. We are all in- terrorist-sponsoring countries. Nations will play a vital role in helping spired by the team’s tenacity and win- Arming rogue regimes cannot be to stand up our humanitarian efforts. ning spirit. Congratulations, Mitchell compatible with being an American Despite the fondest wishes of the High School Lady Mountaineers. ally. We must make it clear that Rus- President of France, I would offer, Mr. f sia cannot arm America’s enemies and Speaker, since the U.N. chose against NATIONAL DAY OF SILENCE call itself an ally. If Russia wants to be being central to the war, the U.N. an ally, it is time to start acting like should not and will not be central to (Mr. FARR asked and was given per- one. mission to address the House for 1 the peace. f f minute and to revise and extend his remarks.) MINORITY HEALTH MONTH AMERICA RX Mr. FARR. Mr. Speaker, I rise today (Mrs. CHRISTENSEN asked and was (Mr. MICHAUD asked and was given to give voice to those who are silent: given permission to address the House permission to address the House for 1 the many youth in our high schools for 1 minute and to revise and extend minute.) who are afraid to speak of their place her remarks.) Mr. MICHAUD. Mr. Speaker, today, in our society because they are gay or Mrs. CHRISTENSEN. Mr. Speaker, nearly 65 million Americans go without lesbian, bisexual or transgender. last year with the help of Congressman adequate prescription drug coverage, Today marks the National Day of Si- J.C. Watts and many others, we passed yet drug prices continue to rise, forc- lence in which we celebrate the diver- a sense of Congress that April should ing more people to choose between sity of our population, but mourn the be Minority Health Month. medicine and food. population’s ignorance and intolerance There have already been many con- Today, I am introducing America toward that diversity. ferences, briefings and other activities RX, which uses the power of the free I commend my colleague, the gen- to call attention to the poor health, market to negotiate fairer drug prices tleman from New York (Mr. ENGEL), for the lack of access and the wide dispari- for Americans. Like the law we passed introducing H. Con. Res. 86, which me- ties in the health of this country’s mi- in Maine, it is a fresh approach that morializes the National Day of Silence. nority populations. Whether it is heart will not cost the taxpayer a single This resolution encourages each State disease, cancer, stroke, diabetes or dime. This approach is simple, it is fair and local jurisdiction to adopt laws to AIDS, just to name a few, African and it works. prohibit discrimination and harass- Americans in particular, but all people Everyone has heard of a volume dis- ment against persons of alternative of color, die and are disabled in numbers far disproportionate to their rep- count. That is exactly what we are sexual orientation or gender identity. resentation in our country. talking about when we are talking This is a goal I applaud and support. No country can achieve its full great- about America RX. More Americans It is hard to believe that in a country ness when it continues to essentially can afford to buy prescription drugs, dedicated to the principles of freedom ignore the plight of one-third of its which means higher volume, low and individual liberty that some per- citizens and residents, when the right prices. sons still experience out-and-out har- of health care is denied to so many. The time has come to lower drug assment because they are not hetero- Reverend Dr. Martin Luther King prices so that more Americans are not sexual. This is especially true of gay, said that ‘‘of all the forms of injustice, forced to ride a bus to Canada. lesbian, bisexual or transgender youth the denial of health care is the most I invite my colleagues to join me in who literally fear for their safety at shocking and inhumane.’’ As we debate moving this initiative forward. school and on the street, where they the budget, it would be shocking and f are subjected to violence, hatred and inhumane to pass a tax cut of any size taunts. CONGRATULATING MITCHELL while almost 75 million people do not The National Day of Silence is a way HIGH SCHOOL LADY MOUNTAIN- have full health insurance and while to raise awareness of this issue and to EERS hundreds of people of color die every work for the justice of those most vul- day prematurely from preventable (Mr. BALLENGER asked and was nerable among us: our youth. I ask you causes. given permission to address the House all to support H. Con. Res. 86 and to We are a better country than this. for 1 minute and to revise and extend support the National Day of Silence. Let us prove it before we go home to his remarks.) f face our constituents and celebrate the Mr. BALLENGER. Mr. Speaker, I rise IS RUSSIA OUR ALLY? most important holy days of the Chris- today to congratulate North Carolina’s tian and Jewish faith. In health, as in 2A high school basketball champions, (Mr. PITTS asked and was given per- education, no one should be left behind. the Mitchell High School Lady Moun- mission to address the House for 1 f taineers. Led by Coach Bruce Woody, minute and to revise and extend his re- the Lady Mountaineers blazed victory’s marks.) HONORING CAPTAIN CHRIS trail by winning their final 19 games of Mr. PITTS. Mr. Speaker, right after WACHTER the season, knocking off the top three September 11, Russia stood with us as (Mr. DREIER asked and was given ranked teams in the State. an ally in the war on terrorism, but re- permission to address the House for 1

VerDate Jan 31 2003 00:29 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.003 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2943 minute and to revise and extend his re- my, how Republicans have changed UNLAWFUL IMPRISONMENT OF DR. marks.) their tune. SALAI TUN THAN BY THE BUR- Mr. DREIER. Mr. Speaker, as coali- MESE GOVERNMENT f tion forces enter the fourth week of (Mr. BURNS asked and was given THE 88TH OBSERVANCE OF THE military action to disarm Iraq and lib- permission to address the House for 1 ARMENIAN GENOCIDE erate its people, we have seen daily re- minute and to revise and extend his re- minders of heroic actions. These men (Mr. MCCOTTER asked and was given marks.) and women answering the call to duty permission to address the House for 1 Mr. BURNS. Mr. Speaker, I rise have served with distinction as they minute and to revise and extend his re- today to speak on a matter of great im- continue to advance, freeing those long marks.) portance to my constituents in Athens, oppressed and removing once and for Mr. MCCOTTER. Mr. Speaker, be- Georgia, the unlawful imprisonment of all the threat posed by Saddam Hussein tween 1915 and 1923, the Ottoman Em- Dr. Salai Tun Than. Dr. Tun Than is a and his weapons of mass destruction. pire systematically murdered more graduate of the University of Georgia While I stand here to salute the serv- than 1.5 million innocent Armenian ice of all those now serving, among and is being held as a political prisoner men, women, and children; and 500,000 by the Burmese Government for mak- those is one man whom I had the honor Armenians were compelled to flee their of nominating, along with my former ing a pro-democracy speech. He is 74 homes and escape into exile. This years old, in poor health, and may not colleague Carlos Moorehead, to the Air crime constituted a heinous milestone Force Academy in 1992. Captain Chris live through the ordeal of imprison- in modern evil. It was the 20th cen- ment. The Burmese Government is a Wachter, who graduated in 1997, cur- tury’s first recorded instance of geno- rently serves as a pilot aboard a B–1B military dictatorship. It does not re- cide. This tragedy, this crime against spect the individual freedoms that we Lancer, the backbone of America’s humanity, must be remembered by all long-range bomber force. as Americans hold dear. Matthew people of good conscience, lest only Daley, the State Department chief for Mr. Speaker, earlier this week, fol- evil men remember and be tempted to lowing the intelligence reports that in- the Bureau of East Asia and the Pacific repeat this horrific lesson of history. testified on the conditions in Burma dicated a possible sighting of Saddam For in fact, while most of the civilized Hussein, Chris piloted his B–1B to a lo- before the House Committee on Inter- world resisted acknowledging this mass national Relations last month. He said: cation where four satellite-guided murder, one barbarian at the gate did bombs were dropped on target. It ‘‘The military dictatorship in Burma not; and that is why on the eve of his severely abuses the human rights of its serves as one example of the tireless own paroxysm of mass murder, Adolph dedication, determination and profes- citizens. There is no real freedom of Hitler blithely remarked: ‘‘Who today speech, press, assembly, association, or sionalism of our men and women in remembers the annihilation of the Ar- uniform. travel. Patterns of abuse are even menians?’’ worse in ethnic minority areas.’’ b 1015 Mr. Speaker, on the 88th observance Mr. Speaker, the situation in Burma Mr. Speaker, the price of freedom is of one of human history’s greatest is unacceptable. We must work to stop never free and there are more days and tragedies and most savage crimes, we this regime from imprisoning political dangers ahead. I stand with the Amer- have the vile Herr Hitler’s answer. We dissidents and work toward a freer na- ican people united in support of our remember the murdered Armenians. tion for all Burmese citizens. I call on troops and in remembrance of those Today. Tomorrow. Forever. the Burmese Government for the im- who paid the ultimate price in this f mediate release of Dr. Salai Tun Than. fight. BUDGET IMPACT ON HEALTH f f CARE A CLEAR SIGN OF DESPERATION (Ms. SOLIS asked and was given per- CONGRATULATIONS TO UNIVER- (Mr. HOYER asked and was given mission to address the House for 1 SITY OF CONNECTICUT HUSKIES permission to address the House for 1 minute and to revise and extend her re- minute and to revise and extend his remarks.) (Mr. LARSON of Connecticut asked marks.) Ms. SOLIS. Mr. Speaker, I rise today and was given permission to address Mr. HOYER. Mr. Speaker, our Repub- to express my dismay at the budget. It the House for 1 minute and to revise lican friends are desperate. House and is being pushed through this House by and extend his remarks.) Senate Republicans are so far apart on Members on the other side of the aisle. Mr. LARSON of Connecticut. Mr. their tax proposals that GOP leaders The Republican budget resolution cuts Speaker, I rise in celebration of wom- are actually considering writing two over $90 billion from Medicaid and en’s basketball and to specifically con- reconciliation tax numbers into the State Children’s Health Insurance Pro- gratulate the national champion Uni- budget resolution. That is an outrage. gram, the S–CHIP program, better versity of Connecticut Huskies for the It is unprecedented, and it is a farce; known as Healthy Families in the outstanding job they did last night in and GOP leaders have no one to blame State of California. This provides 30 defeating the University of Tennessee, but themselves. million children with coverage in their an equally great program. This victory Senator GRASSLEY, the chairman of health care. The cuts will put health underscores the importance of title IX the Senate Committee on Finance, is care coverage in jeopardy for one in and what it means to women’s sports. quoted as saying: ‘‘It’s a pipe dream to five children under the age of 18. And on the way, the University of Con- think you can get above 350 (billion In California, we already are experi- necticut has distinguished itself. dollars) without dramatic changes of encing a disaster in terms of health Coaches Auriemma and Dailey, ath- position.’’ In response, the gentleman care at the fringes. We need to do more letic director Perkins, and the entire from Texas (Mr. DELAY), majority to restore that assistance for low-in- program along with the Lady Huskies leader, warns that House Republicans come families, for seniors, for children, deserve our admiration for the inspira- may reject the budget resolution that especially for services like dental care, tion that they have provided each and fails to include the President’s tax pro- physical therapy and diabetes manage- every one of us. They make us so proud posal, and the gentleman from Texas ment. None of us would want to go in the State of Connecticut. (Mr. DELAY) added: ‘‘It probably would without these services. So why should And by the way, I am happy to col- not be the worst thing in the world to we force the most vulnerable popu- lect my wager from the gentleman not have a budget resolution.’’ Imagine lations to go through this? The Demo- from Tennessee (Mr. FORD), a soon-to- that. One year after hammering, ham- cratic budget provides $10 billion in fis- be someday President of the United mering Senate Democrats for failing to cal relief for Medicaid, programs for States who I will be able to say at pass a budget, congressional Repub- low-income seniors and children. some point lost his wager on Tennessee licans say that is not such a bad idea I urge my colleagues to pass a real and had to pay up because of the Uni- after all. Situational ethics. My, oh, budget before we leave for our break. versity of Connecticut.

VerDate Jan 31 2003 00:29 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.005 H09PT1 H2944 CONGRESSIONAL RECORD — HOUSE April 9, 2003 PAY EQUITY amendment in the nature of a substitute today that seek to hold these busi- shall be considered as read. No amendment (Ms. DELAURO asked and was given nesses responsible on a negligence the- to the committee amendment in the nature ory for the harm caused by criminals permission to address the House for 1 of a substitute shall be in order except those minute and to revise and extend her re- printed in the report of the Committee on or unlawful use of firearms or ammuni- marks.) Rules accompanying this resolution. Each tion by others, when the product func- Ms. DELAURO. Mr. Speaker, go amendment may be offered only in the order tioned and was designed and was in- Huskies. But let me speak about an printed in the report, may be offered only by tended to perform and it did, once issue that I think the Huskies care a Member designated in the report, shall be again, a dangerous and slippery propo- about as well and that is pay equity, considered as read, shall be debatable for the time specified in the report equally divided sition which the underlying bill will and I want to speak on an issue that is prevent. important to every woman and every and controlled by the proponent and an opponent, shall not be subject to amendment, family in America, one that has been Guns can be dangerous and deadly and shall not be subject to a demand for divi- when criminals and others who unlaw- ignored by this Chamber. Again, it is sion of the question in the House or in the about pay equity. The issue of pay eq- Committee of the Whole. All points of order fully use them do so. But then again, uity goes to the heart of what we fight against such amendments are waived. At the so can automobiles, especially when for as working women. It is about en- conclusion of consideration of the bill for they are used illegally, which I will suring that women who work every bit amendment the Committee shall rise and re- never condone, and which the under- as hard as men and who play basket- port the bill to the House with such amend- lying bill does not condone or seek to ball every bit as hard as men are paid ments as may have been adopted. Any Mem- excuse from negligent causes of action. ber may demand a separate vote in the what they deserve. Fair pay is not a House on any amendment adopted in the In fact, under the provisions underlined women’s issue. It is a family issue. Committee of the Whole to the bill or to the in this bill, H.R. 1036, plaintiffs may Two-earner families are not the only committee amendment in the nature of a still bring negligence causes of action norm. Particularly in this economy, substitute. The previous question shall be for harm caused by the criminal or un- they are a necessity. Robbing women of considered as ordered on the bill and amend- lawful misuse of guns or ammunition. their due worth robs entire families. It ments thereto to final passage without inter- underminds their dreams, and that is vening motion except one motion to recom- The forces arrayed against this bill why closing the wage gap must be an mit with or without instructions. today believe that guns have no con- integral part of any pro-working fam- The SPEAKER pro tempore (Mr. GIB- structive purpose in American society ily agenda. Today women are short- BONS). The gentlemen from Texas (Mr. and believe that all firearms are so in- changed, undervalued to the tune of 76 SESSIONS) is recognized for 1 hour. herently dangerous that no level of re- cents on the dollar. For African Amer- Mr. SESSIONS. Mr. Speaker, for the sponsible caution and education could ican women, they earn only 69 cents for purpose of debate only, I yield the cus- ever render them useful or enjoyable to every dollar that men earn. Hispanic tomary 30 minutes to the gentleman a law-abiding citizen. It is on this most women, that number plummets to 56 from Florida (Mr. HASTINGS), pending tenuous, dangerous, and shaky logic cents. which I yield myself such time as I that the gun haters have mounted I am reintroducing today the Pay- may consume. During consideration of their present flank maneuvering on the check Fairness Act, and what it would this resolution, all time yielded is for second amendment in both our State do for the first time is put wage dis- purposes of debate only. and Federal courts through these neg- crimination on the basis of gender on Mr. Speaker, I am exceedingly pleased today that we will consider leg- ligence lawsuits. These hostile forces the same footing as wage discrimina- to the second amendment can only be tion occurring on the basis of race or islation protecting interstate commerce in firearms and ammunition repelled when every single American ethnicity. I ask this House leadership who believes in the right to keep and to please bring this legislation to the under the direction of a structured rule that allows for a total of five minority bear arms shall be firmly entrenched floor so that we can pass it. by passage of this underlying legisla- f party amendments to be made in order. Today, Mr. Speaker, I call up H. Res. tion. PROVIDING FOR CONSIDERATION 181 to do my part to ensure that busi- OF H.R. 1036, PROTECTION OF nesses in the United States that are en- b 1030 LAWFUL COMMERCE IN ARMS gaged in interstate and foreign com- ACT merce through the lawful design, man- I believe today that the House of Mr. SESSIONS. Mr. Speaker, by di- ufacture, marketing, distribution, im- Representatives is rightly and correction of the Committee on Rules, I portation, and sale to the public of fire- rectly again invoking its right to regu- call up House Resolution 181 and ask arms or ammunition are not and late interstate commerce in the name for its immediate consideration. should not be negligent through law- of protecting our citizens’ constitu- The Clerk read the resolution, as fol- suit for the harm caused by those who tional rights, in this case, the constitu- lows: criminally or unlawfully misuse fire- tional right to keep and bear arms. H. RES. 181 arm products or ammunition products Without it, the myriad lawsuits na- Resolved, That at any time after the adop- that function as they are designed and tionwide advancing a negligence the- tion of this resolution the Speaker may, pur- intended. The people who choose to ory for the harm caused by the crimi- suant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the bring these lawsuits want to hold man- nal or unlawful use of firearms or am- Whole House on the state of the Union for ufacturers negligent for the criminal munition by others, when the product consideration of the bill (H.R. 1036) to pro- abuse of their products, but it is like is functioning as it was designed and hibit civil liability actions from being suing the Louisville Slugger for harm intended to do, will form a very real brought or continued against manufacturers, caused by criminals using one of their threat, completely halting the move- distributors, dealers, or importers of fire- famous products to unlawfully threat- ment of these lawful products in inter- arms or ammunition for damages resulting en or harm a third party and not for state commerce. In fact, this is the from the misuse of their products by others. hitting baseballs, for which that prod- The first reading of the bill shall be dis- very intent, what this bill is all about. pensed with. All points of order against con- uct was intended. It is to stop the chilling effect that sideration of the bill are waived. General de- It is my intention today to provide would stop the design, production, bate shall be confined to the bill and shall Members with information about this trade and ownership of legal firearms fair and balanced rule and also the un- not exceed one hour equally divided and con- and ammunition in the United States derlying legislation that will be on the trolled by the chairman and ranking minor- by lawsuits. ity member of the Committee on the Judici- floor today. This underlying bill must ary. After general debate the bill shall be be passed today if we are to beat back Mr. Speaker, I want to wrap up what considered for amendment under the five- the forces who believe that responsible I have said today by stating that the minute rule. It shall be in order to consider gun ownership is an oxymoron and interstate commerce clause thankfully as an original bill for the purpose of amend- gives us the power and the right to be ment under the five-minute rule the amend- those who are bent on destroying a ment in the nature of a substitute rec- citizen’s right to firearms for lawful here in the House today to protect the ommended by the Committee on the Judici- purposes. Lawsuits have been filed na- Second Amendment from these dan- ary now printed in the bill. The committee tionwide and are pending in our courts gerous attempts by others who would

VerDate Jan 31 2003 02:29 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.008 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2945 twist the common law to meet their trict and the district of three other General Counsel for the NRA, recently goal of eroding its protections by Members, two Republican and two revealed that the gun industry has long flanking maneuvers in State and Fed- Democrat. known its practices aid criminal access eral courts. The gun used to kill Mr. Grunow was to guns, yet has done very little about I am proud of this legislation that we a .25 caliber semiautomatic pistol, it. In light of Mr. Ricker’s declara- are on the floor to pass today. which is commonly known as a junk tions, it would be the height of irre- Mr. Speaker, I reserve the balance of gun, or ‘‘Saturday night special.’’ Such sponsibility for Congress to pass H.R. my time. handguns have little or no sporting or 1036. Mr. HASTINGS of Florida. Mr. self-defense use, and are disproportion- America cannot afford for Congress Speaker, I yield myself such time as I ately used by criminals and juveniles to act irresponsibly on this issue. In may consume. to commit murder and other violent of- 1999, firearm homicide was the number Mr. Speaker, I thank my friend, the fenses. Pamela Grunow is seeking to one cause of death for black men ages gentleman from Texas (Mr. SESSIONS), hold the distributor of this gun respon- 15 to 34, as well as the leading cause of for yielding me this time. sible for selling an unreasonably dan- death for all black 15- to 24-year-olds. Mr. Speaker, I rise today in strong gerous and defective product. Former Surgeon General Satcher even opposition to the base bill, H.R. 1036. In Under Florida law, a distributor or saw fit to declare this an epidemic. my view, this is a cynical, political bill dealer who sells a defectively designed As a representative of the American that like other so-called tort reform product can be held liable, just as the people, I am sickened that those cul- bills that the majority has brought to manufacturer can be held liable. But pable of causing pain and devastation the floor this year, would protect and some congressional colleagues of mine may be immunized from liability due favor wealthy businesses and campaign have the audacity to challenge the fed- to their political clout. contributors at the expense of those eralist and legal systems of the United My dear colleagues, blood money is victimized by irresponsible conduct. States. Their hubris is infinite. You do guiding this bill. Those supporting H.R. I advocate a decent society. My not know better than the State govern- 1036 are pushing ill-conceived and reck- strong opposition to H.R. 1036 does not ments legislating on this issue or the less legislation through Congress, mo- reflect a broad opposition to gun own- judges listening to these lawsuits. tivated by the wrong priorities. ership. I own a gun. I am for sensible Pamela Grunow deserves her day in This bill is not only a gift to the gun gun laws that do not take away the court. She may not win, but, under lobby, its timing, with floor consider- legal rights of individuals to have guns Florida law, she should have that op- ation coming just a few weeks before for recreational purposes and personal portunity to lose or win. the April 24, 2003, National Rifle Asso- protection. Gun ownership can further An identical bill was reported out of ciation’s annual meeting, is particu- American values, but H.R. 1036, in- committee last October, but the major- larly suspect. In my view, some politi- stead, usurps them. ity leaders decided not to put the cians are more concerned about satis- I said to someone earlier today that measure on the floor after a series of fying the priorities of contributors since I was a child I have had, family sniper attacks in the metropolitan than in seeking justice under our and others, BB guns to single shot .22 Washington area. Those sniper attacks American values. rifles, that are sports persons and are made even the bill’s sponsors squeam- The cold barrel of the gun industry is involved at some degree in having ish. But less than a year later, even be- pushing on its victims’ throats. The owned a gun. I have no family member fore the suspects in that particular majority is proposing that Congress that has ever caused a criminal prob- atrocious crime are prosecuted, the pull the trigger. H.R. 1036 will shoot lem because of a gun. That does not majority is pushing an identical down the fundamental right to a day in mean that my family is any better antivictim bill to be enacted. Less than court, even retroactively. It is scan- than anyone else’s, and I believe that I a year later, H.R. 1036 would bar legal dalous that this anti-American, would go to my grave fighting for the action filed by victims of the sniper antivictim, anti-American values, right of Americans’ values, which in- shootings against the gun dealer, prointerest group bill is being brought clude owning a gun. where the sniper suspects, two feder- to the People’s House. But I cannot have anyone make sense ally prohibited purchasers, allegedly I oppose the bill. for me how AK–47s can be sold on the obtained their Bushmaster assault I wish to end, Mr. Speaker, by saying open market at a gun show. Nobody rifle. what I said when I began: Let the NRA can make that make sense to me, that At a time when America needs more and all people who own guns know that anyone other than the military and corporate responsibility, Congress one Congressperson stands here for law enforcement should be endowed to should not give one industry a free their right to own their gun, so do not hold those guns in their possession. I pass. Gun makers and dealers act as misunderstand my opposition to this see no reason for them. though their industry was being treat- scandalous bill that will do detriment The majority, encouraged by a force- ed unfairly. That is absurd. The gun in- to the fundamental premise of a per- ful and wealthy industry, is pushing dustry wants to receive special legal son’s right to sue someone that has Congress to enact a disastrous bill to protection that no other industry in caused foreseeable harm. give gun makers and dealers extraor- America enjoys. Gun makers and deal- Mr. SESSIONS. Mr. Speaker, I yield dinary shelter from liability suits. I do ers want to be free from the account- myself such time as I may consume. not wish to prey on the misery of one ability of their negligent or dangerous Mr. Speaker, we are continuing the family that has suffered immensely at conduct, regardless of how many people debate today on the floor after we had the hands of a gun, but several Mem- they injure or cause to be killed. an opportunity yesterday in the Com- bers in this body represent the area of I want to make this clear: Absent mittee on Rules to talk about this, and Palm Beach County, four of us do, and legal immunity, gun makers would the bill is pretty straightforward. It in our constituency are people who suf- simply be treated like any other indus- says that a manufacturer of a gun, am- fered a few years ago, none more than try. Pharmaceutical companies must munition or other product that might Ms. Pamela Grunow, the widow of a design medicine bottles that are be used, with the gun working as it was schoolteacher killed by gun violence. childproof. Car manufacturers must de- intended, we would hold them harm- Pamela Grunow deserves to have her sign automobiles that withstand crash- less; but if a person was illegally or un- day in court, and I am appalled that es. But those in the majority party are lawfully using these guns or obtaining some representatives of the people prepared to exempt gun makers from these guns under some measure, that have the contempt to propose legisla- the responsibility of designing their they would be held responsible. tion that would deny her this right. products to protect against misuse The interesting part about this, and On May 26, 2000, a 13-year-old stu- that is reasonably foreseeable. there are so many analogies that could dent, a young man named Nathaniel Robert A. Ricker, former Executive be used, but it would be like an auto- Brazil, shot and killed his language Director and Director of Government mobile, which kills millions of Ameri- arts teacher, Barry Grunow, at Lake Affairs of the American Shooting cans every year. It would be like an Worth Middle School, that is in my dis- Sports Council and former Assistant automobile that was properly designed,

VerDate Jan 31 2003 00:29 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.010 H09PT1 H2946 CONGRESSIONAL RECORD — HOUSE April 9, 2003 properly structured, properly placed is that it is not as bad as it might have even have any metal detectors or x-ray upon the roadway, and there is not one been, but it is not as good as it should machines or security cameras or other parent or one person that I know of have been. Five amendments were similar devices to monitor the facility that has years of experience in using made in order. Eight Members were de- or to determine if employees were an automobile that would not say to an nied the opportunity to come to this stealing; nor did they check employees occupant or to someone who was going floor and be able to speak their mind at the end of their shifts. At the time, to use their car that this could be a and offer their amendments. In the the company did not have security dangerous product. Committee on Rules yesterday many guards. But if we use it properly, then we people who testified who had good Now, Mr. Speaker, unlike diamonds have no worry about it. But if the man- amendments were denied the oppor- stolen from a jewelry store or funds ufacturer of that product, the car, tunity to come here today to be able to embezzled by an accountant, a gun sto- manufactured it, designed it or did debate them. For the life of me, I can- len from the manufacturer can have le- something that they know they should not quite understand why. But having thal and deadly results, and the not have done, and it has happened in said that, Mr. Speaker, I want to say a Guzman family found out the hard the automobile industry, it has hap- few words about the underlying bill, way. pened with side fuel tanks, it has hap- because I think this is an awful bill. Now, if this bill becomes law, gun pened with any other number of defec- This House is not considering this manufacturers would be shielded from tive parts of that product, then they bill today because it is good policy, be- being held accountable for their own would be held liable. cause it is not. And this House is not negligence, and the Guzman family’s Such is true today also if gun manu- considering this bill today because it is suit that they have filed would be dis- facturers do something that is inher- the right thing to do, because it is not. missed. ently wrong with their product. No, Mr. Speaker, this body is consid- Now, the NRA has dubbed this bill b 1045 ering this bill today, as my colleague the Reckless Lawsuit Protection Act. I But what this bill says is, once that from Florida pointed out, because the disagree. Reckless is hiring an em- gun or ammunition, just like a car is National Rifle Association is holding ployee with a rap sheet to work in a designed properly, is sold legally and their annual convention at the end of gun factory. Reckless is not locking up properly under the laws of this coun- April and the majority leadership in and keeping track of every single gun try, and if it is utilized properly, that this Chamber feels compelled to prove produced in that factory, and reckless they could not be held liable. Such is to the progun special interests that is bringing this legislation to the floor. true with guns. they will do whatever it takes, pass Mr. SESSIONS. Mr. Speaker, I yield The bottom line is that what is true whatever legislation that they can myself such time as I may consume. is that the Democrat Party chooses to come up with, no matter how bad it is, The previous speaker just hijacked take this up as an issue because they so they get an applause line at that the intent of this law, and he misled are antigun. That is what this is about. convention. That includes bringing a people who are listening in this body We see these forces every day. We see bill like this to the floor, a bill that, in today. The fact of the matter is that them on the street. We see them with my opinion, is unconstitutional. any gun manufacturer who is negligent the things that they do. This is another This bill not only absolves any gun for their product by what they produce way to get in the way of the second manufacturer from any claim of neg- would be held responsible under this amendment of the Constitution of the ligence; it prevents any lawsuit, cur- bill, and for any person to assume oth- United States. rent or future, from being filed against erwise means they have not read the So the reasonable legislation that we any gun manufacturer. In other words, bill. They would be incapable of under- propose today is one that says that if any lawsuit against any gun manufac- standing, and they choose not to, they someone has a legally manufactured turer currently being considered by the choose not to. product that they obtained legally, and courts will be thrown out. Mr. MCGOVERN. Mr. Speaker, will it is used properly within the laws of Mr. Speaker, on Christmas Eve, 1999, the gentleman yield? this country, that a gun manufacturer in my hometown of Worcester, Massa- Mr. SESSIONS. Mr. Speaker, the will be held harmless. It is as simple as chusetts, 26-year-old Danny Guzman gentleman was allowed his opportunity it is. I think it makes sense. We sup- was shot and killed. A week later, po- to speak, and I am sure that the minor- port what we are doing here with this lice recovered the 9 millimeter Kahr ity has lots of time left. underlying legislation. Arms handgun used to kill young Mr. MCGOVERN. Mr. Speaker, the Mr. Speaker, I reserve the balance of Danny. Through ballistics, the police gentleman is mischaracterizing the bill my time. determined that the gun was one of and my statement. Mr. HASTINGS of Florida. Mr. several stolen from Kahr Arms by Kahr Mr. SESSIONS. Mr. Speaker, I appre- Speaker, I yield myself 30 seconds. employees with criminal records, and ciate the Speaker’s help. Regular I want my friend from Texas to catch Kahr Arms is in my district. According order, please. my voice as it thunders in his direc- to the police, one of the employees had So, Mr. Speaker, what happens is tion. I am not antigun. I am been hired by Kahr to work in its that anyone who chooses to mislead prosensible gun legislation, and I am in Worcester manufacturing facility, de- those people that are in this body favor of American values that allow for spite the fact that he had a long his- today, that they would not be held lia- people to own guns legally. And I do tory of drug addiction, theft to support ble, is simply not true. That is not not believe any of my colleagues that that addiction, alcohol abuse, and vio- what this bill is about. The bill that we are opposed to this legislation would lence, including several assault and know and the underlying legislation argue that under the Constitution a battery charges. makes perfect sense, and that is why person has a right to bear arms. But Police determined that the guns were we are here. under that same aegis that gives us a stolen from Kahr even before the weap- Mr. Speaker, I yield such time as he system that has served us well these ons had serial numbers stamped on may consume to the gentleman from number of years, a person has a right them and then resold to criminals in Florida (Mr. STEARNS), the original au- to sue. exchange for money and drugs. In thor of this bill. I, as an original co- Mr. Speaker, I yield 4 minutes to my March 2000, police arrested Mark sponsor, am pleased to have him. good friend, the gentleman from Mas- Cronin, who pled guilty to the gun (Mr. STEARNS asked and was given sachusetts (Mr. MCGOVERN), who serves thefts. The investigation also led to permission to revise and extend his re- on the Committee on Rules with dis- the arrest of Kahr employee Scott An- marks.) tinction. derson, a man with a criminal history Mr. STEARNS. Mr. Speaker, I thank Mr. MCGOVERN. Mr. Speaker, I who pled guilty to stealing from Kahr my distinguished colleague for yielding thank the gentleman from Florida for a pistol and a slide for another weapon. me this time. yielding me this time. Now, the company did not conduct Let me just see if we can discuss this Mr. Speaker, I oppose this rule. I any criminal or general background bill without sort of inflaming the emo- guess the most I can say about the rule checks on employees. Kahr did not tions of people. It has been said on the

VerDate Jan 31 2003 00:29 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.011 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2947 floor that it is not good policy. This is Then in April 1999, an ICR/Associated tleman from Massachusetts (Mr. a policy that has been passed by 31 Press poll found that 70 percent of the MCGOVERN) to respond to our col- States. Thirty-one States have adopted respondents thought manufacturers league. this almost similar language. So I should not be held liable to recoup hos- Mr. MCGOVERN. Mr. Speaker, I think if the people on this side or if pital and police costs. In 1999, a Gallup thank the gentleman for yielding time there is anybody on the Republican poll found 61 percent of Americans are to me. side who decides they do not want to opposed to lawsuits to cover costs in- I just want to make clear that under vote for this bill, please go back to curred because of gun violence. A May this bill, if any victim files a lawsuit your State legislatures and see if they 1999 poll by Zogby International found based on the common law principle of passed this language. I will have a 71 percent of Americans opposed allow- negligence, it would be barred. So I graph when we move to the debate on ing cities to sue gun manufacturers. would urge my colleague, the gen- this bill, and I will show my colleagues I can just take my colleagues up to tleman from Texas (Mr. SESSIONS) to that 31 States have already passed this the current day that the public is be- read the bill to understand what the same type of legislation. hind us on this. They want to say that bill is doing. This bill is designed to So it is good policy, so good that the there is too much litigation. These protect gun manufacturers at any cost majority of the States in the United third-party cases where violence occurs for whatever is filed against them, and States have passed it. In fact, I say to is because of the third party and one I think this bill should be defeated. my good colleague, the gentleman from cannot go after the manufacturer with Mr. HASTINGS of Florida. Mr. Florida (Mr. HASTINGS), the State of deep pockets only because he is distrib- Speaker, I am pleased to yield 6 min- Florida has also passed this bill. So in uting the weapons or because of the utes to my very good friend, the gen- his comments, I appreciate what he person who sells it to him because tleman from North Carolina (Mr. says, that he is not for gun control, there is negligence. Still, in fact, based WATT), the ranking member of the rel- that he has a gun himself, so he could upon that information, I can tell my evant subcommittee of the Committee appreciate the fact that this Bill is colleagues this. The question is, does on the Judiciary. good policy. this bill protect unlicensed dealers, and Mr. WATT. Mr. Speaker, I thank the The second point I want to make is the answer is simply no. The bill de- gentleman for yielding time to me. there is going to be a lot of attacks on fines manufacturers and sellers only as I first want to associate myself with the NRA this morning and this after- licensed manufacturers, dealers, or im- the remarks that the gentleman made noon. I authored this bill in the Com- porters of firearms or trade associa- so eloquently in his statement. I am mittee on Commerce; and it passed out tions representing those persons. The sure that both of us throughout the of the subcommittee, out of the full only exception is for ammunition sell- course of the day will be subjected to a committee, and also passed out of the ers who are not required to be licensed number of phone calls saying that we subcommittee of the Committee on Ju- by the Federal Government. are antigun. I personally do not think diciary and out of the full Committee The second question: Does the bill that is what this debate is about or on the Judiciary. That was in the 107th protect those who commit State crimes should be about. The debate is about Congress. There is nothing about tim- or engage in negligent conduct? Under the bill that is in front of us and what ing for bringing this Bill up on the the bill, manufacturers or sellers must it does to legal rights of people that floor because the NRA is having a con- operate entirely within Federal and have been recognized throughout his- vention at the end of this month. We State laws. tory. have been trying to get this bill to the So the bill is not giving any exemp- I am sure that my staff in the office floor; and as many Members know, tion to them if they perform criminal is prepared for the barrage of phone when we try and get a bill passed, we or negligent acts. So basically, it is calls, but I hope we can keep this de- have to go around to our colleagues just saying, we are trying to prevent bate based on what is before us at this day after day and ask them to cospon- these nuisance suits. point. sor it. I had about 235 cosponsors in the Now, I will just conclude by giving I am going to reserve my comments last Congress, and we were ready to my colleagues one example of a nui- about the bill itself to the general devote on it. So it is not a case of timing sance suit and that took place in bate on the bill, but I did want to rise for the NRA. It is just good policy, and Bridgeport, Connecticut. Superior in opposition to the rule reported by I think the 31 States that have passed Court Judge Robert McWeeney threw the Committee on Rules on this bill. Twelve Democratic amendments it have shown that it is good policy. out the City of Bridgeport’s suit. ‘‘The were timely submitted to the Com- The other thing I would point out to plaintiffs have no statutory common mittee on Rules. Of those 12, 10 were of- my colleagues is the public is now law basis to recoup their expendi- fered by members of the Committee on aware how important it is to pass this tures,’’ he said. ‘‘They lack any statu- the Judiciary, and five of the 12 were type of legislation. I want to mention a tory authorization to initiate such made in order under this rule. I am the couple of surveys taken recently of al- claims.’’ most 1,100 adults by DecisionQuest, a first to admit that that is a better jury-consulting firm. They found that b 1100 record than the Committee on Rules 66.2 percent of American adults oppose Those were his exact words. Yet, has enjoyed throughout this Congress, these types of lawsuits. These are sim- Bridgeport was using taxpayers’ money and some people say I should be happy ply lawsuits that State and local mu- to sue this gun manufacturer with friv- about that. But the process by which nicipalities are forcing on gun manu- olous lawsuits. this bill came to the Committee on facturers simply because they do not Basically, the judge said they seek to Rules and now comes to the floor leads like the product. They do not like the regulate firearms in a manner that is me to be concerned that the rule does distribution of the weapon. So I say to preempted by State law. In other not do justice to us as Members or to my colleagues, we cannot start attack- words, they are taking the mere fact the public. ing a company because we do not like that they are involved with commerce, The bill first came before the Sub- their distribution system or their de- manufacturing a product and distrib- committee on Commercial and Admin- sign, because under the Constitution, uting it as a way to sue. istrative Law, on which I serve as the one has the right under the commerce I can give case after case of examples ranking member, one day before the clause to manufacture and distribute. where the judge has thrown out these full committee markup. There was no So when people say this bill is uncon- nuisance lawsuits. markup of the bill in the sub- stitutional, no, on the contrary, it is So between what the judges have committee, and the hearing was con- constitutional in the sense it is saying, said, what the States have said by ducted at a disadvantage by the fact allow people to legally manufacture passing legislation in 31 States, and that two of the witnesses’ statements and distribute products. what the public says, I think we have a arrived late, one coming the night be- So only 19 percent of Americans op- very credible bill. I urge my colleagues fore the hearing and one coming the pose this type of legislation that pro- to support the rule. morning of the hearing. tects manufacturers from nuisance Mr. HASTINGS of Florida. Mr. Under these circumstances, the full lawsuits. Speaker, I yield 15 seconds to the gen- committee markup provided the sole

VerDate Jan 31 2003 00:29 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.014 H09PT1 H2948 CONGRESSIONAL RECORD — HOUSE April 9, 2003 opportunity for all Members, not just Mr. Speaker, I think this bill needs But instead of doing it the honest Democrats and not just those with con- to be considered, and I hope we will way, we pick around the edges. We cerns about the bill but all Members of send it back to committee for that con- have lawyers willing to sue gun manu- the Committee on the Judiciary, to sideration. facturers who acted legally because a speak to the merits and concerns, or Mr. SESSIONS. Mr. Speaker, I yield crime was committed with a stolen even in support of the legislation. myself such time as I may consume. gun, and we have friendly juries willing But that never happened in the full Mr. Speaker, the Committee on Rules to hand over that money. This is noth- committee, either. There was no delib- took a lot of time yesterday. We heard ing more or less than a ripping-off of erative process that brought this bill a lot of testimony. The gentleman is the system by a bunch of greedy peo- to the floor. There was no debate on correct, he did come and approach the ple, and I want to see us have this de- what the various provisions of the bill Committee on Rules, as well as other bate in the honest way: Put their re- mean. There was no opportunity to Members of this great body. peal of the second amendment on the seek clarification, no opportunity to I think the Committee on Rules, floor and let us vote it up or down. praise or explain, no opportunity to through the leadership of the gen- We should not have to come here criticize or correct the bill. There was tleman from California (Mr. DREIER), every time and defend legal industries. simply no process in the committee. heard the testimony and, in fact, Mr. Fifteen percent of the crimes are com- Now, we wonder, how did that hap- Speaker, made in order several amend- mitted with knives. Are we going to be pen? Well, during the markup of the ments, five, and two from the gen- forced to defend the cutlery industry? bill while one of my amendments was tleman from North Carolina (Mr. Eighty percent of the crimes involve pending and numerous other Demo- WATT). That gives him the ability alcohol. Will we be suing distillers cratic amendments were at the desk to today to have two amendments for a next? We have a tort system, a court be considered, the majority abruptly total of 40 minutes. Three others are system that has run amok. It is unfor- decided that they would call a 5-minute allowed for a total of 60 minutes, 20 tunate that we have to sit here on the recess in the proceeding, and they went minutes each. I think that is pretty floor and protect it. into the back room. As soon as we got good. I think that does allow debate on Mr. HASTINGS of Florida. Mr. through deliberating the one amend- the floor of this House, more than al- Speaker, I am pleased to yield an addi- ment that was being considered, then most 2 hours of debate, to talk about tional 30 seconds to the gentleman they moved the previous question on these issues. from North Carolina (Mr. WATT). Best of all, they are going to get the amendment, on the bill, and all Mr. WATT. Mr. Speaker, I would just their own vote. They are going to get other amendments got cut off. encourage my colleagues to make their their vote that they asked for up on Mr. Speaker, the amendment that I own judgment. If we add up all of the the board, and every single Member was debating when they abruptly debate time about this bill, there will will be here, so they have a chance to called this recess was the only amend- be about 3 hours. We are talking about tell their story. I think that this proc- ment that was actually offered and undoing a system of law that has ex- ess, while it may not always work the considered throughout the process. One isted throughout our history, and we way every single Member wants, the other amendment had been offered and are doing it with 3 hours’ worth of de- Committee on Rules did the right withdrawn earlier, and debate was cut bate. Members should make the judg- thing. ment about whether that is reasonable. off. Mr. Speaker, I yield such time as he Additionally, we are talking about I raise the question, if we have had may consume to the gentleman from doing it without consideration of any no subcommittee process and we have Georgia (Mr. LINDER) from the Com- of the amendments, other than the five had no full committee process, and if mittee on Rules. that were made in order, that were of- only five out of 12 amendments that Mr. LINDER. Mr. Speaker, I thank fered by people in this body who have people seek to offer on the floor will be the gentleman for yielding time to me. or who represent the same number of considered, then when will this bill be Mr. Speaker, I rise in support of people that the gentleman on the oppo- considered? I raise the question, what House Resolution 181 providing for the site side represents. Those amendments are the supporters afraid of? Are they consideration of the Protection of Law- were not considered in committee and afraid to defend the bill? I am baffled ful Commerce in Arms Act of 2003. This they will not be considered on the by what this is all about. is a fair but structured rule that pro- floor. Now, I said in committee that I was vides for the consideration of a number So I do not know what this process is concerned that we were rushing of Democrat amendments submitted to all about. We have made a mockery of through the markup to get the bill to the Committee on Rules yesterday the process in committee, and now we the floor so that the bill could be re- afternoon. We have made in order two are about to do the same thing on the ported out in advance of the National amendments submitted by the gen- floor. Rifle Association’s convention. Now I tleman from North Carolina (Mr. Mr. SESSIONS. Mr. Speaker, I yield am wondering whether we are rushing WATT). We have made one each by the myself such time as I may consume. through the process on the floor. When gentleman from Virginia (Mr. SCOTT), Mr. Speaker, the gentleman makes is this bill going to be considered? I the gentlewoman from California (Ms. some points. They are that he felt that think that is a relevant question. LINDA T. SA´ NCHEZ), and the gentleman these amendments were denied through Now, the one amendment that I of- from Massachusetts (Mr. MEEHAN). the process. But the way we operate fered that was not made in order by the The committee heard persuasive tes- here is that the Committee on Rules Committee on Rules would have had us timony and has worked to create an operates in the daylight. We come and have a debate about whether pending amendment process that is fair and as tell people when they may file amend- lawsuits, lawsuits that have already evenhanded as possible. It is unfortu- ments. Either those amendments may been filed by people who think that nate that this bill is on the floor at or may not have ever seen the light of they were proceeding in good faith, this time. It is unfortunate that this day in another committee. maybe some of them were proceeding Congress has to sit down and construct This Speaker and this Committee on in good faith, but they were proceeding a law to protect a legal industry from Rules chairman want to make sure based on the law that existed at that acting legally in every State in the Na- that we are open for business, that we time, those lawsuits would be wiped tion. tell people when we will be there; that out by this bill. For those who want to just get rid of we have, in my opinion, an appropriate I think that is unconstitutional. If it guns, do it the right way: Propose to number of people who sit through the is not unconstitutional as an ex post put a repeal of the second amendment hearings, as I have done, as I did in this facto law, then it is certainly unfair on the floor and vote it up or down. case again; and responsible people lis- and it is obscene. We should not be There was a reason that our Founding ten to the arguments and the debates going back saying to the courts of ap- Fathers fashioned the second amend- about the merits of those things which peals, trial courts, to dismiss cases ment. It was for people to be able to they wish to have placed in order. based on a statute that we are passing protect themselves, in some instances, We then hear the deliberation, we at this point. from their government. hear the debate, and then we go back

VerDate Jan 31 2003 00:29 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.016 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2949 and make a decision about it. Then warranted and frivolous lawsuits. Once They went to court. They took their there is a vote. The votes are in the again, it is important to note that the case to court against a gun dealer open where everybody can see them firearm industry is heavily regulated, whose activities over many years had happen. and I am not averse to that. I think it shown a pattern of negligence that Mr. Speaker, my chairman allows ought to be heavily regulated at both could very well have contributed to the many times more debate than what I State and Federal levels. suffering in their families. And this probably would think would be reason- This is not an industry that is oper- legislation which was taken off the able, but he does it. It is a fair and ating willy-nilly, unchecked and floor in deference to those victims will open process. We know what this bill is unmonitored. Licensed firearm dealers now deny them their fair day in court. about. We know where there is dis- are required to meet various regula- They are not going to get a fair hear- agreement. We know why we are doing tions prior to the sale of a firearm. ing. And I find this decision of this this. It is the right thing to do. Furthermore, the industry itself is body to proceed on this to be an insult, Mr. Speaker, I reserve the balance of very actively involved in ensuring that not just to those families, but really to my time. dealers know and are enforcing current decency and justice in the United b 1115 firearm laws. Firearm trade groups, States. Mr. Speaker, to my friend from Texas I had an amendment that would have Mr. HASTINGS of Florida. Mr. (Mr. SESSIONS) I would say, are respon- addressed an issue that was adopted in Speaker, I have no further speakers. sible for publishing literature on gun the middle of the night a couple of Does my friend from Texas (Mr. SES- safety, responding to questions about months ago as part of the 2003 omnibus SIONS) have additional speakers? firearms, and the proper manner in appropriations bill. At that time we ex- Mr. SESSIONS. Mr. Speaker, I have which to store firearms, for example. empted the ATF from requirements one additional speaker. Mr. Speaker, The firearm industry also, I am told, that all other Federal agencies are sub- what is the time remaining? sponsors seminars across the country ject to under the Freedom of Informa- The SPEAKER pro tempore (Mr. for gun dealers and distributors to cer- tion Act to get the information col- SIMPSON). The gentleman from Texas tify that all gun sales adhere to strict lected with the ATF with respect to (Mr. SESSIONS) has 91⁄2 minutes remain- transaction requirements. those gun dealers who are engaged ac- ing. The gentleman from Florida (Mr. The bottom line, Mr. Speaker, it tively in selling to the criminal mar- HASTINGS) has 81⁄4 minutes remaining. seems to me, is that firearms are legal ket. Why do we want to hide that infor- Mr. HASTINGS of Florida. Mr. products that are heavily regulated at mation from the American people? But Speaker, I am prepared to yield back the State and Federal level. It is my we did this in the middle of the night. after closing. belief that a manufacturer, distributor, And so I had an amendment proposed Mr. SESSIONS. Mr. Speaker, I will dealer, and/or importer of firearms who to reinstate the ability of the Amer- close after this speaker. follows all laws of sale and marketing ican people to have access to that in- Mr. Speaker, I yield 5 minutes to the and does not act in any way neg- formation. The committee denied us gentleman from North Carolina (Mr. ligently should not be held responsible that opportunity. I think we should COBLE). for the criminal behavior of a third have had a fair debate on that ques- Mr. COBLE. Mr. Speaker, I thank the party. tion. This bill protects gun dealers who gentleman from Texas for yielding me I think this is a good piece of legisla- are engaged in wrong doing. It is unfair time. I probable will not take 5 min- tion, Mr. Speaker; and I urge my col- to all those gun dealers and manufac- utes. leagues to support it. I thank the gen- turers out there who are playing by the Mr. Speaker, this is an important tleman from Texas (Mr. SESSIONS) rules. It is unfair to them because it bill. It seems to me, it seems very basic again for yielding me time. taints them with the wrong-doing of a to me that an industry that manufac- Mr. HASTINGS of Florida. Mr. few. And what this bill does is give pro- turers, distributes, imports and/or sells Speaker, I have had one additional tection, not to those who are engaged a legal product lawfully should not be speaker show up. in the fair dealing in guns. What this held liable for criminal acts of a third Mr. Speaker, I yield 3 minutes to the does is protect those who are engaged party. If an individual sells a firearm gentleman from Maryland (Mr. VAN in wrong-doing, those who are engaged following all the rules and regulations HOLLEN), my friend, who was a leader in selling mostly to the criminal mar- of firearms, sales including conducting in the State senate in Maryland on this ket, and we have already provided backgrounds checks to ensure that the particular issue. them some additional protection by de- purchaser is eligible to own a firearm, Mr. VAN HOLLEN. Mr. Speaker, I nying the American people access and the purchaser who buys the fire- thank my colleague for yielding me about who they are. And now they are arm violates the law by surrendering time. further shielding them from the justice that firearm to an individual who sub- Mr. Speaker, I have not been in this that American families and the victims sequently uses the gun to commit a body very long, but I have quickly are due in this great country. I am crime, why should the law-abiding learned that the titles we give bills sorry we are carving out a special ex- dealer be liable? often come out of ‘‘Alice in Wonder- ception for these wrong-doers, and I Laws are violated in that hypo- land.’’ The title of this bill is ‘‘Pro- urge the body to reject this legislation. thetical, Mr. Speaker, it seems to me, tecting Commerce.’’ The way I read Mr. HASTINGS of Florida. Mr. when the purchaser shared his firearm this bill, it is protecting those gun Speaker, I am prepared to close if the or surrendered his firearm to a third dealers who are engaged in wrong- gentleman from Texas (Mr. SESSIONS) party, not at the point of sale. In my doing. is prepared to close. opinion, that means that the liability I am very disappointed that this bill Mr. SESSIONS. Mr. Speaker, I am should lie with those who violated the is even on the floor. I had an amend- prepared to close. law and not with a manufacturer who ment proposed that I took to the Com- Mr. HASTINGS of Florida. Mr. made the firearm to standard, maybe 6 mittee on Rules the other day; and un- Speaker, I yield myself such time as I months earlier, or even with the dealer fortunately, they did not approve it. I may consume. who sold the gun complying with exist- represent an area that was recently Mr. Speaker, I thank my friend from ing law. ravaged just last fall by a sniper. This Texas (Mr. SESSIONS), and I also thank H.R. 1036 which, by the way, came body at that time was taking up this my friend from Florida (Mr. STEARNS), out of our House Committee on the Ju- legislation and, in deference to the vic- who is still here, for reminding me that diciary, does nothing to exempt the tims’ families, took this legislation off Florida has a law that is similar to this firearm industry from liability if the the floor. But by taking this up today, that I do not think ought to be pre- industry acts negligently, if the indus- we are adding insult to injury to the empted. But at the very same time, try produces or sells a defective prod- victims and the families of those vic- Florida under the aegis of a previous uct, or if a firearm is sold in violation tims. We are rubbing salt in their Attorney General did in fact sue gun of any State or Federal law. The bill wounds because many of the families of manufacturers too. So we have been a simply protects the industry from un- those victims decided to go to court. leader on both fronts.

VerDate Jan 31 2003 00:29 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.018 H09PT1 H2950 CONGRESSIONAL RECORD — HOUSE April 9, 2003 Mr. Speaker, let me say this in clos- done a lot of things. I disagree with us offered by my Democratic colleagues and my- ing. The gentleman from Florida (Mr. having the Federal Government print a self. The Democrats proposed a total of thir- STEARNS) and I live very close to Or- list of all the people who have a gun in teen Amendments to H.R. 1036. The Rules lando. I was born and raised in Alta this country. I think that is dangerous. Committee concluded that only five Amend- Mont Springs that is 10 miles north of I think that is dangerous precedent for ments would be made in order. Neither of the Orlando. I will not be in Orlando when us as consumers to think that we two Amendments that I offered were made in the National Rifle Association meets would purchase a product and then order. there 3 weeks from now. I will not be someone would print our name about a One of the Amendments that I offered ex- receiving contributions from some of product that we buy. But that is what empted from the scope of the bill those law- their members, interestingly. I am sure we were asked to do yesterday, and we suits brought by or on behalf of minors who that there are some of their members denied them. We did allow the minor- were injured or killed by negligently transferred who agree with me. ity the chance to have its debate on guns. This is an Amendment to the bill de- Gun dealers and owners who illegally five amendments. That is what is going signed to protect America’s children from the sell or use guns are subject to prosecu- to take place today. unlawful transfers of firearms. As the Chair of tion under Federal laws, as my friend This legislation is common sense. the Congressional Children’s Caucus, I believe from Texas pointed out at the Com- The process has been open and fair. The that provisions that protect America’s children mittee on Rules yesterday, such as Committee on Rules was available yes- should be included in every bill that shapes Brady. That is not what we are talking terday. The Speaker, the gentleman gun rights. However, my Amendment to H.R. about here today. Today we are talking from Illinois (Mr. HASTERT), and the 1036 protecting minor’s rights to sue negligent about the civil damages these actions gentleman from California (Mr. gun sellers was shut out of the Judiciary Com- cause, the innocent victims of gun vio- DREIER), the chairman, intentionally mittee, and not made in order by the Rules lence. This bill, in my opinion, would went out of their way to make sure Committee. eviscerate this possibility; and I think that we would have a vigorous debate A second Amendment that I offered exempt- in that regard that it is wrong. today because we think the light of day ed from the scope of the bill lawsuits against Let me says that with my warm live is the best disinfectant there is to fair- the sellers of machine guns, semi-automatic hands I will protect the right of Amer- ness. assault weapons, and large capacity ammuni- ican citizens and American values to The gentleman from Florida (Mr. tion feeding devices. Congress has banned all legally own guns. In that place where I STEARNS), the original sponsor of this of these weapons because they are inherently was born in the halcyon days of seg- bill, the author of this bill, showed up dangerous. Assault weapons are even more regation, be assured that almost every on the floor and offered a hardy debate. dangerous in the hands of criminals. However, family member and everybody there We have had others that have done the under H.R. 1036, if a gun merchant neg- had a gun, and I can assure you they same. So I think America is free. I ligently sells a banned gun and that gun is needed them. And, therefore, when we think we are using this body for what used to injure or kill, the plaintiff will have no talk about the right to bear arms, it was intended, as a sharing of issues cause of action against the seller. know that there were many of us that and ideas. And most of all I would like All of the Amendments proposed by my believe in that right. So the National to applaud the gentleman from Wis- Democratic colleagues and myself are provi- Rifle Association should know that consin (Mr. SENSENBRENNER), who is sions that protect American lives. They de- with these warm live hands I will de- the chairman of the Committee on the served more sincere consideration by both the fend their right to own a gun, but none Judiciary. The gentleman has been to Judiciary Committee and the Rules Com- of them can make sense of AK–47s the Committee on Rules, placed him- mittee. That consideration was not provided. being sold in the street. None of them That, Mr. Chairman, is why I oppose the can make sense of Saturday night spe- self available before each and every Member to answer questions. I think Rule to H.R. 1036 bill. cials that have caused devastating Mr. SESSIONS. Mr. Speaker, I yield damage to this overall society, such that the commonsense legislation that he brings forward at this time with re- back the balance of my time, and I that one Surgeon General declared an move the previous question on the res- epidemic because of gun violence spect to what we are going to do on floor debate is important and good. olution. against our children and their commu- The previous question was ordered. nity. b 1130 The resolution was agreed to. None of them can make sense for the Mr. Speaker, I would ask that Mem- A motion to reconsider was laid on gun manufacturers and gun dealers, bers would support this bill, this rule, the table. who may be few, of being exempted and of course, all the underlying legis- f from legislation that rightly ought be lation. considered if it were not exempting CONFERENCE REPORT ON S.151, Ms. JACKSON-LEE of Texas. Mr. Speaker, certain people and giving them special PROSECUTORIAL REMEDIES AND I oppose the Rule to H.R. 1036, The Protec- conditions that so many on the major- OTHER TOOLS TO END THE EX- tion of Lawful Commerce in Arms Act. ity side rail about all the time saying PLOITATION OF CHILDREN My opposition to the Rule to H.R. 1036, is others are seeking special conditions. TODAY ACT OF 2003 based largely on my outrage at the disgrace If car manufacturers have to meet that has occurred in the Mark-up and Amend- Mr. SENSENBRENNER submitted standards that avoid liabilities, if drug ment of this Bill. the following conference report and manufacturers, and I can go on and on The Amendment process at the Judiciary statement on the Senate bill (S. 151) to and on through the product liability Committee Mark-up of H.R. 1036 was unfair, amend title 18, United States Code, phase of this discussion, then be as- discourteous, and a complete departure from with respect to the sexual exploitation sured gun manufacturers, if they do of children: something that is foreseeably wrong, the accepted Committee procedures of debate. The Amendments offered by myself and CONFERENCE REPORT (H. REPT. 108–66) should be held to the same standards as The committee of conference on the dis- everybody else. my Democratic colleagues were never given the opportunity to be fully debated. The Mark- agreeing votes of the two Houses on the Mr. Speaker, I urge this body to vote amendments of the House to the bill (S. against this bill and for each one of up was simply shut down by the Chairman 1151), to amend title 18, United States Code, them to use their warm live hands to while Amendments were at the table. The ac- with respect to the sexual exploitation of protect American values. tions of the Chairman are not in the spirit of children, having met, after full and free con- Mr. Speaker, I yield back the balance comity that both parties try to maintain in this ference, have agreed to recommend and do of my time. Chamber. Every Amendment that is offered is recommend to their respective Houses as fol- Mr. SESSIONS. Mr. Speaker, I yield entitled to the full consideration of the com- lows: myself such time as I may consume. mittee. Our Amendments to H.R. 1036 were That the Senate recede from its disagree- Mr. Speaker, this is the very end of not given that consideration. ment to the amendment of the House to the text of the bill and agree to the same with an the debate about a very, very impor- Likewise, the Rules Committee has not amendment as follows: tant commonsense piece of legislation. given the Democratic Amendments full and In lieu of the matter proposed to be in- The amendments that were before fair consideration. The Rules Committee has serted by the House amendment, insert the the Committee on Rules would have picked and chosen a select few Amendments following:

VerDate Jan 31 2003 01:43 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.021 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2951 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 507. Strengthening enhanced penalties for ‘‘(4) the term ‘pattern or practice of assault or (a) SHORT TITLE.—This Act may be cited as repeat offenders. torture’ means assault or torture engaged in on the ‘‘Prosecutorial Remedies and Other Tools to Sec. 508. Service provider reporting of child por- at least two occasions; end the Exploitation of Children Today Act of nography and related informa- ‘‘(5) the term ‘serious bodily injury’ has the 2003’’ or ‘‘PROTECT Act’’. tion. meaning set forth in section 1365; and (b) TABLE OF CONTENTS.—The table of con- Sec. 509. Investigative authority relating to ‘‘(6) the term ‘torture’ means conduct, wheth- tents for this Act is as follows: child pornography. er or not committed under the color of law, that Sec. 1. Short title; table of contents. Sec. 510. Civil remedies. otherwise satisfies the definition set forth in sec- Sec. 2. Severability. Sec. 511. Recordkeeping requirements. tion 2340(1).’’. Sec. 512. Sentencing enhancements for inter- TITLE I—SANCTIONS AND OFFENSES SEC. 103. SEXUAL ABUSE PENALTIES. state travel to engage in sexual (a) MAXIMUM PENALTY INCREASES.—(1) Chap- Sec. 101. Supervised release term for sex offend- act with a juvenile. ter 110 of title 18, United States Code, is amend- ers. Sec. 513. Miscellaneous provisions. ed— Sec. 102. First degree murder for child abuse Subtitle B—Truth in Domain Names (A) in section 2251(d)— and child torture murders. Sec. 521. Misleading domain names on the (i) by striking ‘‘20’’ and inserting ‘‘30’’; and Sec. 103. Sexual abuse penalties. Internet. (ii) by striking ‘‘30’’ the first place it appears Sec. 104. Stronger penalties against kidnapping. TITLE VI—MISCELLANEOUS PROVISIONS and inserting ‘‘50’’; Sec. 105. Penalties against sex tourism. (B) in section 2252(b)(1)— Sec. 106. Two strikes you’re out. Sec. 601. Penalties for use of minors in crimes of (i) by striking ‘‘15’’ and inserting ‘‘20’’; and Sec. 107. Attempt liability for international pa- violence. (ii) by striking ‘‘30’’ and inserting ‘‘40’’; rental kidnapping. Sec. 602. Sense of congress. (C) in section 2252(b)(2)— Sec. 108. Pilot program for national criminal Sec. 603. Communications decency act of 1996. (i) by striking ‘‘5’’ and inserting ‘‘10’’; and history background checks and Sec. 604. Internet availability of information (ii) by striking ‘‘10’’ and inserting ‘‘20’’; feasibility study. concerning registered sex offend- (D) in section 2252A(b)(1)— ers. TITLE II—INVESTIGATIONS AND (i) by striking ‘‘15’’ and inserting ‘‘20’’; and Sec. 605. Registration of child pornographers in PROSECUTIONS (ii) by striking ‘‘30’’ and inserting ‘‘40’’; and the national sex offender registry. Sec. 201. Interceptions of communications in in- (E) in section 2252A(b)(2)— Sec. 606. Grants to States for costs of compli- (i) by striking ‘‘5’’ and inserting ‘‘10’’; and vestigations of sex offenses. ance with new sex offender reg- (ii) by striking ‘‘10’’ and inserting ‘‘20’’. Sec. 202. No statute of limitations for child ab- istry requirements. (2) Chapter 117 of title 18, United States Code, duction and sex crimes. Sec. 607. Safe id act. is amended— Sec. 203. No pretrial release for those who rape Sec. 608. Illicit Drug Anti-Proliferation Act. (A) in section 2422(a), by striking ‘‘10’’ and in- or kidnap children. Sec. 609. Definition of vehicle. serting ‘‘20’’; Sec. 204. Suzanne’s law. Sec. 610. Authorization of John Doe DNA in- (B) in section 2422(b), by striking ‘‘15’’ and in- TITLE III—PUBLIC OUTREACH dictments. serting ‘‘30’’; and Sec. 611. Transitional housing assistance grants Subtitle A—AMBER Alert (C) in section 2423(a), by striking ‘‘15’’ and infor child victims of domestic vio- serting ‘‘30’’. Sec. 301. National coordination of AMBER alert lence, stalking, or sexual assault. communications network. (3) Section 1591(b)(2) of title 18, United States SEC. 2. SEVERABILITY. Code, is amended by striking ‘‘20’’ and inserting Sec. 302. Minimum standards for issuance and If any provision of this Act, or the application dissemination of alerts through ‘‘40’’. of such provision to any person or circumstance, (b) MINIMUM PENALTY INCREASES.—(1) Chap- AMBER alert communications is held invalid, the remainder of this Act, and network. ter 110 of title 18, United States Code, is amend- the application of such provision to other per- ed— Sec. 303. Grant program for notification and sons not similarly situated or to other cir- communications systems along (A) in section 2251(d)— cumstances, shall not be affected by such invali- (i) by striking ‘‘or imprisoned not less than highways for recovery of ab- dation. ducted children. 10’’ and inserting ‘‘and imprisoned not less than Sec. 304. Grant program for support of AMBER TITLE I—SANCTIONS AND OFFENSES 15’’; (ii) by striking ‘‘and both,’’; alert communications plans. SEC. 101. SUPERVISED RELEASE TERM FOR SEX (iii) by striking ‘‘15’’ and inserting ‘‘25’’; and Sec. 305. Limitation on liability. OFFENDERS. Section 3583 of title 18, United States Code, is (iv) by striking ‘‘30’’ the second place it ap- Subtitle B—National Center for Missing and amended— pears and inserting ‘‘35’’; Exploited Children (1) in subsection (e)(3), by inserting ‘‘on any (B) in section 2251A(a) and (b), by striking Sec. 321. Increased support. such revocation’’ after ‘‘required to serve’’; ‘‘20’’ and inserting ‘‘30’’; Sec. 322. Forensic and investigative support of (2) in subsection (h), by striking ‘‘that is less (C) in section 2252(b)(1)— missing and exploited children. than the maximum term of imprisonment au- (i) by striking ‘‘or imprisoned’’ and inserting Sec. 323. Creation of cyber tipline. thorized under subsection (e)(3)’’; and ‘‘and imprisoned not less than 5 years and’’; Subtitle C—Sex Offender Apprehension Program (3) by adding at the end the following: (ii) by striking ‘‘or both,’’; and (iii) by striking ‘‘5’’ and inserting ‘‘15’’; Sec. 341. Authorization. ‘‘(k) Notwithstanding subsection (b), the authorized term of supervised release for any of- (D) in section 2252(b)(2), by striking ‘‘2’’ and Subtitle D—Missing Children Procedures in fense under section 1201 involving a minor vic- inserting ‘‘10’’; Public Buildings tim, and for any offense under section 1591, (E) in section 2252A(b)(1)— Sec. 361. Short title. 2241, 2242, 2244(a)(1), 2244(a)(2), 2251, 2251A, (i) by striking ‘‘or imprisoned’’ and inserting Sec. 362. Definitions. 2252, 2252A, 2260, 2421, 2422, 2423, or 2425, is any ‘‘and imprisoned not less than 5 years and’’; Sec. 363. Procedures in public buildings regard- term of years or life.’’. (ii) by striking ‘‘or both,’’; and ing a missing or lost child. (iii) by striking ‘‘5’’ and inserting ‘‘15’’; and SEC. 102. FIRST DEGREE MURDER FOR CHILD (F) in section 2252A(b)(2), by striking ‘‘2’’ and Subtitle E—Child Advocacy Center Grants ABUSE AND CHILD TORTURE MUR- inserting ‘‘10’’. Sec. 381. Information and documentation re- DERS. Section 1111 of title 18, United States Code, is (2) Chapter 117 of title 18, United States Code, quired by Attorney General under is amended— Victims of Child Abuse Act of amended— (1) in subsection (a)— (A) in section 2422(b)— 1990. (A) by inserting ‘‘child abuse,’’ after ‘‘sexual (i) by striking ‘‘, imprisoned’’ and inserting TITLE IV—SENTENCING REFORM abuse,’’; and ‘‘and imprisoned not less than 5 years and’’; Sec. 401. Sentencing reform. (B) by inserting ‘‘or perpetrated as part of a and (ii) by striking ‘‘, or both’’; and TITLE V—OBSCENITY AND PORNOGRAPHY pattern or practice of assault or torture against a child or children;’’ after ‘‘robbery;’’; and (B) in section 2423(a)— Subtitle A—Child Obscenity and Pornography (2) by inserting at the end the following: (i) by striking ‘‘, imprisoned’’ and inserting Prevention ‘‘(c) For purposes of this section— ‘‘and imprisoned not less than 5 years and’’; Sec. 501. Findings. ‘‘(1) the term ‘assault’ has the same meaning and Sec. 502. Improvements to prohibition on virtual as given that term in section 113; (ii) by striking ‘‘, or both’’. child pornography. ‘‘(2) the term ‘child’ means a person who has SEC. 104. STRONGER PENALTIES AGAINST KID- Sec. 503. Certain activities relating to material not attained the age of 18 years and is— NAPPING. constituting or containing child ‘‘(A) under the perpetrator’s care or control; (a) SENTENCING GUIDELINES.—Notwith- pornography. or standing any other provision of law regarding Sec. 504. Obscene child pornography. ‘‘(B) at least six years younger than the per- the amendment of Sentencing Guidelines, the Sec. 505. Admissibility of evidence. petrator; United States Sentencing Commission is directed Sec. 506. Extraterritorial production of child ‘‘(3) the term ‘child abuse’ means inten- to amend the Sentencing Guidelines, to take ef- pornography for distribution in tionally or knowingly causing death or serious fect on the date that is 30 days after the date of the United States. bodily injury to a child; the enactment of this Act—

VerDate Jan 31 2003 01:43 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 6333 E:\CR\FM\A09AP7.002 H09PT1 H2952 CONGRESSIONAL RECORD — HOUSE April 9, 2003 (1) so that the base offense level for kidnap- children), 2422(b) (relating to coercion and en- under subparagraph (B) shall conduct a State ping in section 2A4.1(a) is increased from level ticement of a minor into prostitution), or 2423(a) background check and submit a request that a 24 to level 32; (relating to transportation of minors); Federal check be performed through the Inte- (2) so as to delete section 2A4.1(b)(4)(C); and ‘‘(B) the term ‘State sex offense’ means an of- grated Automated Fingerprint Identification (3) so that the increase provided by section fense under State law that is punishable by System of the Federal Bureau of Investigation, 2A4.1(b)(5) is 6 levels instead of 3. more than one year in prison and consists of to the Attorney General, in a manner to be de- (b) MINIMUM MANDATORY SENTENCE.—Section conduct that would be a Federal sex offense if, termined by the Attorney General. 1201(g) of title 18, United States Code, is amend- to the extent or in the manner specified in the (D) INFORMATION PROVIDED.—Under proceed by striking ‘‘shall be subject to paragraph applicable provision of this title— dures established by the Attorney General, any (2)’’ in paragraph (1) and all that follows ‘‘(i) the offense involved interstate or foreign criminal history record information resulting through paragraph (2) and inserting ‘‘shall in- commerce, or the use of the mails; or from the State and Federal check under sub- clude imprisonment for not less than 20 years.’’. ‘‘(ii) the conduct occurred in any common- paragraph (C) shall be provided to the State or SEC. 105. PENALTIES AGAINST SEX TOURISM. wealth, territory, or possession of the United National Center for Missing and Exploited Chil- (a) IN GENERAL.—Section 2423 of title 18, States, within the special maritime and terri- dren consistent with the National Child Protec- United States Code, is amended by striking sub- torial jurisdiction of the United States, in a Fed- tion Act. section (b) and inserting the following: eral prison, on any land or building owned by, (E) COSTS.—A State may collect a fee to per- ‘‘(b) TRAVEL WITH INTENT TO ENGAGE IN IL- leased to, or otherwise used by or under the conform a criminal background check under this LICIT SEXUAL CONDUCT.—A person who travels trol of the Government of the United States, or paragraph which may not exceed the actual in interstate commerce or travels into the United in the Indian country (as defined in section costs to the State to perform such a check. States, or a United States citizen or an alien ad- 1151); (F) TIMING.—For any background check permitted for permanent residence in the United ‘‘(C) the term ‘prior sex conviction’ means a formed under this paragraph, the State shall States who travels in foreign commerce, for the conviction for which the sentence was imposed provide the State criminal record information to purpose of engaging in any illicit sexual con- before the conduct occurred constituting the the Attorney General within 7 days after receiv- duct with another person shall be fined under subsequent Federal sex offense, and which was ing the request from the organization, unless the this title or imprisoned not more than 30 years, for a Federal sex offense or a State sex offense; Attorney General determines during the feasi- or both. ‘‘(D) the term ‘minor’ means an individual bility study that such a check cannot reasonably be performed within that time period. The ‘‘(c) ENGAGING IN ILLICIT SEXUAL CONDUCT IN who has not attained the age of 17 years; and Attorney General shall provide the criminal his- FOREIGN PLACES.—Any United States citizen or ‘‘(E) the term ‘State’ has the meaning given alien admitted for permanent residence who that term in subsection (c)(2). tory records information to the National Center travels in foreign commerce, and engages in any ‘‘(3) NONQUALIFYING FELONIES.—An offense for Missing and Exploited Children within 7 illicit sexual conduct with another person shall described in section 2422(b) or 2423(a) shall not business days after receiving the request from be fined under this title or imprisoned not more serve as a basis for sentencing under this sub- the State. (3) CHILD SAFETY PILOT PROGRAM.— than 30 years, or both. section if the defendant establishes by clear and convincing evidence that— (A) IN GENERAL.—The Attorney General shall NCILLARY OFFENSES.—Whoever, for the ‘‘(d) A establish an 18-month Child Safety Pilot Pro- purpose of commercial advantage or private fi- ‘‘(A) the sexual act or activity was consensual gram that shall provide for the processing of nancial gain, arranges, induces, procures, or fa- and not for the purpose of commercial or pecu- 100,000 10-fingerprint check requests from orga- cilitates the travel of a person knowing that niary gain; ‘‘(B) the sexual act or activity would not be nizations described in subparagraph (B) con- such a person is traveling in interstate com- punishable by more than one year in prison ducted through the Integrated Automated Fin- merce or foreign commerce for the purpose of en- under the law of the State in which it occurred; gerprint Identification System of the Federal gaging in illicit sexual conduct shall be fined or Bureau of Investigation. under this title, imprisoned not more than 30 ‘‘(C) no sexual act or activity occurred.’’. (B) ELIGIBLE ORGANIZATIONS.—An organiza- years, or both. (b) CONFORMING AMENDMENT.—Sections tion described in this subparagraph is an orga- ‘‘(e) ATTEMPT AND CONSPIRACY.—Whoever at- 2247(a) and 2426(a) of title 18, United States nization in a State not designated under para- tempts or conspires to violate subsection (a), (b), Code, are each amended by inserting ‘‘, unless graph (2) that has received a request allotment (c), or (d) shall be punishable in the same man- section 3559(e) applies’’ before the final period. pursuant to subparagraph (C). ner as a completed violation of that subsection. SEC. 107. ATTEMPT LIABILITY FOR INTER- (C) REQUEST ALLOTMENTS.—The following or- ‘‘(f) DEFINITION.—As used in this section, the NATIONAL PARENTAL KIDNAPPING. ganizations may allot requests as follows: term ‘illicit sexual conduct’ means (1) a sexual Section 1204 of title 18, United States Code, is (i) 33,334 for the Boys and Girls Clubs of act (as defined in section 2246) with a person amended— America. under 18 years of age that would be in violation (1) in subsection (a), by inserting ‘‘, or at- (ii) 33,333 for the National Mentoring Partner- of chapter 109A if the sexual act occurred in the tempts to do so,’’ before ‘‘or retains’’; and ship. special maritime and territorial jurisdiction of (2) in subsection (c)— (iii) 33,333 for the National Council of Youth the United States; or (2) any commercial sex act (A) in paragraph (1), by inserting ‘‘or the Sports. (D) PROCEDURES.—The Attorney General shall (as defined in section 1591) with a person under Uniform Child Custody Jurisdiction and En- notify the organizations described in subpara- 18 years of age. forcement Act’’ before ‘‘and was’’; and graph (C) of a process by which the organiza- ‘‘(g) DEFENSE.—In a prosecution under this (B) in paragraph (2), by inserting ‘‘or’’ after tions may provide fingerprint cards to the Attor- section based on illicit sexual conduct as defined the semicolon. in subsection (f)(2), it is a defense, which the ney General. defendant must establish by a preponderance of SEC. 108. PILOT PROGRAM FOR NATIONAL CRIMI- (E) VOLUNTEER INFORMATION REQUIRED.—An NAL HISTORY BACKGROUND CHECKS organization authorized to request a back- the evidence, that the defendant reasonably be- AND FEASIBILITY STUDY. ground check under this paragraph shall— lieved that the person with whom the defendant (a) ESTABLISHMENT OF PILOT PROGRAM.— (i) forward to the Attorney General the volun- engaged in the commercial sex act had attained (1) IN GENERAL.—Not later than 90 days after teer’s fingerprints; and the age of 18 years.’’. the date of the enactment of this Act, the Attor- (b) CONFORMING AMENDMENT.—Section (ii) obtain a statement completed and signed ney General shall establish a pilot program for by the volunteer that— 2423(a) of title 18, United States Code, is amend- volunteer groups to obtain national and State ed by striking ‘‘or attempts to do so,’’. (I) sets out the provider or volunteer’s name, criminal history background checks through a address, date of birth appearing on a valid iden- SEC. 106. TWO STRIKES YOU’RE OUT. 10-fingerprint check to be conducted utilizing tification document as defined in section 1028 of (a) IN GENERAL.—Section 3559 of title 18, State criminal records and the Integrated Auto- title 18, United States Code, and a photocopy of United States Code, is amended by adding at the mated Finger Print Identification system of the the valid identifying document; end the following new subsection: Federal Bureau of Investigation. (II) states whether the volunteer has a crimi- ‘‘(e) MANDATORY LIFE IMPRISONMENT FOR RE- (2) STATE PILOT PROGRAM.— nal record, and, if so, sets out the particulars of PEATED SEX OFFENSES AGAINST CHILDREN.— (A) IN GENERAL.—The Attorney General shall such record; ‘‘(1) IN GENERAL.—A person who is convicted designate 3 States as participants in an 18- (III) notifies the volunteer that the Attorney of a Federal sex offense in which a minor is the month State pilot program. General may perform a criminal history back- victim shall be sentenced to life imprisonment if (B) VOLUNTEER ORGANIZATION REQUESTS.—A ground check and that the volunteer’s signature the person has a prior sex conviction in which volunteer organization in one of the 3 States to the statement constitutes an acknowledgment a minor was the victim, unless the sentence of participating in the State pilot program under that such a check may be conducted; death is imposed. this paragraph that is part of the Boys and (IV) notifies the volunteer that prior to and ‘‘(2) DEFINITIONS.—For the purposes of this Girls Clubs of America, the National Mentoring after the completion of the background check, subsection— Partnerships, or the National Council of Youth the organization may choose to deny the pro- ‘‘(A) the term ‘Federal sex offense’ means an Sports may submit a request for a 10-fingerprint vider access to children; and offense under section 2241 (relating to aggra- check from the participating State. A volunteer (V) notifies the volunteer of his right to cor- vated sexual abuse), 2242 (relating to sexual organization in a participating State may not rect an erroneous record held by the Attorney abuse), 2244(a)(1) (relating to abusive sexual submit background check requests under para- General. contact), 2245 (relating to sexual abuse resulting graph (3). (F) TIMING.—For any background checks per- in death), 2251 (relating to sexual exploitation of (C) STATE CHECK.—The participating State formed under this paragraph, the Attorney Gen- children), 2251A (relating to selling or buying of under this paragraph after receiving a request eral shall provide the criminal history records

VerDate Jan 31 2003 01:43 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 6333 E:\CR\FM\A09AP7.004 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2953 information to the National Center for Missing (G) The extent to which private companies are ‘‘§ 3283. Offenses against children and Exploited Children within 14 business days currently performing background checks and ‘‘No statute of limitations that would other- after receiving the request from the organiza- the possibility of using private companies in the wise preclude prosecution for an offense involv- tion. future to perform any of the background check ing the sexual or physical abuse, or kidnaping, (G) DETERMINATIONS OF FITNESS.— process, including, but not limited to, the cap- of a child under the age of 18 years shall pre- (i) IN GENERAL.—Consistent with the privacy ture and transmission of fingerprints and fitness clude such prosecution during the life of the protections delineated in the National Child determinations. child.’’. Protection Act (42 U.S.C. 5119), the National (H) The cost of development and operation of Center for Missing and Exploited Children may the technology and the infrastructure necessary SEC. 203. NO PRETRIAL RELEASE FOR THOSE WHO RAPE OR KIDNAP CHILDREN. make a determination whether the criminal his- to establish a nationwide fingerprint-based and Section 3142(e) of title 18, United States Code, tory record information received in response to other criminal background check system. (I) The extent of State participation in the is amended— the criminal history background checks con- (1) by striking ‘‘1901 et seq.), or’’ and inserting procedures for background checks authorized in ducted under this paragraph indicates that the ‘‘1901 et seq.),’’; and the National Child Protection Act (Public Law provider or volunteer has a criminal history (2) by striking ‘‘of title 18 of the United States 103–209), as amended by the Volunteers for Chil- record that renders the provider or volunteer Code’’ and inserting ‘‘of this title, or an offense dren Act (sections 221 and 222 of Public Law unfit to provide care to children based upon cri- involving a minor victim under section 1201, teria established jointly, the National Center for 105–251). (J) The extent to which States currently pro- 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A, Missing and Exploited Children, the Boys and 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), Girls Clubs of America, the National Mentoring vide access to nationwide criminal history background checks to organizations that serve chil- 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, Partnership, and the National Council of Youth 2422, 2423, or 2425 of this title’’. Sports. dren. SEC. 204. SUZANNE’S LAW. (ii) CHILD SAFETY PILOT PROGRAM.—The Na- (K) The extent to which States currently per- tional Center for Missing and Exploited Chil- mit volunteers to appeal adverse fitness deter- Section 3701(a) of the Crime Control Act of dren shall convey that determination to the or- minations, and whether similar procedures are 1990 (42 U.S.C. 5779(a)) is amended by striking ganizations making requests under this para- required at the Federal level. ‘‘age of 18’’ and inserting ‘‘age of 21’’. (L) The implementation of the 2 pilot pro- graph. TITLE III—PUBLIC OUTREACH (4) FEES COLLECTED BY ATTORNEY GENERAL. grams created in subsection (a). (M) Any privacy concerns that may arise from Subtitle A—AMBER Alert The Attorney General may collect a fee which nationwide criminal background checks. SEC. 301. NATIONAL COORDINATION OF AMBER may not exceed $18 to cover the cost to the Fed- (N) Any other information deemed relevant by ALERT COMMUNICATIONS NETWORK. eral Bureau of Investigation to conduct the the Department of Justice. (a) COORDINATION WITHIN DEPARTMENT OF background check under paragraph (2) or (3). (2) INTERIM REPORT.—Based on the findings JUSTICE.—The Attorney General shall assign an (b) RIGHTS OF VOLUNTEERS.—Each volunteer of the feasibility study under paragraph (1), the officer of the Department of Justice to act as the who is the subject of a criminal history back- Attorney General shall, not later than 180 days national coordinator of the AMBER Alert com- ground check under this section is entitled to after the date of the enactment of this Act, sub- munications network regarding abducted chil- contact the Attorney General to initiate proce- mit to Congress an interim report, which may dren. The officer so designated shall be known dures to— include recommendations for a pilot project to (1) obtain a copy of their criminal history as the AMBER Alert Coordinator of the Depart- develop or improve programs to collect finger- ment of Justice. record report; and prints and perform background checks on indi- (2) challenge the accuracy and completeness (b) DUTIES.—In acting as the national coordi- viduals that seek to volunteer with organiza- of the criminal history record information in the nator of the AMBER Alert communications net- tions that work with children, the elderly, or the report. work, the Coordinator shall— disabled. (c) AUTHORIZATION OF APPROPRIATIONS.— (1) seek to eliminate gaps in the network, in- (3) FINAL REPORT.—Based on the findings of (1) IN GENERAL.—There is authorized to be ap- cluding gaps in areas of interstate travel; propriated such sums as may be necessary to the the pilot project, the Attorney General shall, not (2) work with States to encourage the develop- later than 60 days after completion of the pilot National Center for Missing and Exploited Chil- ment of additional elements (known as local project under this section, submit to Congress a dren for fiscal years 2004 and 2005 to carry out AMBER plans) in the network; final report, including recommendations, which the requirements of this section. (3) work with States to ensure appropriate re- (2) STATE PROGRAM.—There is authorized to may include a proposal for grants to the States gional coordination of various elements of the be appropriated such sums as may be necessary to develop or improve programs to collect finger- network; and to the Attorney General for the States des- prints and perform background checks on indi- (4) act as the nationwide point of contact ignated in subsection (a)(1) for fiscal years 2004 viduals that seek to volunteer with organiza- for— and 2005 to establish and enhance finger print tions that work with children, the elderly, or the (A) the development of the network; and technology infrastructure of the participating disabled, and which may include recommenda- (B) regional coordination of alerts on ab- State. tions for amendments to the National Child Pro- ducted children through the network. (d) FEASIBILITY STUDY FOR A SYSTEM OF tection Act and the Volunteers for Children Act (c) CONSULTATION WITH FEDERAL BUREAU OF BACKGROUND CHECKS FOR EMPLOYEES AND VOL- so that qualified entities can promptly and INVESTIGATION.—In carrying out duties under UNTEERS.— affordably conduct nationwide criminal history subsection (b), the Coordinator shall notify and (1) STUDY REQUIRED.—The Attorney General background checks on their employees and vol- consult with the Director of the Federal Bureau shall conduct a feasibility study within 180 days unteers. of Investigation concerning each child abduc- after the date of the enactment of this Act. The TITLE II—INVESTIGATIONS AND tion for which an alert is issued through the study shall examine, to the extent discernible, PROSECUTIONS AMBER Alert communications network. the following: SEC. 201. INTERCEPTIONS OF COMMUNICATIONS (d) COOPERATION.—The Coordinator shall co- (A) The current state of fingerprint capture IN INVESTIGATIONS OF SEX OF- operate with the Secretary of Transportation and processing at the State and local level, in- FENSES. and the Federal Communications Commission in cluding the current available infrastructure, Section 2516(1) of title 18, United States Code, carrying out activities under this section. State system capacities, and the time for each is amended— (e) REPORT.—Not later than March 1, 2005, State to process a civil or volunteer print from (1) in paragraph (a), by inserting after ‘‘chap- the Coordinator shall submit to Congress a re- the time of capture to submission to the Federal ter 37 (relating to espionage),’’ the following: port on the activities of the Coordinator and the Bureau of Investigation (FBI). ‘‘chapter 55 (relating to kidnapping),’’; and effectiveness and status of the AMBER plans of (B) The intent of the States concerning par- (2) in paragraph (c)— each State that has implemented such a plan. ticipation in a nationwide system of criminal (A) by inserting ‘‘section 1591 (sex trafficking The Coordinator shall prepare the report in con- background checks to provide information to of children by force, fraud, or coercion),’’ after sultation with the Secretary of Transportation. qualified entities. ‘‘section 1511 (obstruction of State or local law SEC. 302. MINIMUM STANDARDS FOR ISSUANCE (C) The number of volunteers, employees, and enforcement),’’; and AND DISSEMINATION OF ALERTS other individuals that would require a finger- (B) by inserting ‘‘section 2251A (selling or THROUGH AMBER ALERT COMMU- print-based criminal background check. buying of children), section 2252A (relating to NICATIONS NETWORK. (D) The impact on the Integrated Automated material constituting or containing child por- (a) ESTABLISHMENT OF MINIMUM STAND- Fingerprint Identification System (IAFIS) of the nography), section 1466A (relating to child ob- ARDS.—Subject to subsection (b), the AMBER Federal Bureau of Investigation in terms of ca- scenity), section 2260 (production of sexually ex- Alert Coordinator of the Department of Justice pacity and impact on other users of the system, plicit depictions of a minor for importation into shall establish minimum standards for— including the effect on Federal Bureau of Inves- the United States), sections 2421, 2422, 2423, and (1) the issuance of alerts through the AMBER tigation work practices and staffing levels. 2425 (relating to transportation for illegal sexual Alert communications network; and (E) The current fees charged by the Federal activity and related crimes),’’ after ‘‘sections (2) the extent of the dissemination of alerts Bureau of Investigation, States and local agen- 2251 and 2252 (sexual exploitation of chil- issued through the network. cies, and private companies to process finger- dren),’’. (b) LIMITATIONS.—(1) The minimum standards prints and conduct background checks. SEC. 202. NO STATUTE OF LIMITATIONS FOR established under subsection (a) shall be adopt- (F) The existence of ‘‘model’’ or best practice CHILD ABDUCTION AND SEX CRIMES. able on a voluntary basis only. programs which could easily be expanded and Section 3283 of title 18, United States Code, is (2) The minimum standards shall, to the max- duplicated in other States. amended to read as follows: imum extent practicable (as determined by the

VerDate Jan 31 2003 01:43 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 6333 E:\CR\FM\A09AP7.006 H09PT1 H2954 CONGRESSIONAL RECORD — HOUSE April 9, 2003 Coordinator in consultation with State and formation systems to notify motorists about ab- Department of Justice $5,000,000 for fiscal year local law enforcement agencies), provide that ductions of children. A State shall be eligible for 2004 to carry out this section and, in addition, appropriate information relating to the special a grant under this subsection if the Secretary $5,000,000 for fiscal year 2004 to carry out sub- needs of an abducted child (including health determines that the State has developed a State section (b)(3). care needs) are disseminated to the appropriate program in accordance with subsection (b). (2) Amounts appropriated pursuant to the au- law enforcement, public health, and other pub- (2) ELIGIBLE ACTIVITIES.—A grant under this thorization of appropriations in paragraph (1) lic officials. subsection may be used by a State to support the shall remain available until expended. (3) The minimum standards shall, to the max- implementation of systems that use changeable SEC. 305. LIMITATION ON LIABILITY. imum extent practicable (as determined by the message signs or other motorist information sys- (a) Except as provided in subsection (b), the Coordinator in consultation with State and tems to notify motorists about abductions of National Center for Missing and Exploited Chil- local law enforcement agencies), provide that children. Such support may include the pur- dren, including any of its officers, employees, or the dissemination of an alert through the chase and installation of changeable message agents, shall not be liable for damages in any AMBER Alert communications network be lim- signs or other motorist information systems to civil action for defamation, libel, slander, or ited to the geographic areas most likely to facili- notify motorists about abductions of children. harm to reputation arising out of any action or tate the recovery of the abducted child con- (d) FEDERAL SHARE.—The Federal share of communication by the National Center for Miss- cerned. the cost of any activities funded by a grant ing and Exploited Children, its officers, employ- (4) In carrying out activities under subsection under this section may not exceed 80 percent. ees, or agents, in connection with any clearing- (e) DISTRIBUTION OF GRANT AMOUNTS.—The (a), the Coordinator may not interfere with the house, hotline or complaint intake or for- Secretary shall, to the maximum extent prac- current system of voluntary coordination be- warding program or in connection with activity ticable, distribute grants under this section tween local broadcasters and State and local that is wholly or partially funded by the United equally among the States that apply for a grant law enforcement agencies for purposes of the States and undertaken in cooperation with, or under this section within the time period pre- AMBER Alert communications network. at the direction of a Federal law enforcement scribed by the Secretary. (c) COOPERATION.—(1) The Coordinator shall agency. (f) ADMINISTRATION.—The Secretary shall pre- cooperate with the Secretary of Transportation (b) The limitation in subsection (a) does not scribe requirements, including application re- and the Federal Communications Commission in apply in any action in which the plaintiff quirements, for the receipt of grants under this carrying out activities under this section. proves that the National Center for Missing and section. (2) The Coordinator shall also cooperate with Exploited Children, its officers, employees, or local broadcasters and State and local law en- (g) DEFINITION.—In this section, the term ‘‘State’’ means any of the 50 States, the District agents acted with actual malice, or provided in- forcement agencies in establishing minimum formation or took action for a purpose unrelated standards under this section. of Columbia, or Puerto Rico. (h) AUTHORIZATION OF APPROPRIATIONS.— to an activity mandated by Federal law. For SEC. 303. GRANT PROGRAM FOR NOTIFICATION purposes of this subsection, the prevention, or AND COMMUNICATIONS SYSTEMS There is authorized to be appropriated to the Secretary to carry out this section $20,000,000 for detection of crime, and the safety, recovery, or ALONG HIGHWAYS FOR RECOVERY protection of missing or exploited children shall OF ABDUCTED CHILDREN. fiscal year 2004. Such amounts shall remain be deemed, per se, to be an activity mandated by (a) PROGRAM REQUIRED.—The Secretary of available until expended. Federal law. Transportation shall carry out a program to (i) STUDY OF STATE PROGRAMS.— provide grants to States for the development or (1) STUDY.—The Secretary shall conduct a Subtitle B—National Center for Missing and enhancement of notification or communications study to examine State barriers to the adoption Exploited Children systems along highways for alerts and other in- and implementation of State programs for the SEC. 321. INCREASED SUPPORT. use of communications systems along highways formation for the recovery of abducted children. (a) IN GENERAL.—Section 408(a) of the Missing (b) DEVELOPMENT GRANTS.— for alerts and other information for the recovery Children’s Assistance Act (42 U.S.C. 5777(a)) is (1) IN GENERAL.—The Secretary may make a of abducted children. amended by striking ‘‘fiscal years 2000 through (2) REPORT.—Not later than 1 year after the grant to a State under this subsection for the 2003’’ and inserting ‘‘fiscal years 2004 through date of enactment of this Act, the Secretary development of a State program for the use of 2005.’’. shall transmit to Congress a report on the re- changeable message signs or other motorist in- (b) ANNUAL GRANT TO NATIONAL CENTER FOR sults of the study, together with any rec- formation systems to notify motorists about ab- MISSING AND EXPLOITED CHILDREN.—Section ommendations the Secretary determines appro- ductions of children. The State program shall 404(b)(2) of the Missing Children’s Assistance priate. provide for the planning, coordination, and de- Act (42 U.S.C. 5773(b)(2)) is amended by striking sign of systems, protocols, and message sets that SEC. 304. GRANT PROGRAM FOR SUPPORT OF ‘‘$10,000,000 for each of fiscal years 2000, 2001, support the coordination and communication AMBER ALERT COMMUNICATIONS PLANS. 2002, and 2003’’ and inserting ‘‘$20,000,000 for necessary to notify motorists about abductions (a) PROGRAM REQUIRED.—The Attorney Gen- each of the fiscal years 2004 through 2005’’. of children. eral shall carry out a program to provide grants SEC. 322. FORENSIC AND INVESTIGATIVE SUP- (2) ELIGIBLE ACTIVITIES.—A grant under this to States for the development or enhancement of PORT OF MISSING AND EXPLOITED subsection may be used by a State for the fol- programs and activities for the support of CHILDREN. lowing purposes: AMBER Alert communications plans. Section 3056 of title 18, United States Code, is (A) To develop general policies and procedures (b) ACTIVITIES.—Activities funded by grants amended by adding at the end the following: to guide the use of changeable message signs or under the program under subsection (a) may in- ‘‘(f) Under the direction of the Secretary of other motorist information systems to notify mo- clude— Homeland Security, officers and agents of the torists about abductions of children. (1) the development and implementation of Secret Service are authorized, at the request of (B) To develop guidance or policies on the education and training programs, and associ- any State or local law enforcement agency, or at content and format of alert messages to be con- ated materials, relating to AMBER Alert com- the request of the National Center for Missing veyed on changeable message signs or other munications plans; and Exploited Children, to provide forensic and traveler information systems. (2) the development and implementation of investigative assistance in support of any inves- (C) To coordinate State, regional, and local law enforcement programs, and associated tigation involving missing or exploited chil- plans for the use of changeable message signs or equipment, relating to AMBER Alert commu- dren.’’. other transportation related issues. nications plans; SEC. 323. CREATION OF CYBER TIPLINE. (D) To plan secure and reliable communica- (3) the development and implementation of Section 404(b)(1) of the Missing Children’s As- tions systems and protocols among public safety new technologies to improve AMBER Alert com- sistance Act (42 U.S.C. 5773(b)(1)) is amended— and transportation agencies or modify existing munications; and (1) in subparagraph (F), by striking ‘‘and’’ at communications systems to support the notifica- (4) such other activities as the Attorney Gen- the end; tion of motorists about abductions of children. eral considers appropriate for supporting the (2) in subparagraph (G), by striking the period (E) To plan and design improved systems for AMBER Alert communications program. at the end and inserting ‘‘; and’’; and communicating with motorists, including the ca- (c) FEDERAL SHARE.—The Federal share of the (3) by adding at the end the following: pability for issuing wide area alerts to motorists. cost of any activities funded by a grant under ‘‘(H) coordinate the operation of a cyber (F) To plan systems and protocols to facilitate the program under subsection (a) may not ex- tipline to provide online users an effective the efficient issuance of child abduction notifi- ceed 50 percent. means of reporting Internet-related child sexual cation and other key information to motorists (d) DISTRIBUTION OF GRANT AMOUNTS ON GEO- exploitation in the areas of— during off-hours. GRAPHIC BASIS.—The Attorney General shall, to ‘‘(i) distribution of child pornography; (G) To provide training and guidance to the maximum extent practicable, ensure the dis- ‘‘(ii) online enticement of children for sexual transportation authorities to facilitate appro- tribution of grants under the program under acts; and priate use of changeable message signs and subsection (a) on an equitable basis throughout ‘‘(iii) child prostitution.’’. other traveler information systems for the notifi- the various regions of the United States. Subtitle C—Sex Offender Apprehension cation of motorists about abductions of children. (e) ADMINISTRATION.—The Attorney General (c) IMPLEMENTATION GRANTS.— shall prescribe requirements, including applica- Program (1) IN GENERAL.—The Secretary may make a tion requirements, for grants under the program SEC. 341. AUTHORIZATION. grant to a State under this subsection for the under subsection (a). Section 1701(d) of part Q of title I of the Om- implementation of a program for the use of (f) AUTHORIZATION OF APPROPRIATIONS.—(1) nibus Crime Control and Safe Streets Act of 1968 changeable message signs or other motorist in- There is authorized to be appropriated for the (42 U.S.C. 3796dd(d)) is amended—

VerDate Jan 31 2003 01:43 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 6333 E:\CR\FM\A09AP7.008 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2955 (1) by redesignating paragraphs (10) and (11) (5) Monitoring all points of egress from the In determining whether a circumstance was ade- as (11) and (12), respectively; and building while a Code Adam alert is in effect. quately taken into consideration, the court shall (2) by inserting after paragraph (9) the fol- (6) Conducting a thorough search of the consider only the sentencing guidelines, policy lowing: building. statements, and official commentary of the Sen- ‘‘(10) assist a State in enforcing a law (7) Contacting local law enforcement. tencing Commission, together with any amend- throughout the State which requires that a con- (8) Documenting the incident. ments thereto by act of Congress. In the absence victed sex offender register his or her address Subtitle E—Child Advocacy Center Grants of an applicable sentencing guideline, the court with a State or local law enforcement agency SEC. 381. INFORMATION AND DOCUMENTATION shall impose an appropriate sentence, having and be subject to criminal prosecution for fail- REQUIRED BY ATTORNEY GENERAL due regard for the purposes set forth in sub- ure to comply;’’. UNDER VICTIMS OF CHILD ABUSE section (a)(2). In the absence of an applicable Subtitle D—Missing Children Procedures in ACT OF 1990. sentencing guideline in the case of an offense Public Buildings (a) REGIONAL CHILDREN’S ADVOCACY CEN- other than a petty offense, the court shall also TERS.—Section 213 of the Victims of Child Abuse have due regard for the relationship of the sen- SEC. 361. SHORT TITLE. Act of 1990 (42 U.S.C. 13001b) is amended— tence imposed to sentences prescribed by guide- This subtitle may be cited as the ‘‘Code Adam (1) in subsection (c)(4)— lines applicable to similar offenses and offend- Act of 2003’’. (A) by striking ‘‘and’’ at the end of subpara- ers, and to the applicable policy statements of SEC. 362. DEFINITIONS. graph (B)(ii); the Sentencing Commission, together with any In this subtitle, the following definitions (B) in subparagraph (B)(iii), by striking amendments to such guidelines or policy state- apply: ‘‘Board’’ and inserting ‘‘board’’; and ments by act of Congress.’’. (1) CHILD.—The term ‘‘child’’ means an indi- (C) by redesignating subparagraphs (C) and (b) CONFORMING AMENDMENTS TO GUIDELINES vidual who is 17 years of age or younger. (D) as clauses (iv) and (v), respectively, of sub- MANUAL.—The Federal Sentencing Guidelines (2) CODE ADAM ALERT.—The term ‘‘Code Adam paragraph (B), and by realigning such clauses are amended— alert’’ means a set of procedures used in public so as to have the same indentation as the pre- (1) in section 5K2.0— buildings to alert employees and other users of ceding clauses of subparagraph (B); and (A) by striking ‘‘Under’’ and inserting the fol- the building that a child is missing. (2) in subsection (e), by striking ‘‘Board’’ in lowing: (3) DESIGNATED AUTHORITY.—The term ‘‘des- each of paragraphs (1)(B)(ii), (2)(A), and (3), ‘‘(a) DOWNWARD DEPARTURES IN CRIMINAL ignated authority’’ means— and inserting ‘‘board’’. CASES OTHER THAN CHILD CRIMES AND SEXUAL (A) with respect to a public building owned or (b) AUTHORIZATION OF APPROPRIATIONS.—The OFFENSES.—Under’’; and leased for use by an Executive agency— text of section 214B of such Act (42 U.S.C. 13004) (B) by adding at the end the following: (i) except as otherwise provided in this para- is amended to read as follows: ‘‘(b) DOWNWARD DEPARTURES IN CHILD graph, the Administrator of General Services; ‘‘(a) SECTIONS 213 AND 214.—There are author- CRIMES AND SEXUAL OFFENSES.— (ii) in the case of the John F. Kennedy Center ized to be appropriated to carry out sections 213 ‘‘Under 18 U.S.C. § 3553(b)(2), the sentencing for the Performing Arts, the Board of Trustees and 214, $15,000,000 for each of fiscal years 2004 court may impose a sentence below the range es- of the John F. Kennedy Center for the Per- and 2005. tablished by the applicable guidelines only if the forming Arts; ‘‘(b) SECTION 214A.—There are authorized to court finds that there exists a mitigating cir- (iii) in the case of buildings under the juris- be appropriated to carry out section 214A, cumstance of a kind, or to a degree, that— diction, custody, and control of the Smithsonian $5,000,000 for each of fiscal years 2004 and ‘‘(1) has been affirmatively and specifically Institution, the Board of Regents of the Smith- 2005.’’. identified as a permissible ground of downward sonian Institution; or TITLE IV—SENTENCING REFORM departure in the sentencing guidelines or policy statements issued under section 994(a) of title 28, (iv) in the case of another public building for SEC. 401. SENTENCING REFORM. United States Code, taking account of any which an Executive agency has, by specific or (a) ENFORCEMENT OF SENTENCING GUIDELINES amendments to such sentencing guidelines or general statutory authority, jurisdiction, cus- FOR CHILD ABDUCTION AND SEX OFFENSES.—Sec- policy statements by act of Congress; tody, and control over the building, the head of tion 3553(b) of title 18, United States Code is that agency; ‘‘(2) has not adequately been taken into consid- amended— eration by the Sentencing Commission in formu- (B) with respect to the Supreme Court Build- (1) by striking ‘‘The court’’ and inserting the lating the guidelines; and ing, the Marshal of the Supreme Court; with re- following: spect to the Thurgood Marshall Federal Judici- ‘‘(3) should result in a sentence different from ‘‘(1) IN GENERAL.—Except as provided in para- that described. ary Building, the Director of the Administrative graph (2), the court’’; and Office of United States Courts; and with respect (2) by adding at the end the following: The grounds enumerated in this Part K of chap- to all other public buildings owned or leased for ‘‘(2) CHILD CRIMES AND SEXUAL OFFENSES.— ter 5 are the sole grounds that have been affirm- use by an establishment in the judicial branch ‘‘(A) SENTENCING.—In sentencing a defendant atively and specifically identified as a permis- of government, the General Services Administra- convicted of an offense under section 1201 in- sible ground of downward departure in these tion in consultation with the United States Mar- volving a minor victim, an offense under section sentencing guidelines and policy statements. shals Service; and 1591, or an offense under chapter 71, 109A, 110, Thus, notwithstanding any other reference to (C) with respect to a public building owned or or 117, the court shall impose a sentence of the authority to depart downward elsewhere in this leased for use by an establishment in the legisla- kind, and within the range, referred to in sub- Sentencing Manual, a ground of downward de- tive branch of government, the Capitol Police section (a)(4) unless— parture has not been affirmatively and specifi- Board. ‘‘(i) the court finds that there exists an aggra- cally identified as a permissible ground of down- (4) EXECUTIVE AGENCY.—The term ‘‘Executive vating circumstance of a kind, or to a degree, ward departure within the meaning of section agency’’ has the same meaning such term has not adequately taken into consideration by the 3553(b)(2) unless it is expressly enumerated in under section 105 of title 5, United States Code. Sentencing Commission in formulating the this Part K as a ground upon which a down- (5) FEDERAL AGENCY.—The term ‘‘Federal guidelines that should result in a sentence ward departure may be granted.’’. agency’’ means any Executive agency or any es- greater than that described; (2) At the end of part K of chapter 5, add the tablishment in the legislative or judicial ‘‘(ii) the court finds that there exists a miti- following: branches of the Government. gating circumstance of a kind or to a degree, ‘‘§ 5K2.22 Specific Offender Characteristics as (6) PUBLIC BUILDING.—The term ‘‘public build- that— Grounds for Downward Departure in child ing’’ means any building (or portion thereof) ‘‘(I) has been affirmatively and specifically crimes and sexual offenses (Policy State- owned or leased for use by a Federal agency. identified as a permissible ground of downward ment) SEC. 363. PROCEDURES IN PUBLIC BUILDINGS RE- departure in the sentencing guidelines or policy ‘‘In sentencing a defendant convicted of an of- GARDING A MISSING OR LOST statements issued under section 994(a) of title 28, fense under section 1201 involving a minor vic- CHILD. taking account of any amendments to such sen- tim, an offense under section 1591, or an offense (a) IN GENERAL.—Not later than 180 days tencing guidelines or policy statements by Con- under chapter 71, 109A, 110, or 117 of title 18, after the date of enactment of this Act, the des- gress; United States Code, age may be a reason to im- ignated authority for a public building shall es- ‘‘(II) has not been taken into consideration by pose a sentence below the applicable guideline tablish procedures for locating a child that is the Sentencing Commission in formulating the range only if and to the extent permitted by missing in the building. guidelines; and § 5H1.1. (b) NOTIFICATION AND SEARCH PROCEDURES.— ‘‘(III) should result in a sentence different ‘‘An extraordinary physical impairment may be Procedures established under this section shall from that described; or a reason to impose a sentence below the applica- provide, at a minimum, for the following: ‘‘(iii) the court finds, on motion of the Gov- ble guideline range only if and to the extent per- (1) Notifying security personnel that a child is ernment, that the defendant has provided submitted by § 5H1.4. Drug, alcohol, or gambling de- missing. stantial assistance in the investigation or pros- pendence or abuse is not a reason for imposing (2) Obtaining a detailed description of the ecution of another person who has committed a sentence below the guidelines. child, including name, age, eye and hair color, an offense and that this assistance established a (3) Section 5K2.20 is amended by striking ‘‘A’’ height, weight, clothing, and shoes. mitigating circumstance of a kind, or to a de- and inserting ‘‘Except where a defendant is con- (3) Issuing a Code Adam alert and providing gree, not adequately taken into consideration by victed of an offense under section 1201 involving a description of the child, using a fast and ef- the Sentencing Commission in formulating the a minor victim, an offense under section 1591, or fective means of communication. guidelines that should result in a sentence lower an offense under chapter 71, 109A, 110, or 117 of (4) Establishing a central point of contact. than that described. title 18, United States Code, a’’.

VerDate Jan 31 2003 01:43 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 6333 E:\CR\FM\A09AP7.010 H09PT1 H2956 CONGRESSIONAL RECORD — HOUSE April 9, 2003 (4) Section 5H1.6 is amended by inserting after imposed for an offense for which there is no ap- (B) by adding the following new sentence at the first sentence the following: ‘‘In sentencing plicable sentencing guideline and is plainly un- the end: ‘‘Because the Government is in the best a defendant convicted of an offense under sec- reasonable, it shall state specific reasons for its position to determine whether the defendant has tion 1201 involving a minor victim, an offense conclusions and— assisted authorities in a manner that avoids pre- under section 1591, or an offense under chapter ‘‘(A) if it determines that the sentence is too paring for trial, an adjustment under subsection 71, 109A, 110, or 117 of title 18, United States high and the appeal has been filed under sub- (b) may only be granted upon a formal motion Code, family ties and responsibilities and com- section (a), it shall set aside the sentence and by the Government at the time of sentencing.’’; munity ties are not relevant in determining remand the case for further sentencing pro- and whether a sentence should be below the applica- ceedings with such instructions as the court (3) in the Background to section 3E1.1, by ble guideline range.’’. considers appropriate, subject to subsection (g); striking ‘‘one or more of’’. (5) Section 5K2.13 is amended by— ‘‘(B) if it determines that the sentence is too (h) IMPROVED DATA COLLECTION.—Section (A) striking ‘‘or’’ before ‘‘(3)’’; and low and the appeal has been filed under sub- 994(w) of title 28, United States Code, is amend- (B) replacing ‘‘public’’ with ‘‘public; or (4) the section (b), it shall set aside the sentence and reed to read as follows: defendant has been convicted of an offense mand the case for further sentencing pro- ‘‘(w)(1) The Chief Judge of each district court under chapter 71, 109A, 110, or 117 of title 18, ceedings with such instructions as the court shall ensure that, within 30 days following United States Code.’’. considers appropriate, subject to subsection entry of judgment in every criminal case, the (c) STATEMENT OF REASONS FOR IMPOSING A (g);’’; and sentencing court submits to the Commission a SENTENCE.—Section 3553(c) of title 18, United (D) Section 3742(f)(3) of title 18, United States written report of the sentence, the offense for States Code, is amended— Code, is amended by inserting ‘‘the sentence’’ which it is imposed, the age, race, sex of the of- (1) by striking ‘‘described.’’ and inserting ‘‘de- before ‘‘is not described’’. fender, and information regarding factors made scribed, which reasons must also be stated with (e) IMPOSITION OF SENTENCE UPON REMAND.— relevant by the guidelines. The report shall also specificity in the written order of judgment and Section 3742 of title 18, United States Code, is include— commitment, except to the extent that the court amended by redesignating subsections (g) and ‘‘(A) the judgment and commitment order; relies upon statements received in camera in ac- (h) as subsections (h) and (i) and by inserting ‘‘(B) the statement of reasons for the sentence cordance with Federal Rule of Criminal Proce- the following after subsection (f): imposed (which shall include the reason for any dure 32. In the event that the court relies upon ‘‘(g) SENTENCING UPON REMAND.—A district departure from the otherwise applicable guide- statements received in camera in accordance court to which a case is remanded pursuant to line range); with Federal Rule of Criminal Procedure 32 the subsection (f)(1) or (f)(2) shall resentence a de- ‘‘(C) any plea agreement; court shall state that such statements were so fendant in accordance with section 3553 and ‘‘(D) the indictment or other charging docu- received and that it relied upon the content of with such instructions as may have been given ment; such statements.’’; by the court of appeals, except that— ‘‘(E) the presentence report; and ‘‘(F) any other information as the Commission (2) by inserting ‘‘, together with the order of ‘‘(1) In determining the range referred to in finds appropriate. judgment and commitment,’’ after ‘‘the court’s subsection 3553(a)(4), the court shall apply the ‘‘(2) The Commission shall, upon request, statement of reasons’’; and guidelines issued by the Sentencing Commission make available to the House and Senate Com- (3) by inserting ‘‘and to the Sentencing Com- pursuant to section 994(a)(1) of title 28, United mittees on the Judiciary, the written reports and mission,’’ after ‘‘to the Probation System’’. States Code, and that were in effect on the date all underlying records accompanying those re- (d) REVIEW OF A SENTENCE.— of the previous sentencing of the defendant ports described in this section, as well as other (1) REVIEW OF DEPARTURES.—Section prior to the appeal, together with any amend- 3742(e)(3) of title 18, United States Code, is records received from courts. ments thereto by any act of Congress that was ‘‘(3) The Commission shall submit to Congress amended to read as follows: in effect on such date; and at least annually an analysis of these docu- ‘‘(3) is outside the applicable guideline range, ‘‘(2) The court shall not impose a sentence ments, any recommendations for legislation that and outside the applicable guidelines range except the Commission concludes is warranted by that ‘‘(A) the district court failed to provide the upon a ground that— analysis, and an accounting of those districts written statement of reasons required by section ‘‘(A) was specifically and affirmatively in- that the Commission believes have not submitted 3553(c); cluded in the written statement of reasons re- the appropriate information and documents re- ‘‘(B) the sentence departs from the applicable quired by section 3553(c) in connection with the quired by this section. guideline range based on a factor that— previous sentencing of the defendant prior to ‘‘(i) does not advance the objectives set forth ‘‘(4) The Commission shall make available to the appeal; and the Attorney General, upon request, such data in section 3553(a)(2); or ‘‘(B) was held by the court of appeals, in re- files as the Commission may assemble or main- ‘‘(ii) is not authorized under section 3553(b); manding the case, to be a permissible ground of tain in electronic form that include any infor- or departure.’’. mation submitted under paragraph (1). Such ‘‘(iii) is not justified by the facts of the case; (f) DEFINITIONS.—Section 3742 of title 18, data files shall be made available in electronic or United States Code, as amended by subsection form and shall include all data fields requested, ‘‘(C) the sentence departs to an unreasonable (e), is further amended by adding at the end the including the identity of the sentencing judge.’’. degree from the applicable guidelines range, following: (i) SENTENCING GUIDELINES AMENDMENTS.—(1) having regard for the factors to be considered in ‘‘(j) DEFINITIONS.—For purposes of this sec- Subject to subsection (j), the Guidelines Manual imposing a sentence, as set forth in section tion— promulgated by the Sentencing Commission pur- 3553(a) of this title and the reasons for the impo- ‘‘(1) a factor is a ‘permissible’ ground of de- suant to section 994(a) of title 28, United States sition of the particular sentence, as stated by parture if it— Code, is amended as follows: the district court pursuant to the provisions of ‘‘(A) advances the objectives set forth in sec- (A) Application Note 4(b)(i) to section 4B1.5 is section 3553(c); or’’. tion 3553(a)(2); and amended to read as follows: (2) STANDARD OF REVIEW.—The last para- ‘‘(B) is authorized under section 3553(b); and ‘‘(i) IN GENERAL.—For purposes of subsection graph of section 3742(e) of title 18, United States ‘‘(C) is justified by the facts of the case; and (b), the defendant engaged in a pattern of activ- Code, is amended by striking ‘‘shall give due ‘‘(2) a factor is an ‘impermissible’ ground of ity involving prohibited sexual conduct if on at deference to the district court’s application of departure if it is not a permissible factor within least two separate occasions, the defendant en- the guidelines to the facts’’ and inserting ‘‘, ex- the meaning of subsection (j)(1).’’. gaged in prohibited sexual conduct with a cept with respect to determinations under sub- (g) REFORM OF GUIDELINES GOVERNING AC- minor.’’. section (3)(A) or (3)(B), shall give due deference CEPTANCE OF RESPONSIBILITY.—Subject to sub- (B) Section 2G2.4(b) is amended by adding at to the district court’s application of the guide- section (j), the Guidelines Manual promulgated the end the following: lines to the facts. With respect to determinations by the Sentencing Commission pursuant to sec- ‘‘(4) If the offense involved material that por- under subsection (3)(A) or (3)(B), the court of tion 994(a) of title 28, United States Code, is trays sadistic or masochistic conduct or other appeals shall review de novo the district court’s amended— depictions of violence, increase by 4 levels. application of the guidelines to the facts’’. (1) in section 3E1.1(b)— ‘‘(5) If the offense involved— (3) DECISION AND DISPOSITION.— (A) by inserting ‘‘upon motion of the govern- ‘‘(A) at least 10 images, but fewer than 150, in- (A) The first paragraph of section 3742(f) of ment stating that’’ immediately before ‘‘the decrease by 2 levels; title 18, United States Code, is amended by strik- fendant has assisted authorities’’; and ‘‘(B) at least 150 images, but fewer than 300, ing ‘‘the sentence’’; (B) by striking ‘‘taking one or more’’ and all increase by 3 levels; (B) Section 3742(f)(1) of title 18, United States that follows through and including ‘‘additional ‘‘(C) at least 300 images, but fewer than 600, Code, is amended by inserting ‘‘the sentence’’ level’’ and insert ‘‘timely notifying authorities increase by 4 levels; and before ‘‘was imposed’’; of his intention to enter a plea of guilty, thereby ‘‘(D) 600 or more images, increase by 5 lev- (C) Section 3742(f)(2) of title 18, United States permitting the government to avoid preparing els.’’. Code, is amended to read as follows: for trial and permitting the government and the (C) Section 2G2.2(b) is amended by adding at ‘‘(2) the sentence is outside the applicable court to allocate their resources efficiently, de- the end the following: guideline range and the district court failed to crease the offense level by 1 additional level’’; ‘‘(6) If the offense involved— provide the required statement of reasons in the (2) in the Application Notes to the Com- ‘‘(A) at least 10 images, but fewer than 150, in- order of judgment and commitment, or the de- mentary to section 3E1.1, by amending Applica- crease by 2 levels; parture is based on an impermissible factor, or is tion Note 6— ‘‘(B) at least 150 images, but fewer than 300, to an unreasonable degree, or the sentence was (A) by striking ‘‘one or both of’’; and increase by 3 levels;

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‘‘(C) at least 300 images, but fewer than 600, (1) DEFINED TERM.—For purposes of this sec- (C) any other conforming amendments to the increase by 4 levels; and tion, the term ‘‘report described in paragraph sentencing guidelines, policy statements, and of- ‘‘(D) 600 or more images, increase by 5 lev- (3)’’ means a report, submitted by the Attorney ficial commentary of the Sentencing Commission els.’’. General, which states in detail the policies and necessitated by this Act, including a revision of (2) The Sentencing Commission shall amend procedures that the Department of Justice has paragraph 4(b) of part A of chapter 1 and a re- the Sentencing Guidelines to ensure that the adopted subsequent to the enactment of this vision of section 5K2.0. Guidelines adequately reflect the seriousness of Act— (n) COMPOSITION OF SENTENCING COMMIS- the offenses under sections 2243(b), 2244(a)(4), (A) to ensure that Department of Justice at- SION.— and 2244(b) of title 18, United States Code. torneys oppose sentencing adjustments, includ- (1) IN GENERAL.—Section 991(a) of title 28, (j) CONFORMING AMENDMENTS.— ing downward departures, that are not sup- United States Code, is amended by striking ‘‘At (1) Upon enactment of this Act, the Sen- ported by the facts and the law; least three’’ and inserting ‘‘Not more than 3’’. tencing Commission shall forthwith distribute to (B) to ensure that Department of Justice at- (2) APPLICABILITY.—The amendment made all courts of the United States and to the United torneys in such cases make a sufficient record so under paragraph (1) shall not apply to any per- States Probation System the amendments made as to permit the possibility of an appeal; son who is serving, or who has been nominated by subsections (b), (g), and (i) of this section to (C) to delineate objective criteria, specified by to serve, as a member of the Sentencing Commis- the sentencing guidelines, policy statements, the Attorney General, as to which such cases sion on the date of enactment of this Act. and official commentary of the Sentencing Com- may warrant consideration of an appeal, either TITLE V—OBSCENITY AND PORNOGRAPHY mission. These amendments shall take effect because of the nature or magnitude of the sen- Subtitle A—Child Obscenity and Pornography upon the date of enactment of this Act, in ac- tencing error, its prevalence in the district, or its Prevention cordance with paragraph (5). prevalence with respect to a particular judge; (2) On or before May 1, 2005, the Sentencing (D) to ensure that Department of Justice at- SEC. 501. FINDINGS. Commission shall not promulgate any amend- torneys promptly notify the designated Depart- Congress finds the following: ment to the sentencing guidelines, policy statement of Justice component in Washington con- (1) Obscenity and child pornography are not ments, or official commentary of the Sentencing cerning such adverse sentencing decisions; and entitled to protection under the First Amend- Commission that is inconsistent with any (E) to ensure the vigorous pursuit of appro- ment under Miller v. California, 413 U.S. 15 amendment made by subsection (b) or that adds priate and meritorious appeals of such adverse (1973) (obscenity), or New York v. Ferber, 458 any new grounds of downward departure to decisions. U.S. 747 (1982) (child pornography) and thus Part K of chapter 5. (2) REPORT REQUIRED.— may be prohibited. (3) With respect to cases covered by the (A) IN GENERAL.—Not later than 15 days after (2) The Government has a compelling state in- amendments made by subsection (i) of this sec- a district court’s grant of a downward departure terest in protecting children from those who sex- tion, the Sentencing Commission may make fur- in any case, other than a case involving a ually exploit them, including both child molest- ther amendments to the sentencing guidelines, downward departure for substantial assistance ers and child pornographers. ‘‘The prevention of policy statements, or official commentary of the to authorities pursuant to section 5K1.1 of the sexual exploitation and abuse of children con- Sentencing Commission, except that the Commis- United States Sentencing Guidelines, the Attor- stitutes a government objective of surpassing im- sion shall not promulgate any amendments that, ney General shall submit a report to the Com- portance,’’ New York v. Ferber, 458 U.S. 747, 757 with respect to such cases, would result in sen- mittees on the Judiciary of the House of Rep- (1982), and this interest extends to stamping out tencing ranges that are lower than those that resentatives and the Senate containing the in- the vice of child pornography at all levels in the would have applied under such subsection. formation described under subparagraph (B). distribution chain. Osborne v. Ohio, 495 U.S. (4) At no time may the Commission promulgate (B) CONTENTS.—The report submitted pursu- 103, 110 (1990). any amendment that would alter or repeal the ant to subparagraph (A) shall set forth— (3) The Government thus has a compelling in- (i) the case; amendments made by subsection (g) of this sec- terest in ensuring that the criminal prohibitions (ii) the facts involved; against child pornography remain enforceable tion. (iii) the identity of the district court judge; and effective. ‘‘The most expeditious if not the (5) Section 3553(a) of title 18, United States (iv) the district court’s stated reasons, wheth- only practical method of law enforcement may Code, is amended— er or not the court provided the United States be to dry up the market for this material by im- (A) by amending paragraph (4)(A) to read as with advance notice of its intention to depart; posing severe criminal penalties on persons sell- follows: and ‘‘(A) the applicable category of offense com- (v) the position of the parties with respect to ing, advertising, or otherwise promoting the mitted by the applicable category of defendant the downward departure, whether or not the product.’’ Ferber, 458 U.S. at 760. as set forth in the guidelines— United States has filed, or intends to file, a mo- (4) In 1982, when the Supreme Court decided ‘‘(i) issued by the Sentencing Commission pur- tion for reconsideration. Ferber, the technology did not exist to: suant to section 994(a)(1) of title 28, United (C) APPEAL OF THE DEPARTURE.—Not later (A) computer generate depictions of children States Code, subject to any amendments made to than 5 days after a decision by the Solicitor that are indistinguishable from depictions of such guidelines by act of Congress (regardless of General regarding the authorization of an ap- real children; whether such amendments have yet to be incor- peal of the departure, the Attorney General (B) use parts of images of real children to cre- porated by the Sentencing Commission into shall submit a report to the Committees on the ate a composite image that is unidentifiable as amendments issued under section 994(p) of title Judiciary of the House of Representatives and a particular child and in a way that prevents 28); and the Senate that describes the decision of the So- even an expert from concluding that parts of im- ‘‘(ii) that, except as provided in section licitor General and the basis for such decision. ages of real children were used; or 3742(g), are in effect on the date the defendant (3) EFFECTIVE DATE.—Paragraph (2) shall (C) disguise pictures of real children being is sentenced; or’’; take effect on the day that is 91 days after the abused by making the image look computer-gen- (B) in paragraph (4)(B), by inserting ‘‘, taking date of enactment of this Act, except that such erated. into account any amendments made to such paragraph shall not take effect if not more than (5) Evidence submitted to the Congress, in- guidelines or policy statements by act of Con- 90 days after the date of enactment of this Act cluding from the National Center for Missing gress (regardless of whether such amendments the Attorney General has submitted to the Judi- and Exploited Children, demonstrates that tech- have yet to be incorporated by the Sentencing ciary Committees of the House of Representa- nology already exists to disguise depictions of Commission into amendments issued under sec- tives and the Senate the report described in real children to make them unidentifiable and to tion 994(p) of title 28)’’ after ‘‘Code’’; paragraph (3). make depictions of real children appear com- (C) by amending paragraph (5) to read as fol- (m) REFORM OF EXISTING PERMISSIBLE puter-generated. The technology will soon exist, lows: GROUNDS OF DOWNWARD DEPARTURES.—Not if it does not already, to computer generate real- ‘‘(5) any pertinent policy statement— later than 180 days after the enactment of this istic images of children. ‘‘(A) issued by the Sentencing Commission Act, the United States Sentencing Commission (6) The vast majority of child pornography pursuant to section 994(a)(2) of title 28, United shall— prosecutions today involve images contained on States Code, subject to any amendments made to (1) review the grounds of downward departure computer hard drives, computer disks, and/or re- such policy statement by act of Congress (re- that are authorized by the sentencing guide- lated media. gardless of whether such amendments have yet lines, policy statements, and official com- (7) There is no substantial evidence that any to be incorporated by the Sentencing Commis- mentary of the Sentencing Commission; and of the child pornography images being traf- sion into amendments issued under section (2) promulgate, pursuant to section 994 of title ficked today were made other than by the abuse 994(p) of title 28); and 28, United States Code— of real children. Nevertheless, technological ad- ‘‘(B) that, except as provided in section (A) appropriate amendments to the sentencing vances since Ferber have led many criminal de- 3742(g), is in effect on the date the defendant is guidelines, policy statements, and official com- fendants to suggest that the images of child por- sentenced.’’. mentary to ensure that the incidence of down- nography they possess are not those of real chil- (k) COMPLIANCE WITH STATUTE.—Section ward departures are substantially reduced; dren, insisting that the government prove be- 994(a) of title 28, United States Code, is amended (B) a policy statement authorizing a down- yond a reasonable doubt that the images are not by striking ‘‘consistent with all pertinent provi- ward departure of not more than 4 levels if the computer-generated. Such challenges increased sions of this title and title 18, United States Government files a motion for such departure significantly after the decision in Ashcroft v. Code,’’ and inserting ‘‘consistent with all perti- pursuant to an early disposition program au- Free Speech Coalition, 535 U.S. 234 (2002). nent provisions of any Federal statute’’. thorized by the Attorney General and the (8) Child pornography circulating on the (l) REPORT BY ATTORNEY GENERAL.— United States Attorney; and Internet has, by definition, been digitally

VerDate Jan 31 2003 01:43 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 6333 E:\CR\FM\A09AP7.015 H09PT1 H2958 CONGRESSIONAL RECORD — HOUSE April 9, 2003 uploaded or scanned into computers and has sion, receipt, and distribution of child pornog- volves child pornography as described in section been transferred over the Internet, often in dif- raphy for all except the original producers of 2256(8)(C). A defendant may not assert an af- ferent file formats, from trafficker to trafficker. the material. firmative defense to a charge of violating para- An image seized from a collector of child por- (14) To avoid this grave threat to the Govern- graph (1), (2), (3)(A), (4), or (5) of subsection (a) nography is rarely a first-generation product, ment’s unquestioned compelling interest in ef- unless, within the time provided for filing pre- and the retransmission of images can alter the fective enforcement of the child pornography trial motions or at such time prior to trial as the image so as to make it difficult for even an ex- laws that protect real children, a statute must judge may direct, but in no event later than 10 pert conclusively to opine that a particular be adopted that prohibits a narrowly-defined days before the commencement of the trial, the image depicts a real child. If the original image subcategory of images. defendant provides the court and the United has been scanned from a paper version into a (15) The Supreme Court’s 1982 Ferber v. New States with notice of the intent to assert such digital format, this task can be even harder York decision holding that child pornography defense and the substance of any expert or other since proper forensic assessment may depend on was not protected drove child pornography off specialized testimony or evidence upon which the quality of the image scanned and the tools the shelves of adult bookstores. Congressional the defendant intends to rely. If the defendant used to scan it. action is necessary now to ensure that open and fails to comply with this subsection, the court (9) The impact of the Free Speech Coalition notorious trafficking in such materials does not shall, absent a finding of extraordinary cir- decision on the Government’s ability to pros- reappear, and even increase, on the Internet. cumstances that prevented timely compliance, ecute child pornography offenders is already SEC. 502. IMPROVEMENTS TO PROHIBITION ON prohibit the defendant from asserting such de- evident. The Ninth Circuit has seen a signifi- VIRTUAL CHILD PORNOGRAPHY. fense to a charge of violating paragraph (1), (2), cant adverse effect on prosecutions since the (a) Section 2256(8) of title 18, United States (3)(A), (4), or (5) of subsection (a) or presenting 1999 Ninth Circuit Court of Appeals decision in Code, is amended— any evidence for which the defendant has failed Free Speech Coalition. After that decision, pros- (1) so that subparagraph (B) reads as follows: to provide proper and timely notice.’’. ecutions generally have been brought in the ‘‘(B) such visual depiction is a digital image, SEC. 503. CERTAIN ACTIVITIES RELATING TO MA- Ninth Circuit only in the most clear-cut cases in computer image, or computer-generated image TERIAL CONSTITUTING OR CON- which the government can specifically identify that is, or is indistinguishable from, that of a TAINING CHILD PORNOGRAPHY. the child in the depiction or otherwise identify minor engaging in sexually explicit conduct; Section 2252A of title 18, United States Code, the origin of the image. This is a fraction of or’’: is amended— meritorious child pornography cases. The Na- (2) by striking ‘‘; or’’ at the end of subpara- (1) in subsection (a)— tional Center for Missing and Exploited Chil- graph (C) and inserting a period; and (A) by striking paragraph (3) and inserting dren testified that, in light of the Supreme (3) by striking subparagraph (D). the following: Court’s affirmation of the Ninth Circuit deci- (b) Section 2256(2) of title 18, United States ‘‘(3) knowingly— sion, prosecutors in various parts of the country Code, is amended to read as follows: ‘‘(A) reproduces any child pornography for have expressed concern about the continued via- ‘‘(2)(A) Except as provided in subparagraph distribution through the mails, or in interstate bility of previously indicted cases as well as de- (B), ‘sexually explicit conduct’ means actual or or foreign commerce by any means, including by clined potentially meritorious prosecutions. simulated— computer; or (10) Since the Supreme Court’s decision in ‘‘(i) sexual intercourse, including genital-gen- ‘‘(B) advertises, promotes, presents, distrib- Free Speech Coalition, defendants in child por- ital, oral-genital, anal-genital, or oral-anal, utes, or solicits through the mails, or in inter- nography cases have almost universally raised whether between persons of the same or opposite state or foreign commerce by any means, includ- the contention that the images in question could sex; ing by computer, any material or purported ma- ‘‘(ii) bestiality; be virtual, thereby requiring the government, in terial in a manner that reflects the belief, or nearly every child pornography prosecution, to ‘‘(iii) masturbation; ‘‘(iv) sadistic or masochistic abuse; or that is intended to cause another to believe, that find proof that the child is real. Some of these ‘‘(v) lascivious exhibition of the genitals or the material or purported material is, or con- defense efforts have already been successful. In pubic area of any person; tains— addition, the number of prosecutions being ‘‘(B) For purposes of subsection 8(B) of this ‘‘(i) an obscene visual depiction of a minor en- brought has been significantly and adversely af- section, ‘sexually explicit conduct’ means— gaging in sexually explicit conduct; or fected as the resources required to be dedicated ‘‘(i) graphic sexual intercourse, including gen- ‘‘(ii) a visual depiction of an actual minor en- to each child pornography case now are signifi- ital-genital, oral-genital, anal-genital, or oral- gaging in sexually explicit conduct;’’; cantly higher than ever before. anal, whether between persons of the same or (B) in paragraph (4), by striking ‘‘or’’ at the (11) Leading experts agree that, to the extent opposite sex, or lascivious simulated sexual end; that the technology exists to computer generate intercourse where the genitals, breast, or pubic (C) in paragraph (5), by striking the comma at realistic images of child pornography, the cost area of any person is exhibited; the end and inserting ‘‘; or’’; and in terms of time, money, and expertise is—and ‘‘(ii) graphic or lascivious simulated; (D) by adding after paragraph (5) the fol- for the foreseeable future will remain—prohibi- ‘‘(I) bestiality; lowing: tively expensive. As a result, for the foreseeable ‘‘(II) masturbation; or ‘‘(6) knowingly distributes, offers, sends, or future, it will be more cost-effective to produce ‘‘(III) sadistic or masochistic abuse; or provides to a minor any visual depiction, in- child pornography using real children. It will ‘‘(iii) graphic or simulated lascivious exhi- cluding any photograph, film, video, picture, or not, however, be difficult or expensive to use bition of the genitals or pubic area of any per- computer generated image or picture, whether readily available technology to disguise those son;’’. made or produced by electronic, mechanical, or depictions of real children to make them uniden- (c) Section 2256 is amended by inserting at the other means, where such visual depiction is, or tifiable or to make them appear computer-gen- end the following new paragraphs: appears to be, of a minor engaging in sexually erated. ‘‘(10) ‘graphic’, when used with respect to a explicit conduct— (12) Child pornography results from the abuse depiction of sexually explicit conduct, means ‘‘(A) that has been mailed, shipped, or trans- of real children by sex offenders; the production that a viewer can observe any part of the geni- ported in interstate or foreign commerce by any of child pornography is a byproduct of, and not tals or pubic area of any depicted person or ani- means, including by computer; the primary reason for, the sexual abuse of chil- mal during any part of the time that the sexu- ‘‘(B) that was produced using materials that dren. There is no evidence that the future devel- ally explicit conduct is being depicted; and have been mailed, shipped, or transported in opment of easy and inexpensive means of com- ‘‘(11) the term ‘indistinguishable’ used with interstate or foreign commerce by any means, puter generating realistic images of children respect to a depiction, means virtually indistin- including by computer; or would stop or even reduce the sexual abuse of guishable, in that the depiction is such that an ‘‘(C) which distribution, offer, sending, or real children or the practice of visually record- ordinary person viewing the depiction would provision is accomplished using the mails or by ing that abuse. conclude that the depiction is of an actual transmitting or causing to be transmitted any (13) In the absence of congressional action, minor engaged in sexually explicit conduct. This wire communication in interstate or foreign the difficulties in enforcing the child pornog- definition does not apply to depictions that are commerce, including by computer, raphy laws will continue to grow increasingly drawings, cartoons, sculptures, or paintings de- for purposes of inducing or persuading a minor worse. The mere prospect that the technology picting minors or adults.’’. to participate in any activity that is illegal.’’; exists to create composite or computer-generated (d) Section 2252A(c) of title 18, United States and depictions that are indistinguishable from depic- Code, is amended to read as follows: (2) in subsection (b)(1), by striking ‘‘para- tions of real children will allow defendants who ‘‘(c) It shall be an affirmative defense to a graphs (1), (2), (3), or (4)’’ and inserting ‘‘para- possess images of real children to escape pros- charge of violating paragraph (1), (2), (3)(A), graph (1), (2), (3), (4), or (6)’’. ecution; for it threatens to create a reasonable (4), or (5) of subsection (a) that— SEC. 504. OBSCENE CHILD PORNOGRAPHY. doubt in every case of computer images even ‘‘(1)(A) the alleged child pornography was (a) IN GENERAL.—Chapter 71 of title 18, when a real child was abused. This threatens to produced using an actual person or persons en- United States Code, is amended by inserting render child pornography laws that protect real gaging in sexually explicit conduct; and after section 1466 the following: children unenforceable. Moreover, imposing an ‘‘(B) each such person was an adult at the additional requirement that the Government time the material was produced; or ‘‘§ 1466A. Obscene visual representations of prove beyond a reasonable doubt that the de- ‘‘(2) the alleged child pornography was not the sexual abuse of children fendant knew that the image was in fact a real produced using any actual minor or minors. ‘‘(a) IN GENERAL.—Any person who, in a cir- child—as some courts have done—threatens to No affirmative defense under subsection (c)(2) cumstance described in subsection (d), know- result in the de facto legalization of the posses- shall be available in any prosecution that in- ingly produces, distributes, receives, or possesses

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with intent to distribute, a visual depiction of ‘‘(f) DEFINITIONS.—For purposes of this sec- sessions, by any means, including by computer any kind, including a drawing, cartoon, sculp- tion— or mail.’’. ture, or painting, that— ‘‘(1) the term ‘visual depiction’ includes unde- SEC. 507. STRENGTHENING ENHANCED PEN- ‘‘(1)(A) depicts a minor engaging in sexually veloped film and videotape, and data stored on ALTIES FOR REPEAT OFFENDERS. explicit conduct; and a computer disk or by electronic means which is Sections 2251(e) (as redesignated by section ‘‘(B) is obscene; or capable of conversion into a visual image, and 506(2)), 2252(b), and 2252A(b) of title 18, United ‘‘(2)(A) depicts an image that is, or appears to also includes any photograph, film, video, pic- States Code, are each amended— be, of a minor engaging in graphic bestiality, sa- ture, digital image or picture, computer image or (1) by inserting ‘‘chapter 71,’’ immediately be- distic or masochistic abuse, or sexual inter- picture, or computer generated image or picture, fore each occurrence of ‘‘chapter 109A,’’; and course, including genital-genital, oral-genital, whether made or produced by electronic, me- (2) by inserting ‘‘or under section 920 of title anal-genital, or oral-anal, whether between per- chanical, or other means; 10 (article 120 of the Uniform Code of Military sons of the same or opposite sex; and ‘‘(2) the term ‘sexually explicit conduct’ has Justice),’’ immediately before each occurrence of ‘‘(B) lacks serious literary, artistic, political, the meaning given the term in section 2256(2)(A) ‘‘or under the laws’’. or scientific value; or 2256(2)(B); and SEC. 508. SERVICE PROVIDER REPORTING OF or attempts or conspires to do so, shall be sub- ‘‘(3) the term ‘graphic’, when used with re- CHILD PORNOGRAPHY AND RE- LATED INFORMATION. ject to the penalties provided in section spect to a depiction of sexually explicit conduct, (a) Section 227 of the Victims of Child Abuse 2252A(b)(1), including the penalties provided for means that a viewer can observe any part of the Act of 1990 (42 U.S.C. 13032) is amended— cases involving a prior conviction. genitals or pubic area of any depicted person or animal during any part of the time that the sex- (1) in subsection (b)(1)— ‘‘(b) ADDITIONAL OFFENSES.—Any person (A) by inserting ‘‘2252B,’’ after ‘‘2252A,’’; and who, in a circumstance described in subsection ually explicit conduct is being depicted.’’. (b) TECHNICAL AND CONFORMING AMEND- (B) by inserting ‘‘or a violation of section (d), knowingly possesses a visual depiction of MENT.—The table of sections at the beginning of 1466A of that title,’’ after ‘‘of that title),’’; any kind, including a drawing, cartoon, sculp- such chapter is amended by inserting after the (2) in subsection (c), by inserting ‘‘or pursu- ture, or painting, that— item relating to section 1466 the following new ant to’’ after ‘‘to comply with’’; ‘‘(1)(A) depicts a minor engaging in sexually item: (3) by amending subsection (f)(1)(D) to read as explicit conduct; and follows: ‘‘(B) is obscene; or ‘‘1466A. Obscene visual representations of the ‘‘(D) where the report discloses a violation of ‘‘(2)(A) depicts an image that is, or appears to sexual abuse of children.’’. State criminal law, to an appropriate official of be, of a minor engaging in graphic bestiality, sa- (c) SENTENCING GUIDELINES.— a State or subdivision of a State for the purpose distic or masochistic abuse, or sexual inter- (1) CATEGORY.—Except as provided in para- of enforcing such State law.’’; course, including genital-genital, oral-genital, graph (2), the applicable category of offense to (4) by redesignating paragraph (3) of sub- anal-genital, or oral-anal, whether between per- be used in determining the sentencing range re- section (b) as paragraph (4); and sons of the same or opposite sex; and ferred to in section 3553(a)(4) of title 18, United (5) by inserting after paragraph (2) of sub- ‘‘(B) lacks serious literary, artistic, political, States Code, with respect to any person con- section (b) the following new paragraph: or scientific value; victed under section 1466A of such title, shall be ‘‘(3) In addition to forwarding such reports to or attempts or conspires to do so, shall be sub- the category of offenses described in section those agencies designated in subsection (b)(2), ject to the penalties provided in section 2G2.2 of the Sentencing Guidelines. the National Center for Missing and Exploited (2) RANGES.—The Sentencing Commission may 2252A(b)(2), including the penalties provided for Children is authorized to forward any such re- promulgate guidelines specifically governing of- cases involving a prior conviction. port to an appropriate official of a state or sub- fenses under section 1466A of title 18, United ‘‘(c) NONREQUIRED ELEMENT OF OFFENSE.—It division of a state for the purpose of enforcing States Code, if such guidelines do not result in is not a required element of any offense under state criminal law.’’. sentencing ranges that are lower than those this section that the minor depicted actually (b) Section 2702 of title 18, United States Code, that would have applied under paragraph (1). exist. is amended— (1) in subsection (b)— ‘‘(d) CIRCUMSTANCES.—The circumstance re- SEC. 505. ADMISSIBILITY OF EVIDENCE. (A) in paragraph (6), by striking subpara- ferred to in subsections (a) and (b) is that— Section 2252A of title 18, United States Code, graph (B); ‘‘(1) any communication involved in or made is amended by adding at the end the following: (B) by redesignating paragraphs (6) and (7) as in furtherance of the offense is communicated or ‘‘(e) ADMISSIBILITY OF EVIDENCE.—On motion of the government, in any prosecution under paragraphs (7) and (8) respectively; transported by the mail, or in interstate or for- (C) by striking ‘‘or’’ at the end of paragraph eign commerce by any means, including by com- this chapter or section 1466A, except for good cause shown, the name, address, social security (5); and puter, or any means or instrumentality of inter- (D) by inserting after paragraph (5) the fol- state or foreign commerce is otherwise used in number, or other nonphysical identifying information, other than the age or approximate age, lowing new paragraph: committing or in furtherance of the commission ‘‘(6) to the National Center for Missing and of the offense; of any minor who is depicted in any child pornography shall not be admissible and may be re- Exploited Children, in connection with a report ‘‘(2) any communication involved in or made submitted thereto under section 227 of the Vic- in furtherance of the offense contemplates the dacted from any otherwise admissible evidence, and the jury shall be instructed, upon request of tims of Child Abuse Act of 1990 (42 U.S.C. transmission or transportation of a visual depic- 13032);’’; and tion by the mail, or in interstate or foreign com- the United States, that it can draw no inference from the absence of such evidence in deciding (2) in subsection (c)— merce by any means, including by computer; (A) by striking ‘‘or’’ at the end of paragraph ‘‘(3) any person travels or is transported in whether the child pornography depicts an actual minor.’’. (4); interstate or foreign commerce in the course of (B) by redesignating paragraph (5) as para- the commission or in furtherance of the commis- SEC. 506. EXTRATERRITORIAL PRODUCTION OF graph (6); and sion of the offense; CHILD PORNOGRAPHY FOR DIS- TRIBUTION IN THE UNITED STATES. (C) by adding after paragraph (4) the fol- ‘‘(4) any visual depiction involved in the of- Section 2251 of title 18, United States Code, is lowing new paragraph: fense has been mailed, or has been shipped or ‘‘(5) to the National Center for Missing and amended— transported in interstate or foreign commerce by (1) by striking ‘‘subsection (d)’’ each place Exploited Children, in connection with a report any means, including by computer, or was pro- that term appears and inserting ‘‘subsection submitted thereto under section 227 of the Vic- duced using materials that have been mailed, or (e)’’; tims of Child Abuse Act of 1990 (42 U.S.C. 13032); that have been shipped or transported in inter- (2) by redesignating subsections (c) and (d) as or’’. state or foreign commerce by any means, includ- subsections (d) and (e), respectively; and SEC. 509. INVESTIGATIVE AUTHORITY RELATING ing by computer; or (3) by inserting after subsection (b) the fol- TO CHILD PORNOGRAPHY. ‘‘(5) the offense is committed in the special lowing: Section 3486(a)(1)(C)(i) of title 18, United maritime and territorial jurisdiction of the ‘‘(c)(1) Any person who, in a circumstance de- States Code, is amended by striking ‘‘the name, United States or in any territory or possession of scribed in paragraph (2), employs, uses, per- address’’ and all that follows through ‘‘sub- the United States. suades, induces, entices, or coerces any minor to scriber or customer utilized’’ and inserting ‘‘the ‘‘(e) AFFIRMATIVE DEFENSE.—It shall be an engage in, or who has a minor assist any other information specified in section 2703(c)(2)’’. affirmative defense to a charge of violating sub- person to engage in, any sexually explicit con- SEC. 510. CIVIL REMEDIES. section (b) that the defendant— duct outside of the United States, its territories Section 2252A of title 18, United States Code, ‘‘(1) possessed less than 3 such visual depic- or possessions, for the purpose of producing any as amended by this Act, is amended by adding tions; and visual depiction of such conduct, shall be pun- at the end the following: ‘‘(2) promptly and in good faith, and without ished as provided under subsection (e). ‘‘(f) CIVIL REMEDIES.— retaining or allowing any person, other than a ‘‘(2) The circumstance referred to in para- ‘‘(1) IN GENERAL.—Any person aggrieved by law enforcement agency, to access any such vis- graph (1) is that— reason of the conduct prohibited under sub- ual depiction— ‘‘(A) the person intends such visual depiction section (a) or (b) or section 1466A may commence ‘‘(A) took reasonable steps to destroy each to be transported to the United States, its terri- a civil action for the relief set forth in para- such visual depiction; or tories or possessions, by any means, including graph (2). ‘‘(B) reported the matter to a law enforcement by computer or mail; or ‘‘(2) RELIEF.—In any action commenced in ac- agency and afforded that agency access to each ‘‘(B) the person transports such visual depic- cordance with paragraph (1), the court may such visual depiction. tion to the United States, its territories or pos- award appropriate relief, including—

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‘‘(A) temporary, preliminary, or permanent in- to deter and punish conduct that involves a vio- (b) CLERICAL AMENDMENT.—The table of sec- junctive relief; lation of paragraph (3)(B) or (6) of section tions at the beginning of chapter 1 of title 18, ‘‘(B) compensatory and punitive damages; 2252A(a) of title 18, United States Code, as cre- United States Code, is amended by adding at the and ated by this Act. With respect to the guidelines end the following: ‘‘(C) the costs of the civil action and reason- for section 2252A(a)(3)(B), the Commission shall ‘‘25. Use of minors in crimes of violence.’’. able fees for attorneys and expert witnesses.’’. consider the relative culpability of promoting, SEC. 602. SENSE OF CONGRESS. presenting, describing, or distributing material SEC. 511. RECORDKEEPING REQUIREMENTS. (a) FOCUS OF INVESTIGATION AND PROSECU- in violation of that section as compared with so- (a) IN GENERAL.—Section 2257 of title 18, TION.—It is the sense of Congress that the Child United States Code, is amended— licitation of such material. Exploitation and Obscenity Section of the Crimi- (1) in subsection (d)(2), by striking ‘‘of this Subtitle B—Truth in Domain Names nal Division of the Department of Justice should section’’ and inserting ‘‘of this chapter or chap- SEC. 521. MISLEADING DOMAIN NAMES ON THE focus its investigative and prosecutorial efforts ter 71,’’; INTERNET. on major producers, distributors, and sellers of (2) in subsection (h)(3), by inserting ‘‘, com- (a) IN GENERAL.—Chapter 110 of title 18, obscene material and child pornography that puter generated image, digital image, or pic- United States Code, is amended by inserting use misleading methods to market their material ture,’’ after ‘‘video tape’’; and after section 2252A the following: to children. (3) in subsection (i)— ‘‘§ 2252B. Misleading domain names on the (b) VOLUNTARY LIMITATION ON WEBSITE (A) by striking ‘‘not more than 2 years’’ and Internet FRONT PAGES.—It is the sense of Congress that inserting ‘‘not more than 5 years’’; and the online commercial adult entertainment in- ‘‘(a) Whoever knowingly uses a misleading do- (B) by striking ‘‘5 years’’ and inserting ‘‘10 dustry should voluntarily refrain from placing main name on the Internet with the intent to years’’. obscenity, child pornography, or material that is deceive a person into viewing material consti- (b) REPORT.—Not later than 1 year after en- harmful to minors on the front pages of their tuting obscenity shall be fined under this title or actment of this Act, the Attorney General shall websites to protect juveniles from material that imprisoned not more than 2 years, or both. submit to Congress a report detailing the num- may negatively impact their social, moral, and ‘‘(b) Whoever knowingly uses a misleading do- ber of times since January 1993 that the Depart- psychological development. ment of Justice has inspected the records of any main name on the Internet with the intent to deceive a minor into viewing material that is SEC. 603. COMMUNICATIONS DECENCY ACT OF producer of materials regulated pursuant to sec- 1996. harmful to minors on the Internet shall be fined tion 2257 of title 18, United States Code, and sec- Section 223 of the Communications Act of 1934 under this title or imprisoned not more than 4 tion 75 of title 28 of the Code of Federal Regula- (47 U.S.C. 223) is amended— tions. The Attorney General shall indicate the years, or both. (1) in subsection (a)(1)— ‘‘(c) For the purposes of this section, a domain number of violations prosecuted as a result of (A) in subparagraph (A), by striking ‘‘, lewd, name that includes a word or words to indicate those inspections. lascivious, filthy, or indecent’’ and inserting ‘‘or the sexual content of the site, such as ‘sex’ or SEC. 512. SENTENCING ENHANCEMENTS FOR child pornography’’; and ‘porn’, is not misleading. (B) in subparagraph (B), by striking ‘‘inde- INTERSTATE TRAVEL TO ENGAGE IN ‘‘(d) For the purposes of this section, the term SEXUAL ACT WITH A JUVENILE. cent’’ and inserting ‘‘child pornography’’; and ‘material that is harmful to minors’ means any Pursuant to its authority under section 994(p) (2) in subsection (d)(1), by striking ‘‘, in con- communication, consisting of nudity, sex, or ex- of title 28, United States Code, and in accord- text, depicts or describes, in terms patently of- cretion, that, taken as a whole and with ref- ance with this section, the United States Sen- fensive as measured by contemporary commu- erence to its context— tencing Commission shall review and, as appro- nity standards, sexual or excretory activities or ‘‘(1) predominantly appeals to a prurient in- priate, amend the Federal Sentencing Guidelines organs’’ and inserting ‘‘is obscene or child por- terest of minors; and policy statements to ensure that guideline nography’’. ‘‘(2) is patently offensive to prevailing stand- SEC. 604. INTERNET AVAILABILITY OF INFORMA- penalties are adequate in cases that involve ards in the adult community as a whole with re- interstate travel with the intent to engage in a TION CONCERNING REGISTERED spect to what is suitable material for minors; SEX OFFENDERS. sexual act with a juvenile in violation of section and (a) IN GENERAL.—Section 170101(e)(2) of the 2423 of title 18, United States Code, to deter and ‘‘(3) lacks serious literary, artistic, political, Violent Crime Control and Law Enforcement punish such conduct. or scientific value for minors. Act of 1994 (42 U.S.C. 14071(e)(2)) is amended by SEC. 513. MISCELLANEOUS PROVISIONS. ‘‘(e) For the purposes of subsection (d), the adding at the end the following: ‘‘The release of (a) APPOINTMENT OF TRIAL ATTORNEYS.— term ‘sex’ means acts of masturbation, sexual information under this paragraph shall include (1) IN GENERAL.—Not later than 6 months intercourse, or physcial contact with a person’s the maintenance of an Internet site containing after the date of enactment of this Act, the At- genitals, or the condition of human male or fe- such information that is available to the public torney General shall appoint 25 additional trial male genitals when in a state of sexual stimula- and instructions on the process for correcting attorneys to the Child Exploitation and Obscen- tion or arousal.’’. information that a person alleges to be erro- ity Section of the Criminal Division of the De- (b) CLERICAL AMENDMENT.—The table of sec- neous.’’. partment of Justice or to appropriate U.S. Attor- tions at the beginning of chapter 110 of title 18, (b) COMPLIANCE DATE.—Each State shall im- ney’s Offices, and those trial attorneys shall United States Code, is amended by inserting plement the amendment made by this section have as their primary focus, the investigation after the item relating to section 2252A the fol- within 3 years after the date of enactment of and prosecution of Federal child pornography lowing new item: this Act, except that the Attorney General may and obscenity laws. ‘‘2252B. Misleading domain names on the Inter- grant an additional 2 years to a State that is (2) AUTHORIZATION OF APPROPRIATIONS.— net.’’. making a good faith effort to implement the There are authorized to be appropriated to the amendment made by this section. Department of Justice such sums as may be nec- TITLE VI—MISCELLANEOUS PROVISIONS (c) NATIONAL INTERNET SITE.—The Crimes essary to carry out this subsection. SEC. 601. PENALTIES FOR USE OF MINORS IN Against Children Section of the Criminal Divi- (b) REPORT TO CONGRESSIONAL COMMITTEES.— CRIMES OF VIOLENCE. sion of the Department of Justice shall create a (1) IN GENERAL.—Not later than 9 months Chapter 1 of title 18, United States Code, is national Internet site that links all State Inter- after the date of enactment of this Act, and amended by adding at the end the following: net sites established pursuant to this section. every 2 years thereafter, the Attorney General ‘‘§ 25. Use of minors in crimes of violence SEC. 605. REGISTRATION OF CHILD PORNOG- shall report to the Chairpersons and Ranking ‘‘(a) DEFINITIONS.—In this section, the fol- RAPHERS IN THE NATIONAL SEX OF- Members of the Committees on the Judiciary of lowing definitions shall apply: FENDER REGISTRY. the Senate and the House of Representatives on ‘‘(1) CRIME OF VIOLENCE.—The term ‘crime of (a) JACOB WETTERLING CRIMES AGAINST CHIL- the Federal enforcement actions under chapter violence’ has the meaning set forth in section 16. DREN AND SEXUALLY VIOLENT OFFENDER REG- 110 or section 1466A of title 18, United States ‘‘(2) MINOR.—The term ‘minor’ means a per- ISTRATION PROGRAM.—Section 170101 of the Vio- Code. son who has not reached 18 years of age. lent Crime Control and Law Enforcement Act of (2) CONTENTS.—The report required under ‘‘(3) USES.—The term ‘uses’ means employs, 1994 (42 U.S.C. 14071) is amended— paragraph (1) shall include— hires, persuades, induces, entices, or coerces. (1) by striking the section heading and insert- (A) an evaluation of the prosecutions brought ‘‘(b) PENALTIES.—Any person who is 18 years ing the following: under chapter 110 or section 1466A of title 18, of age or older, who intentionally uses a minor ‘‘SEC. 170101. JACOB WETTERLING CRIMES United States Code; to commit a crime of violence for which such AGAINST CHILDREN AND SEXUALLY (B) an outcome-based measurement of per- person may be prosecuted in a court of the VIOLENT OFFENDER REGISTRATION PROGRAM.’’; formance; and United States, or to assist in avoiding detection and (C) an analysis of the technology being used or apprehension for such an offense, shall— (2) in subsection (a)(3)— by the child pornography industry. ‘‘(1) for the first conviction, be subject to twice (A) in clause (vii), by striking ‘‘or’’ at the end; (c) SENTENCING GUIDELINES.—Pursuant to its the maximum term of imprisonment and twice (B) by redesignating clause (viii) as clause authority under section 994(p) of title 28, United the maximum fine that would otherwise be au- (ix); and States Code, and in accordance with this sec- thorized for the offense; and (C) by inserting after clause (vii) the fol- tion, the United States Sentencing Commission ‘‘(2) for each subsequent conviction, be subject lowing: shall review and, as appropriate, amend the to 3 times the maximum term of imprisonment ‘‘(viii) production or distribution of child por- Federal Sentencing Guidelines and policy state- and 3 times the maximum fine that would other- nography, as described in section 2251, 2252, or ments to ensure that the guidelines are adequate wise be authorized for the offense.’’. 2252A of title 18, United States Code; or’’.

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(b) AUTHORIZATION OF APPROPRIATIONS.— code, image, sequence of numbers or letters, or profit from, or make available for use, with or There are authorized to be appropriated to the other feature that either individually or in com- without compensation, the place for the purpose Department of Justice, for each of fiscal years bination with another feature is used by the of unlawfully manufacturing, storing, distrib- 2004 through 2007, such sums as may be nec- issuing authority on an identification docu- uting, or using a controlled substance.’’. essary to carry out the amendments made by ment, document-making implement, or means of (2) TECHNICAL AMENDMENT.—The heading to this section. identification to determine if the document is section 416 of the Controlled Substances Act (21 SEC. 606. GRANTS TO STATES FOR COSTS OF COM- counterfeit, altered, or otherwise falsified;’’; U.S.C. 856) is amended to read as follows: PLIANCE WITH NEW SEX OFFENDER (C) in paragraph (4)(A), as redesignated, by ‘‘SEC. 416. MAINTAINING DRUG-INVOLVED PREM- REGISTRY REQUIREMENTS. inserting ‘‘or was issued under the authority of ISES.’’. Section 170101(i)(3) of the Violent Crime Con- a governmental entity but was subsequently al- (3) CONFORMING AMENDMENT.—The table of trol and Law Enforcement Act of 1994 (42 U.S.C. tered for purposes of deceit’’ after ‘‘entity’’; contents to title II of the Comprehensive Drug 14071(i)(3) is amended to read as follows: (D) by inserting after paragraph (4), as redes- Abuse and Prevention Act of 1970 is amended by ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ignated, the following: striking the item relating to section 416 and in- There is authorized to be appropriated for each ‘‘(5) the term ‘false authentication feature’ serting the following: of the fiscal years 2004 through 2007 such sums means an authentication feature that— as may be necessary to carry out the provisions ‘‘(A) is genuine in origin, but, without the au- ‘‘Sec. 416. Maintaining drug-involved prem- of section 1701(d)(10) of the Omnibus Crime Con- thorization of the issuing authority, has been ises.’’. trol and Safe Streets Act of 1968 (42 U.S.C. tampered with or altered for purposes of deceit; (c) CIVIL PENALTY AND EQUITABLE RELIEF FOR 3796dd(d)(10)), as added by the PROTECT ‘‘(B) is genuine, but has been distributed, or is MAINTAINING DRUG-INVOLVED PREMISES.—Sec- Act.’’. intended for distribution, without the author- tion 416 of the Controlled Substances Act (21 SEC. 607. SAFE ID ACT. ization of the issuing authority and not in con- U.S.C. 856) is amended by adding at the end the nection with a lawfully made identification doc- (a) SHORT TITLE.—This section may be cited following: as the ‘‘Secure Authentication Feature and En- ument, document-making implement, or means ‘‘(d)(1) Any person who violates subsection (a) hanced Identification Defense Act of 2003’’ or of identification to which such authentication shall be subject to a civil penalty of not more ‘‘SAFE ID Act’’. feature is intended to be affixed or embedded by than the greater of— the respective issuing authority; or (b) FRAUD AND FALSE STATEMENTS.— ‘‘(A) $250,000; or ‘‘(C) appears to be genuine, but is not; (1) OFFENSES.—Section 1028(a) of title 18, ‘‘(B) 2 times the gross receipts, either known ‘‘(6) the term ‘issuing authority’— United States Code, is amended— or estimated, that were derived from each viola- ‘‘(A) means any governmental entity or agen- (A) in paragraph (1), by inserting ‘‘, authen- tion that is attributable to the person. cy that is authorized to issue identification doc- tication feature,’’ after ‘‘an identification docu- ‘‘(2) If a civil penalty is calculated under uments, means of identification, or authentica- ment’’; paragraph (1)(B), and there is more than 1 de- tion features; and (B) in paragraph (2)— fendant, the court may apportion the penalty ‘‘(B) includes the United States Government, between multiple violators, but each violator (i) by inserting ‘‘, authentication feature,’’ a State, a political subdivision of a State, a for- after ‘‘an identification document’’; and shall be jointly and severally liable for the civil eign government, a political subdivision of a for- penalty under this subsection. (ii) by inserting ‘‘or feature’’ after ‘‘such doc- eign government, or an international govern- ument’’; ‘‘(e) Any person who violates subsection (a) ment or quasi-governmental organization;’’; shall be subject to declaratory and injunctive (C) in paragraph (3), by inserting ‘‘, authen- (E) in paragraph (10), as redesignated, by tication features,’’ after ‘‘possessor)’’; remedies as set forth in section 403(f).’’. striking ‘‘and’’ at the end; (d) DECLARATORY AND INJUNCTIVE REM- (D) in paragraph (4)— (F) in paragraph (11), as redesignated, by (i) by inserting ‘‘, authentication feature,’’ EDIES.—Section 403(f)(1) of the Controlled Sub- striking the period at the end and inserting ‘‘; stances Act (21 U.S.C. 843(f)(1)) is amended by after ‘‘possessor)’’; and and’’; and (ii) by inserting ‘‘or feature’’ after ‘‘such doc- striking ‘‘this section or section 402’’ and insert- (G) by adding at the end the following: ing ‘‘this section, section 402, or 416’’. ument’’; ‘‘(12) the term ‘traffic’ means— (e) SENTENCING COMMISSION GUIDELINES.—The (E) in paragraph (5), by inserting ‘‘or authen- ‘‘(A) to transport, transfer, or otherwise dis- United States Sentencing Commission shall— tication feature’’ after ‘‘implement’’ each place pose of, to another, as consideration for any- (1) review the Federal sentencing guidelines that term appears; thing of value; or with respect to offenses involving gamma hy- (F) in paragraph (6)— ‘‘(B) to make or obtain control of with intent droxybutyric acid (GHB); (i) by inserting ‘‘or authentication feature’’ to so transport, transfer, or otherwise dispose (2) consider amending the Federal sentencing before ‘‘that is or appears’’; of.’’. guidelines to provide for increased penalties (ii) by inserting ‘‘or authentication feature’’ (5) ADDITIONAL PENALTIES.—Section 1028 of such that those penalties reflect the seriousness before ‘‘of the United States’’; title 18, United States Code, is amended— (iii) by inserting ‘‘or feature’’ after ‘‘such doc- (A) by redesignating subsection (h) as sub- of offenses involving GHB and the need to deter ument’’; and section (i); and them; and (iv) by striking ‘‘or’’ at the end; (B) by inserting after subsection (g) the fol- (3) take any other action the Commission con- (G) in paragraph (7), by inserting ‘‘or’’ after lowing: siders necessary to carry out this section. (f) AUTHORIZATION OF APPROPRIATIONS FOR A the semicolon; and ‘‘(h) FORFEITURE; DISPOSITION.—In the cir- (H) by inserting after paragraph (7) the fol- cumstance in which any person is convicted of DEMAND REDUCTION COORDINATOR.—There is lowing: a violation of subsection (a), the court shall authorized to be appropriated $5,900,000 to the ‘‘(8) knowingly traffics in false authentication order, in addition to the penalty prescribed, the Drug Enforcement Administration of the De- features for use in false identification docu- forfeiture and destruction or other disposition of partment of Justice for the hiring of a special ments, document-making implements, or means all illicit authentication features, identification agent in each State to serve as a Demand Re- of identification;’’. documents, document-making implements, or duction Coordinator. (2) PENALTIES.—Section 1028(b) of title 18, means of identification.’’. (g) AUTHORIZATION OF APPROPRIATIONS FOR DRUG EDUCATION.—There is authorized to be United States Code, is amended— (6) TECHNICAL AND CONFORMING AMEND- appropriated such sums as necessary to the (A) in paragraph (1)— MENT.—Section 1028 of title 18, United States (i) in subparagraph (A)— Code, is amended in the heading by inserting ‘‘, Drug Enforcement Administration of the De- (I) by inserting ‘‘, authentication feature,’’ AUTHENTICATION FEATURES,’’ after ‘‘DOC- partment of Justice to educate youth, parents, before ‘‘or false’’; and UMENTS’’. and other interested adults about club drugs. (II) in clause (i), by inserting ‘‘or authentica- SEC. 608. ILLICIT DRUG ANTI-PROLIFERATION SEC. 609. DEFINITION OF VEHICLE. tion feature’’ after ‘‘document’’; and ACT. Section 1993(c) of title 18, United States Code, (ii) in subparagraph (B), by inserting ‘‘, au- (a) SHORT TITLE.—This section may be cited is amended— thentication features,’’ before ‘‘or false’’; and as the ‘‘Illicit Drug Anti-Proliferation Act of (1) in paragraph (7), by striking ‘‘and’’ at the (B) in paragraph (2)(A), by inserting ‘‘, au- 2003’’. end; thentication feature,’’ before ‘‘or a false’’. (b) OFFENSES.— (2) in paragraph (8), by striking the period at (3) CIRCUMSTANCES.—Section 1028(c)(1) of title (1) IN GENERAL.—Section 416(a) of the Con- the end and inserting ‘‘; and’’; and 18, United States Code, is amended by inserting trolled Substances Act (21 U.S.C. 856(a)) is (3) by adding at the end the following: ‘‘, authentication feature,’’ before ‘‘or false’’ amended— ‘‘(9) the term ‘vehicle’ means any carriage or each place that term appears. (A) in paragraph (1), by striking ‘‘open or other contrivance used, or capable of being (4) DEFINITIONS.—Section 1028(d) of title 18, maintain any place’’ and inserting ‘‘open, lease, used, as a means of transportation on land, United States Code, is amended— rent, use, or maintain any place, whether per- water, or through the air.’’. (A) by redesignating paragraphs (1), (2), (3), manently or temporarily,’’; and SEC. 610. AUTHORIZATION OF JOHN DOE DNA IN- (4), (5), (6), (7), and (8) as paragraphs (2), (3), (B) by striking paragraph (2) and inserting DICTMENTS. (4), (7), (8), (9), (10), and (11), respectively; the following: (a) LIMITATION.—Section 3282 of title 18, (B) by inserting before paragraph (2), as re- ‘‘(2) manage or control any place, whether United States Code, is amended— designated, the following: permanently or temporarily, either as an owner, (1) by striking ‘‘Except’’ and inserting the fol- ‘‘(1) the term ‘authentication feature’ means lessee, agent, employee, occupant, or mortgagee, lowing: any hologram, watermark, certification, symbol, and knowingly and intentionally rent, lease, ‘‘(a) IN GENERAL.—Except’’; and

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(2) by adding at the end the following: ‘‘(2) WAIVER.—The recipient of a grant under ‘‘(3) MINIMUM AMOUNT.— ‘‘(b) DNA PROFILE INDICTMENT.— this section may waive the restriction under ‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘(1) IN GENERAL.—In any indictment for an paragraph (1) for not more than an additional paragraph (B), unless all eligible applications offense under chapter 109A for which the iden- 6 month period with respect to any minor, adult, submitted by any States, units of local govern- tity of the accused is unknown, it shall be suffi- or dependent, who— ment, Indian tribes, or organizations within a cient to describe the accused as an individual ‘‘(A) has made a good-faith effort to acquire State for a grant under this section have been whose name is unknown, but who has a par- permanent housing; and funded, that State, together with the grantees ticular DNA profile. ‘‘(B) has been unable to acquire permanent within the State (other than Indian tribes), ‘‘(2) EXCEPTION.—Any indictment described housing. shall be allocated in each fiscal year, not less under paragraph (1), which is found not later ‘‘(d) APPLICATION— than 0.75 percent of the total amount appro- ‘‘(1) IN GENERAL.—Each eligible entity desir- than 5 years after the offense under chapter priated in the fiscal year for grants pursuant to ing a grant under this section shall submit an 109A is committed, shall not be subject to— this section. ‘‘(A) the limitations period described under application to the Attorney General at such subsection (a); and time, in such manner, and accompanied by such ‘‘(B) EXCEPTION.—The United States Virgin ‘‘(B) the provisions of chapter 208 until the in- information as the Attorney General may rea- Islands, American Samoa, Guam, and the dividual is arrested or served with a summons in sonably require. Northern Mariana Islands shall each be allo- connection with the charges contained in the in- ‘‘(2) CONTENTS.—Each application submitted cated not less than 0.25 percent of the total dictment. pursuant to paragraph (1) shall— amount appropriated in the fiscal year for ‘‘(3) DEFINED TERM.—For purposes of this ‘‘(A) describe the activities for which assist- grants pursuant to this section.’’. subsection, the term ‘DNA profile’ means a set ance under this section is sought; and And the House agree to the same. of DNA identification characteristics.’’. ‘‘(B) provide such additional assurances as That the Senate recede from its disagree- (b) RULES OF CRIMINAL PROCEDURE.—Rule the Attorney General determines to be essential ment to the amendment of the House to the 7(c)(1) of the Federal Rules of Criminal Proce- to ensure compliance with the requirements of title of the bill and agree to the same. dure is amended by adding at the end the fol- this section. lowing: ‘‘For purposes of an indictment referred ‘‘(3) APPLICATION.—Nothing in this subsection From the Committee on the Judiciary, for to in section 3282 of title 18, United States Code, shall be construed to require— consideration of the Senate bill and the for which the identity of the defendant is un- ‘‘(A) victims to participate in the criminal jus- House amendments, and modifications com- known, it shall be sufficient for the indictment tice system in order to receive services; or mitted to conference: to describe the defendant as an individual ‘‘(B) domestic violence advocates to breach cli- F. JAMES SENSENBRENNER, whose name is unknown, but who has a parent confidentiality. HOWARD COBLE, ticular DNA profile, as that term is defined in ‘‘(e) REPORT TO THE ATTORNEY GENERAL— LAMAR SMITH, that section 3282.’’. ‘‘(1) IN GENERAL.—A recipient of a grant MARK GREEN, under this section shall annually prepare and MELISSA A. HART. SEC. 611. TRANSITIONAL HOUSING ASSISTANCE submit to the Attorney General a report describ- GRANTS FOR CHILD VICTIMS OF DO- For consideration of the Senate bill and MESTIC VIOLENCE, STALKING, OR ing— House amendments, and modifications com- SEXUAL ASSAULT. ‘‘(A) the number of minors, adults, and de- mitted to conference: Subtitle B of the Violence Against Women Act pendents assisted under this section; and MARTIN FROST. of 1994 (42 U.S.C. 13701 note; 108 Stat. 1925) is ‘‘(B) the types of housing assistance and sup- From the Committee on Education and the amended by adding at the end the following: port services provided under this section. Workforce, for consideration of sec. 8 of the ‘‘(2) CONTENTS.—Each report prepared and Senate bill and secs. 222, 305, and 508 of the ‘‘CHAPTER 11—TRANSITIONAL HOUSING submitted pursuant to paragraph (1) shall in- ASSISTANCE GRANTS FOR CHILD VIC- House amendments, and modifications com- clude information regarding— mitted to conference: TIMS OF DOMESTIC VIOLENCE, STALK- ‘‘(A) the amount of housing assistance pro- PETE HOEKSTRA, ING, OR SEXUAL ASSAULT vided to each minor, adult, or dependent, as- PHIL GINGREY, ‘‘SEC. 40299. TRANSITIONAL HOUSING ASSIST- sisted under this section and the reason for that UBE´ N INOJOSA ANCE GRANTS FOR CHILD VICTIMS R H . assistance; From the Committee on Transportation and OF DOMESTIC VIOLENCE, STALKING, ‘‘(B) the number of months each minor, adult, Infrastructure, for consideration of sec. 303 OR SEXUAL ASSAULT. or dependent, received assistance under this sec- and title IV of the House amendments, and ‘‘(a) IN GENERAL.—The Attorney General, act- tion; modifications committed to conference: ing in consultation with the Director of the Vio- ‘‘(C) the number of minors, adults, and de- DON YOUNG, lence Against Women Office of the Department pendents who— of Justice, shall award grants under this section ‘‘(i) were eligible to receive assistance under TOM PETRI, to States, units of local government, Indian this section; and JIM MATHESON, tribes, and other organizations (referred to in ‘‘(ii) were not provided with assistance under Managers on the Part of the House. this section as the ‘recipient’) to carry out pro- this section solely due to a lack of available ORRIN HATCH, grams to provide assistance to minors, adults, housing; and CHUCK GRASSLEY, and their dependents— ‘‘(D) the type of support services provided to JEFF SESSIONS, ‘‘(1) who are homeless, or in need of transi- each minor, adult, or dependent, assisted under LINDSEY GRAHAM, tional housing or other housing assistance, as a this section. JOE BIDEN, result of fleeing a situation of domestic violence; ‘‘(f) REPORT TO CONGRESS.— Managers on the Part of the Senate. and ‘‘(1) REPORTING REQUIREMENT.—The Attorney ‘‘(2) for whom emergency shelter services or General, with the Director of the Violence JOINT EXPLANATORY STATEMENT OF THE other crisis intervention services are unavailable Against Women Office, shall annually prepare COMMITTEE OF CONFERENCE or insufficient. and submit to the Committee on the Judiciary of The managers on the part of the House and ‘‘(b) GRANTS.—Grants awarded under this sec- the House of Representatives and the Committee the Senate at the conference on the dis- tion may be used for programs that provide— on the Judiciary of the Senate a report that con- agreeing votes of the two Houses on the ‘‘(1) short-term housing assistance, including tains a compilation of the information contained amendments of the House to the bill (S. 151), rental or utilities payments assistance and as- in the report submitted under subsection (e). to amend title 18, United States Code, with sistance with related expenses such as payment ‘‘(2) AVAILABILITY OF REPORT.—In order to respect to the sexual exploitation of chil- of security deposits and other costs incidental to coordinate efforts to assist the victims of domes- dren, submit the following joint statement relocation to transitional housing for persons tic violence, the Attorney General, in coordina- to the House and the Senate in explanation described in subsection (a); and tion with the Director of the Violence Against of the effect of the action agreed upon by the ‘‘(2) support services designed to enable a Women Office, shall transmit a copy of the re- managers and recommended in the accom- minor, an adult, or a dependent of such minor port submitted under paragraph (1) to— panying conference report: or adult, who is fleeing a situation of domestic ‘‘(A) the Office of Community Planning and violence to— Development at the United States Department of The House amendment to the text of the ‘‘(A) locate and secure permanent housing; Housing and Urban Development; and bill struck all of the Senate bill after the en- and ‘‘(B) the Office of Women’s Health at the acting clause and inserted a substitute text. ‘‘(B) integrate into a community by providing United States Department of Health and Human The Senate recedes from its disagreement that minor, adult, or dependent with services, Services. to the amendment of the House with an such as transportation, counseling, child care ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— amendment that is a substitute for the Sen- services, case management, employment coun- ‘‘(1) IN GENERAL.—There are authorized to be ate bill and the House amendment. The dif- seling, and other assistance. appropriated to carry out this section $30,000,000 ferences between the Senate bill, the House ‘‘(c) DURATION.— for each of the fiscal years 2004 through 2008. amendment, and the substitute agreed to in ‘‘(1) IN GENERAL.—Except as provided in para- ‘‘(2) LIMITATIONS.—Of the amount made conference are noted below, except for cler- graph (2), a minor, an adult, or a dependent, available to carry out this section in any fiscal ical corrections, conforming changes made who receives assistance under this section shall year, not more than 3 percent may be used by necessary by agreements reached by the con- receive that assistance for not more than 18 the Attorney General for salaries and adminis- ferees, and minor drafting and clarifying months. trative expenses. changes.

VerDate Jan 31 2003 02:28 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.024 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2963 Section 1. Short title; table of contents provision in the Senate bill. This section in- prove that the defendant traveled with the The short title is the ‘‘Prosecutorial Rem- creases the maximum and minimum pen- intent to engage in the illegal activity. edies and Other Tools to end the Exploi- alties of section 1591 and chapters 110 and 117 Under this section, the government would tation of Children Today Act of 2003’’ or of title 18, United States Code, relating to only have to prove that the defendant en- ‘‘PROTECT Act.’’ This section is similar to the sexual exploitation of children and the gaged in illicit sexual conduct with a minor the Senate bill. sex trafficking of children. This section in- while in a foreign country. This section also creases the mandatory minimum penalties criminalizes the actions of sex tour opera- Section 2. Severability for only the most serious crimes of sexual tors who arrange, induce, procure, or facili- Section 2 of the conference report is iden- abuse and sexual exploitation of children at tate the travel of a person for commercial tical to section 17 of the Senate bill and sec- the request of the Senate. advantage or private financial gain, knowing tion 509 of the House amendment. This sec- Statutory maximum penalties provide that such a person is traveling in interstate tion states that if any provision of this Act only an upper limit on punishment, and ac- or foreign commerce for the purpose of en- is held to be invalid, the remainder shall not cordingly should be coordinated to the type gaging in illicit sexual conduct. The max- be affected by such invalidation. of penalty which would be appropriate for imum penalty a defendant could receive is TITLE I—SANCTIONS AND OFFENSES the most aggravated forms of the offenses in up to thirty years imprisonment. This sec- Sec. 101. Supervised release term for sex offend- question, as committed by offenders with the tion is similar to H.R. 4477, the ‘‘Sex Tour- ers most serious criminal histories, Where the ism Prohibition Improvement Act of 2002,’’ statutory maximum penalty is too low, it which passed the House by 418 yeas to 8 nays Section 101 of the conference report is sub- may be impossible to impose a proportionate on June 26, 2002. stantively identical to section 101 of the penalty in cases involving highly aggravated House amendment. There is no equivalent Sec. 106. Two strikes you’re out offense conduct. Likewise, in cases involving provision in the Senate bill. This section Section 106 of the conference report is incorrigible offenders, low statutory max- amends 18 U.S.C. § 3583 to provide a judge similar to section 106 of the House amend- imum penalties may force the court to im- with the discretion to extend the term of ment. There is no equivalent provision in the pose a sentence that is less than what is war- post-release supervision of sex offenders up Senate bill. This section would establish a ranted in light of the offender’s criminal his- to a maximum of life. The House amendment mandatory sentence of life imprisonment for tory. required the supervised release term to be no twice-convicted child sex offenders. This sec- The increased mandatory minimum sen- tion amends 18 U.S.C. § 3559 to provide for a less than five years and up to life. Under cur- tences are responsive to real problems of ex- rent law, the maximum period of post-re- mandatory minimum sentence of life impris- cessive leniency in sentencing under existing onment for any person convicted of a ‘‘Fed- lease supervision in Federal cases is gen- law. For example, the offenses under chapter erally five years even for the most serious eral sex offense’’ if they had previously been 117 of title 18, United States Code, apply in convicted of a similar offense under either crimes, and the maximum period for most of- sexual abuse cases involving interstate fenses is three years or less. Federal or state law. The legislation defines movement of persons or use of interstate in- Federal sex offense to include offenses com- This section responds to the long-standing strumentalities, such as luring of child vic- concerns of Federal judges and prosecutors mitted against a person under the age of 17 tims through the Internet. Courts all too fre- and involving the crimes of sexual abuse, ag- regarding the inadequacy of the existing su- quently impose sentences more lenient than pervision periods for sex offenders, particu- gravated sexual abuse, sexual exploitation of those prescribed by the sentencing guidelines children, abusive sexual contact, and the larly for the perpetrators of child sexual in cases under chapter 117, particularly in interstate transportation of minors for sex- abuse crimes, whose criminal conduct may situations where an undercover agent rather ual purposes. This section is similar to H.R. reflect deep-seated aberrant sexual disorders than a child was the object of the entice- 2146, the ‘‘Two Strikes and You’re Out Child that are not likely to disappear within a few ment. Yet the offender’s conduct in such a Protection Act,’’ which passed the House by years of release from prison. The current case reflects a real attempt to engage in sex- 382 to 34 on March 14, 2002. length of the authorized supervision periods ual abuse of a child, and the fact that the is not consistent with the need presented by Sec. 107. Attempt liability for international pa- target of the effort turned out to be an un- rental kidnapping many of these offenders for long-term—and dercover officer has no bearing on the culpa- in some cases, life-long—monitoring and Section 107 of the conference report is bility of the offender, or on the danger he identical to section 107 of the House amend- oversight. This section is similar to H.R. presents to children if not adequately re- 4679, the ‘‘Lifetime Consequences for Sex Of- ment. There is no equivalent provision in the strained and deterred by criminal punish- Senate bill. This section amends 18 U.S.C. fenders Act of 2002,’’ which passed the House ment. Likewise, courts have been disposed to 409–3 on June 25, 2002. § 1204, which generally prohibits removing a grant downward departures from the guide- child from the United States or retaining a Sec. 102. First degree murdei-for child abuse and lines for child pornography possession of- child outside the United States with intent child torture murders fenses under chapter 110, based on the mis- to obstruct the lawful exercise of parental Section 102 of the conference report is sub- conception that these crimes are not serious. rights. As amended, the statute would pro- stantively identical to section 102 of the Sec. 104. Stronger penalties against kidnapping hibit attempts to commit this offense, as House amendment. There is no equivalent Section 104 of the conference report is well as completed offenses. provision in the Senate bill. This section identical to section 104 of the House amend- This change is needed to facilitate effec- amends 18 U.S.C. § 1111, by inserting ‘‘child ment. There is no equivalent provision in the tive intervention and prevention of parental abuse’’ and ‘‘the pattern or practice of as- Senate bill. This section directs the United kidnappings of children before they are re- sault or torture against a child or children’’ States Sentencing Commission to increase moved from the United States. The current that results in murder as a predicate for first the base offense level for kidnapping from absence of attempt liability has created dif- degree murder. Section 1111 is the Federal level 24 (51–63 months) to a base offense level ficulties in cases in progress where the ab- murder statute. Under current law, first de- of 32 by amending § 2A4.1(a) of the United ducting parent is on the way out of the coun- gree murder includes murder committed in States Sentencing Guidelines. It further de- try, but is still transiting in the United the perpetration of, or attempt to per- letes § 2A4.1(b)(4)(C) of the United States States. In those cases, the FBI now has very petrate, certain crimes including arson, es- Sentencing Guidelines, which rewards kid- limited ability to become involved and pre- cape, kidnapping, sexual abuse, and several nappers for releasing the victim within 24 vent the abduction from becoming an inter- other crimes. ‘‘Child abuse’’ and ‘‘torture’’ hours by reducing the base offense level by national occurrence. Local and state law en- would be added to the list for first degree one point. Under the current Guidelines, if a forcement must be looked to prevent the re- murder. Acts of child abuse with lethal con- defendant sexually exploits the kidnapping moval of the child from the country in such sequences are as deserving of such treatment victim, then the defendant’s base offense cases, but state and local authorities have as killings occurring in the course of such of- level is increased by 3 levels. This is amend- been very reluctant to become involved. The fenses as burglary or robbery. Since first deed to a 6 level increase by amending addition of attempt liability will resolve gree murder is punishable by death or life § 2A4.1(b)(5) of the United States Sentencing these problems by enabling the FBI to deal imprisonment, these changes will help to en- Guidelines. with these cases directly. In addition, it will sure that child abusers who kill their vic- This section also amends 18 U.S.C. § 1201 to make penalties and means of restraint avail- tims will receive penalties that reflect the provide for a mandatory minimum sentence able through criminal prosecution and con- heinousness of their crimes. However, with of 20 years if the victim of the non-family viction in cases where persons attempt inter- regard to the definition of child abuse, it is kidnapping is under the age of 18. national child abductions in violation of 18 the intent of the conferees that this section Sec. 105. Penalties against sex tourism U.S.C. § 1204, but are apprehended before they is not intended to impair the free exercise of Section 105 of the conference report is sub- succeed in getting the child out of the coun- one’s religious beliefs with regard to a par- stantively identical to section 105 of the try. ent’s decision about the provision of medical House amendment. There is no equivalent Sec. 108. Pilot program for National Criminal care for their children. provision in the Senate bill. This section ad- History Background Checks and Feasibility Sec. 103. Sexual abuse penalties dresses a number of problems related to per- Study Section 103 of the conference report is sub- sons who travel to foreign countries and en- Section 108 of the conference report is stantively identical to section 103 of the gage in illicit sexual relations with minors. similar to section 307 of the House amend- House amendment. There is no equivalent Current law requires the government to ment. There is no equivalent provision in the

VerDate Jan 31 2003 04:38 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.027 H09PT1 H2964 CONGRESSIONAL RECORD — HOUSE April 9, 2003 Senate bill. The National Child Protection ductions and felony sex offenses are not sub- work with states to encourage development Act was enacted in 1993 to provide a process ject to a statute of limitations. The con- of additional AMBER plans, work with for background checks for volunteers, but ference report amends the current law that states to ensure regional coordination according to the groups that depend on vol- covers the statute of limitations for offenses among plans, and serve as a nationwide point unteers to work with children, the disabled, involving the sexual or physical abuse of a of contact. On October 2, 2002, President and the elderly, the process was not working child. This section adds crimes of kidnapping Bush directed the Attorney General to des- as intended. Additional legislation to im- and extends the statute of limitations to the ignate a Justice Department officer to serve prove this process was enacted through the life of the child victim. Under current law, as AMBER Alert Coordinator to help expand Volunteers for Children Act of 1998. Concerns the limitation period applicable to most Fed- the AMBER Alert system nationwide. Assist- remain about the background check process. eral crimes is five years.3 There are some ex- ant Attorney General Deborah J. Daniels This section responds to those concerns ceptions to this limitation.4 Under current was designated as that coordinator and has and establishes criminal history records law, the standard limitation rules do not bar been working to assist state and local offi- check pilot programs and requires the Attor- prosecution ‘‘for an offense involving the cials with developing and enhancing AMBER ney General to study the current state of sexual or physical abuse of a child under the plans, and to promote statewide and regional fingerprinting technology and the Federal age of eighteen years . . . before the child coordination among plans ever since. This and state governments capacity to perform reaches the age of 25 years.’’ 5 While this is section requires that not later than March 1, these checks. The first pilot program per- better than a flat five-year rule, it remains 2005, the Coordinator submit a report to Con- mits certain volunteer organizations des- inadequate in many cases. For example, a gress on the effectiveness and status of the ignated in three states selected by the Attor- person who abducted and raped a child could AMBER plans of each state. ney General to request state criminal back- not be prosecuted beyond this extended The AMBER program is a voluntary part- ground checks and Federal 10-fingerprint limit—even if DNA matching conclusively nership between law-enforcement agencies criminal background checks on their volun- identified him as the perpetrator one day and broadcasters to activate an urgent alert teers. The second pilot program authorizes after the victim turned 25. bulletin in serious child-abduction cases. three designated volunteer organizations to Sec. 203. No pretrial release for those who rape The goal of the AMBER Alert is to instantly receive 100,000 Federal 10-fingerprint crimi- or kidnap children galvanize the entire community to assist in nal background checks, equally allocated, to the search for and safe return of the child. Section 203 of the conference report is sub- determine whether potential volunteers are stantively identical to section 221 of the Sec. 302. Minimum standardsfor issuance and fit to work with children. Each pilot pro- House amendment. There is no equivalent dissemination of alerts through AMBER gram will last for eighteen months. The At- provision in the Senate bill. This section Alert communications network torney General will report to Congress on provides a rebuttable presumption that child Section 302 of the conference report is the implementation of the pilot programs at rapists and kidnappers should not get pre- identical to section 302 of the House amend- their conclusion. trial release. Under current law, a defendant ment. There is no equivalent provision in the TITLE II—INVESTIGATIONS AND PROSECUTIONS may be detained before trial if the govern- Senate bill. Section 302 requires the Depart- Sec. 201. Interceptions of communications in in- ment establishes by clear and convincing ment of Justice Coordinator to establish na- vestigations of sex offenses evidence that no release conditions will rea- tionwide minimum standards for the Section 201 of the conference report is sub- sonably assure the appearance of the person issuance of an AMBER alert and the extent stantively identical to section 15 of the Sen- and the safety of others. Current law also of dissemination of the alert. The legislation ate bill. Current Federal law allows the provides rebuttable presumptions that the allows for voluntary adoption of these stand- interception of oral and electronic commu- standard for pretrial detention is satisfied in ards. The Conference Committee intends nications (‘‘wiretapping’’) if authorized by a certain circumstances. For example, such a that the establishment of minimum stand- court order. A number of requirements must presumption exists if the court finds prob- ards will limit the use of the system to those be satisfied to issue such an order, including able cause to believe that the defendant rare instances of serious child abductions. probable cause to believe that an offense spe- committed a drug offense punishable by im- Limiting the use of AMBER Alerts is critical cifically enumerated in 18 U.S.C. § 2516 has prisonment for 10 years or more, or that the to the long-term success of the program be- been or will be committed and that par- person committed a crime of violence or cause overuse or misuse of AMBER Alerts ticular communications concerning the of- drug trafficking crime while armed with a could lead to public fatigue or apathy to the fense will be obtained through the proposed firearm, in violation of 18 U.S.C. § 924(c).6 alerts. interception. Thus, existing law creates a presumption Sec. 303. Grant program for notification and Current law provides inadequate investiga- that, for example, an armed robber charged communications systems along highways for tive tools to combat child sexual exploi- under 18 U.S.C. § 924(c) cannot safely be re- recovery of abducted children tation, Internet luring of children for pur- leased before trial. This section will provide Section 303 of the conference report is poses of sexual abuse, and sex trafficking. the same presumption for crimes such as identical to section 303 of the House amend- For example, the list of wiretap predicates child abduction and child rape. ment. There is no equivalent provision in the now includes a variety of offenses such as Sec. 204. Suzanne’s law Senate bill. This section authorizes theft, fraud, and trafficking in stolen prop- Section 204 of the conference report is $20,000,000 for fiscal year 2004 for the Sec- erty. The current wiretap predicates, how- identical to section 241 of the House amend- retary of Transportation to make grants to ever, do not include the crime of buying or ment. There is no equivalent provision in the states for the development or enhancement selling a child to be used in the production of Senate bill. This section amends section 3701 of notification or communications systems child pornography,1 or the offense of sex traf- (a) of the Crime Control Act of 1990 (42 U.S.C. along highways for alerts and other informa- ficking in persons,2 or the crimes under § 5779(a)) to require law enforcement agencies tion for the recovery of abducted children. chapter 117 of title 18 of the United States to report missing persons less than 21 years The guidelines for these grants are intended Code prohibiting interstate transportation of age to the National Crime Information to mirror what the AMBER Alert grant pro- or travel or use of interstate instrumental- Center. Current law only requires reporting gram that the Department of Transportation ities to promote prostitution. Section 201 en- for children under the age of 18. has been developing since October, 2002, and hances investigative authority for these hei- currently has in place. TITLE III—PUBLIC OUTREACH nous crimes by adding as wiretap predicates Sec. 304. Grant program for support of AMBER for several offenses under the sex offense SUBTITLE A—AMBER ALERT Alert communications plans chapters of the criminal code which are not Sec. 301. National coordination of AMBER Alert Section 304 of the conference report is currently covered—specifically, 18 U.S.C. communications network identical to section 304 of the House amend- §§ 2251A, 2252A, 2260, 2421, 2422, 2423, and 2425, Section 301 of the conference report is ment. There is no equivalent provision in the as well as the sex trafficking statute, 18 identical to section 301 of the House amend- Senate bill. This section authorizes $5,000,000 U.S.C. § 1591. This section is similar to H.R. ment. There is no equivalent provision in the for fiscal year 2004 for the Attorney General 1877, the ‘‘Child Sex Crimes Wiretapping Act Senate bill. This section codifies the estab- to administer a grant program for the devel- of 2002,’’ which passed the House by 396 lishment of an AMBER Alert Coordinator opment and enhancement of programs and yeas—11 nays on May 21, 2002. within the Department of Justice to assist activities for the support of AMBER Alert Sec. 202. No statute of limitations for child ab- states with their AMBER Alert plans. This communication plans. This section also au- duction and sex crimes coordinator will eliminate gaps in the net- thorizes an additional $5,000,000 for fiscal Section 202 of the conference report con- work, including gaps in interstate travel, year 2004 for grants to develop and imple- tains similar language to section 202 of the ment new technologies to improve AMBER House amendment. The Senate bill did not 3 See 18 U.S.C. § 3282. Alert communications. have comparable language. The House 4 See, e.g., 18 U.S.C. § 3281 (no limitation period for Sec. 305. Limitation on liability amendment created a new section in the capital crimes); 18 U.S.C. § 3293 (ten-year limitation Section 305 of the conference report is a criminal code that provided that child ab- period for certain financial institution offenses); 18 U.S.C. § 3294 (twenty-year limitation period for cer- new section that is related to the purpose of tain thefts of artwork). this title. This section provides the National 1 18 U.S.C. § 2251A. 5 18 U.S.C. § 3283. Center for Missing and Exploited Children 2 18 U.S.C. § 1591. 6 See 18 U.S.C. § 3142(e). (NCMEC) with civil immunity arising out of

VerDate Jan 31 2003 04:38 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.028 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2965 any action by NCMEC in connection with ac- records will help law enforcement in future convicted of sexual abuse received a down- tivity that is undertaken with, or at the di- investigations of missing children. ward departure over 16 percent of the cases, rection of, a Federal law enforcement agen- SUBTITLE D—MISSING CHILDREN PROCEDURES IN and granted reductions below the guideline cy. PUBLIC BUILDINGS range of those convicted of sexual abuse by an astonishing 63 percent from the guideline SUBTITLE B—NATIONAL CENTER FOR MISSING Sec. 361. Short title AND EXPLOITED CHILDREN range. For those convicted of pornography Section 361 of the conference report is sub- and/or prostitution related offenses, trial Sec. 321. Increased support stantively identical to section 401 of the courts departed from the recommended Section 321 of the conference report is House amendment. There is no equivalent guidelines over 18 percent of the time, reduc- identical to section 305 of the House amend- provision in the Senate bill. This section ing these defendants’ sentences by a stag- ment. There is no equivalent provision in the states that this subtitle may be cited as the gering 66 percent. Senate bill. The National Center for Missing ‘‘Code Adam Act of 2003.’’ The provisions of this section would re- and Exploited Children (NCMEC) is the na- Sec. 362. Definitions strict departures in cases under section 1201 tion’s resource center for child protection. involving a minor victim, section 1591, or Section 362 of the conference report is The Center provides assistance to parents, under chapters 109A, 110 or 117 of title 18, identical to section 402 of the House amend- children, law enforcement, schools, and the United States Code. Specifically, in those ment. There is no equivalent provision in the community in recovering missing children cases, a court could only sentence a defend- Senate bill. This section defines the fol- and raising public awareness about ways to ant outside the guideline range upon grounds lowing terms: child, code adam alert, des- help prevent child abduction, molestation specifically enumerated in the guidelines as and sexual exploitation. To date, NCMEC has ignated authority, executive agency, Federal proper for departure. This would eliminate worked on more than 73,000 cases of missing agency, and public building. ad hoc departures based on vague grounds, and exploited children and helped recover Sec. 363. Procedures in public buildings regard- such as ‘‘general mitigating circumstances.’’ more than 48,000 children. This section ing a missing or lost child In addition, this section would for all cases amends the Missing, Exploited, and Runaway Section 363 of the conference report is sub- require courts to give specific written rea- Children Protection Act by reauthorizing stantively identical to section 403 of the sons for any departure from the guidelines; NCMEC, and reauthorizing and doubling the House amendment. There is no equivalent change the standard of review for appellate annual grant to NCMEC from $10,000,000 to provision in the Senate bill. This section re- courts to a de novo review to allow appellate $20,000,000 through fiscal year 2005. quires that, not later than 180 days after the courts more effectively to review illegal and Sec. 322. Forensic and investigative support of date of enactment of this Act, the designated inappropriate downward departures; prevent missing and exploited children authority for a public building shall estab- sentencing courts, upon remand, from impos- lish procedures for locating a child that is ing the same illegal departure on a different Section 322 of the conference report is sub- theory; and only allow courts to grant an ad- stantively identical to section 308 of the missing in the building. The procedures shall provide, at a minimum, the notification of ditional third point reduction for ‘‘accept- House amendment. There is no equivalent ance of responsibility’’ upon motion of the provision in the Senate bill. This section security personnel, obtaining a detailed description of the child, monitoring all points government. amends section 3056 of title 18, United States Also, the definition of ‘‘pattern of activity Code, to allow the U.S. Secret Service to proof egress from the building, conducting a thorough search of the building, and noti- involving prohibited sexual conduct’’ in the vide forensic and investigative support to Sentencing Guidelines is broadened. Cur- the National Center for Missing and Ex- fying local law enforcement. The original Code Adam is one of the coun- rently, the guidelines provides that such a ploited Children to assist in efforts to find pattern exists only where the defendant en- missing children. Nearly a decade ago, Con- try’s largest child-safety programs, and it is supported by the National Center for Missing gaged in prohibited sexual conduct on at gress authorized the U.S. Secret Service to least two separate occasions with at least participate in a multi-agency task force with and Exploited Children. The Wal-Mart retail stores created it in 1994, and it is used in two different minor victims. This definition the purpose of providing resources, expertise does not adequately take account of the fre- and other assistance to local law enforce- more than 36,000 stores across the United States. quent occurrence of repeated sexual abuse ment agencies and the National Center for against a single child victim, and the sever- Missing and Exploited Children (NCMEC) in SUBTITLE E—CHILD ADVOCACY CENTER GRANTS ity of the harm to such victims from the re- cases involving missing and exploited chil- Sec. 381. Information and documentation repeated abuse. This section would broaden the dren. This began a strong partnership be- quired by the Attorney General under Vic- definition to include repeated abuse of the tween the Secret Service and NCMEC, and tims of Child Abuse Act of 1990 same victim on separate occasions. resulted in the Secret Service providing crit- Section 381 of the conference report is sub- For cases other than those involving of- ical forensic support—including polygraph stantively identical to section 222 of the fenses in section 1201 involving a minor vic- examinations, handwriting examinations, House amendment. There is no equivalent tim, section 1591, or chapters 109A, 110 or 117 fingerprint research and identification, age provision in the Senate bill. This section re- of title 18 of the United States Code, this sec- progressions/regressions and audio and video authorizes grant programs within the Vic- tion directs the Sentencing Commission to enhancements—to NCMEC and local law en- tims of Child Abuse Act of 1990, 42 U.S.C. review grounds for downward departures and forcement in numerous missing children § 13001 et seq., that provide funding to child promulgate amendments to ensure that the cases. This section will provide explicit stat- advocacy centers and training and technical incident of downward departure are substan- utory authorization permitting the Secret assistance to programs to improve the pros- tially reduced. Service to continue this forensic and inves- ecution of child abuse cases. This funding The Sentencing Guidelines are also amend- tigative support upon request from local law trains law enforcement agencies, prosecutors ed with regard to the penalties for possession enforcement or NCMEC. and local jurisdictions to help them estab- of child pornography in two ways. First, pen- Sec. 323. Creation of a cyber tipline lish comprehensive, interdisciplinary ap- alties are increased if the offense involved Section 323 of the conference report is a proaches to the investigation and prosecu- material that portrays sadistic or mas- new section that is related to the purpose of tion of child abuse. The goal of these pro- ochistic conduct or other depictions of vio- this title. This section amends the Missing grams is to minimize the trauma of the jus- lence and, second, penalties are increased Children’s Assistance Act to coordinate the tice system for children who are victims of based on the amount of child pornography operation of a cyber tipline to provide online abuse as well as to ensure that the mental, involved in the offense. users an effective means of reporting Inter- emotional and physical needs of these chil- TITLE V—OBSCENITY AND PORNOGRAPHY net related child sexual exploitation. dren are not forgotten. The authorization for SUBTITLE A—CHILD OBSCENITY AND SUBTITLE C—SEX OFFENDER APPREHENSION this funding expired in fiscal year 2000, how- PORNOGRAPHY PREVENTION PROGRAM ever, the Department of Justice has contin- This subtitle is a compromise that incor- ued to receive funds for these programs and Sec. 341. Authorization porates parts of the House and Senate anti- continues to administer them. child pornography bills. Both these bills ad- Section 341 of the conference report is TITLE IV—SENTENCING REFORM dress the April 16, 2002 Supreme Court deci- identical to section 306 of the House amend- 7 Sec. 401. Sentencing reform sion in Ashcroft v. the Free Speech Coalition. ment. There is no equivalent provision in the That decision struck down parts of a 1996 law Senate bill. This section would authorize Section 401 of the conference report is a written to combat computer-generated por- Community Oriented Policing Services modification of section 109 of the House nography as too broad. (COPS) funding for Sex Offender Apprehen- amendment. There is no equivalent provision Sec. 501. Findings sion Programs in states that have a sex of- in the Senate bill. This section addresses the fender registry and have laws that make it a longstanding problem of downward depar- Section 501 of the conference report is crime for failure to notify authorities of any tures from the Federal Sentencing Guide- identical to section 501 of the House amend- change in address information, among other lines. According to the Sentencing Commis- ment and similar to section 2 of the Senate things. The money could be used by local law sion’s 2001 Sourcebook of Federal Sentencing bill. This section provides detailed congres- enforcement agencies to fund officers who Statistics, trial courts reduced the sentence sional findings. would check up on sex offenders and arrest of those convicted of all non-immigration of- them for noncompliance. Keeping up to date fenses in 12.2 percent of the cases while those 7 535 U.S. 234 (2002).

VerDate Jan 31 2003 04:38 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.030 H09PT1 H2966 CONGRESSIONAL RECORD — HOUSE April 9, 2003 Sec. 502. Improvements to prohibition on virtual whether the Government could impose this where such depictions lack literary, artistic, child pornography burden [of an affirmative defense] on a political, or scientific value. These new of- Section 502 addresses the Supreme Court’s speaker. Even if an affirmative defense can fenses are subject to the penalties applicable holding that the definition of child pornog- save a statute from First Amendment chal- to child pornography, not the lower penalties raphy under 18 U.S.C. § 2256(8)(B), relating to lenge, here the defense is incomplete and in- that apply to obscenity, and it also contains virtual child pornography, was over broad sufficient, even on its own terms.’’ 9 Justice a directive to the U.S. Sentencing Commis- and unconstitutional. Section 502 incor- Thomas, in his concurring opinion, stated sion requiring the Commission to ensure porates the House definition for computer- that the ‘‘Court does leave open the possi- that the U.S. Sentencing Guidelines are con- generated child pornography and the Senate bility that a more complete affirmative de- sistent with this fact. affirmative defense language, with a tech- fense could save a statute’s constitu- Sec. 505. Admissibility of evidence 10 nical amendment. tionality.’’ Thus, the Court appears to have Section 505 of the conference report is Section 502(a) of the conference report is implicitly accepted that some reculation of identical to section 4 of the Senate bill. substantively identical to section 502(a) of virtual child pornography might be constitu- There is no comparable provision in the the House amendment and similar to section tional and this provision strengthens the af- House amendment. This section (to be codi- 5 of the Senate bill. This section narrows the firmative defense as suggested by the Court. fied at 18 U.S.C. § 2252A(e)) protects the pri- Like the House Amendment, the Senate definition of child pornography under 18 vacy of minors depicted in obscenity and language creates a new and comprehensive U.S.C. § 2256(8)(B) to depictions that are ‘‘dig- child pornography by permitting the govern- affirmative defense for anyone charged with ital images’’ (e.g., picture or video taken ment to seek an order that shields non-phys- distributing or possessing child pornography. with a digital camera), ‘‘computer images’’ ical identifying information from public With this new affirmative defense an accused (e.g., pictures scanned into a computer), or scrutiny. Of course, such information may be can completely escape liability by showing ‘‘computer-generated images’’ (e.g., images a critical component of the government’s that the sexually explicit depictions in ques- created or altered with the use of a com- proof at trial. There may be evidence, for ex- tion were produced without using any actual puter). The Supreme Court was concerned in ample, that the defendant stored the sexu- minors. The provision also makes clear that Free Speech Coalition that the breadth of ally explicit depiction in a folder labeled the defendant must provide timely and spe- the language would prohibit legitimate mov- ‘‘Jennifer—Age 12.’’ For this reason, this pro- cific notice of his intent to raise either the ies like ‘‘Traffic’’ or plays like ‘‘Romeo and vision does not require the government to youthful-looking adult or virtual porn de- Juliet.’’ Limiting the definition to digital, seek the exclusion of such information in fense. The Senate language was modified to computer, or computer-generated images every instance. When the government moves ensure the defense does not apply to the pan- will help to exclude ordinary motion pic- to do so, however, this provision creates a dering provisions or the morphing provi- tures from the coverage of ‘‘virtual child strong presumption that the privacy of the sions. This defense does not apply to any old pornography.’’ Section 502(a) further narrows minor shall be protected. In that event, the or new obscenity provisions. the definition by replacing the phrase ‘‘ap- government also is entitled to obtain a jury pears to be’’ with the phrase ‘‘is indistin- Sec. 503. Certain activities relating to material instruction that the absence of this informa- guishable from.’’ That new phrase addresses constituting or containing child pornog- tion shall not be used to infer that the depic- the Court’s concern that cartoon-sketches raphy tions are not, in fact, actual minors. would be banned under the statute. ‘‘The Section 503 of the conference report is Sec. 506. Extraterritorial production of child substitution of ‘is indistinguishable from’ in identical to section 3(a) and (b) of the Senate pornography for distribution in the United lieu of ‘appears to be’ more precisely reflects bill and substantively identical to sections States what Congress intended to cover in the first 503 and 505 of the House Amendment. Section Section 506 of the conference report is instance, and eliminates an ambiguity that 503 includes a new pandering provision (to be identical to section 10 of the Senate bill and infected the current version of the definition codified at 18 U.S.C. § 2252A(a)(3)(B)) that substantively identical to section 506 of the and that enabled those challenging the stat- prohibits ‘‘advertis[ing], promot[ing], House amendment. This section amends cur- ute to argue that it ‘capture[d] even cartoon present[ing], distribut[ing], or solicit[ing]’’ rent law by providing the Government with -sketches and statues of children that were real or purported materials that the actor the authority to prosecute foreign producers sexually suggestive.’’’ 8 believes, or intends to cause another to be- of child pornography if that material is Section 502(b) also narrows the definition lieve, contain depictions of actual or obscene transported, or intended to be transported, of child pornography by amending 18 U.S.C. child pornography. This provision bans the to the United States. Persons and entities § 2256(2) to require a simulated image to be offer to transact in unprotected material, who target, exploit, profit from, or help to lascivious to constitute child pornography coupled with proof of the offender’s specific perpetuate the market for child pornography under the new definition in 18 U.S.C. intent. Thus, for example, this provision pro- in the United States are fairly subject to our § 2256(8)(B). Thus, child pornography that hibits an individual from offering to dis- system of laws and penalties. The purpose of simulates sexually explicit conduct must be tribute anything that he specifically intends this section is to stop efforts by producers of lascivious as well as meet the other require- to cause a recipient to believe would be ac- child pornography to avoid criminal liability ment of the definition. This language is iden- tual or obscene child pornography. It like- based on the fact that the child pornography tical to the House Amendment. wise prohibits an individual from soliciting was produced outside of the United States, Section 502(c) of the conference report is what he believes to be actual or obscene but intended for use inside the United similar to section 502(c) of the House amend- child pornography. The provision makes States.11 ment and defines the terms ‘‘graphic’’ and clear that no actual materials need exist; the ‘‘indistinguishable.’’ government establishes a violation with Sec. 507. Strengthening enhanced penalties for Section 502(d) of the conference report proof of the communication and requisite repeat offenders amends the existing statutory provision in specific intent. Indeed, even fraudulent of- Section 507 of the conference report is the Federal criminal code to conform with fers to buy or sell unprotected child pornog- identical to section 507 of the House amend- the Supreme Court’s holding by replacing 18 raphy help to sustain the illegal market for ment and similar to section 12 of the Senate U.S.C. § 2252A(c), the affirmative defense for this material. bill. This section amends chapter 110, the violations of 18 U.S.C. § 2252A. The section Section 503 (to be codified at 18 U.S.C. child pornography chapter of title 18, United contains a modified affirmative defense pro- § 2252A(a)(6)) creates a new offense that crim- States Code, which provides enhanced pen- vided in section 3(c) of the Senate bill. inalizes the act of using any type of real or alties for recidivists in that chapter, chapter The current affirmative defense in 18 apparent child pornography to induce a child 109A (relating to sexual abuse), and chapter U.S.C. § 2252A(c) provides a defense for viola- to commit a crime. 117 (relating transportation for illegal sexual tions of subsections 2252A(a)(1)–(4) of title 18, activity and related crimes). The new lan- United States Code, where the person pro- Sec. 504. Obscene child pornography Section 504 of the conference report is sub- guage includes the offenses under the obscen- ducing the material used adults and did not ity chapter, chapter 71 and the sexual as- distribute the material so as to convey the stantively identical to section 6 of the Sen- ate bill and similar to section 504 of the sault crimes under military law in article 120 impression that the material was child por- of the Uniform Code of Military Justice. Re- nography. The Supreme Court in Free Speech House amendment. Section 504 of the conference report creates new obscenity offenses cidivism is a huge problem in sexual exploi- Coalition did not rule on the existing affirma- tation cases. This section addresses the prob- tive defense in 18 U.S.C. § 2252A(c). The Court under Chapter 71 of title 18, United States Code, (to be codified at 18 U.S.C. § 1466A) that lem by enhancing the penalties for repeat of- left open the possibility that the 1996 statute fenders. might have survived the constitutional chal- criminalizes obscene sexually explicit depic- Sec. 508. Service provider reporting of child por- lenge as overbroad if the affirmative defense tions of minors. This section prohibits any nography and related information had been more complete. Specifically, the obscene depictions of minors engaged in any Court stated, ‘‘We need not decide, however, form of sexually explicit conduct and pro- Section 508 of the conference report is sub- hibits a narrow category of ‘‘hardcore’’ por- stantively identical to section 508 of the nography involving real or apparent minors, House Amendment and substantively iden- 8 Department of Justice Transmittal Letter with tical to sections 8 and 9 of the Senate bill. draft legislation to the Speaker of the House, at 3 (May 2002) (citing Free Speech Coalition, 535 U.S. at 9 Free Speech Coalition, 535 U.S. at 256. 264 (O’Connor, J., concurring in part and dissenting 10 Free Speech Coalition, 535 U.S. at 259 (Thomas, J., 11 See, e.g., United States v. Thomas, 893 F. 2d 1066 in part)). concurring). (9th Cir. 1990).

VerDate Jan 31 2003 02:28 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.033 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2967 The conference report amends section 227 of Persons aggrieved by such conduct may terial for minors; and (3) lacks serious lit- the Victims of Child Abuse Act of 1990, which bring suit seeking appropriate relief, includ- erary, artistic, political, or scientific value requires providers of electronic communica- ing punitive damages and reasonable attor- for minors. Section 2252B(e) defines ‘‘sex.’’ tions and remote computing services to re- neys’ fees. A domain name that includes a word or port apparent offenses that involve child por- Sec. 511. Recordkeeping requirements words to indicate the sexual content of the nography.12 Section 508 of the conference re- site, such as ‘‘sex’’ or ‘‘porn’’, is not mis- Section 511 of the conference report report strengthens this reporting system by leading. flects a merger of two related, but not iden- adding the new offenses under §§ 2252B and Neither obscenity 13 nor material deemed tical, reporting requirements. The con- 1466A. ‘‘harmful to minors’’ is protected by the ference report merges section 7 of the Senate Section 508(b) amends 18 U.S.C. § 2702 to be First Amendment as to minors.14 Congress, bill and section 512 of the House amendment. consistent with section 227 of the Victims of therefore, may ban such material outright. Section 7 of the Senate bill expands the Child Abuse Act, which provides that, in ad- While Congress, may not ban material harm- scope of materials subject to the record dition to the required information that is re- ful to minors on the Internet in a manner keeping requirements of 18 U.S.C. § 2257. Spe- ported to NCMEC, the reports may include that results in ‘‘an unnecessarily broad sup- cifically, ‘‘computer generated image[s], dig- ‘‘additional information.’’ This should make pression of speech addressed to adults,’’ 15 ital image[s], or picture[s]’’ are added to the it clear, for example, that an Internet serv- prohibiting misleading domain names on existing categories of sexually explicit mate- ice provider can disclose the identity of a Web sites containing material ‘‘harmful to rials for which records must be created and subscriber who sent a message containing minors’’ would only limit unintentional ac- maintained. In making these changes, 18 child pornography, in addition to the con- cess by adults to such Web sites, and is not U.S.C. § 2257 is designed to include the most tents of such a communication already re- an unnecessarily broad restriction on adults. common medium for distributing, exchang- quired to be reported under current law. Sec- Furthermore, under the Central Hudson 16 tion 2702(b)(6)(B) of title 18, United States ing or obtaining child pornography over the test, speech that concerns an unlawful activ- Code, only authorizes disclosure of content internet. This section further increases the ity or misleading is not protected by the information required by the Victims of Child existing penalties for violations of 18 U.S.C. First Amendment. The domain names that Abuse Act, and contains no language that § 2257, and incorporates the requirement in the amendment would prohibit would be mis- appears to cover relevant non-content infor- section 512 of the House amendment that the leading, and therefore would not be pro- mation, such as the identity of the sender of Department of Justice detail its record of en- tected by the First Amendment if the Web the child pornography in the example de- forcing such violations. sites that they name propose a commercial scribed above. This section corrects that in- Sec. 512. Sentencing enhancements for interstate transaction. consistency. travel to engage in sexual act with a juve- This provision is constitutional and nec- This section also includes a provision to nile essary. There is a growing trend for those at- change the current law that prevents the Section 512 of the conference report is tempting to sell pornography to use aggres- Federally funded Internet Crimes Against identical to section 12 of the Senate bill. sive and misleading tactics to deceive Children Task Forces to receive reports from There is no equivalent House provision. This unsuspecting and unwilling individuals, both the Cyber Tipline. These Task Forces are section directs the United States Sentencing adults and minors, into viewing the pornog- state and local police agencies that have Commission to review the existing penalties raphy—often obscene or harmful to minors. been identified by the NCMEC as competent for persons who travel across state lines to TITLE VI—MISCELLANEOUS PROVISIONS to investigate and prosecute computer facili- engage in sexual activity with a minor in Sec. 601. Penalties for use of minors in crimes of tated crimes against children. The new lan- violation of 18 U.S.C. § 2423. The current pen- violence guage authorizes Internet Crimes Against alty structure for this offense in the United Children Task Forces access to the Cyber States Sentencing Guidelines appears too le- Section 601 of the conference report is a Tipline Reports as the vast majority of cases nient, as such offenders are punished less new section that is related to the purpose of in this area are investigated and prosecuted harshly than offenders who simply possess this Act. Section 601 adds a new section 25 of by state and local law enforcement. child pornography. title 18 to the United States Code to provide that any person who is 18 years of age or Sec. 509. Investigative authority relating to Section 513. Miscellaneous provisions child pornography older who intentionally uses a minor to com- Section 513 of the conference report is mit a crime of violence shall be imprisoned Section 509 of the conference report is identical to section 14 of the Senate bill. The up to twice the maximum term of imprison- identical to section 510 of the House amend- House amendment has no equivalent provi- ment and twice the maximum fine author- ment and section 16 of the Senate bill. This sion. This section directs the Department of ized for the offense for a first offense. New section is technical in nature. This section Justice to appoint twenty-five more attor- section 25 provides that for each subsequent updates the current law regarding the use of neys who are dedicated to the enforcement of conviction, a defendant shall be subject to administrative subpoenas. Section 3486 of child pornography laws, and authorizes the imprisonment to three times the maximum title 18, United States Code, covers adminis- appropriations of funds necessary to fulfill term of imprisonment and three times the trative subpoenas. Recent changes to the law this mission. It also directs the Department maximum fine authorized for the offense. updated the transactional information that of Justice to prepare periodic reports to Con- Sec. 602. Sense of Congress may be obtained under 18 U.S.C. § 2703(c)(2) gress on the enforcement of the Federal child through an administrative subpoena. To up- pornography laws and obscenity laws related Section 602 of the conference report is a date 18 U.S.C. § 3486, which covers subpoenas to children, as well as the technology being new section that is related to the purpose of issued involving the sexual exploitation or employed by the producers and distributors this Act. Section 602(a) states that it is the abuse of children, this provision inserts the of child pornography. Finally, the section re- sense of the Congress that the Department of information specified in 18 U.S.C. § 2703(c)(2) quires the United States Sentencing Com- Justice should focus its investigative and for the list of transactional information in 18 mission to carefully review and consider the prosecutorial efforts on major producers, dis- U.S.C. § 3486. Transactional information in- penalties needed to deter and punish the new tributors, and sellers of obscene material and cludes billing records and other similar offenses created in 18 U.S.C. § 2252A. child pornography that use misleading meth- records. ods to market their material to children. SUBTITLE B—TRUTH IN DOMAIN NAMES Sec. 510. Civil remedies Section 602(b) states that it is the sense of Sec. 521. Misleading domain names on the inter- the Congress that the online commercial Section 510 of the conference report is net adult entertainment industry should volun- identical to section 11 of the Senate bill. tarily refrain from placing obscenity, child There is no equivalent provision in the Section 521 of the conference report is pornography, or material that is harmful to House amendment. This section creates a similar to section 108 of the House amend- minors on the front pages of their websites new civil cause of action against producers, ment. The Senate bill has no equivalent pro- to protect juveniles from material that may distributors, and possessors of obscenity revision. Section 521 makes it a crime to know- negatively impact their social, moral, and lating to children and child pornography. ingly use a misleading domain name with the intent to deceive a person into viewing psychological development. obscenity on the Internet and a crime to Sec. 603. Comniunications Decency Act of 1996 12 Under the current law, communications pro- knowingly use a misleading domain name viders must report to the National Center for Miss- Section 603 of the conference report is a ing and Exploited Children (NCMEC) when the pro- with the intent to deceive a minor into view- new section that is related to the purpose of vider obtains knowledge of facts or circumstances ing ‘‘material that is harmful to minors’’ on this Act. Section 603(l)(A) and (B) amends from which a violation of sexual exploitation crimes the Internet. the Communication Decency Act by making against children occurs. 42 U.S.C. § 13032(b)(1). A pro- The term ‘‘material that is harmful to mi- it unlawful to use a telephone device to vider of electronic communication services may be nors’’ means any communication, consisting fined for knowingly and willfully failing to make a of nudity, sex, or excretion, that, taken as a 13 report. 42 U.S.C. § 13032(b)(3). Federal criminal law whole and with reference to its context—(1) Miller v. California, 413 U.S. 15 (1973). provides that ‘‘[n]o provider or user of an electronic 14 Ginsberg v. New York, 390 U.S. 629, 631 (1968). communication service or a remote computing serv- predominantly appeals to the prurient inter- 15 Reno v. American Civil Liberties Union, 521 U.S. ice to the public shall be held liable on account of est of minors; (2) is patently offensive to pre- 844, 875 (1997). any action taken in good faith to comply with this vailing standards in the adult community as 16 Central Hudson Gas & Electric Corp. v. Public Serv- section.’’ 42 U.S.C. § 13032(c). a whole with respect to what is suitable ma- ice Commission of New York, 447 U.S. 557 (1980).

VerDate Jan 31 2003 04:38 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.034 H09PT1 H2968 CONGRESSIONAL RECORD — HOUSE April 9, 2003 make or solicit transmission of child pornog- uses their property, or allows another person housing or related assistance as a result of raphy to adults and minors. Section 603(2) to use their property, for the purpose of dis- fleeing, a situation of domestic violence, and also making it a crime to send or display tributing or manufacturing or using illegal for whom emergency shelter services or child pornography by computer to persons drugs will be held accountable. This section other crisis intervention services are un- under 18. raise the penalties for people who traffic in a available or insufficient. Sec. 604. Internet availability of information substance often marketed to children at The grants may be used for programs that concerning registered sex offenders clubs; and authorizing funds for drug preven- provide short-term housing assistance, in- Section 604 of the conference report is a tion activities. It also creates a civil penalty cluding rental or utilities payments assist- new section that is related to the purpose of for violating 21 U.S.C. § 856. ance and assistance with related expenses. this Act. To protect children, current law re- In addition, the language directs the Sen- Grants will also be available for support quires a state, or any agency authorized by tencing Commission to consider increasing services designed to help individuals locate the state, to release information to the pub- the sentencing guidelines for offenses involv- and secure permanent housing, as well as in- lic regarding persons required to register as ing gamma hydroxybutyric acid (GHB), a tegrate into a community by providing with sex offenders. Section 604 amends the Violent Schedule I substance often used to facilitate services, such as transportation, counseling, Crime Control and Law Enforcement Act of sexual assault. Under current law, an of- child care services, case management, em- 1994 to authorize states to create an Internet fender would have to have 13 gallons (equiva- ployment counseling, and other assistance. site containing the names of sex offenders lent to 100,000 doses) of GHB to qualify for a Any recipient of a grant must annually pre- within three years. five year penalty. Because large-scale GHB pare and submit a report to the Attorney dealers generally distribute gallon quan- General describing the number of minors, Sec. 605. Registration of child pornographers in tities of the drug, they generally are not adults, and dependents assisted, and the the National Sex Offender Registry prosecuted at the federal level because the types of housing assistance and support serv- Section 605 of the conference report is a penalties are too low. In order to prevent the ices provided. new section that is related to the purpose of abuse of club drugs and other illicit sub- Under the program, victims would be eligi- this Act. Current law requires a person con- stances, the bill also authorizes $5.9 million ble for assistance for a period of 18 months victed of certain criminal offenses against a for the Drug Enforcement Administration to and would be entitled to seek a waiver for an minor or certain sexually violent offenses to hire a Demand Reduction Coordinator in additional six months of assistance based on register with the sex offender registry. Sec- each state and authorizes such sums as may an inability to obtain adequate housing. tion 605 amends Violent Crime Control and be necessary for the Drug Enforcement Ad- From the Committee on the Judiciary, for Law Enforcement Act of 1994 by including in ministration to educate youth, parents and consideration of the Senate bill and the the crimes against children and sexually vio- other interested adults about the dangers as- House amendments, and modifications com- lent offender registration program persons sociated with club drugs. mitted to conference: convicted of crimes relating to the produc- Sec. 609. Definition of vehicle tion and distribution of child pornography F. JAMES SENSENBRENNER, and appropriates sufficient funds to make Section 609 of the conference report is a HOWARD COBLE, such chance to the Department of Justice. new section that is related to the purpose of LAMAR SMITH, this Act. This section amends 18 U.S.C. MARK GREEN, Sec. 606. Grants to states for costs of compliance § 1993(c) prohibiting terrorist attacks and MELISSA A. HART. with new sex offender registry requirements other acts of violence against mass transpor- For consideration of the Senate bill and Section 606 of the conference report is a tation systems to add a new section (a)(9) to House amendments, and modifications com- new section that is related to the purpose of define ‘‘vehicle’’ as itany carriage or other mitted to conference: this Act. The Violent Crime Control and Law contrivance used, or capable of being used, as MARTIN FROST. Enforcement Act of 1994 authorized $25 mil- a means of transportation on land, water, or From the Committee on Equation and the lion for fiscal years 1999 and 2000 to establish through the air.’’ Workforce, for consideration of sec. 8 of the a grant program, the Sex Offender Manage- Sec. 610. John Doe/DNA indictments Senate bill and secs. 222, 305, and 508 of the ment Assistance program, to the states to House amendments, and modifications com- offset the costs associated with establishing Section 610 of the conference report is a new section that is related to the purpose of mitted to conference: and maintaining a sex offender registry. Sec- PETE HOEKSTRA, tion 606 amends the Violent Crime Control this Act. Section 610 would change current law to encourage Federal prosecutors to PHIL GINGREY, and Law Enforcement Act of 1994 by author- ´ bring ‘‘John Doe/DNA indictments’’ in Fed- RUBEN HINOJOSA. izing sufficient funds to the states for fiscal From the Committee on Transportation and years 2004 through 2007 to continue to carry eral sex crimes. Specifically, the provision amends 18 U.S.C. § 3282 to authorize Federal Infrastructure, for consideration of sec. 303 out Sex Offender Management Assistance and title IV of the House amendments, and Programs. prosecutors to issue an indictment identifying an unknown defendant by a DNA pro- modifications committed to conference: Sec. 607. SAFE ID Act file within the five-year statute of limita- DON YOUNG, Section 607 of the conference report is a tions. If the indictment is issued within the TOM PETRI, new section that is related to the purpose of five-year statute of limitations, the statute JIM MATHESON, this Act. Under current law, it is not illegal is then tolled until the perpetrator is identi- Managers on the Part of the House. to possess, traffic in, or use false or mis- fied through the DNA profile at a later date. ORRIN HATCH, leading authentication features whose pur- The John Doe/DNA indictment would permit CHUCK GRASSLEY, pose is to create fraudulent IDs. Section 607 prosecution at anytime once there was a JEFF SESSIONS, would correct this oversight by making it a DNA ‘‘cold hit’’ through the national DNA LINDSEY GRAHAM, crime to counterfeit or alter ‘‘authentication database system. John Doe/DNA indictments JOE BIDEN, features,’’ as well as to traffic such features strike the right balance between encour- Managers on the Part of the Senate. in false identification documents or without aging swift and efficient investigations, rec- the authorization of the appropriate author- ognizing the durability and credibility of f ity. Authentication features are the DNA evidence, and preventing an injustice if holograms, symbols, codes, etc., used by the a ‘‘cold hit’’ occurs years after the crime and GENERAL LEAVE issuing authority to verify that an ID is au- law enforcement did not promptly process Mr. SENSENBRENNER. Mr. Speak- thentic. In addition, this section requires forensic evidence. Providing incentives for forfeiture of equipment used in creating or er, I ask unanimous consent that all law enforcement to test crime scene DNA Members may have 5 legislative days trafficking in illicit authentication features. from sexual assaults will also help identify This section will help the fight against child sex offenders (who are often recidivists) to within which to revise and extend their abduction, terrorism, identity theft, and un- permit their speedy apprehension and pros- remarks and include extraneous mate- derage drinking, among other things, by ad- ecution. rial on H.R. 1036 to be considered later. dressing the growing trade in illicit authen- Sec. 611. Transitional housing assistance grants The SPEAKER pro tempore. Is there tication feature for IDs. for child victims of domestic violence, stalk- objection to the request of the gen- Sec. 608. Illicit Drug Anti-Proliferation Act ing, or sexual assault tleman from Wisconsin? Section 608 of the conference report is a Section 611 of the conference report is a There was no objection. new section that is related to the purpose of new section that is related to the purpose of f this Act. This section, known as the Illicit this Act. This section amends Subtitle B of Drug Anti-Proliferation Act, helps to protect the Violence Against Women Act of 1994 (42 PROTECTION OF LAWFUL children by amending the Controlled Sub- U.S.C. 13701 note; 108 Stat. 1925) to authorize COMMERCE IN ARMS ACT stances Act to expand the ‘‘crack house’’ $30 million for the Attorney General to statute.17 This expansion makes it clear that award grants to organizations, States, units The SPEAKER pro tempore (Mr. SES- anyone who knowingly and intentionally of local government, and Indian tribes to SIONS). Pursuant to House Resolution carry out programs to provide assistance to 181 and rule XVIII, the Chair declares 17 21 U.S.C. § 856. individuals who are in need of transitional the House in the Committee of the

VerDate Jan 31 2003 02:28 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.035 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2969 Whole House on the State of the Union its products. While some of these law- the national firearms industry and de- for the consideration of the bill, H.R. suits have been dismissed, and some nying all Americans their fundamental 1036. States have acted to limit them in one right to bear arms. The Chair designates the gentleman way or another, the fact remains that Mr. Chairman, I reserve the balance from Illinois (Mr. SHIMKUS) as chair- these lawsuits continue to be aggres- of my time. man of the Committee of the Whole, sively pursued. Such lawsuits threaten Mr. WATT. Mr. Chairman, I ask and requests the gentleman from Idaho to rip tort law from its moorings in unanimous consent to control the time (Mr. SIMPSON) to assume the chair tem- personal responsibility and drive fire- of the gentleman from Michigan (Mr. porarily. arms manufacturers out of business. CONYERS) in opposition to the bill. John Coale, one of the personal in- The CHAIRMAN pro tempore. Is b 1131 jury lawyers suing the gun industry, there objection to the request of the IN THE COMMITTEE OF THE WHOLE told the Washington Post, ‘‘The legal gentleman from North Carolina? Accordingly, the House resolved fees alone are enough to bankrupt the There was no objection. itself into the Committee of the Whole industry.’’ The police, along with our Mr. WATT. Mr. Chairman, I yield House on the State of the Union for the military, also rely on the domestic myself as much time as I may con- consideration of the bill (H.R. 1036) to firearms industry to supply them with sume. prohibit civil liability actions from reliable and accurate weapons that can First of all, I think I want to clarify being brought or continued against best protect them in the line of fire. this debate because, starting at 7:30 manufacturers, distributors, dealers, or The best and most reliable guns are not this morning, eight o’clock this morn- importers of firearms or ammunition going to be those designed under re- ing, I was on a television show debat- for damages resulting from the misuse quirements personal injury attorneys ing about the bill I thought, and I of their products by others, with Mr. seek to impose in firearms lawsuits. heard all of the arguments related to SIMPSON (Chairman pro tempore) in the Lawsuits seeking to hold the fire- how trial lawyers are irresponsible, chair. arms industry responsible for the how judges are irresponsible. I heard The Clerk read the title of the bill. criminal and unlawful use of its prod- arguments about whether people ought The CHAIRMAN pro tempore. Pursu- ucts are brazen attempts to accomplish to have guns or not have guns. ant to the rule, the bill is considered as through litigation what has not been I submit to my colleagues that this having been read the first time. achieved by legislation and the demo- debate is not about any of that. It is Under the rule, the gentleman from cratic process. Various courts have cor- about a bill which I believe is an ex- Wisconsin (Mr. SENSENBRENNER) and rectly described such suits as ‘‘im- treme bill, and I want to call my col- the gentleman from Michigan (Mr. proper attempts to have the court sub- leagues’ attention to five points. CONYERS) each will control 30 minutes. stitute its judgment for that of the leg- This is reform. I believe it is extreme The Chair recognizes the gentleman islature.’’ As explained by another Fed- reform. We are not talking about cap- from Wisconsin (Mr. SENSENBRENNER). eral judge, ‘‘The plaintiff’s attorneys ping recoveries or putting a limit on Mr. SENSENBRENNER. Mr. Chair- simply want to eliminate handguns.’’ recoveries from gun manufacturers, man, I yield myself such time as I may Under the currently unregulated tort sellers, dealers, importers. We are talk- consume. system, personal injury lawyers are ing about immunizing them from their Mr. Chairman, logic and fairness dic- seeking to obtain through the courts liability for negligence. So this is ex- tate that manufacturers and sellers stringent limits on the sale and dis- treme reform. It is not the kind of re- should not be held responsible for the tribution of firearms beyond the form that we have been talking about unlawful use of their lawful products. court’s jurisdictional boundaries. Such in other contexts. H.R. 1036 will stop ludicrous lawsuits State lawsuits in a single county could The second point I want to make is, against the manufacturer or seller of destroy a national industry and deny this is unprecedented reform. The re- firearms for harm resulting from the citizens nationwide the right to keep form that this bill would provide is not criminal or unlawful misuse of their and bear arms guaranteed by the Con- available to any other manufacturer in products by prohibiting such lawsuits stitution. Insofar as these lawsuits America. It is not available to the from being filed in State or Federal have the practical effect of burdening automobile industry. It is not available court. interstate commerce in firearms, Con- to the pharmaceutical industry. It is H.R. 1036, which has significant bi- gress has the authority to act under not, despite what my chairman has partisan support, does not preclude the commerce clause of the Constitu- said, about the tobacco industry. It is lawsuits against a person who transfers tion. not available to the tobacco or the cig- a firearm or ammunition knowing that In 1985, one Federal judge said it arette industry. There is no industry in it will be used to commit a crime of vi- would be nonsensical to claim that a America that has this kind of immu- olence or a drug trafficking crime. It product can be defective under the law nity. So it is unprecedented reform also does not prevent lawsuits against when it has no defect. He predicted that is being sought here. a seller for negligent entrustment or that the plaintiff’s unconventional ap- The third point I want to make is, negligence per se. plication of tort law against such a this is not well-thought-out reform. The bill also includes several addi- product would also apply to auto- There are major problems with this tional exceptions, including an excep- mobiles, knives and even high-calorie bill, and the committee made no effort tion for actions in which a manufac- food. to try to debate those problems, con- turer or seller of a qualified product In 1999, another judge observed that sider those problems, try to correct knowingly and willfully violates any cities suing the firearms industry those problems. State or Federal statute applicable to ‘‘have envisioned the dawning of a new There was no markup. If my col- sales or marketing when such violation age of litigation during which the gun leagues heard the debate on the rule, was a proximate cause of the harm for industry, liquor industry, and pur- there really was no markup. The total which relief is sought. Other exceptions veyors of junk food would follow the markup of this bill in committee took include actions for breach of contract tobacco industry in reimbursing gov- a total of 44 minutes, 44 minutes, and or warranty and an exception for ac- ernment expenditures.’’ Only a few most of that was spent debating and tions for damages resulting directly years later, that disastrous new age of arguing about whether the previous from a defect in design or manufacture. litigation is already upon us, and even question ought to have been called. So Recent litigation against the tobacco once-fanciful lawsuits against fast food these issues have not been considered. industry that forced multibillion dollar companies are rapidly proliferating. So we have got a bill that has not been settlements has inspired lawsuits Congress must do what it can to stop well thought out because nobody has against a much smaller firearms indus- the slide down this slippery slope. It is taken the time to worry about the spe- try on theories of liability that would time for Congress to fulfill its constitu- cific provisions in the bill. hold it financially responsible for the tional duty and exercise its authority The fourth point I would make to my harm caused, through no fault of its under the commerce clause to prevent colleagues is that this is unconstitu- own, by those who criminally misuse a few State courts from bankrupting tional reform. We have a bill that says,

VerDate Jan 31 2003 02:28 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.024 H09PT1 H2970 CONGRESSIONAL RECORD — HOUSE April 9, 2003 not only will it apply henceforth, now claiming specific damage against city simply because of their design, their and forever, forward, but it will apply property. No, instead, they are simply distribution, and what they said was henceforth, now and forever, back- suing because they happen to dislike a negligent deceptive advertising. It was wards. So if a person had a lawsuit and product, its appearance, its distribu- dismissed at trial court and dismissed they are already in court, they already tion and how it markets its product. at appellate court. The Florida Su- had their trial, their case is on appeal, Yet, under the Constitution, these preme Court denied this petition. So it this lawsuit would tell the appeals companies have the constitutional went through every one. The trial court to dismiss that lawsuit. If a per- right to manufacture these products. court, the appellate court, and the Su- son is in the middle of selecting a jury, b 1145 preme Court; and they all denied. So, if they have had motions and argu- my colleagues, this bill we have here is ments about whether the conduct of Now, the previous speaker mentioned simply mirroring what has been done the manufacturer or seller or dealer that this has been a very quick process in the other 31 States. has been outrageous, this legislation and he thought it was extreme. That is Now, the question comes up, this bill would require that that lawsuit be dis- the word he used, extreme, unprece- is just a carve-out for the firearms in- missed. I think that retroactivity is dented. I have on this chart here 31 dustry. The previous speaker men- unconstitutional, and if it is not un- States which have already passed legis- tioned that, so I would like to bring to constitutional, it is certainly unfair, lation that prohibits frivolous lawsuits his attention other Federal legislation unwise and unwarranted. against the firearm industry. So I that protects specific industries and The fifth point I want to make about would say to my colleagues, perhaps other cases where these industries or this legislation is that it is politically your State, when you come on the groups have found themselves uniquely motivated reform. The reason this bill House floor, you should look at this threatened by bizarre or novel legal had not gotten any attention in the chart to make sure before you vote situations. Committee on the Judiciary and that whether your State has already passed For example, in 1994, we passed legis- nobody wants to take the time to real- a bill that has recognized the absurdity lation, the General Aviation Revital- ly debate about it on the floor is that of these lawsuits. As such these States ization Act, which generally protects we are rushing this bill through to the have acted to prohibit these types of manufacturers of small planes more other side so that 2 weeks from now, suits, and H.R. 1036 is designed to sim- than 18 years old against personal in- when the National Rifle Association ply mirror what the States have done. jury lawsuits in both Federal and State convenes its national convention in The goal is to seize the attempts at courts. Florida, they will be energized, they regulation through lawsuits that Let us take another act, the Feder- will be motivated to do whatever they achieve nothing except the blatant in- ally Supported Health Centers Assist- need to do to support many of the sup- terference in a company’s constitu- ance Act of 1995, which declared certain porters of this bill. There is no reason tional right to sell and market a legal community, migrant and homeless that this bill has to be dealt with in product and the constitutional duty of health care center employees to be em- the form that it is being dealt with. the Congress to regulate the commerce ployees of the Public Health Service, So it is extreme. It is unprecedented. of such product. As I stated, creative thus protecting them under the Fed- It is not well thought out, has not been legal theory does not make good public eral Tort Claims Act from malpractice debated. It is unconstitutional and if policy. lawsuits in State courts. not unconstitutional, certainly unfair We have seen through the course of Another example: the Bill Emerson and unwise, and it is politically moti- these 30-plus suits that have come to Good Samaritan Food Donation Act of vated. the courts that the courts are not buy- 1996, which protects nonprofit organi- Those five things should give us ing the theory either. Many of these zations from State or Federal lawsuits pause today, even aside from how this suits have been dismissed. If my col- arising from the nature, age, packaging bill got here. We should be concerned leagues will bear with me, I will show or condition of apparently wholesome that this institution is moving an irre- my colleagues another chart. I have food received in good-faith donation to sponsible piece of legislation that is just taken a sample of the municipal benefit the needy. solely for the benefit of some right- lawsuits that have been dismissed, but The Volunteer Protection Act of 1997 wing agenda. I particularly want to highlight the provides limited immunity from liabil- Mr. Chairman, I reserve the balance city of Boston’s case. Twenty-nine ity for volunteers acting on behalf of a of my time. manufacturers and distributors and nonprofit organization and preempts Mr. SENSENBRENNER. Mr. Chair- three associations were defendants. inconsistent State law unless such law man, I yield such time as he may con- The alleged claim: negligent distribu- provides additional protection. sume to the gentleman from Florida tion. Very simply, negligent distribu- The Biomaterials Access Assurance (Mr. STEARNS). tion was the claim against them, and Act of 1998, which supersedes State law Mr. STEARNS. Mr. Chairman, I 29 manufacturers were sued, distribu- to create an exclusion from liability thank the distinguished chairman of tors and associations. Defective design, for manufacturers of raw materials or the Committee on the Judiciary for his deceptive advertising, nuisance, unjust components of medical implants. help in bringing this bill to the floor. I enrichment. It was dismissed. And let us not forget the Y2K Act of also want to thank my colleagues, the The city dropped its own suit saying 1999, which limits punitive damages gentleman from Louisiana (Mr. JOHN), it was too expensive for the city to do and establishes special procedures for the gentlewoman from Pennsylvania and acknowledging that, through its liability in Y2K cases. (Ms. HART) and the gentleman from vigorous prosecution, the suit would The Public Health Improvement Act Virginia (Mr. BOUCHER) for their sup- need hundreds of thousands of pages of of 2000, which provides Good Samaritan port. documents, would go on forever and liability protection for users of cardiac H.R. 1036, the Protection of Lawful ever, and would not be realistic and defibrillators. Commerce in Arms Act, as we pointed concrete in its steps to reduce illegal So, my colleagues, there are literally out earlier, addresses the growing con- acquisition of firearms, and need to re- dozens and dozens of such pieces of leg- cerns of junk lawsuits filed with the induce the incidence of firearm accidents islation, major pieces of legislation, tention of driving the firearms indus- and increasing public awareness con- very similar, very like this bill that try out of business by simply attempt- cerning the safe handling and storage have been passed by Congress to pro- ing to hold manufacturers and dealers of firearms. So the city of Boston vol- tect and to enforce protection against liable for the criminal acts of third untarily decided this is wrong. Not the nuisance lawsuits. parties who are totally beyond their courts’ decision, but the city of Boston, Basically, what we have is a bill that control. after spending all this money. has been cosponsored by 250 colleagues These suits are different from other We can go from New Orleans to here in the House. And the bill did not lawsuits that affect other industries. Miami-Dade County. Twenty-six manu- just happen to appear recently for any- The cities and counties are not rep- facturers, distributors, three associa- thing like a convention of the NRA. resenting specific victims nor are they tions, and two dealers were all sued This bill has gone through Congress. In

VerDate Jan 31 2003 02:28 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.025 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2971 the 107th Congress, we had almost 240 gun industry at the expense of inno- Congress makes clear is that the gun sponsors. It went through the Sub- cent Americans who have been harmed lobby, while theoretically concerned committee on Commerce, Trade, and by the dangerous and irresponsible ac- with the right to bear arms, is chiefly Consumer Protection and then the full tions of some firearm manufacturers worried about protecting the right to committee and passed. It went through and sellers. make money off of them.’’ the appropriate subcommittee and the The gun industry should be subject We, the representatives of the people, full Committee on the Judiciary in the to the same legal standards of conduct not the special interests, should reject 107th Congress. And we now have even that govern all other people and indus- this legislation which would undermine more support for it, so the time is right tries in society. Guns are only one of the legal rights of individuals and com- for passage on the House floor. two consumer products, tobacco is the munities and provide unwarranted spe- My colleagues will hear a lot about other, that are exempt from Federal cial immunity for the firearm industry. victims’ rights from opponents to this health and safety regulation. Con- Let us do the right thing. Let us vote bill. I want to emphatically state that sequently, American consumers receive this bill down. this bill protects victims’ rights. Their Federal protection from safety flaws in b 1200 right to sue is protected in this bill, re- products such as children’s toys, pil- Mr. SENSENBRENNER. Mr. Chair- lying on product defect, negligent en- lows, car seats, but not from deadly man, I yield 2 minutes to the gen- trustment, and industry compliance firearms. tleman from Virginia (Mr. BOUCHER) to This legislation is especially uncon- with Federal and State law. What is show the bipartisan nature of the sup- scionable in light of the gun violence not protected is the use of creative port for this bill. legal theory to sue the deepest pockets. that continues to plague our Nation. (Mr. BOUCHER asked and was given My colleagues, we have a good bill Recently, Americans watched in horror permission to revise and extend his re- here, one that 250 Members of Congress as citizens were gunned down by a snip- marks.) agree with. It is bipartisan, both sides. er in Maryland, the District of Colum- Mr. BOUCHER. Mr. Chairman, I They agree that using the courts to bia, and my home State of Virginia. thank the gentleman from Wisconsin circumvent the constitutional author- While local law enforcement officials (Mr. SENSENBRENNER) for yielding me ity of this body to make public policy are prosecuting the snipers for their this time. I urge passage of this legisla- is an improper use of our judicial sys- crimes, the families who lost loved tion by the House, and I am pleased to tem. ones in the attack have also filed civil join with the gentleman from Florida I will close in a moment, but want to lawsuits to ensure that those respon- (Mr. STEARNS), the gentleman from leave my colleagues with several sible for arming the snipers also are Louisiana (Mr. JOHN), and the gentle- quotes. Dave Kopel, a professor at New held accountable. This includes the gun woman from Pennsylvania (Ms. HART) York University Law School, has stat- store from which the assault rifle used as one of the principal cosponsors of ed that the cities do not have to win in in the shootings mysteriously dis- the measure. court with these nuisance suits. All appeared, along with 238 other guns Lawsuits which would impose liabil- they have to do is keep suing and over the last 3 years alone. These are ity on firearm manufacturers, distribu- suing. They will kill the industry with guns whose intended purpose is to kill tors and dealers for misuse of the fire- the cost of defending the lawsuits. He other human beings. arm by someone who comes into pos- has got it right. If H.R. 1036 is enacted into law, the session of it are thinly veiled attempts And then I would like to give another families of the sniper victims will be to impose gun control by judicial quote here. This is from a former labor thrown out of court without a hearing. means. If liability is imposed on manu- secretary in which he pointed out that Given the suffering experienced by gun facturers in these circumstances, the if I had my way, we would have laws violence victims, it is unconscionable result will be a large reduction in the restricting hand guns, and we are for the gun lobby to call their efforts availability of firearms for purchase by launching here an effort to succeed to obtain justice frivolous. Gun vio- sportsmen and other law-abiding citi- where legislation has failed. The strat- lence victims seeking their day in zens. The rights of hunters, of gun col- egy may work, but at the cost of mak- court have based their lawsuits on lectors, and those who purchase fire- ing our frail democracy even weaker. long-standing rights well established in arms for self-defense must be consid- You might approve the outcome in our Nation’s common law. ered. The lawsuits which this bill seeks these cases, but they establish a prece- In addition to the civil lawsuits to end leave little room for the consid- dent for other cases that you might brought by the families of the sniper eration of those rights. find wildly unjust. victims, another part of the fight to The lawsuits are merely gun control My point is that most nuisance law- obtain justice for gun violence victims by a nonlegislative means. I happen to suits are taking to the courts an at- includes the NAACP’s current legal ac- oppose gun control, but even if I fa- tempt to bankrupt these manufactur- tion against firearms manufacturers vored it, I would be for this bill which ers. It is clear the courts agree, it is and dealers who have facilitated the will remove gun control policy-making clear my colleagues agree, it is clear supply of hand guns to an unlawful un- from the courts and return it to the the State legislatures agree; and so I derground market. Gun violence is the legislative arena where it belongs and urge my colleagues to support the bill. number one killer of African Ameri- where all competing interests have an Mr. WATT. Mr. Chairman, I yield cans ages 15 to 24. And though African opportunity to be considered. myself 30 seconds, just long enough to Americans represent 13 percent of the Mr. Chairman, this bill deserves, and respond to the gentleman that I am total U.S. population, they account for it has, broad bipartisan support. It will glad he demonstrated the court process the majority of gun homicides. The further the protection of gun-owner is working. Most of the cases he talked legal remedy being sought by the rights, and I urge its passage by the about have been dismissed if they did NAACP does not involve damages, but House. not have merit, and that is exactly rather calls on the gun industry to be- Mr. WATT. Mr. Chairman, I yield 41⁄4 what should happen to them. And to have responsibly. minutes to the gentlewoman from New distinguish for him between all of In the words of a New York Times York (Mrs. MCCARTHY). those cases, I know he would like to editorial, ‘‘Under cover of war, the do- Mrs. MCCARTHY of New York. Mr. put this bill in the category of volun- mestic gun industry is prodding Con- Chairman, I would like to straighten a teer protections and Good Samaritans, gress to anoint it as the ‘‘arsenal of de- few things that are being said here on but I do not think he is going to suc- mocracy’’ by enacting a disastrous bill the floor: Number one, this has nothing ceed on that front. to give gun makers and dealers unprec- to do with guns, and it does not; num- Mr. Chairman, I yield 31⁄4 minutes to edented protection from liability suits ber two, we are not trying to shut down the gentleman from Virginia (Mr. by State and local governments and gun manufacturers, and we are not; MORAN). victims of gun violence. number three, this is not about gun Mr. MORAN of Virginia. Mr. Chair- ‘‘The passage of this bill would do control, and it is not. man, this legislation is an attempt to nothing for average gun owners. What What this is basically about is trying provide special legal protection for the the sudden pressure to get it through to have, as victims, our day in court.

VerDate Jan 31 2003 02:28 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.028 H09PT1 H2972 CONGRESSIONAL RECORD — HOUSE April 9, 2003 My colleague said that we have frivo- When the gun manufacturers start hate to see the funding for these pro- lous cases in court. Yet it is funny be- really taking seriously where their grams wasted, defending these needless cause we always get into the case, yet guns are going, when the gun manufac- lawsuits that in all probability will be we are turned back because they say, turers start looking at the technology thrown out and dismissed in our Na- go to the legislative branch. The legis- that is out there to save lives, when tion’s court systems. lative branch is where you should be the gun manufacturers really start lis- In response to these attacks on our trying to change law. That is not going tening to, hopefully, the consumers Nation’s firearms industry, many to happen. This is a progun House and and not the NRA. And by the way, I do States, including Louisiana, have en- it is a progun Senate. Now we are basi- not think there is anybody in this acted laws. I urge Members to go along cally taking away every right that vic- Chamber, right or left, that is trying to with 31 of the other States that have tims have. take away the right of someone to own presented laws that have thrown out Let me say why we look at the gun a gun. these lawsuits and urge support of H.R. manufacturers on their distribution: Mr. SENSENBRENNER. Mr. Chair- 1036. mainly because we do know that a lot man, I yield 3 minutes to the gen- of these illegal guns that get on the Mr. WATT. Mr. Chairman, I yield 4 tleman from Louisiana (Mr. JOHN) to minutes to the gentleman from Vir- streets come from certain areas and show the continued bipartisan support ginia (Mr. SCOTT). are going through certain distributions for this bill. to gun stores. Yet the legislature here Mr. JOHN. Mr. Chairman, I thank the (Mr. SCOTT of Virginia asked and was given permission to revise and ex- passed a law that our ATF agents can- gentleman from Wisconsin (Mr. SEN- tend his remarks.) not even go and inspect a gun store ex- SENBRENNER) for yielding me this time. cept once a year, but only if they call Mr. Chairman, I rise in strong sup- Mr. SCOTT of Virginia. Mr. Chair- them first. port of H.R. 1036. As an original cospon- man, the bill has a number of technical What we hear is also, in my opinion, sor of this piece of legislation, I also problems which we have already heard a reckless attempt at providing special thank the gentleman from Florida (Mr. discussed, including one for which I legal protection for the gun industry. STEARNS) for his vision and leadership will have an amendment later in the We do not do it with other manufactur- in introducing this piece of legislation debate. But the point I want to make ers. This is different. The gun industry and allowing me to be part of the pas- here is, on page 3 of the bill, under should be subject to the same legal sage of this legislation through com- findings, the findings have as the num- standards of conduct that govern every mittee and now here on the floor. ber one finding, citizens have a right other industry. What makes this par- Mr. Chairman, frivolous lawsuits protected by the second amendment to ticular industry so special, we all know against gun manufacturers jeopardize a the United States Constitution to keep that it is the lobbyists. legitimate, legal, and I underscore and and bear arms. But let me say what we are trying to repeat, legal industry which is worth It is interesting that the word is do as far as the gun manufacturers. We billions of dollars to our national econ- ‘‘citizens,’’ plural, not an individual are asking them to make the guns omy. I cannot in good conscience sup- has a right. Just so there is no confu- safer. The technology is out there. I port any of these actions. sion, I think it is important to get the asked the Committee on Rules last Being from Louisiana, officially record straight on what the second night to have child safety locks able to known as the sportsmen’s paradise, and amendment says, particularly in light be sent out with every gun that goes I am an avid hunter and fisherman in a of the fact that the supporters of the out on the market. It certainly would region that depends heavily on the be up to the consumer whether they bill on numerous occasions in com- sporting industry, I can easily see the used that particular product on the mittee hearings have been unable to potential that these lawsuits have to gun or not, but we do know it would cite a single final judgment which sup- seriously restrict not only our free- save children’s lives. ports the idea that an individual has An attempt to improve the bill, as I doms but our constitutional rights. the right to bear arms under the sec- said, we see unintentional shootings Not only would continued frivolous ond amendment. commonly occur with children when lawsuits against gun manufacturers This goes back to the United States they find an adult-loaded handgun in a threaten the firearm industry, but it v. Miller case in 1939, where the court drawer or closet, and while playing would have an enormous impact on held that for the proposition, in the be- with it shoot themselves, a sibling or many other businesses that are depend- ginning of the second amendment, young friend. When reading the news- ent on this industry. These lawsuits mentioning well-regulated militia. It papers, one sees that this happens all could have serious negative economic says that the possession of a weapon too frequently. No matter how careful impact on the various hunting and must be reasonably related to a well- parents are, their child is still exposed sportsmen-related industries which de- regulated militia. The circuit courts to the potential negligence of a neigh- pend on safe, reliable gun manufac- have ruled on this. bor or relative or other adult that the turing. The First Circuit held that the sec- However, of even more concern to me child visits. ond amendment applies only to fire- is the possibility that if we continue to Instead of providing immunity to a arms having a ‘‘reasonable relationship allow municipalities across our coun- particular industry because of the po- to the preservation or efficiency of a try to file these suits against lawful tential legal costs associated with a well-regulated militia.’’ That is a 1939 gun manufacturers, we risk restricting lawsuit, we should first focus on the case. freedoms of something very dear to me, merits of the lawsuit. Many negligent In 1996, in the Third Circuit, defend- suits brought against gun manufactur- and that is rural America where the use of firearms is a very important and ant’s possession of machine guns did ers are based on the claim that the not have a connection with militia-re- product they manufacture and sell does integral part of our life-style and our lated activity required for second not take into consideration the fore- livelihoods. Rather than acting as a de- amendment protections to apply. seeable dangers associated with their terrent, as many of the opponents of product, for example, a child playing this legislation consider irresponsible, The Fourth Circuit, a 1995 case, stat- with a handgun. lawsuits such as these will take money ed that courts have consistently held Although I happen to agree with away from beneficial programs and that the second amendment only con- these claims, I believe we could limit safety programs. fers a collective right of keeping and them by ensuring the safety of a fire- The firearms industry has committed bearing arms which bear a reasonable arm if it falls into the hands of a child. millions of dollars to the safe, legal relationship to the preservation or effi- There are many things our gun manu- and responsible sale and use of their ciency of a well-regulated militia. facturers could do. There are many product. Millions of dollars are spent The Sixth Circuit, in 2000, held that things that have already been done each year by this industry to promote the lower courts have uniformly held against car dealers, against barbecue numerous preventive safety designs that the second amendment preserves a pits, all in the name of safety, all for and educational programs that pro- collective rather than an individual the safety of our American people. mote safe handling of firearms. I would right.

VerDate Jan 31 2003 02:28 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.030 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2973 The Seventh Circuit, the second Stevens v. U.S., 440 F.2d 144 (6th Cir. 1971). right to keep and to bear arms in the amendment establishes no right to pos- U.S. v. Johnson, Jr., 441 F.2d 1134 (5th Cir. second amendment of our Constitution. sess a firearm apart from the role pos- 1971). This right allows Americans to keep session of the gun might play in main- Love v. Pepersack, 47 F.3d 120 (4th Cir.), and own firearms for the protection of cert. denied, 516 U.S. 813 (1995). themselves, their families, and their taining a State militia. That is a 1999 U.S. v. Johnson, 497 F.2d 548 (4th Cir. 1974). case. U.S. v. Rybar, 103 F.3d 273 (3rd Cir. 1996), property. This right has helped to The Eighth Circuit stated that the cert. denied, 522 U.S. 807 (1997). guarantee freedom for every American purpose of the second amendment is to U.S. v. Graves, 554 F.2d 65 (3rd Cir. 1977). citizen for over 214 years. Unfortu- restrain the Federal Government from Eckert v. City of Philadelphia, 477 F.2d 610 nately, there are many people in our regulating the possession of arms (3rd Cir.), cert. denied, 414 U.S. 839 (1973). Nation who will do anything to destroy where such regulation would interfere U.S. v. Tot, 131 F.2d 261 (3rd Cir. 1942), rev’d this freedom; and as a Member of Con- with the preservation or efficiency of on other grounds, 319 U.S. 463 (1943). gress, I am fighting to uphold this U.S. v. Toner, 728 F.2d 115 (2d Cir. 1984). basic right. the militia. That is a 1992 case. U.S. v. Friel, 1 F.3d 1231 (1st Cir. 1993). The Ninth Circuit in 2002 stated that Opponents of the second amendment Thomas v. City Council of Portland, 730 have tried for years to pass laws to re- it is this collective rights model which F.2d 41 (1st Cir. 1984). strict the people’s access to firearms. provides the best interpretation of the U.S. v. Cases, 131 F.2d 916 (1st Cir. 1942), second amendment. cert. denied sub nom. In that effort they have been successful The Tenth Circuit, a 1977 case, to Velaquez v. U.S., 319 U.S. 770 (1943). in making the firearms industry one of the most regulated industries in Amer- apply the amendment so as to guar- U.S. FEDERAL DISTRICT COURTS ica, but that is not enough for the antee an appellant’s right to keep an Golt v. City of Signal Hall, 132 F. Supp. 2d antifirearm fanatics. Now they are at- unregistered firearm which has not 1271 (C.D. Cal. 2001). tempting to sue domestic manufactur- been shown to have any connection Olympic Arms v. Magaw, 91 F. Supp. 2d ers of firearms with the express pur- with the militia, merely because he is 1061 (E.D. Mich. 2000). pose of putting them out of business; technically a member of the Kansas U.S. v. Willbern, 2000 WL 554134 (D. Kan. Apr. 12, 2000). and if these efforts are successful, not militia, would be unjustifiable in terms U.S. v. Bournes, 105 F. Supp. 2d 736 (E.D. only would it destroy jobs and compa- of either logic or policy. Mich. 2000). nies that produce a product that the The Eleventh Circuit, a 1997 case con- U.S. v. Boyd, 52 F. Supp. 2d 1233 (D. Kan. Constitution itself protects our citi- cerning motivating the creation of the 1999), aff’d, 211 F.3d 1279 (10th Cir. 2000). zens’ right to own, they would do seri- U.S. v. Henson, 55 F. Supp. 2d 528 (S.D. W. second amendment, convinces us that ous damage to our homeland and our the amendment was intended to pro- Va. 1999). U.S. v. Visnich, 65 F. Supp. 2d 669 (N.D. national security. tect only the use or protection of weap- Currently there are lawsuits at- ons reasonably related to a militia ac- Ohio 1999). U.S. v. Caron, 941 F. Supp. 2d 238 (D. Mass. tempting to punish companies that tively maintained and trained by the 1996). make firearms because of the actions States. Mascowitz v. Brown, 850 F. Supp. 1185 of criminals. These lawsuits threaten I want the RECORD to reflect, in case (S.D.N.Y. 1994). the viability of these firms; and if suc- someone has read the second amend- U.S. v. Kruckel, 1993 WL 765648 (D.N.J. cessful, they would not keep firearms ment, that our record is replete with Aug. 13, 1993). out of the hands of criminals, but they what the second amendment means. Krisko v. Oswald, 655 F. Supp. 147 (E.D. Pa. would potentially keep them out of the 1987). [From the Legal Action Project] U.S. v. Kozerski, 518 F. Supp. 1082 (D.N.H. hands of those who protect our free- A SAMPLING OF COURT DECISIONS THAT SUP- 1981), cert. denied, 496 U.S. 842 (1984). dom. Take, for instance, the Colt Com- PORT THE MILITIA INTERPRETATION OF THE Vietmanese Fishermen’s Association v. pany, which is the target of one of SECOND AMENDMENT KKK, 543 F. Supp. 198 (S.D. Tex. 1982). these lawsuits. This company not only U.S. SUPREME COURT Thompson v. Dereta, 549 F. Supp. 297 (D. produces small arms, but it is also the U.S. v. Miller, 307 U.S. 174 (1939). Utah 1982). sole provider of the M–16 rifle that is Lewis v. United States, 445 U.S. 55 (1980). U.S. v. Kraase, 340 F. Supp. 147 (E.D. Wis. being used so ably by our troops in Op- 1972). U.S. COURTS OF APPEALS eration Iraqi Freedom and by our sol- U.S. v. Gross, 313 F. Supp. 1330. (S.D. Ind. diers fighting the war on terror world- U.S. v. Wright, 117 F.3d 1265 (11th Cir.), cert. 1970), aff’d on other grounds, 451 F.2d 1355 (7th denied, 522 U.S. 1007 (1997). Cir. 1971). wide. If this company is destroyed, U.S. v. Baer, 235 F.2d 561 (10th Cir. 2000) where will our soldiers get the arms STATE COURTS U.S. v. Oakes, 564 F.2d 384 (10th Cir. 1977), that they need to protect our free- cert. denied, 435 U.S. 926 (1978). Arnold v. Cleveland, 616 N.E.2d 163 (Ohio doms? From France? From Germany? U.S. v. Swinton, 521 F.2d 1255 (10th Cir. 1993). What about the Beretta USA Com- 1975), cert. denied, 424 U.S. 918 (1976). State v. Fennell, 382 S.E.2d 231 (N.C. 1989). U.S. v. Sandidge, 520 A.2d 1057 (D.C.), cert. pany, another target of these lawsuits? U.S. v. Hancock, 231 F.3d 557 (9th Cir. 2000), This company supplies the standard cert. denied, 121 S. Ct. 1641 (2001). denied, 108 S. Ct. 193 (1987). U.S. v. Finitz, 234 F.3d 1278 (9th Cir. 2000), Kalodimos v. Village of Morton Grove, 470 sidearm for all branches of the Armed cert. denied, 121 S. Ct. 833 (2001). N.E.2d 266 (III. 1984). Forces and provides firearms to count- Hickman v. Block, 81 F.3d 98 (9th Cir.), Masters v. State, 653 S.W.2d 944 (Tex.App. less law enforcement agencies across Cert. denied, 519 U.S. 912 (1996). 1983). our Nation. If this company is de- U.S. v. Lewis, 236 F.3d 948 (8th Cir. 2001). City of East Cleveland v. Scales, 460 N.E.2d stroyed, where will soldiers and law en- U.S. v. Farrell, 69 F.3d 891 (8th Cir. 1995). 1126 (Ohio App. 1983). forcement officers get the arms to pro- U.S. v. Hale, 978 F.2d 1016 (8th Cir.), Cert. State v. Vlacil, 645 P.2d 677 (Utah 1982). tect our freedom and to keep our In Re Atkinson, 291 N.W.2d 396 (Minn. 1980). denied, 507 U.S. 997 (1993). streets safe? U.S. v. Nelson, 859 F.2d 1318 (8th Cir. 1988). State v. Rupp, 282 N.W.2d 125 (Iowa 1979). Commonwealth v. Davis, 343 N.E.2d 847 Take the Sig Arms Company, an- Cody v. U.S., 460 F.2d 164 (8th Cir.), cert. de- other target of these lawsuits. This nied, 409 U.S. 1010 (1972). (Mass. 1976). U.S. v. Decker, 446 F.2d 164 (8th Cir. 1971). Burton v. Sills, 248 A.2d 521 (N.J. 1968), ap- company makes a sidearm of choice U.S. v. Synnes, 438 F.2d 764 (8th Cir. 1971), peal dismissed, 394 U.S. 812 (1969). carried by the men and women who vacated on other grounds, 404 U.S. 1009 (1972). Harris v. State, 432 P.2d 929 (Nev. 1967). protect the President of the United Gillespie v. City of Indianapolis, 185 F.3d Mr. SENSENBRENNER. Mr. Chair- States, as well as the official sidearm 693 (7th Cir. 1999), cert. denied, 528 U.S. 1116 man, I yield 3 minutes to the gentle- of the Navy SEALS. (2000). woman from Michigan (Mrs. MILLER). The aim of such suits is clear, to de- Quilici v. Village of Morton Grove, 695 F.2d stroy our American firearms industry, 261 (7th Cir. 1982), cert. denied, 464 U.S. 863 b 1215 in a blatant attempt to deny law-abid- (1983). Mrs. MILLER of Michigan. Mr. ing citizens access to firearms and to U.S. v. McCutcheon, 446 F.2d 133 (7th Cir. Chairman, I appreciate the gentleman 1971). stop them from exercising their con- U.S. v. Napier, 233 F.3d 394 (6th Cir. 2000). yielding me this time. stitutional right to keep and to bear U.S. v. Warin, 530 F.2d 103 (6th Cir.), cert. Mr. Chairman, our Nation’s Founding arms. Not only are the rights of Amer- denied, 426 U.S. 948 (1976). Fathers, in their wisdom, guaranteed ican citizens at stake but so is our na- U.S. v. Day, 476 F.2d 562 (6th Cir. 1973). the people of America the fundamental tional security. The men and women in

VerDate Jan 31 2003 03:56 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.032 H09PT1 H2974 CONGRESSIONAL RECORD — HOUSE April 9, 2003 the armed services and the men and tleman from New York (Mr. BOEH- Mr. WATT. Mr. Chairman, I yield 2 women in law enforcement need to LERT), the chairman of the Committee minutes to the gentleman from New have the best possible firearms to pro- on Science. Jersey (Mr. PASCRELL). tect our freedom, to defeat terrorists, (Mr. BOEHLERT asked and was given Mr. PASCRELL. Mr. Chairman, to and to safeguard our streets. We must permission to revise and extend his re- the gentlewoman from Michigan, I protect freedom. I urge my colleagues marks.) need to respond because no one is sug- to support this important legislation. Mr. BOEHLERT. Mr. Chairman, I rise gesting in this body today that we Mr. WATT. Mr. Chairman, I yield 4 in strong support of H.R. 1036, the Pro- change the right to bear arms, and to minutes to the gentleman from Massa- tection of Lawful Commerce in Arms suggest that those who oppose this leg- chusetts (Mr. DELAHUNT). Act. The purpose and intent of this bill islation are aiding criminals and ter- Mr. DELAHUNT. Mr. Chairman, I am are simple. Legal manufacturers of rorists and hurting our Armed Forces genuinely concerned about our justice legal products that are sold legally and and uniformed law enforcement is in- system in this country, both civilly purchased legally and used legally credible pap. That is what it is; and as and criminally. This bill is but the lat- should not be held liable for the subse- a vet, I resent it. est in a series of assaults by this Con- quent illegal misuse of their products Those who profit from the sale of gress on the right of the people to somewhere far down the chain. Our Na- guns have the ultimate responsibility apply to the courts to seek redress for tion’s firearm manufacturers have been to safeguard the American public by their grievances. And it is also but the providing high-paying, stable jobs for ensuring that their weapons do not get latest in a series of assaults on the generations and have become part of into the wrong hands, but we all know right of the States to provide remedies the American tradition. They are sup- that this is often not the case. We have under the law for the wrongs done to plying our Nation’s hunters and target all heard on far too many occasions their citizens. If we continue, Mr. shooters and other sports enthusiasts stories of dealer negligence that results Chairman, we will have a justice sys- with quality products which, once in tragic consequences. tem that is available only for business again, are legally manufactured, le- Take the case of David Lemongello. litigation. That is the direction in gally sold, legally purchased, and le- David is a graduate of Bloomfield High which we are going. gally used for legal activities. School in my district, had his career as What situation, what emergency My district is home to three such a police detective, his lifelong dream, would have prompted the sponsors of manufacturers, Remington Arms, the cut short from the injuries he sus- this bill to deny victims their rem- Ithaca Gun Company and Dan Wesson tained at the hands of a career crimi- edies? According to the findings in this Firearms. Founded in 1816, Remington nal with a gun. And where did the gun bill, the emergency is ‘‘lawsuits have Arms has been a faithful supplier of that shot David three times come from? How did a criminal get his hands been commenced’’ against the gun in- quality firearms to this country in on the gun that ended David’s career? dustry. I am not kidding. The reason times of conflict and war and has been It was thanks in large part to an irre- given is that lawsuits have been com- a leader in the commercial market for sponsible gun dealer. The criminal got menced. One wonders what other indus- sporting arms and ammunition and ac- it from a gun trafficker who bought it try would have the clout, let alone the cessories. For over 187 years, the com- along with 11 other handguns from a audacity, to come to Congress and seek pany has set the standard for safe and West Virginia gun dealer. blanket immunity from the con- responsible use of firearms. Do my colleagues not think that if sequences of their misbehavior because The Ithaca Gun Company was found- someone comes into a gun shop with lawsuits have been commenced against ed in 1880, and it too has a proud and thousands of dollars and purchases a it. rich history. Today with the fast pace dozen handguns that an automatic red Lawsuits are commenced every day. and rush-rush mode that is evident in flag should go up? Do my colleagues Most of them never reach a jury. Sure just about everything, it is refreshing not think that there should be some enough, when I asked the industry wit- to know that every Ithaca gun is still accountability when gun dealers do not ness how many of these lawsuits had finished and assembled in the same take even the minimum amount of actually resulted in a jury verdict way as it was over 100 years ago, by the oversight? Is there anyone here willing awarding damages against the indus- hands of a skilled Ithaca gun maker. to tell David Lemongello to his face try, he could come up with only one Dan Wesson Firearms, located in that he does not have the right to hold case in which a verdict had been re- Norwich, New York was founded back this irresponsible gun dealer account- turned, one case; and then it turned in 1968 by the great grandson of D.B. able for the pain and the anguish he out upon further questioning that even Wesson, co-founder of Smith & Wesson. has suffered? Who here will tell David that one award had been reversed on They too place an enormous amount of Lemongello that he does not deserve appeal. The truth is that this legisla- skill and craftsmanship into each fire- his day in court? tion will continue to erode our justice arm they manufacture. Mr. SENSENBRENNER. Mr. Chair- system as well as the 10th amendment. Remington Arms, Ithaca Gun Com- man, I yield 2 minutes to the gen- I cannot believe that this body con- pany and Dan Wesson Firearms are tleman from Iowa (Mr. KING). tinues to allow the rights of the indi- three classic examples of responsible Mr. KING of Iowa. Mr. Chairman, I vidual States to be encroached on by American companies that take pride in thank the gentleman for yielding me the Federal Government. Whatever producing quality products while at this time. happened to devolution? Whatever hap- the same time employing thousands of I rise in support of the Protection of pened to the 10th amendment? American men and women, and I am Lawful Commerce in Arms Act. If I had The State courts have been doing proud to have them located in my dis- listened to the opposition on this and their job well. There has been no rash trict. we had followed that path of logic, of questionable verdicts, no epidemic of It is time we put a stop to frivolous then auto dealers would be next. Law- excessive jury awards. In fact, the pro- lawsuits against our Nation’s respon- ful commerce in anything, where there ponents have been unable to point to a sible gun manufacturers. Those frivo- are far more accidents and far more in- single final judgment in any court in lous lawsuits not only cost manufac- juries with automobiles, I cannot dis- this country that supports the ration- turers dearly in terms of what should connect the logic between the lawful ale for this legislation, not one. So, be unnecessary legal costs, but they manufacturers of firearms. But the please, let us hear no more about law- also cost America’s sportsmen dearly goal of this reckless law is to finan- suits that have been commenced. Let in terms of the added charge which has cially destroy the firearms industry by them ask for immunity when the to be built into the price of every fire- filing countless meritless lawsuits. courts actually start holding them ac- arm for those same unnecessary legal These suits are based on the absurd countable for their negligence. That is costs. legal theory that gun manufacturers when the proponents of this bill should Support our responsible firearm man- and dealers should be held responsible come back to this Congress. ufacturers and our honest law-abiding for the acts of violent criminals who Mr. SENSENBRENNER. Mr. Chair- sportsmen, and join me in support of use safe, nondefective firearms to com- man, I yield 3 minutes to the gen- this measure. mit violent crimes.

VerDate Jan 31 2003 03:56 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.034 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2975 Although losses in court continue to this floor today would automatically that we can demonstrate our commit- mount for lawyers who bring these dismiss that suit without so much as a ment to a safer America. baseless suits, the firearms industry is trial. I do not know if the dealer is lia- Mr. WATT. Mr. Chairman, I yield 2 still saddled with the cost of defending ble in this case, but that is not my de- minutes to the gentleman from Oregon them in court. We should be outraged cision to decide, nor is it the people of (Mr. BLUMENAUER). that certain lawyers and gun-ban advo- this body’s decision to decide. Mr. BLUMENAUER. Mr. Chairman, I cates feel that they can circumvent the Mr. Chairman, this bill denies Ameri- appreciate the gentleman’s courtesy in legislative process by moving their cans one of their most basic rights. I permitting me to speak on this. anti-second amendment efforts into understand that the issue of gun vio- It is unfortunate that people are will- the courts. lence is a contentious one, but I think ing to accept the astoundingly high I am a stalwart defender of our sec- we can all agree that this body should rate of gun violence in this country. ond amendment freedoms. They are work to protect our citizens, not the Every Member of this Chamber knows guaranteed to us by the Constitution, Washington gun lobby. This is special people who have been touched by need- and I oppose any attempt to water protection for a very special interest. less gun violence, and we are set to ac- down the principles embodied in the This is a bad bill, which sets a dan- cept more damage unless and until we second amendment. The first and most gerous precedent, and I strongly urge are willing to accept common-sense important reason for the second my colleagues on both sides, people of steps to reduce gun violence that will amendment as intended by our Found- good values and good principles, to save lives. The step that my colleague ing Fathers was to provide a deterrent vote against this legislation. from Rhode Island just mentioned will for tyrants. Mr. WATT. Mr. Chairman, I yield 2 not interfere with anybody’s right to b 1230 minutes to the gentleman from Rhode hunt, will not interfere with the manu- Island (Mr. LANGEVIN). facture; it simply extends the simple The right to keep and bear arms was Mr. LANGEVIN. Mr. Chairman, I common-sense consumer protection meant to ensure that citizens can de- thank the gentleman for yielding me fend our democratic republic from des- that we accept for toy guns to real time. pots and those who seek to take away guns. It is not rocket science, it is not Mr. Chairman, I rise today in strong our rights and free society. a lack of compassion, it is just simply Today, lawsuits against the firearms opposition to H.R. 1036. By protecting doing the right thing. industry threaten to drive it out of an industry from liability, we elimi- I believe we will live to see the day business. These businesses are vital to nate a major incentive for it to operate when we stop the dark side of gun traf- our national interest. They supply our in a safer way, and ultimately we make ficking in this country, when we ex- troops with weapons that they use in people and corporations less account- tend simple common-sense consumer the war in Iraq. Our homeland law enable for questionable manufacturing protections, when we have the courage forcement officers also need the weap- and sales practices. in this Chamber to fund adequate en- ons manufactured by these companies As an individual who was paralyzed forcement of the gun laws that we to defend us against terror and protect at the age of 16 when a police officer’s have. But, until that day comes, for our homeland. If we allow frivolous gun accidentally discharged and sev- God’s sake, do not make the situation lawsuits to bankrupt the industry, we ered my spinal cord, I know how a per- worse. are only hurting ourselves, both at son’s life may be changed by gun vio- Extending protections to the gun in- home and abroad. lence or accidents. dustry, unnecessary protections, alone, Mr. WATT. Mr. Chairman I yield 2 Our society frequently witnesses the is not going to move us forward. It is a minutes to the gentleman from Illinois needless misfortunes that can take step backward. It reinforces the notion (Mr. EMANUEL). place due to firearm mishandling, and that we are powerless, that all we have (Mr. EMANUEL asked and was given we should strive to make our society to do is pander to the people who make permission to revise and extend his re- safer. Yet this bill would move us away a career out of twisting the second marks.) from that goal. Too many people who amendment. Mr. EMANUEL. Mr. Chairman, I rise suffer from gun violence and accidents Mr. Chairman, I strongly urge that in strong opposition to H.R. 1036, the are victims of an industry that fights we reject this proposal today and avoid Gun Manufacturer’s Liability Reform every effort to improve the safety of its the shameful record that we have with Act. Shielding gun makers, dealers and products, including the installation of unnecessary gun laws that lose lives distributors from liability and dis- chamber load indicators and trigger and shatter families. missing all pending lawsuits is the locks, features that could have changed Mr. WATT. Mr. Chairman, I yield most egregious form of corporate wel- the course of my life. myself the balance of my time. fare I have yet to see. This is special They are victims of dealers who look Mr. Chairman, I thank all Members treatment for a special interest. The the other way as their wares are used who have participated in the debate. I gun industry would become the envy of for criminal activity, and gun control would just reemphasize the five points every industry. It is a back-handed in- laws that are not sufficiently enforced. that I made at the outset of this de- sult to tens of thousands of victims of Supporters of the bill claim that it has bate. gun violence each year. exemptions to permit lawsuits in the This legislation is extreme. It is un- Let us apply the Firestone tire test. case of clear knowledge of criminal ac- precedented because it will give gun We should all agree that those who tivity or negligence. But they will not manufacturers, sellers and dealers im- have been in accidents caused by Fire- mention that the exemptions are so munity that no other industry has in stone tires have the right to their day narrowly worded that they are mean- America. It is not well thought out, be- in court. If Firestone had provisions ingless. cause it has not gone through the proc- similar to H.R. 1036, Americans whose They also make intriguing parallels ess in a proper way and had amend- families were either killed or injured about how the gun industry is cur- ments put on it. It is unconstitutional. would lose their right and there would rently being held to a higher standard Finally, it is politically motivated. be no recourse. than other industries, while not recog- Mr. Chairman, I urge my colleagues On July 3, 1999, 43-year-old Ricky nizing the exemptions from Federal to vote against this legislation. Byrdsong, basketball coach for North- consumer safety laws that the gun in- Mr. SENSENBRENNER. Mr. Chair- western University in Evanston, Illi- dustry enjoys. man, I yield myself the balance of my nois, was out walking with his chil- I am deeply disappointed that this time. dren. During his walk, he was shot and measure will not do a single thing to Mr. Chairman, the proponents of this killed with a gun which was illegally prevent gun violence or accidents in bill have stated time and time again purchased from a dealer who probably the United States. However, I am even that courts have determined that those should have known better than to sell more disturbed that it may exacerbate who file lawsuits against the firearms the weapon. our existing problem. industry are doing so because they The family of Ricky Byrdsong, the Mr. Chairman, I strongly urge my want to bankrupt the industry. They coach, is currently suing. This bill on colleagues to vote against H.R. 1036, so want to bankrupt the industry through

VerDate Jan 31 2003 03:56 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.035 H09PT1 H2976 CONGRESSIONAL RECORD — HOUSE April 9, 2003 legal fees, and even though they might tional safeguards to keep firearms away from Therefore, I cannot support this legislation. not win their cases in court, there is no children. Mr. WAXMAN. Mr. Chairman, I rise in reimbursement for the defense costs We should not be taking up legislation that strong opposition to H.R. 1036. This bill is that have to be run up once a lawsuit prevents gun manufacturers from being held special interest legislation of the worst kind. It is filed. accountable. Instead, we should be voting on would grant extensive immunity from liability to Now, anybody who uses a firearm for legislation that will help to prevent gun vio- gun manufacturers and gun dealers. illegal purposes, we should throw the lence from even occurring. Under current law, gun manufacturers and book at. I certainly support what has I urge my colleagues to oppose this legisla- gun dealers must act responsibly. Like other gone on in Richmond in Project Exile, tion. businesses and individuals, if they act neg- and I hope we can give the Justice De- Mr. TOWNS. Mr. Chairman, I rise in opposi- ligently—or if they blatantly disregard the obvi- partment enough money to extend tion to H.R. 1036. If this bill were to become ous consequences of their actions—they may Project Exile nationwide. I also strong- public law, the gun industry would be granted be held liable. ly support the InstaCheck system that more liability protection than any other industry H.R. 1036 would eviscerate this protection. is designed to keep firearms out of the in America. I must say that I’ve heard of The bill says to gun manufacturers and gun hands of people who have not been law- throwing bones to constituency bases before, dealers: go ahead and ignore common sense, fully able to possess those firearms for but I might define this as the 96 ounce Peter disregard the consequences of your actions, over 70 years, convicted felons, adju- Lugar’s Porterhouse with all the sides in- and we will let you off the hook. You are no dicated mental incompetents and some cluded. longer responsible for your actions. This spe- other people. The gun industry dumps thousands and cial exemption will endanger our citizens and But we should not use the judicial thousands of guns onto the streets in munici- almost certainly cost lives. process to bankrupt an industry that palities like New York and has never been Furthermore, this bill is drafted so broad and produces a legal product. If you do not held responsible for their irresponsible actions. carelessly that it could extend complete immu- like the product, introduce a bill here This bill would make it impossible to hold the nity from liability to gun dealers—even if they to make it illegal. I will vote against industry accountable for their actions. sell weapons to suspected terrorists. To resolve that ambiguity, I offered an it, but at least you can deal with that H.R. 1036 would also prohibit future law- amendment in the Rules Committee to ensure directly through the democratic proc- suits and dismiss current liability lawsuits un- that gun dealers are held accountable when ess, rather than going through the derway against the gun industry. I am particu- they sell weapons to people they know or sus- back door and trying to get the courts larly concerned about the timing of this bill pect are members of terrorist organizations, or to do what legislatures and the Con- given the lawsuit filed by the NAACP against people they know are likely to supply these the gun industry, which is currently taking gress have failed to do. weapons to terrorist organizations. Mr. JOHNSON of Illinois. Mr. Chairman, I place in U.S. District court in Brooklyn. This But the Rules Committee refused to allow would like to express my strong opposition to bill would prohibit that suit from going forward. debate on my amendment. This is simply inex- the words used by Congresswoman CUBIN in Instead of dealing with the real problems plicable. My amendment would clarify that gun reference to an amendment to H.R. 1036 of- that are confronting us such as job security or dealers who sell to terrorists are not shielded fered by Congressman WATT. While her com- a prescription drug bill for seniors, the Repub- from liability. Are we so captured by the gun ments were within the parliamentary rules of lican leadership rushed this bill to the House industry that we want to immunize the industry the House of Representatives, they were floor before the NRA convention begins in a from liability even when terrorists are in- clearly improper and offensive, and had at couple of weeks. This bill should be defeated. volved? least the appearance of racial basis. I appre- Mr. UDALL of Colorado. Mr. Chairman, I will There is an exemption in the bill that would ciate Congresswoman CUBIN’s subsequent vote against this bill, because I do not see hold dealers liable if they know or should have apology, and her statement that her words why it is necessary or desirable for Congress known that a buyer would use the weapons to were incomplete and misinterpreted, but I un- to act now to restrict just one kind of lawsuit, injure himself or others. But what about the equivocally denounce the original statement, against just one kind of manufacturer. more dangerous prospect of a suspicious and it is my sincere hope that it is not inter- My reluctance to support such legislation is buyer who is acquiring the weapons to give to preted as indicative of the views and senti- increased when it not just prospective, but someone else in his terrorist organization. ments of this distinguished body. would require the immediate dismissal of These is an exemption in the bill to preserve Mrs. MALONEY. Mr. Chairman, I rise today cases that are now being considered by the civil liability if the dealer is convicted of ‘‘know- in opposition to H.R. 1036, The Protection of courts. ingly’’ assisting the commission of a violent Lawful Commerce in Arms Act. I am not a lawyer, and it seems to me that act. But what about a gun dealer that has a The sole intent of this bill is to divert the re- the courts are in a much better position than strong suspicion—not definite knowledge—that sponsibility of gun manufacturers in ensuring I am to decide whether the people bringing the weapon is going to end up in the hands the safe distribution of firearms in our society. these lawsuits have valid claims or whether of a terrorist organization. Passage of this legislation would cripple the the complaints are frivolous. This is precisely the difference between public’s ability to seek justice in instances of It happens that this bill deals with lawsuits criminal conduct and civil negligence. Our civil negligence by these manufacturers. against firearms manufacturers. But my con- liability laws require that people act reason- Why are we exempting the gun industry cerns would be the same if the bill dealt with ably, even if there is no criminal penalty. And from liability provisions that we apply to other similar lawsuits against the makers of other this is exactly the protection this bill would manufacturers, even the makers of toy guns? consumer products—for example, auto- eliminate. It is in the timing of this bill that the true in- mobiles, electronic appliances, or toys. We are in a war against terrorism. The last tent of the Majority becomes evident. This bill During the debate, some of the bill’s sup- thing we should do is immunize gun dealers was conveniently taken off the schedule dur- porters have argued that firearms manufactur- who traffic with suspected terrorists. Yet that is ing the sniper shootings in the Washington ers are different because there is a Constitu- just what this bill does. It is dangerously short- metropolitan area last fall, but now been tional right to keep and bear arms. But the sighted that the Rules Committee blatantly ig- brought back just in time for the NRA’s annual freedom of the press is also protected by the nored an opportunity to fix it. conference. Constitution—yet I have not heard anyone say Civil liability should be determined based on Every step must be taken to keep these that Congress has to cut off lawsuits against a comprehensive review of all the relevant cir- deadly weapons out of criminal hands. We the makers of printing presses or television cumstances. But there should be no impreg- must look past the interests of lobbyists and cameras in order to sustain that right. nable shield to liability, because that only en- look deeply at the interests of the American And, if the lawsuits covered by the bill are courages careless and reckless behavior. This public. If gun manufacturers and dealers are contrary to the Constitution, I am confident is wrong, and it is dangerous. That’s why this involved with the illegal and irresponsible that the judges—who are sworn to uphold the bill must be defeated. sales of firearms, then it is essential that those Constitution—will dismiss them. Mr. OTTER. Mr. Chairman, I rise today to who violate the law are held responsible. There is no doubt lawsuits can be costly, address H.R. 1036, the Protection of Lawful A study conducted by The Department of and I am not in favor of frivolous lawsuits. But, Commerce in Arms Act. In light of the con- Justice revealed that 12.7 percent of students based on what I know now, I think we in the certed efforts by opponents of the Second age 12 to 19 reported knowing a student who Congress should leave it to the courts to de- Amendment to destroy the gun industry brought a firearm to school. This statistic cide which of the lawsuits covered by this bill through frivolous lawsuits, it has become im- speaks directly to the need for providing addi- are frivolous and which are not. perative we provide manufacturers and sellers

VerDate Jan 31 2003 03:56 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 9920 E:\CR\FM\K09AP7.037 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2977 of firearms and ammunition protection from manufacturers from liability when their prod- If passed without substantial amendment, these attacks. I find the idea of holding an in- ucts are used to kill. H.R. 1036 will deny justice to America’s gun dustry liable for the criminal misuse of their Ms. JACKSON-LEE of Texas. Mr. Chair- violence victims. It will grant unfettered power legal products deplorable. Our nation cannot man, I oppose H.R. 1036, The Protection of to gun manufacturers to produce unsafe guns. allow the innocent to pay for the dealings of Lawful Commerce In Arms Act. It will enable gun merchants to negligently and the guilty, or we serve to circumvent the very H.R. 1036 is nothing more than special in- recklessly sell their guns to criminals. foundation of the rule of law. Those individ- terest legislation that grants the gun industry I oppose H.R. 1036 as it is presently draft- uals, not the makers of the means, who com- legal immunity from the vast majority of civil ed, and support the Amendments offered by mit violent crimes, with or without the use of lawsuits. The bill generally prohibits any action my colleagues. a firearm, must take personal responsibility for ‘‘brought by any person against a manufac- Mr. VITTER. Mr. Chairman, today I rise in their actions through the restitution and civil turer or seller of a qualified product, or a trade strong support of H.R. 1036, the Protection of penalties affirmed by law. association, for damages resulting from the Lawful Commerce in Arms Act. Without this legislation, further unfounded criminal or unlawful misuse of a qualified prod- This bill protects licensed manufacturers lawsuits against the gun industry will lead to uct by the person or a third party.’’ and sellers of firearms or ammunition from an encroachment upon our second amend- This is a drastic departure from established lawsuits based on criminal use by a third ment rights. Congress must work diligently to principles of liability law, which generally hold party. It’s patently absurd—and bad legal the- reduce the level of political rhetoric sur- that persons and companies may be held lia- ory as well—to allow these sorts of lawsuits to rounding gun control, protect the Second ble for the foreseeable consequences of their move forward. This legislation today is an im- Amendment, and promote the role of personal negligent or wrongful acts, including the fore- portant step in stopping it. Just as importantly, these lawsuits seriously responsibility in society. seeable criminal conduct of others. H.R. 1036 Mr. STARK. Mr. Chairman, I rise today in will bar suits against not only gun manufactur- threaten the Second Amendment rights of law- strong opposition to this outrageously irre- ers, but also dealers, distributors, and trade abiding citizens. Time and again those who sponsible legislation put forth by the Repub- associations. would curtail firearm rights enshrined in our If H.R. 1036 is passed, the well-accepted Constitution have tried to regulate and legis- lican Majority. Giving gun makers, gun deal- legal principle that gun manufacturers are lia- late against our freedoms. The American peo- ers, and gun sellers total immunity from prod- ble for failing to include feasible safety devices ple rightly have opposed and rejected these uct liability doesn’t make our streets safer of that prevent injuries caused by foreseeable misguided efforts. Now the same folks are try- our neighborhoods any more secure. use or misuse of their products will be wiped The manner in which this bill finds its way ing to use the courts and twist the law into out. Likewise, there will be no legal liability for achieving their aims. Therefore, this response to the floor deserves some attention. It is my dealers who have negligently sold numerous from Congress is not something done to understanding that the Judiciary Committee guns to gun traffickers. please any special interests other than the Majority developed this legislation in secret, This legislation goes beyond simply holding American people and the Bill of Rights. bypassed the subcommittee and prevented the gun industry liable because a criminal mis- Thirty-one states have laws that prevent the Minority in Full Committee to make any uses a gun. This legislation would make the these junk lawsuits, and I am pleased that my amendments to it—a trend all too familiar. gun industry immune from suits for negligent home state of Louisiana is one of them. The In the 107th Congress, similar gun liability sales and defective designs. H.R. 1036 immu- Federal government should act quickly and I legislation was introduced, made its way to the nizes the gun industry from civil lawsuits by hope that the courts dismiss these junk law- House calendar, but didn’t get far. The me- both government entities and individual citi- suits as well. dia’s focus of the sniper attacks in Wash- zens, both of whom would lose their legal I commend Congressman STEARNS and the ington, DC provoked an outcry of horror as the rights to civil damages. This could have a pro- Judiciary Committee for their hard work in pro- country watched the violence of guns first- found impact on the victims of gun violence. ducing this legislation, and I strongly urge my hand. Ironically, that atrocious bill was put on At a minimum, the victims of gun violence colleagues to support this bill. the back burner. It would have illuminated the have the right to have their day in court. It is Mr. CARSON of Oklahoma. Mr. Chairman, I legislation for what it was, autonomy from ludicrous to deny the families of persons killed rise in support of H.R. 1036, the Protection of product liability for the gun lobby. by negligently or recklessly manufactured or Lawful Commerce in Arms Act. So, here we are today to debate the issue sold guns the right to seek justice in courts of As my esteemed colleagues have dis- in less traumatic times, but the fact remains law. H.R. 1036 not only deprives gun violence cussed, H.R. 1036 would prohibit civil lawsuits that this legislation has not changed—it is victims of the chance to bring future lawsuits, from being brought against gun manufacturers reckless, pro gun political banter. it dismisses all qualified pending civil lawsuits by parties that have been injured by the un- Proponents will tout fallacies that H.R. 1036 against the gun industry in both federal and lawful use of firearms. is considered necessary to weed out frivolous state courts. Mr. Chairman, I am a great believer in per- lawsuits, and that this legislation will not out- In my home state of Texas, for example, the sonal responsibility. It is one of the key prin- law lawsuits brought by injured private citi- family of murder victim Raymond Lamb Payne ciples upon which America was founded. The zens. Instead, they say, it would simply pre- will have their case against a pawn shop Protection of Lawful Commerce in Arms Act vent the gun industry from being held legally called EZ Pawn dismissed. In that case, Ray- would strengthen this great notion. responsible because a criminal misused a mond Lamb Payne was shot and killed by Imposing liability on an entire industry for gun. In fact, these allegations couldn’t be far- David Lee Williams. David Lee Williams had harm caused solely by the unlawful actions of ther from the truth. This bill will immunize the been committed to a mental institution and others is an abuse of the United States legal gun industry from most lawsuits brought by was by law not permitted to purchase a gun. system—it undermines public confidence in anyone—including private citizens and govern- David Lee Williams’ brother warned EZ Pawn our judicial system and threatens the viability ment entities. that David Lee Williams had mental illness, of law-abiding companies. Manufacturers for every other consumer and had threatened to kill people. Despite the Frivolous lawsuits against the firearm indus- product in this country must adhere to strict warning EZ Pawn negligently sold David Lee try are nothing more than an attack on the regulations on product liability. However, my Williams a gun. Five days later that same gun Second Amendment. It seems a logical anti- colleagues on the other side of the aisle be- was used to murder Raymond Lamb Payne. gun tactic to me, if you can’t lawfully prevent lieve the gun industry should be exempt from Under H.R. 1036, EZ Pawn will be immune the sale of guns, then you go after the people criminal and negligent acts. from liability and the family of Raymond Lamb who sell guns and make them afraid to sell Conveniently, this bill is being debated just Payne will have their pending case dismissed. their lawful products for fear of incurring sub- weeks before the National Rifle Association The gun industry is one of only two indus- stantial financial liability. Thus far, these frivo- holds its annual meeting. That assures that tries, along with the tobacco industry, that is lous and merit-less lawsuits have had little House Republicans can show up at their con- exempt from federal safety oversight. Lawsuits success in court. Their only success is in plac- ference having passed a priority bill for a huge are an important tool, the only tool, available ing an enormous financial burden on gun campaign supporter. to motivate the gun industry to act responsibly, manufacturers. However, these litigation costs I have been a long time supporter of stricter and to engage in reforms that make guns and are then passed onto consumers and makes laws regulating guns in our nation. I also op- gun sales safer. Lawsuits against the gun in- it more difficult law-abiding citizens to own pose any individual or entity being granted dustry are not frivolous, as gun proponents guns. In the end, the ones who suffer the blanket immunity from product liability. I urge claim. That is clear from the fact that many most are law-abiding consumers. my colleagues to vote against this bill that lawsuits against the gun industry have been H.R. 1036 would help protect our Second both weakens our gun laws and removes gun successful in court. Amendment rights by protecting legitimate

VerDate Jan 31 2003 03:56 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 9920 E:\CR\FM\A09AP7.047 H09PT1 H2978 CONGRESSIONAL RECORD — HOUSE April 9, 2003 businesses that comply with federal, state and form the basis of a free and moral society. It is time for Congress to do so nationwide. local gun laws. It is time to stop these frivo- The root problem of violence is not the gun in It’s the right thing to do for America’s security. lous lawsuits that threaten to bankrupt a re- the hand, but the gun in the heart: each per- Mr. SULLIVAN. Mr. Chairman, today, I rise sponsible American industry by blaming the son is accountable for the deeds that flow out in support of H.R. 1036, the Protection of Law- firearm industry for the actions of criminals. I of his or her own heart. One can resort to any ful Commerce in Arms Act of 2003. urge my colleagues to support the Protection means available to complete a crime (such as I am a cosponsor of this legislation for sev- of Lawful Commerce in Arms Act. knives, fertilizer, pipes, and baseball bats). eral reasons. First, I do not believe that li- Mr. PAUL. Mr. Chairman, I rise today as a Should we start suing the manufacturers of censed gun manufacturers and merchants firm believer in the second amendment to the these products as well because they are used should be held legally responsible for the un- United States Constitution and an opponent of in crimes? Of course not—its implications are lawful use of their lawful products. Second, I all federal gun laws. In fact, I have introduced preposterous. feel this constitutes a violation of tort law, and legislation, the Second Amendment Restora- Finally, Mr. Chairman, I would remind my could send a dangerous precedent for future tion Act (H.R. 153), which repeals the mis- fellow supporters of gun rights that using un- lawsuits affecting many other industries to guided federal gun control laws such as the constitutional federal powers to restrict state come. Brady Bill and the assault weapons ban. I begun lawsuits makes it more likely those same Tort law rests upon a foundation of indi- lieve that the second amendment is one of the powers will be used to restrict our gun rights. vidual responsibility in which a product may foundations of our constitutional liberties. How- Despite these lawsuits, the number one threat not be defined as defective unless there is ever, Mr. Speaker, another foundation of those to gun ownership remains a federal govern- something wrong with the product, rather than liberties is the oath all of us took to respect ment freed of its constitutional restraints. Ex- with the product’s user. the Constitutional limits on federal power. panding that government in any way, no mat- Today, this Congress has the opportunity to While I understand and sympathize with the ter how just the cause may seem, is not in the address frivolous lawsuits and protect a legal goals of the proponents of the Protection of interests of gun owners or any lovers of lib- and law-abiding industry from legal excess. Lawful Commerce in Arms Act (H.R. 1036), erty. We should pass this legislation to end the ef- this bill exceeds those constitutional limita- In conclusion, while I share the concern fort to drive law-abiding firearm manufacturers, tions, and so I must oppose this bill. over the lawsuits against gun manufacturers, distributors, and dealers into bankruptcy under It is long past time for Congress to recog- which inspired H.R. 1036, this bill continues nize that not every problem requires a federal the crushing weight of illegitimate lawsuits. the disturbing trend toward federalization of solution. This country’s founders recognized Congress has a constitutional authority to tort law. Enhancing the power of the federal the genius of separating power amongst fed- protect the interstate commerce in firearms, a government is not in the long-term interests of eral, state and local governments as a means lawful and legal product. I urge my colleagues defenders of the second amendment and to maximize individual liberty and make gov- to vote for this sensible legislation and set a other constitutional liberties. Therefore, I must ernment most responsive to those persons precedent of legal business protection. oppose this bill. who might most responsibly influence it. This The CHAIRMAN. All time for general Mr. WILSON of South Carolina. Mr. Chair- separation of powers strictly limited the role of debate has expired. man, if there were previously any doubt about the federal governments in dealing with civil li- Pursuant to the rule, the committee the importance of a vibrant and vigorous fire- ability matters; instead, it reserved jurisdiction amendment in the nature of a sub- arms industry in the United States, that doubt over matters of civil tort, such as gun related stitute printed in the bill shall be con- must surely have dissipated in the months alleged-negligence suits, to the state legisla- sidered as an original bill for the pur- tures from which their respective jurisdictions since Sept. 11, 2001. pose of amendment under the 5-minute Since that fateful day, American military per- flow. rule and shall be considered read. While I am against the federalization of tort sonnel have been engaged in operations over- The text of the committee amend- reform, I must voice my complete disapproval seas, against those who seek and plot our de- ment in the nature of a substitute is as for the nature of these very suits brought struction. follows: against gun manufacturers. Lawsuits for mon- At this moment, a quarter of a million of our H.R. 1036 etary damages form gun violence should be soldiers, sailors, airmen and Marines are de- Be it enacted by the Senate and House of Rep- aimed at the perpetrators of those crimes, not ployed in support of Operation Iraqi Freedom. resentatives of the United States of America in the manufacturers! Holding manufacturers lia- Thousands of reservists are mobilized, not Congress assembled, ble for harm they could neither foresee nor only to support operations in Iraq, but also to SECTION 1. SHORT TITLE. prevent is irresponsible and outlandish. The support Operation Enduring Freedom—main- This Act may be cited as the ‘‘Protection of company that makes a properly functioning taining the watch against acts of terrorism on Lawful Commerce in Arms Act’’. product in accordance with the law is acting American soil. SEC. 2. FINDINGS; PURPOSES. lawfully and thus should not be taken to court Thousands of Coast Guardsmen are pro- (a) FINDINGS.—The Congress finds the fol- because of misuse by the purchaser (or in tecting our coastlines. Tens of thousands of lowing: many cases, by the one who stole the weap- federal, state, and local law enforcement and (1) Citizens have a right, protected by the Sec- security personnel are guarding our commu- ond Amendment to the United States Constitu- on). I fear these lawsuits are motivated not by tion, to keep and bear arms. a concern for justice but by a search for deep nities and our public facilities And millions of private citizens are doing (2) Lawsuits have been commenced against pockets, since gun manufactures have higher manufacturers, distributors, dealers, and im- incomes than the average criminals, and a fa- what they always have done—protecting porters of firearms that operate as designed and natical anti-gun political agenda. themselves, their families, and their neighbor- intended, which seek money damages and other These attacks on gun manufacturers are hoods, relief for the harm caused by the misuse of fire- disturbing, since the gun industry provides our One thing these Americans share in com- arms by third parties, including criminals. law enforcement and military with the nec- mon is the need for firearms. (3) The manufacture, importation, possession, essary tools needed to fight crime and defend Another thing in common is the firearms that sale, and use of firearms and ammunition in the our country. We should be helping our law en- they use. In many instances, our military, law United States are heavily regulated by Federal, State, and local laws. Such Federal laws include forcement officers and military, not hurting enforcement, security personnel, and private citizens use firearms made by the same man- the Gun Control Act of 1968, the National Fire- them by putting reputable gun manufacturers arms Act, and the Arms Export Control Act. out of business. ufacturers. (4) Businesses in the United States that are However, Mr. Chairman, the most disturbing Unfortunately, frivolous lawsuits that have engaged in interstate and foreign commerce aspect of these lawsuits is the idea that the been filed against firearms manufacturers, with through the lawful design, manufacture, mar- gun, an inanimate object, is somehow respon- the sole intent of driving them out of business. keting, distribution, importation, or sale to the sible for crimes. H.R. 1036 enables individuals These shameful efforts have been based upon public of firearms or ammunition that has been to abrogate responsibility for their actions, in outlandish and widely-rejected theories of li- shipped or transported in interstate or foreign that it allows gun dealers to be sued because ability—theories that would be equally absurd commerce are not, and should not, be liable for if applied against the manufacturers of any the harm caused by those who criminally or un- they ‘‘should have known’’ the gun would be lawfully misuse firearm products or ammunition used in a crime. Under H.R. 1036, gun deal- other lawful product. products that function as designed and in- ers will still be unjustly forced to scrutinize Many states have already acted to put an tended. their customers for criminal intent. end to these unwarranted lawsuits, which seek (5) The possibility of imposing liability on an This further erodes the ethics of individual to hold the firearms industry responsible for entire industry for harm that is solely caused by responsibility for one’s own actions that must the acts of criminals. others is an abuse of the legal system, erodes

VerDate Jan 31 2003 03:56 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 6333 E:\CR\FM\A09AP7.066 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2979 public confidence in our Nation’s laws, threat- (4) QUALIFIED PRODUCT.—The term ‘‘qualified batable for the time specified in the re- ens the diminution of a basic constitutional product’’ means a firearm (as defined in sub- port, equally divided and controlled by right and civil liberty, invites the disassembly paragraph (A) or (B) of section 921(a)(3) of title a proponent and an opponent, shall not and destabilization of other industries and eco- 18, United States Code, including any antique be subject to amendment, and shall not nomic sectors lawfully competing in the free en- firearm (as defined in section 921(a)(16) of such terprise system of the United States, and con- title)), or ammunition (as defined in section be subject to a demand for division of stitutes an unreasonable burden on interstate 921(a)(17) of such title), or a component part of the question. and foreign commerce of the United States. a firearm or ammunition, that has been shipped It is now in order to consider Amend- (6) The liability actions commenced or con- or transported in interstate or foreign commerce. ment No. 1 printed in House Report templated by the Federal Government, States, (5) QUALIFIED CIVIL LIABILITY ACTION.— 108–64. (A) IN GENERAL.—The term ‘‘qualified civil li- municipalities, and private interest groups are AMENDMENT NO. 1 OFFERED BY MR. WATT ability action’’ means a civil action brought by based on theories without foundation in hun- Mr. WATT. Mr. Chairman, I offer dreds of years of the common law and jurispru- any person against a manufacturer or seller of dence of the United States and do not represent a qualified product, or a trade association, for Amendment No. 1. a bona fide expansion of the common law. The damages or injunctive relief resulting from the The CHAIRMAN. The Clerk will des- possible sustaining of these actions by a mav- criminal or unlawful misuse of a qualified prod- ignate the amendment. erick judicial officer or petit jury would expand uct by the person or a third party, but shall not The text of Amendment No. 1 is as civil liability in a manner never contemplated by include— follows: the Framers of the Constitution, by the Con- (i) an action brought against a transferor con- Amendment No. 1 offered by Mr. gress, or by the legislatures of the several states. victed under section 924(h) of title 18, United WATT: States Code, or a comparable or identical State Such an expansion of liability would constitute In section 4(5)(A)(v), strike ‘‘, when used as felony law, by a party directly harmed by the a deprivation of the rights, privileges, and im- intended’’. munities guaranteed to a citizen of the United conduct of which the transferee is so convicted; States under the Fourteenth Amendment to the (ii) an action brought against a seller for neg- The CHAIRMAN. Pursuant to House United States Constitution. ligent entrustment or negligence per se; Resolution 181, the gentleman from (b) PURPOSES.—The purposes of this Act are (iii) an action in which a manufacturer or North Carolina (Mr. WATT) and a Mem- as follows: seller of a qualified product knowingly and will- ber opposed each will control 10 min- (1) To prohibit causes of action against manu- fully violated a State or Federal statute applica- utes. facturers, distributors, dealers, and importers of ble to the sale or marketing of the product, and The Chair recognizes the gentleman firearms or ammunition products for the harm the violation was a proximate cause of the harm from North Carolina (Mr. WATT). caused by the criminal or unlawful misuse of for which relief is sought; firearm products or ammunition products by (iv) an action for breach of contract or war- Mr. WATT. Mr. Chairman, I yield others when the product functioned as designed ranty in connection with the purchase of the myself such time as I may consume. and intended. product; or Mr. Chairman, the bill, because it has (2) To preserve a citizen’s access to a supply (v) an action for physical injuries or property not been properly considered through of firearms and ammunition for all lawful pur- damage resulting directly from a defect in de- the committee process, leaves a lot to poses, including hunting, self-defense, col- sign or manufacture of the product, when used be desired in terms of drafting. This lecting, and competitive or recreational shoot- as intended. amendment is an effort to correct a ing. (B) NEGLIGENT ENTRUSTMENT.—In subpara- (3) To guarantee a citizen’s rights, privileges, graph (A)(ii), the term ‘‘negligent entrustment’’ real problem with the bill, because the and immunities, as applied to the States, under means the supplying of a qualified product by a bill purports to give an exception for the Fourteenth Amendment to the United States seller for use by another person when the seller suits where there are physical injuries Constitution, pursuant to section 5 of that knows or should know the person to whom the or property damage resulting directly Amendment. product is supplied is likely to use the product, from a defect in design or manufacture (4) To prevent the use of such lawsuits to im- and in fact does use the product, in a manner of the product when the product is used pose unreasonable burdens on interstate and involving unreasonable risk of physical injury as intended. foreign commerce. to the person and others. The problem is that there is no defi- (5) To protect the right, under the First (6) SELLER.—The term ‘‘seller’’ means, with Amendment to the Constitution, of manufactur- respect to a qualified product— nition of ‘‘when the product is used as ers, distributors, dealers, and importers of fire- (A) an importer (as defined in section 921(a)(9) intended,’’ so you are left with this sit- arms or ammunition products, and trade asso- of title 18, United States Code) who is engaged uation. ciations, to speak freely, to assemble peaceably, in the business as such an importer in interstate I am sure my colleagues are going to and to petition the Government for a redress of or foreign commerce and who is licensed to en- tell you all kinds of things where law- their grievances. gage in business as such an importer under suits could go forward under this ru- SEC. 3. PROHIBITION ON BRINGING OF QUALI- chapter 44 of title 18, United States Code; bric, but I think a number of lawsuits FIED CIVIL LIABILITY ACTIONS IN (B) a dealer (as defined in section 921(a)(11) of FEDERAL OR STATE COURT. title 18, United States Code) who is engaged in are going to be foreclosed by this lan- (a) IN GENERAL.—A qualified civil liability ac- the business as such a dealer in interstate or guage, and I would like to just give one tion may not be brought in any Federal or State foreign commerce and who is licensed to engage or two examples. court. in business as such a dealer under chapter 44 of First of all, I am holding in my hand (b) DISMISSAL OF PENDING ACTIONS.—A quali- title 18, United States Code; or 13 recall notices from manufacturers of fied civil liability action that is pending on the (C) a person engaged in the business of selling weapons. These recall notices recall a date of the enactment of this Act shall be dis- ammunition (as defined in section 921(a)(17) of product, a gun, a kind of gun, in a lot missed immediately by the court in which the title 18, United States Code) in interstate or for- of cases because when it is accidentally action was brought or is currently pending. eign commerce at the wholesale or retail level, consistent with Federal, State, and local law. dropped, the gun will discharge. SEC. 4. DEFINITIONS. Well, the question then becomes, if a In this Act: (7) STATE.—The term ‘‘State’’ includes each of (1) ENGAGED IN THE BUSINESS.—The term ‘‘en- the several States of the United States, the Dis- gun is accidentally dropped, is it being gaged in the business’’ has the meaning given trict of Columbia, the Commonwealth of Puerto used as intended? Is that gun being that term in section 921(a)(21) of title 18, United Rico, the Virgin Islands, Guam, American used as intended if a person acciden- States Code, and, as applied to a seller of am- Samoa, and the Commonwealth of the Northern tally drops the gun and it discharges? munition, means a person who devotes, time, at- Mariana Islands, and any other territory or Mr. Chairman, you have heard the tention, and labor to the sale of ammunition as possession of the United States, and any polit- gentleman from Rhode Island (Mr. a regular course of trade or business with the ical subdivision of any such place. LANGEVIN) say that was the exact situ- principal objective of livelihood and profit (8) TRADE ASSOCIATION.—The term ‘‘trade as- through the sale or distribution of ammunition. sociation’’ means any association or business or- ation which left him paralyzed here, (2) MANUFACTURER.—The term ‘‘manufac- ganization (whether or not incorporated under and we should leave no doubt that in turer’’ means, with respect to a qualified prod- Federal or State law) that is not operated for those circumstances that there should uct, a person who is engaged in the business of profit, and 2 or more members of which are man- be liability. manufacturing the product in interstate or for- ufacturers or sellers of a qualified product. Under this bill, this would apply even eign commerce and who is licensed to engage in The CHAIRMAN. No amendment to if the manufacturer had sent out a re- business as such a manufacturer under chapter the committee amendment is in order call notice and the person had not 44 of title 18, United States Code. except those printed in House Report acted on that recall notice. In fact, (3) PERSON.—The term ‘‘person’’ means any individual, corporation, company, association, 108–64. Each amendment may be offered some of those recall notices say, do not firm, partnership, society, joint stock company, only in the order printed in the report, do anything immediately on this, we or any other entity, including any governmental by a Member designated in the report, are going to get to you 6 months down entity. shall be considered read, shall be de- the road, and you can bring the gun

VerDate Jan 31 2003 05:12 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.041 H09PT1 H2980 CONGRESSIONAL RECORD — HOUSE April 9, 2003 back to the dealer, and we will correct manufacturing industry, would still be would provide Federal immunity to whatever problem there is with the responsible for that defect according to gun manufacturers and, in my opinion, gun. current law. would halt progress towards safer guns Now, the bill before us does not b 1245 and greater industry accountability. change current law. It only preempts H.R. 1036 would block suits filed by in- So even if it is during that time pe- the recent rash of frivolous lawsuits dividuals, victims of gun violence seek- riod, there could be no potential liabil- that are intended and explicitly in- ing to hold the gun industry account- ity here under this bill. tended by the proponents of these law- able for irresponsible manufacturing or I think this language is irresponsible; suits to destroy the industry. selling of guns. and I am sure my colleagues are going This amendment should be defeated Now, gun manufacturers and sellers to say, well, we did not intend that. because it would strip away from the are exempt from Federal consumer But that is what the bill says, I am bill an essential protection from frivo- product safety regulation. The gun reading from the language, and if we lous lawsuits. The bill allows manufac- lobby made sure that the gun industry had considered this bill in the regular turing and product defect cases to go was exempted from regulation when process in the committee, perhaps we forward provided that the product was the Consumer Product Safety Commis- could have done a better job. But they used as intended. This phrase is vital sion was established in the 1970s. This were so intent on getting this bill out to, for example, protect a gun manufac- is wrong. The only other product that of committee to the floor and at the turer from a frivolous claim that the enjoys this exemption is tobacco. And National Rifle Association’s conven- gun should have been designed to pre- in my estimation, Teddy bears are tion 2 weeks down the road that they vent someone from sticking a gun up more regulated for safety than guns. did not care about the language. his nose to scratch, with his finger on Giving the gun industry immunity Mr. Chairman, we should correct the trigger. That is clearly not what would remove the only incentive to this, and this amendment allows us to was intended for the use of the gun. gun manufacturers and dealers to en- do that. Another example, while all manufac- sure that guns do not fall into the turers under national standards volun- Mr. Chairman, I reserve the balance wrong hands. of my time. tarily adopted by the industry design Past suits have resulted in improved Mr. CANNON. Mr. Chairman, I rise to guns to be safe from firing on impact safety features such as internal locks seek the time in opposition. when dropped, a person who uses a pis- to prevent unauthorized access. Right The CHAIRMAN. The gentleman tol as a hammer should not be able to now, there are local governments who sue for defective design, which just from Utah (Mr. CANNON) is recognized are in court attempting to show that makes sense, when the gun discharges for 10 minutes. the manufacturers that make guns (Mr. CANNON asked and was given after its foolish abuse of the design. As one important product liability that too often surface in illegal activi- permission to revise and extend his re- ties, and the stores that make no at- marks.) case stated, it is well settled that a manufacturer is under a duty to use tempt to follow the law in selling guns, Mr. CANNON. Mr. Chairman, I yield should be held liable for the relentless myself such time as I may consume. reasonable care in designing his product when used in the manner for which damages of gun violence. Now, sur- I would like to first thank the chair- vivors of some of the Washington area man of the full committee for his expe- the product was intended. The phrase ‘‘used as intended’’ is today routinely sniping victims have gone to court to ditious movement of this bill through a sue the manufacturer of the gun that is hearing and through markup. I would applied by courts and juries based on circumstances of the case and what the said to be the murder weapon and the also like to thank the ranking member gun shop that sold it after discovering of my Subcommittee on Commercial court or the jury sees as a reasonable intended use. Of course, the juries will that the dealer had reported 238 guns and Administrative Law, the gen- missing from its inventory in 3 years tleman from North Carolina (Mr. no doubt draw extensively on, for example, the owner’s manual of a firearm alone. This bill would prevent these WATT), with whom I sometimes differ, for guidance as to what the intended lawsuits from going forward. but who never, never differs without I believe that this industry, like grace. I appreciate his positions. use is. It would seem clear in most cir- every other industry, has an obligation There are a number of issues upon cumstances to carry a gun is an in- to its consumers and to the public to which we differ here. Let me just point tended use and that manufacturing and ensure that their product is manufac- out, the markup was shortened, to design defects that cause harm when a tured and sold in ways that are safe, some degree, partly because it was person drops the gun during the course legal, and responsible. So I urge my treated as a joke. Nevertheless, this of its intended use properly and appro- colleagues to support the gentleman’s legislation has been considered in the priately falls within the exceptions of amendment and to vote against this past and was subject to a hearing. the bill’s provision. It would also seem bill. The gentleman from North Carolina clear that in most, if not all, cir- Mr. CANNON. Mr. Chairman, I yield is pointing out that a number of law- cumstances pointing a gun at an inno- myself 15 seconds to respond to the suits will be prohibited or stopped by cent person and pulling the trigger is gentleman. this legislation; and the answer to that not an intended use. These would be We have, in fact, protected manufac- statement is yes, that is the purpose of fact-intensive inquiries, however, best turers in dozens of industries. One ex- this legislation. It is to stop lawsuits left to the discretion of judges and ju- ample is the light aircraft industry which are frivolous and intended only ries. The phrase ‘‘used as intended’’ is where we have set up rules so that we to destroy the manufacturers and dis- by no means an unfamiliar term in the could actually continue, or actually re- tributors and importers of guns in case law. The amendment should be de- create, our light aircraft industry in America as viable commercial activi- feated so existing case law among the America. ties. States can be used to appropriately Mr. Chairman, I yield 2 minutes to The gentleman also pointed out that apply it on a case-by-case basis. the gentleman from Michigan (Mr. DIN- some of these lawsuits that will be pro- Mr. Chairman, I reserve the balance GELL). hibited would be wrongly prohibited, of my time. (Mr. DINGELL asked and was given and that is where we disagree. The gen- Mr. WATT. Mr. Chairman, I yield 2 permission to revise and extend his re- tleman referred to 13 recall notices. minutes to the gentleman from New marks.) The gentleman will recall that in our York (Mr. ENGEL). Mr. DINGELL. Mr. Chairman, I hearing, we had an expert from the gun Mr. ENGEL. Mr. Chairman, I thank thank my distinguished friend for industry who said that if a weapon dis- the gentleman for yielding me this yielding me this time, and I rise in sup- charged because of a defect which was time, and I rise in support of his port of this much-needed commonsense subject to a recall notice, or even if it amendment to close that loophole in legislation. was not subject to a recall notice, but the bill when used as intended. I am the proud and original supporter if it discharged improperly, they But I also rise in opposition to the of this legislation entitled the Protec- would, that is the industry, the gun whole bill itself, to H.R. 1036. The bill tion of Lawful Commerce in Firearms

VerDate Jan 31 2003 03:56 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.040 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2981 Act. It will shield gun manufacturers cured so that our children did not get consistently refused to impose liability from irresponsible lawsuits and from access to these firearms. Right now, on manufacturers of firearms that damages in cases where firearms are many people of common sense who may function exactly as intended.’’ used during criminal acts of third par- stand as jurors believe that manufac- Mr. Chairman, I think what I am say- ties, and only there. It does not protect turers should provide responsible gun ing is, there is ample evidence in the them against wrong-doing and neg- owners with the ability to secure their law, both in the Federal and in the ligent entrustment; it does not protect firearms so kids do not get them. That State, where the term ‘‘used as in- gun manufacturers against negligent may include trigger locks, it may intended’’ is clearly understood in tort manufacture of dangerous firearms, clude boxes, it may include these new law, so there is no ambiguity here. but only where the firearm is sold le- computerized systems to keep our kids Mr. Chairman, I would urge defeat of gitimately and lawfully. from shooting their playmates and the Watt amendment. The legislation is based on a simple, shooting themselves in a moment of Mr. WATT. Mr. Chairman, I yield sound premise. We ought not sue Boe- temporary teenage depression. myself such time as I may consume. ing because somebody took a Boeing But this legislation, without the Mr. Chairman, I think, regarding the jet and crashed it into the World Trade Watt amendment, would preclude ju- people who have made statements in support of and against this amend- Center. We ought not sue Ford Motor rors from holding manufacturers re- ment, I think the problem is that we Company because of negligence of a sponsible and prevent jurors, reason- have left a substantial ambiguity in drunk driver. ably minded jurors, from finding them the law because we have not taken the The bill has broad support with 251 responsible and not giving consumers time to deal with this in the com- cosponsors, including some 46 Demo- what they deserve. And consumers of a mittee, where it should have been dealt crats. The legislation is supported by firearm deserve the ability to lock organized labor, including local affili- with. them away and not allow them to be With all respect to the chairman of ates of the United Auto Workers and used by their children. If we adopt the my subcommittee, the gentleman from the United Mine Workers. It is nec- Watt amendment, we will allow jurors Utah (Mr. CANNON), whom I respect and essary simply because there are junk to make that decision. admire greatly, the fact that somebody lawsuits which are being filed to harass I have to tell my colleagues, when I shows up at a hearing and says that law-abiding businessmen. If successful, read about some 10-year-old getting his this language, ‘‘used as intended,’’ such lawsuits would bankrupt U.S. fire- uncle’s gun and shooting his playmate means one thing or another really is arms manufacturers and destroy a le- because it was not secured, I stand for not going to be what controls that. The gitimate, lawfully, and carefully and the proposition that jurors ought to be same judges that they have said are ir- intensely regulated industry in which able to say that trigger locks ought to responsible are going to be making the manufacturers and sellers are regu- be sold with these firearms so that con- that determination. lated intensely by ATF and other Fed- sumers will have them. Mr. Chairman, when we write a piece eral and State regulatory agencies. Support the Watt amendment. of legislation, it is our responsibility to Some two dozen lawsuits have been Mr. CANNON. Mr. Chairman, I yield 2 write it in a way that leaves them no filed in States and municipalities that minutes to the gentleman from Florida discretion about what we mean. I would be dealt with under this. The (Mr. STEARNS), the author of the under- would submit that a child who picks up courts have spoken with regard to lying bill. a gun and drops it, and it discharges, these lawsuits, dismissing them almost b 1300 most of us would stand here and say entirely. In spite of the fact that the that that gun was not being used as in- Mr. STEARNS. Mr. Chairman, I lawsuits filed against the firearms intended. Therefore, the parents of that thank my colleague, the gentleman dustry have produced no lawful or suc- child would have no recourse; nobody from Utah, for yielding time to me. cessful results, cities, counties, and would have any recourse against the Mr. Chairman, the Watt amendment others continue to file them, mostly manufacturer. for harassment purposes. These law- is attacking the words ‘‘used as in- I would submit that anybody who suits cost not only the firearms indus- tended’’, and he has sort of indicated drops a gun and it accidentally dis- try, but municipalities, hundreds of that those words are vague and perhaps charges, as it did in the case of the gen- millions of dollars. This legislation is they should be deleted because the tleman from Rhode Island (Mr. courts could not quite understand directed at curtailing that. LANGEVIN), could reasonably argue that The bill does not affect the right of a them. that was not, or that that falls within lawsuit to sue for negligence or other I have Black’s Law Dictionary back the exception. wrong-doing. in my office, Mr. Chairman. I went up It is our responsibility to close these Mr. WATT. Mr. Chairman, I yield 2 and looked up the words. It is defined loopholes, not open additional ones. I minutes to the gentleman from Wash- as ‘‘the intended use doctrine,’’ defined ask my colleagues to support the ington (Mr. INSLEE). as ‘‘The rule imposing a duty on a amendment. (Mr. INSLEE asked and was given manufacturer to develop a product so Mr. CANNON. Mr. Chairman, I yield permission to revise and extend his re- that it is reasonably safe for its in- myself the balance of my time. marks.) tended or foreseeable users.’’ Mr. Chairman, I thank the gentleman Mr. INSLEE. Mr. Chairman, I rise in In fact, if we look up the words ‘‘used from North Carolina (Mr. WATT), my support of the Watt amendment. I as intended,’’ for example, the words friend, for his gracious comments. think anyone who has been listening to ‘‘manufacturing defects’’ or ‘‘design de- Referring back to the prior speaker, this debate realizes that this is not a fects,’’ any of these terms which, at the gentleman from Washington, he debate about the ability of Americans first glance, would connote some nebu- made a couple points that I think are to have responsible gun ownership, lous concept. Indeed, it is not a nebu- important. This is not about the right something I think everyone in this de- lous concept; there is a strict interpre- to own a gun; this is an entirely dif- bate has recognized. But I rise to sup- tation of these words in tort law. ferent discussion. port the Watt amendment because it In Westlaw, which is a commonly I indicated, on his concern about see- shows some attention to the over 1,000 used legal database, if we go into that ing trigger locks on all guns, frankly, children a year, our children, who kill and put in the words ‘‘used as in- we need to research and improve safety themselves using a firearm. I rise to tended,’’ we come up with that it has devices over time. Hopefully, some of pay some attention to the hundreds of been cited in 1,300 State cases and over those improvements in safety will children every year who shoot their 900 Federal cases come up. That is come from a healthy, robust manufac- playmates unintentionally, our chil- ample guidance for courts to use re- turing center in our country that can dren. garding what ‘‘used as intended’’ afford to develop the kinds of tech- The reason these children deserve means in a case alleging defective de- nologies that will keep the many police some standing in this debate is that sign or manufacture. officers who are shot with their own those children would be alive if there The treatise American Law of Prod- guns safe from their own guns. That was some way that these guns were se- ucts Liability states that ‘‘Courts have takes a robust industry to do that.

VerDate Jan 31 2003 03:56 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.073 H09PT1 H2982 CONGRESSIONAL RECORD — HOUSE April 9, 2003 In closing, let me just point out to a case is prosecuted, the prosecutor we really believe that the second the gentleman, if we enter the words may decide to plea bargain a case, al- amendment protects the right to bear ‘‘used as intended,’’ ‘‘manufacturing lowing a defendant who has illegally and own arms, that we must inherently defect,’’ or ‘‘design defect’’ into transferred many guns to plead guilty protect the right of people to manufac- Westlaw, a commonly used database, to one transfer and drop the other ture and distribute those arms. we come up with 1,300 State cases and cases. It would be absurd to suggest What the gentleman’s amendment 900 Federal cases. We have a great deal that only the victims in the case plead- does, as I read it, is basically several of understanding about the concept ed to can sue while the others cannot. things that are very, very important, that is being attacked in this amend- Of course, there is always a possi- including allowing civil courts to find ment. bility the case can be thrown out be- somebody guilty of criminal offenses I encourage the Members of this body cause of an unlawful search or seizure, without all of the inherent protections to oppose this amendment, to go with because of a coerced confession, or sim- that we give to people who are accused legislation that is sensible and reason- ply because the prosecutor is unable to of crimes. able and will improve the environment prove his case beyond a reasonable It actually flies in the face of a sub- in which we have to exercise our right doubt. The case might be lost because sequent amendment filed by the gen- to keep and bear arms in America. a jury was pretty sure the defendant tlewoman from California (Ms. LINDA The CHAIRMAN. All time has ex- was guilty, but not beyond a reason- T. SANCHEZ), who makes the keystone pired. able doubt. of her amendment actually that one be The question is on the amendment Even where there is a conviction, the convicted and found guilty of a crime offered by the gentleman from North timing of the conviction alone might before they are responsible in a civil Carolina (Mr. WATT). be dispositive of the claim because action. The amendment was rejected. there is nothing in the bill or the law What this amendment of the gen- The CHAIRMAN. It is now in order to which tolls the statute of limitations tleman from Virginia (Mr. SCOTT) does consider amendment No. 2 printed in in a civil claim pending prosecution is to remove the requirement that you House Report 108–64. and appeals. are convicted of any criminal act be- AMENDMENT NO. 2 OFFERED BY MR. SCOTT OF Mr. Chairman, this is a dramatic de- fore you are held guilty in civil respon- VIRGINIA parture from traditional civil pro- sibility. It would allow lawsuits Mr. SCOTT of Virginia. Mr. Chair- ceedings. In an automobile accident, against firearms manufacturers, deal- man, I offer amendment No. 2. for example, one can be successful if ers, or importers if the action is The CHAIRMAN. The Clerk will des- one can prove that the defendant went against a transferor who knowingly ignate amendment No. 2. through the red light. We do not lose transfers a firearm, knowing that such The text of amendment No. 2 is as our case because the police officer did firearms will be used to commit a follows: not give the defendant a ticket, or gave crime of violence or drug trafficking Amendment No. 2 offered by Mr. SCOTT of him a ticket but did not get a convic- crime. Virginia: tion. Say one brings the witnesses to The bill currently allows for suits In section 4(5)(A), strike clause (i) and in- court and proves the defendant, in fact, against people if the transferor is actu- sert the following: (i) an action brought against a transferor went through the red light. Under the ally convicted of a crime. What this who transfers a firearm in violation of sec- theory under this bill, that person amendment does is to undermine the tion 924(h) of title 18, United States Code, or would lose his case if the police officer ability of somebody to defend them- a comparable or identical State felony law, failed to successfully prosecute the de- selves with all the inherent criminal by a party directly harmed by conduct of the fendant. protections that they ought to have be- transferee involving the firearm; If this amendment is adopted, even fore they are essentially found to have The CHAIRMAN. Pursuant to House without the conviction, the unlawful committed a crime. Resolution 181, the gentleman from transfer would still have to be proven Mr. Chairman, I reserve the balance Virginia (Mr. SCOTT) and a Member op- in order to pursue the case. Under tra- of my time. posed each will control 10 minutes. ditional civil law, we would still have Mr. SCOTT of Virginia. Mr. Chair- The Chair recognizes the gentleman to prove the defendant violated the law man, I yield myself 30 seconds. from Virginia (Mr. SCOTT). and that the violation was the proxi- Mr. Chairman, I would just point out Mr. SCOTT of Virginia. Mr. Chair- mate cause of the injury. that without this amendment, this bill man, I yield myself such time as I may If someone’s criminal activity causes protects criminals. Without the amend- consume. injury, he should not escape civil li- ment, we could have a criminal actu- Mr. Chairman, the underlying right ability merely because he was not tech- ally admitting to the crime, but unless for redress would apply if the defendant nically convicted of that crime. So I there was a conviction, we could not transfers a firearm in violation of the urge my colleagues to support the use that admission in a civil case. law and is convicted of that crime. In amendment. Mr. Chairman, I yield 2 minutes to other words, if the defendant has been Mr. Chairman, I reserve the balance the gentleman from North Carolina convicted of an illegal transfer of a of my time. (Mr. WATT). firearm, he loses the benefits of the Mr. FEENEY. Mr. Chairman, I rise in Mr. WATT. Mr. Chairman, I just bill. opposition. want to join in support of this amend- This amendment eliminates the re- The CHAIRMAN. The gentleman ment offered by the gentleman from quirement under the bill for a convic- from Florida (Mr. FEENEY) is recog- Virginia (Mr. SCOTT). Again, this is a tion before a defendant can be sued, nized for 10 minutes. case where, had we taken the time in and substitutes the requirement that Mr. FEENEY. Mr. Chairman, I yield committee to evaluate the language the defendant actually committed the myself such time as I may consume. and allow the amendment of the gen- crime. Requiring a conviction before a Mr. Chairman, I respectfully disagree tleman from Virginia (Mr. SCOTT), defendant can be sued for civil con- with the amendment of the gentleman which was at the desk when the ques- sequences of his unlawful acts would from Virginia (Mr. SCOTT), and would tion was called on the bill in com- constitute an extraordinary change in ask a ‘‘no’’ vote on his proposed mittee, if we had had this debate, we traditional civil liability standards. amendment. could probably have corrected this lan- Moreover, such a requirement would In essence, this is a battle about two guage to say what the gentleman from create bizarre results based on what a competing theories with respect to gun Florida (Mr. FEENEY) would like for it prosecutor decides to do in a particular manufacturers and gun sellers in to say. case and when he decides to do it. America. There is one theory that pre- Unfortunately, the bill says what it The prosecutor may choose not to sumes that gun manufacturers and gun says. As much as he would like for it to prosecute a particular case for various sellers are inherently guilty of some- say something different than what it reasons. This would preclude a claim, thing, somewhere, almost all of the says, it does not. It says that in order regardless of how egregious the injuries time. The other theory is that, con- to pursue a cause of action, we have to are or how clear the liability; or even if sistent with the second amendment, if have had a conviction.

VerDate Jan 31 2003 03:56 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.046 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2983 That is ridiculous. The bill should Mr. Chairman, I would ask the gen- what it does is to say that the second not say that. Now, maybe the drafters tleman if he could state any other civil amendment to the United States Con- did not intend for it to say that, which statute that requires a criminal constitution, while it may protect your is exactly the point that I have been viction as a predicate. And I would theoretical right to own and bear a making throughout this process: If we point out on page 9 of the bill ‘‘in an weapon, actually is meaningless be- had taken the time to evaluate the pro- action in which a manufacturer or sell- cause we are not going to allow any- visions of this bill, then we could have er of a qualified product knowingly and body either to manufacture or to sell at least gotten the bill to say what willfully violated,’’ but it does not say those weapons. they intend for it to say. anything about a conviction. So the And I would suggest that the adver- However, no judge is going to have manufacturer or seller is not afforded saries of this bill and the people that the luxury of saying, well, they in- any of those rights we just heard of. are trying to weaken or undermine or tended to say this, and therefore I am And I just want to know if there is any eviscerate the bill refer back to Oliver going to interpret this statute in that other civil law that requires a criminal Wendell Holmes’s great statement in way. The judge has to look at the law conviction as a predicate to your right 1894 where he explained why you hold as we have written it. Right now, this to get civil remedies. certain people responsible. He said: bill does not say what my colleagues Mr. Chairman, I reserve the balance Why is not a man who sells firearms an- of my time. swerable for assaults committed with pistols would like for it to say because we bought of him since he must be taken to have not taken the time to make it say Mr. FEENEY. Mr. Chairman, I yield know the probability that sooner or later that. myself 2 minutes. someone will buy a pistol of him for some Mr. Chairman, we are being irrespon- Mr. Chairman, I would suggest that unlawful end? The principle seem pretty well sible and we are passing legislation there are thousands of civil laws both established, in this country at least, that ev- through this House that we know has a at the Federal level and the State eryone has the right to rely upon his fellow serious flaw, and they are looking at us level, and we will try to get some re- man acting lawfully. saying, well, you cannot read. I learned search on which ones actually require a What the opponents of this bill want to read a long time ago. I can read criminal predicate. But what I would to do is to presume that everybody who what the language of this bill says, and suggest to the gentleman is that the manufactures or sells a weapon is it says exactly what the gentleman part of the bill that he references re- guilty of something, ought to be put from Virginia (Mr. SCOTT) says it says. garding statutes that have been vio- out of business through bankruptcy or Nothing that my colleagues on the lated could be either a civil or criminal some other means. other side can say can change that. statute. So it does not require a civil Mr. Chairman, I reserve the balance We need to amend the bill so that it court to find an individual defendant of my time to close. Mr. SCOTT of Virginia. Mr. Chair- says what they want it to say. guilty of a crime. It actually permits a man, I yield 2 minutes to the gentle- Mr. FEENEY. Mr. Chairman, I yield case against a gun manufacturer who violates a State law or Federal law in woman from Texas (Ms. JACKSON-LEE). myself 3 minutes. (Ms. JACKSON-LEE of Texas asked a civil matter. And I think this is very Mr. Chairman, the gentleman is a and was given permission to revise and different because what the gentleman’s very capable reader. I have discovered extend her remarks.) that in committee, and enjoy working amendment does is to specify a Federal Ms. JACKSON-LEE of Texas. Mr. with him. criminal offense and to suggest civil Chairman, I rise to support what is an However, I can read as well. What the courts can find you guilty even though enormously sensible amendment to bill does is say, before you are treated you have never had your day in court, legislation that has come to the floor as a criminal, you need to be tried as a never been in criminal court, and cer- with a lot of its own baggage. I recog- criminal in a criminal court, and you tainly never been convicted in criminal nize that we have legislation that peo- need to be convicted as a criminal. court. ple proudly say there are 250 sponsors. That is the American way. Mr. Chairman, I reserve the balance I have not had my time on the floor, so What the amendment says is that of my time. I will just add 250 celebratory sponsors you can be treated as a criminal even Mr. SCOTT of Virginia. Mr. Chair- gearing themselves toward a pending though you have never been tried as a man, I yield myself such time as I may convention and looking, of course, to- criminal, and even though you have consume. wards making a lot of new friends in never been in a criminal court and cer- Mr. Chairman, since the gentleman is the National Rifle Association. tainly never been convicted. defending the bill, I would ask him on But we have to deal with life and Members will recall that the Bill of page 8 of the bill, lines 17 through 22, death on the floor of the House. We Rights, aside from protecting the right whether or not the word ‘‘transferee’’ have to deal with the question of sav- to bear firearms, also protects certain on line 22 and ‘‘transferor’’ on lines 17 ing lives. And certainly I would think rights before one is convicted of a and 18, whether that is a typographical that the amendment that the gen- crime. It is the great American crimi- error. tleman from Virginia (Mr. SCOTT) has nal jurisprudence. Mr. Chairman, I reserve the balance offered again provides added protection of my time. b 1315 to those who are left most vulnerable Mr. FEENEY. Mr. Chairman, I yield with this legislation. Among other things, before you are a myself such time as I may consume. Clearly I think if we were to explain criminal, you have the right to a trial, Mr. Chairman, actually I was debat- this in the ABC’s and we would explain you have the right to face your accus- ing the gentleman’s amendment, and to the American people that we are ers, you have a right to call witnesses, we have got staff taking a look at the closing the door on a number of peti- you have a right to an attorney, you specific provisions you have referred tioners who have been injured and/or have a right to due process, and you to. What I would suggest, Mr. Chair- killed because of the misuse of a fire- have a right to be proven guilty beyond man, is ultimately this amendment is arm, they would understand that this a reasonable doubt. an attempt to eviscerate the second is not in conflict with the second What the gentleman’s amendment amendment in a way that the Constitu- amendment. We all believe that the does is to essentially eviscerate all of tion would not permit, in a way the second amendment does give the right the protections we give people in courts fortunately have not permitted, to Americans to bear arms. I believe, America who are accused of a crime and in a way that elected representa- unfortunately, that it dealt with the and make them criminals even though tives and legislatures around the coun- militia, but to bear arms. But we also they have never had a day to protect try and in this Congress would not per- understand that there is normal prod- themselves in a criminal court. mit. uct liability, if you will, laws that deal Mr. Chairman, I reserve the balance What it basically does is to try to, with the protection of those who have of my time. through all sorts of litigation against the right to engage in a lawsuit be- Mr. SCOTT of Virginia. Mr. Chair- gun manufacturers and gun sellers, cause they have been injured. man, I yield myself such time as I may make weapons that are protected under This particular amendment deals consume. the second amendment unavailable. So with the requirement under the bill for

VerDate Jan 31 2003 03:56 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.050 H09PT1 H2984 CONGRESSIONAL RECORD — HOUSE April 9, 2003 the conviction of a transferer who You have to have a conviction in this would be called a criminal as actually knowingly transfers a firearm knowing situation. The gentleman from North the gentlewoman just did and she said that such a firearm will be used to Carolina (Mr. WATT) has revealed a ba- we are protecting criminals if we do commit a crime of violence before a zaar situation. Some people can bring a not adopt this wonderful amendment. transferer can be sued. And we elimi- case and not bring a case depending Ultimately, what we are doing here is nate that requirement. upon whether their case was part of a to say to an accused person they will It makes sense that if you are deal- plea bargain or not. be found guilty in a civil court of a ing with a criminal element and that This is a major departure from any crime even though they never had the you have been injured and that there civil procedure, and if the gentleman rights afforded them by the Bill of has been some misuse, then you should can advise us if there is any other civil Rights, including the right to an attor- not be limited and not have that addi- lawsuit that requires a conviction as a ney, the right to face your accuser, the tional requirement. predicate rather than knowingly vio- right to call witnesses, the right to due Mr. Chairman, this is an intelligent lated the statute, we would like to hear process, and the right to be proven amendment to a bill that has been on a it. guilty of a crime beyond a reasonable fast track so that we can all celebrate Mr. Chairman, I hope we would adopt doubt. at the National Rifle Association con- the amendment. Please protect innocent parties, and vention. Mr. FEENEY. Mr. Chairman, I yield please protect the second amendment Mr. FEENEY. Mr. Chairman, how myself the balance of my time. and oppose the amendment. much time remains? Mr. Chairman, I want to apologize to Mr. Chairman, I yield back the bal- The CHAIRMAN. The gentleman my colleague because they asked the ance of my time. from Virginia (Mr. SCOTT) has 11⁄2 min- gentleman from Colorado to respond, The CHAIRMAN. The question is on utes remaining. The gentleman from and while Colorado is a great sunshine the amendment offered by the gen- Florida (Mr. FEENEY) has 4 minutes re- State, I actually represent the Sun- tleman from Virginia (Mr. SCOTT). The question was taken; and the maining. The gentleman from Florida shine State of Florida. Chairman announced that the noes ap- has the right to close. Mr. SCOTT of Virginia. Mr. Chair- peared to have it. Mr. FEENEY. Mr. Chairman, I re- man, will the gentleman yield? serve the balance of my time. Mr. SCOTT of Virginia. Mr. Chair- Mr. FEENEY. I yield to the gen- man, I demand a recorded vote. Mr. SCOTT of Virginia. Mr. Chair- tleman from Virginia. man, I yield 1 minute to the gentleman The CHAIRMAN. Pursuant to clause Mr. SCOTT of Virginia. Mr. Chair- 6 of rule XVIII, further proceedings on from North Carolina (Mr. WATT). man, I apologize to the gentleman from Mr. WATT. Mr. Chairman, I rise to the amendment offered by the gen- Florida (Mr. FEENEY). ask my colleague from Virginia a ques- tleman from Virginia (Mr. SCOTT) will Mr. FEENEY. Reclaiming my time, be postponed. tion. there is no offense taken. Colorado is a Suppose there is a conviction in a The CHAIRMAN. It is now in order to beautiful State, but please come visit case and then a civil lawsuit is filed consider amendment No. 3 printed in the Sunshine State when you get a which would be allowed, and then the House Report 108–64. chance. AMENDMENT NO. 3 OFFERED BY MS. LINDA T. conviction is reversed on appeal. What I will give you this answer, and that would happen under this bill under SA´ NCHEZ OF CALIFORNIA is, while it will take me some time to Ms. LINDA T. SA´ NCHEZ of Cali- those circumstances? research the tens of thousands of Fed- Mr. SCOTT of Virginia. Mr. Chair- fornia. Mr. Chairman, I offer an amend- eral and State civil actions to see man, will the gentleman yield? ment. Mr. WATT. I yield to the gentleman which ones are predicated on a crimi- The CHAIRMAN. The Clerk will des- from Virginia. nal conviction, I am also not aware of ignate the amendment. Mr. SCOTT of Virginia. Mr. Chair- any situation where a civil court with- The text of the amendment is as fol- man, I thank the gentleman for the out the protections of the Bill of lows: question; and, frankly, Mr. Chairman, I Rights can find one guilty of a Federal Amendment No. 3 offered by Ms. Linda T. do not know. You would have someone criminal offense that carries a 10-year Sa´ nchez of California: In section 4(5)(A)— who has filed his lawsuit, gets a judg- punishment. And I think that is the crux of what this amendment gets to. (1) redesignate clauses (ii) through (v) as ment. The underlying conviction is clauses (iii) through (vi), respectively; and overturned. I do not know. Maybe the Because, as you know, the Supreme (2) insert after clause (i) the following: gentleman from Colorado can help an- Court has stated, quoting James Madi- ‘‘(ii) an action brought against a transferor swer the question. In my opening re- son in the case of The New York Times convicted of a violation of paragraph (3) or marks I made a point that pending v. Sullivan: ‘‘Some degree of abuse is (4) of section 922(d) of title 18, United States inseparable from the proper use of ev- Code, or of a comparable or identical provi- prosecution and all the appeals, if you sion of State law, by a party directly harmed start off with an acquittal, with a case erything.’’ That includes hammers, ice picks, by conduct of which the transferee is con- thrown out and then reinstated on ap- victed;’’ peal, maybe after the statute of limita- steak knives, lawn mowers, other In section 4(5)(B), strike ‘‘(A)(ii)’’ and in- tions. There is no other situation things that have been used as weapons. sert ‘‘(A)(iii)’’. where you have to get a conviction be- What the opponents of the bill suggest The CHAIRMAN. Pursuant to House fore the civil lawsuit can go forward; is that every manufacturer and every Resolution 181, the gentlewoman from and I would ask the gentleman from seller must be guilty of something sim- California (Ms. LINDA T. SA´ NCHEZ) and Colorado. ply because they are selling a product a Member opposed each will control 10 The CHAIRMAN. The Chair recognize that is not only a legal product, but it minutes. the gentleman from Florida (Mr. is particularly and especially protected The Chair recognizes the gentle- FEENEY) unless the gentleman wants to by the second amendment to the woman from California (Ms. LINDA T. close. United States Constitution. SA´ NCHEZ). Mr. FEENEY. Mr. Chairman, I re- A violation of section 18 of the U.S. Ms. LINDA T. SA´ NCHEZ of Cali- serve the balance of my time. Code, section 927(h) is exactly what the fornia. Mr. Chairman, I yield myself Mr. SCOTT of Virginia. Mr. Chair- amendment that the gentleman gets such time as I may consume. man, I yield myself the balance of my to. A conviction under that statute (Ms. LINDA T. SA´ NCHEZ of Cali- time. carriers up to a 10-year imprisonment fornia asked and was given permission The CHAIRMAN. The gentleman is and a fine potentially. to revise and extend her remarks.) recognized for 30 seconds. What the gentleman wants to do is to Ms. LINDA T. SA´ NCHEZ of Cali- Mr. SCOTT of Virginia. Mr. Chair- basically say that somebody can be fornia. Mr. Chairman, H.R. 1036, the man, in the bill we have the action of found guilty of that Federal criminal Protection of Lawful Commerce and a manufacturer who willingly and statute in a civil court, basically de- Arms Act, seeks to prohibit civil liabil- knowingly violates a State or Federal claring somebody a criminal even ity actions from being brought or con- statute and can be sued. You do not though they have never been in a tinued against manufacturers, distribu- have to have a conviction. criminal court. For example, they tors, dealers, or importers of firearms

VerDate Jan 31 2003 03:56 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.053 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2985 or ammunition for damages resulting must do background checks, then how BLACKBURN) seek the time in opposi- from the misuse of their product by can we go wrong by holding them liable tion? others. if they fail to do the background Mrs. BLACKBURN. Yes, Mr. Chair- The bill makes certain exceptions, check? man. however, to allow lawsuits against gun Having already mentioned some of my op- The CHAIRMAN. The gentlewoman manufacturers, sellers, distributors, position to this bill, and having tried to correct from Tennessee (Mrs. BLACKBURN) is and importers. For example, it allows a one of the many, many problems with it, I recognized for 10 minutes in opposition. lawsuit to proceed in case of negligence would like to talk about the egregious manner Mrs. BLACKBURN. Mr. Chairman, I per se or negligent entrustment. It also the Majority has used in moving this bill yield myself such time as I may con- allows lawsuits for victims in certain through the House. sume. cases where the gun seller or manufac- This is a fairly partisan bill, which went Mr. Chairman, I rise in support of the turer knowingly or willingly broke through a very partisan Committee, the Judici- base bill and in opposition to the ´ State or Federal law. ary Committee. No hearings were held at Full Sanchez amendment. The language in My amendment would be one of the Committee. Essentially, no markup occurred this amendment would allow lawsuits smaller exceptions to the ban on law- either. Technically, the Committee met and we to be brought against gun manufactur- suits. It would essentially do more started debate on what should have been 10– ers and dealers for damages that are caused by the criminal misuse of that than require gun sellers or manufactur- 15 amendments. The first one was offered product by a third party if the firearm ers to obey the law that already exists. and withdrawn. Shortly after we began dis- transferor knows or has reasonable cussing the second one, offered by Mr. Watt, b 1330 cause to believe that the recipient is an the Majority called the previous question. And unlawful user of or addicted to any Section 922 of title XVIII of the U.S. with that, our so-called democratic debate on controlled substance or has been adju- Code establishes that it is unlawful for an important piece of legislation ended. dicated as a mental defective or com- any person to sell guns or ammunition The Majority has since made claims that mitted to a mental institution. to someone who uses or is addicted to they cut off debate because no amendments illegal drugs or who has been adju- Making such a transfer to a drug ad- were at the desk. This is patently untrue. As dict or someone who has been declared dicated as a mental defective. Later I said, and as the transcript from that markup on, the same section makes it illegal mentally incompetent is already ille- shows, we were in the MIDDLE of the debate gal under the Gun Control Act and the for drug users or abusers or persons on an amendment when the previous question with adjudicated mental problems to laws of many States. It is clearly cov- was called. ered by the existing language of this ship, possess or receive guns or ammu- I realize that the Majority wouldn’t have liked nition that have been in interstate bill. a lot of our amendments, in which case they Those who support H.R. 1036 have no commerce. would have had the freedom to vote against intention of preventing lawsuits This makes sense. Congress has de- then. But to not even allow debate on a topic against those convicted of criminal cided that there are certain people who of such divergent opinions is a disgrace. acts, and under the language of the should not have access to firearms, and We’re talking about a bill that includes findings bill, we do not need to list every pos- these are the two categories of people that have no basis in fact or law. A bill that sible violation for them to be held ac- who are restricted. makes sweeping changes to liability, thus cut- Congress further decided that the re- countable. ting off legitimate victims’ access to the court What we do want to do is prevent sponsibility for this restriction is on system. A bill that rewards certain shoddy gun junk lawsuits against the firearms in- both the buyer and the seller. If the dealers with the same immunity that it gives to dustry. Many of these companies oper- gun sellers and manufacturers are not honest manufacturers who have worked dili- ate on narrow margins, and those who checking to be sure that they do not gently to improve their products. oppose the second amendment hope to sell guns to people with drug or mental That appalling markup happened last Thurs- use our legal system and the threat of problems, then how can we keep the day. Now here we are today, less than a week costly lawsuits to bankrupt a legal in- guns out of their hands? That is why later, debating the bill on the Floor. But one dustry. This is clearly wrong, and I the U.S. Code specifically prohibits again, a true democratic effort has been would urge my colleagues to oppose both the sale and the purchase. thwarted, because the Majority has only per- this amendment and support passage of I just want the gun sellers to do the mitted us five amendments. Five amendments. H.R. 1036. proper background checks. If they do Again, I’m sure that the Majority didn’t like all Mr. Chairman, I reserve the balance not and it turns out they sold weapons of the amendments we offered. But that of my time. or ammunition to a person in one of doesn’t mean they are non-germane. And it’s Ms. LINDA T. SA´ NCHEZ of Cali- those categories, then they should not no reason to cut off debate. If that’s going to fornia. Mr. Chairman, I yield myself have the benefit of immunity from the be the basis for how we run this body, then such time as I may consume. court system. As a matter of public we should stop claiming to be a democracy. I do not understand how my col- policy, we should most definitely pro- And, frankly, the amendments allowed today leagues on the other side of the aisle vide victims with an opportunity to don’t include all of the ‘‘heavy’’ amendments can say that this case is clearly set take their case to court, and we should we offered. Let’s be honest—my amendment forth in the proposed legislation, be- allow judges the opportunity to decide has a much smaller impact than some of the cause the negligence, number one, the if what the gun seller did was a viola- other ones offered today. I think it represents negligence per se doctrine, does not tion of the law. an important change, but I also think there exist in every State, and I believe it is Last fall, when there were suspicions were a whole host of other important changes the citizens of those States who de- that the Beltway sniper might have that could have been made—had we had a serve the kind of protections included had a mental illness, the House rapidly full markup, or had the Rule been an open in this amendment. passed a bill to enforce the already-ex- one. The other exception that is stated in isting law that requires the FBI to list I am shocked by the complete disregard to this bill is for knowingly or willfully any person who has been adjudicated as Majority has demonstrated for the democratic violating Federal or State law, and it a mental defective on the National In- process. I urge my colleagues on both sides requires a conviction, and that does stant Criminal Background Check sys- of the aisle to resist this kind of disintegration not apply here either. That implication tem. It is important to note that the of our free speech and our democratic proc- or that state of mind, that mens rea, bill did not create this requirement; ess. Otherwise, the democratic ideals our requires a specific mens rea, whereas rather, it sought to provide incentive troops are fighting for in the Middle East may my amendment here only includes a grants to encourage the use of it. as well be meaningless. reasonable cause to believe standard. That bill unfortunately did not pass I urge my colleagues to support this Mr. Chairman, I yield 3 minutes to the Senate, but that does not change amendment. the gentlewoman from Texas (Ms. the fact that this requirement already Mr. Chairman, I reserve the balance JACKSON-LEE). exists. If we are intent on requiring of my time. (Ms. JACKSON-LEE of Texas asked that the information be listed in the The CHAIRMAN. Does the gentle- and was given permission to revise and system, and if we say that gun sellers woman from Tennessee (Mrs. extend her remarks.)

VerDate Jan 31 2003 05:20 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.057 H09PT1 H2986 CONGRESSIONAL RECORD — HOUSE April 9, 2003 Ms. JACKSON-LEE of Texas. Mr. more unfair action in this Congress in It is ‘‘supplying of a qualified product Chairman, allow me to thank the gen- light of the fact that we believe we live by a seller for use by another person tlewoman from California for a very in a democracy? I cannot. when the seller knows or should know thoughtful amendment that really I would just simply say in closing, I the person to whom the product is sup- seems not to be understood by the op- hope the gentlewoman’s amendment is plied is likely to use the product and, ponents of the amendment. accepted. I hope the Meehan amend- in fact, does use the product in a man- First of all, I think we should make ment is accepted, the two Watt amend- ner involving unreasonable risk of it very clear that what is happening ments are accepted. I wish they were, physical injury to the person and oth- with H.R. 1036 is that right as we and of course, the Scott amendment, ers.’’ speak, Mr. Chairman, we are stopping and I really hope our colleagues would The bill already allows suits for neg- dead in its tracks any lawsuit by any vote against this legislation. ligent entrustment or negligence per se jurisdiction, local, State or civilian, Mrs. BLACKBURN. Mr. Chairman, I or where a manufacturer or seller against a manufacturer, distributors yield myself such time as I may con- knowingly and willfully violates a and dealers dealing with firearms. This sume. State or Federal statute applicable to is an outrage on its face. It makes ab- The claims have been made that the the sale or marketing of the product solutely no sense that we would begin bill’s requirement that a knowing vio- and the violation has a proximate to intrude into State’s rights and indi- lation of the statute occurs is unjust. cause of the harm for which relief is vidual petitioner rights that would dis- The claim that it is too burdensome to sought. allow pending lawsuits. require that a person knowingly vio- In a nutshell, we have in H.R. 1036 all That means that a law enforcement lates the law before they can be said to the necessary language to cover what officer who brutally kills and/or injures meet the exceptions to the bill fails to the gentlewoman from California (Ms. him or his family, her or her family, understand the flexible nature of the LINDA T. SA´ NCHEZ) is talking about. So cannot engage in a lawsuit. It means requirement. I urge my colleagues not to support the that this is, in fact, a pay-as-you-go A typical jury instruction regarding Sa´ nchez amendment. It is unnecessary legislation, and good amendments, of what the requirement ‘‘unknowing’’ because H.R. 1036 already holds liable which I support all of the amendments means states as follows: ‘‘Knowledge anyone who violates any State or Fed- that are on the floor today, are not may be proved by all of the facts and eral statute. taken seriously. circumstances surrounding the case. The Sa´ nchez amendment also elimi- This amendment is a good amend- You, the jury, may infer knowledge nates a requirement that a violation of ment because it is required by law that from a combination of suspicion and a Federal statute must actually cause a person not sell to addicted individ- indifference to the truth. If you find an injury before liability can attach. uals. What this amendment says is, we that a person had a strong suspicion So I urge my colleagues to vote no on do not have to have a conviction. It that things were not what they seemed the Sa´ nchez amendment. simply says, if these are addicted indi- or that someone had withheld some im- Ms. LINDA T. SA´ NCHEZ of Cali- viduals and a person illegally sells to portant facts, yet shut his eyes for fear fornia. Mr. Chairman, I yield 30 seconds them, or people suffering with mental of what he would learn, you may con- to the gentlewoman from Texas (Ms. illness or have a mental health condi- clude that he acted knowingly.’’ JACKSON-LEE). tion or in need of mental services, that The knowing standard is clearly Ms. JACKSON-LEE. Mr. Chairman, I they have a problem; and therefore, flexible enough to produce justice in thank the distinguished gentlewoman when I say problem, those gun sellers our courts in all circumstances. for yielding to me. or manufacturers, that they, in fact, Mr. Chairman, I yield such time as he Let me quickly just cite for the gen- should be liable under the laws of this may consume to the gentleman from tleman, and I will not pose it in terms land. Florida (Mr. STEARNS). of a question for him to respond, but This legislation says in an affronting Mr. STEARNS. Mr. Chairman, I under section 3, subsection (b), any way, insulting way, that a person does thank the gentlewoman from Ten- pending litigation against gun manu- not have the ability to go into the nessee for yielding to me. facturers, distributors and dealers courthouse. Besides the insult of the I would say to the gentlewoman from would be immediately dismissed under way this bill came to the floor of the Texas that I understand her feelings this enactment. It might include ac- House and the insult of the process, when she mentions she finds this bill tions that would come under the gen- good amendments are on the floor that an insult, and she sort of indicates it is tlewoman’s particular amendment, and are not being accepted, and amend- perhaps because of what happened in so if her amendment would be included, ments that were in the Committee on the Committee on the Judiciary. She it would mean that any pending action Rules, amendments to protect children, has mentioned that perhaps the rule, that was based upon firearms in the amendments that dealt with assault and she mentioned the NRA conven- hands of those suffering from mental weapons and amendments that dealt tion, but I still do not think that those illness or those who are drug addicted with law enforcement officers, were re- kinds of statements necessarily apply would continue. jected. and convince Members not to vote for This gentleman wants those lawsuits I would simply ask my colleagues to this bill because, basically, H.R. 1036 to be extinguished and those injured to overlook the fact that we have a con- already incorporates what the gentle- be denied their justice. vention of the National Rifle Associa- woman from California (Ms. LINDA T. Ms. LINDA T. SA´ NCHEZ of Cali- tion pending, and let us try to do what SA´ NCHEZ) is providing under her fornia. Mr. Chairman, I yield myself is good for America. Look at the amendment. such time as I may consume. Sa´ nchez amendment and realize that it I have to be honest. I think what she I think it is important to clarify makes sense because it is existing law. is saying is praiseworthy, but the something that was stated by my col- A person cannot sell to addicted indi- amendment is not necessary because leagues on the other side of the aisle. viduals; a person should not sell to peo- we already have in the bill the lan- They keep talking about negligent en- ple suffering from mental illness, and guage that is needed. trustment, but negligent entrustment it is that person’s responsibility to We have used the words ‘‘negligent liability only applies when someone check. If, in fact, it reflects back on entrustment,’’ and this is a legal term, knows that person is going to commit the gun seller and then the manufac- and that term is used in the bill. Be- a crime. However, this amendment spe- turer, that is what should be decided in cause of the way it is used in the bill, cifically speaks to a different type of a court of law. it automatically covers what the gen- mens rea. It speaks to the reasonable The ultimate affront, as I said, is the tlewoman from California (Ms. LINDA cause to believe standard. It does not very fact that existing, pending law- T. SA´ NCHEZ) wants to put in her require, as the current bill stands, the suits that are going on in our courts amendment as part of the bill, and I mens rea of knowingly or willfully, today, in State courts and Federal might read ‘‘negligent entrustment’’ plus a conviction, in order to hold courts, will cease and desist because of just to clarify what the actual legal these distributors and manufacturers this legislation. Can we think of a definition is, as defined. liable.

VerDate Jan 31 2003 05:12 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.060 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2987 I think the purpose of this amend- ligent entrustment, as I read the defi- amendment, and each of such provisions, 2 ment is strictly as an incentive to nition earlier, it is all laid out. ems to the left. make sure that sellers and manufactur- Ms. LINDA T. SANCHEZ of Cali- The CHAIRMAN. Pursuant to House ers and dealers are actually doing the fornia. So we agree to disagree, in Resolution 181, the gentleman from criminal background checks that the other words. Massachusetts (Mr. MEEHAN) and a law already requires of them; and Mr. STEARNS. Reclaiming my time, member opposed each will control 10 again, I am talking about having a rea- Mr. Chairman, I urge a ‘‘no’’ vote on minutes. sonable cause to believe that somebody the Sanchez amendment. The Chair recognizes the gentleman is either addicted to drugs or has been Ms. LINDA T. SA´ NCHEZ of Cali- from Massachusetts (Mr. MEEHAN). mentally adjudicated as incompetent. fornia. Mr. Chairman, I yield myself Mr. MEEHAN. Mr. Chairman, I yield I think that requiring a higher stand- the balance of my time. In closing, I myself such time as I may consume. ard of proof in terms of the intent of just want to say that if we had had the (Mr. MEEHAN asked and was given the seller or the distributor, plus a con- opportunity to bring these amend- permission to revise and extend his re- viction, denies legitimate plaintiffs the ments up in subcommittee and to dis- marks.) right to sue in civil court, and so I cuss them at length, I think we prob- Mr. MEEHAN. Mr. Chairman, I do would urge my colleagues to please ably could have come to some agree- not think any industry should be given support this amendment. ment in terms of what cases we chose blanket immunity for its negligence, Mr. Chairman, I reserve the balance to cover by this piece of legislation and especially when it results in the deaths of my time. which cases we did not. of innocent people. My amendment Mrs. BLACKBURN. Mr. Chairman, I However, we were not afforded that would allow the victims of gun vio- yield such time as he may consume to opportunity because the question was lence to recover damages from the the gentleman from Florida (Mr. called and debate was cut off. Now we manufacturers or sellers of firearms STEARNS). find ourselves here on the floor of the where their negligence allows guns to Mr. STEARNS. Mr. Chairman, maybe House debating amendments, a scant fall into the hands of criminals. It I could just have a colloquy with the five, when we had 10 to 15 to offer in would ensure that manufacturers, dis- gentlewoman on her amendment. subcommittee. This, in essence, cuts tributors, and retailers are held respon- Would my colleague not agree that off the democratic process, which in es- sible for their negligence just as every the language dealing with negligent en- sence does not give us the chance to other industry and every other indi- trustment is not part of the bill, H.R. meaningfully consider the amendments vidual may be held responsible. 1036? as a way to improve this bill. Now, without my amendment, the Ms. LINDA T. SANCHEZ of Cali- I urge that my colleagues vote ‘‘yes’’ bill would essentially immunize manu- fornia. Mr. Chairman, will the gen- on my amendment. facturers from lawsuits from victims of tleman yield? Mrs. BLACKBURN. Mr. Chairman, I gun violence, and it would allow these Mr. STEARNS. I yield to the gentle- yield myself the balance of my time. victims to sue retailers only under ex- woman from California. As we have heard from the discus- ceedingly narrow circumstances. Even Ms. LINDA T. SANCHEZ of Cali- sion, the provisions that have been if my colleagues think strict liability fornia. Mr. Chairman, it is part of the mentioned are covered. I would encour- or rather expansive legal theories bill. My understanding it is a definition age my colleagues to vote ‘‘no’’ on this should not be available in gun cases, in part of the bill. amendment. should we not all be able to agree that Mr. STEARNS. Would the gentle- Mr. Chairman, I yield back the bal- a well-settled set of principles of neg- woman not agree that that term ‘‘neg- ance of my time. ligence should apply to guns in the ligent entrustment’’ is fully under- The CHAIRMAN. The question is on same way that they apply to virtually stood under tort law? the amendment offered by the gentle- every other context under State com- woman from California (Ms. LINDA T. mon law? b 1345 SA´ NCHEZ). As reported by the Committee on the Ms. LINDA T. SANCHEZ of Cali- The question was taken; and the Judiciary, the bill would bar suits fornia. Mr. Chairman, if the gentleman Chairman announced that the noes ap- against manufacturers entirely, and it will continue to yield, I would say no, peared to have it. would limit claims against retailers to ´ I believe it is applied on a case-by-case Ms. LINDA T. SANCHEZ of Cali- theories based on negligent entrust- basis under tort law. fornia. Mr. Chairman, I demand a re- ment or negligence per se. The problem Mr. STEARNS. But the consensus is, corded vote. with negligent entrustment is that it when we read the gentlewoman’s The CHAIRMAN. Pursuant to clause would apply only where the person to amendment, in fact everything she has 6 of rule XVIII, further proceedings on whom the gun is supplied uses it in a asked for is already included in our the amendment offered by the gentle- manner involving an unreasonable risk bill. So we think the amendment, as woman from California (Ms. LINDA T. or a physical injury to that person or praiseworthy as it might be, in effect it SA´ NCHEZ) will be postponed. to others. This means the retailers who is already being spoken to and clarified It is now in order to consider amend- negligently sells a gun to a straw pur- in our bill, so we just do not think the ment No. 4 printed in House Report chaser would not be liable if the ulti- gentlewoman’s amendment is nec- 108–64. mate recipient uses the weapon to essary. AMENDMENT NO. 4 OFFERED BY MR. MEEHAN shoot a police officer, because straw Can the gentlewoman define very Mr. MEEHAN. Mr. Chairman, I offer purchasers transfer guns to criminals clearly why the term ‘‘negligent en- an amendment. rather than using them themselves to trustment’’ does not cover all that is The CHAIRMAN. The Clerk will des- commit the crime of violence them- necessary in tort law and why the gen- ignate the amendment. selves. tlewoman’s amendment would be need- The text of the amendment is as fol- So what does that mean? It means ed with that already in existence? lows: this bill really does immunize the en- Ms. LINDA T. SANCHEZ of Cali- Amendment No. 4 offered by Mr. MEEHAN: tire chain of suppliers, even when they fornia. Well, if the intention is to cover In section 4(5)(A), strike clause (ii) and in- have reason to know that the weapons sert the following: the incidence that I am talking about, (ii) an action brought against a manufac- they sell will end up in the hands of of dealers or sellers or manufacturers turer, seller, or trade association for neg- criminals. The problem with neg- who have reasonable cause to believe, ligence; ligence per se is that some States do why not state that intention clearly in In section 4(5)— not even recognize that doctrine. And the legislation? (1) strike ‘‘(A) IN GENERAL.—’’; the ones that do oftentimes require My understanding is that the neg- (2) strike subparagraph (B); and plaintiffs to show that the retailer has (3) redesignate clauses (i) through (v) as ligence per se definition section in the subparagraphs (A) through (E), respectively; violated a specific statute or regula- bill does not state those cases. and tion that is expressly designed to pro- Mr. STEARNS. Well, reclaiming my (4) move the matter preceding the provi- tect people from the misuse of guns. time, Mr. Chairman, I disagree. Neg- sions redesignated by paragraph (3) of this This means that if the seller has reason

VerDate Jan 31 2003 03:56 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.064 H09PT1 H2988 CONGRESSIONAL RECORD — HOUSE April 9, 2003 to think a buyer may give the gun to a what the standard of negligence is. ligent entrustment. It is clear that if a criminal but the sale complies with This particular underlying bill tends to gun dealer sells a gun to someone who statutory formalities, like the back- undermine the States’ ability for peo- is a known criminal, that gun dealer ground check, negligence per se would ple to go into court and be made whole would be liable under the bill. This not apply. This is the reason why my that are victims of negligence under amendment is, therefore, not nec- amendment is essential. those individual State laws. essary. Mr. Chairman, I reserve the balance Now, it may well be great in Boston All of the frivolous lawsuits filed, of my time. that they decided not to follow through however, have been under some type of The CHAIRMAN. Does the gentle- with a suit because it was frivolous. general negligence theory. Many activ- woman from Pennsylvania (Ms. HART) And I believe that to the extent that ists claim that manufacturers are neg- ask for time in opposition? frivolous suits are dismissed, even ligent for not requiring extraordinarily Ms. HART. I rise in opposition, Mr. against the gun companies, that is a burdensome and counterproductive Chairman. fine thing and that is the way it should schemes in addition to existing legal The CHAIRMAN. The gentlewoman is work. But let me give an example of requirements. These activists may recognized for 10 minutes. why my amendment is necessary. claim that any gun designed to suit the Ms. HART. Mr. Chairman, I yield my- Let us take for example the case of needs of gun buyers or the rules en- self such time as I may consume. Ken McGuire and David Lemongello, acted by legislatures in our democracy, Having lost the fight in Congress and two New Jersey police officers who rather than their own policy pref- in the States to deny the rights of law- were shot in the line of duty and at erences, is a sign of negligence. Some abiding firearm owners and to prevent this moment in time are seriously in- activists even claim that when the in- firearm ownership in general, the gun jured. These officers have filed a civil dustry is successful in selling firearms control lobby has pursued a novel path. action against a West Virginia pawn- in a specific region they are guilty of They have begun to abuse the courts shop that had a clerk sell 12 guns in negligent oversupply and should reduce by filing frivolous lawsuits, which one cash transaction to a suspicious sales. wastes time and money in attempts to straw purchaser. Twelve guns, cash This bill is narrowly tailored to ruin law-abiding manufacturers and transaction, suspicious straw pur- block these junk lawsuits while allow- dealers of lawful firearms. chaser. ing legitimate causes of action, such as In fact, the city of Boston has al- In fact, the deal was so suspicious the gentleman described, to move for- ready voluntarily dismissed its lawsuit that after the sale the pawnshop later ward. The Meehan amendment would against the firearms industry, stating called the ATF to report the sale. Sure unravel the logic of the bill and, there- that during the litigation the city has enough, this gun trafficker sold the fore, take us back to square one where learned that members of the firearm gun illegally to a known criminal who frivolous suits are out of hand. industry have a long-standing commit- shot Officer McGuire and Officer Mr. MEEHAN. Mr. Chairman, will ment to reducing firearm accidents and Lemongello. None of the so-called ‘‘ex- the gentlewoman yield? to reducing criminal misuse of fire- ception to immunity’’ confirmed by the Ms. HART. I yield to the gentleman arms; and also stating that the city committee’s mark would prevent their from Massachusetts. and the industry have now concluded suit from being dismissed under this Mr. MEEHAN. Mr. Chairman, let me that their common goals can be best bill. ask a question. What about the case of achieved through mutual cooperation West Virginia law does not even rec- Ken McGuire and David Lemongello, and communication rather than ognize negligence per se, and the sale two New Jersey police officers shot in through litigation, which has been ex- apparently complied with all of the rel- the line of duty and seriously injured pensive to both industry and tax- evant statutory requirements, even at this moment in time? They want to payers, time consuming, and dis- though the pawnshop’s employee obvi- file a civil suit. Is that a frivolous case tracting in this time of national crisis. ously thought the transaction was ex- suit, and should they not have a right That is last year in Boston. tremely suspicious. Their case would to go in a State court in New Jersey This bill would prevent such frivo- fail under the so-called negligent en- and have a judge hear the case and lous lawsuits while allowing suits for trustment exception because they neg- hear the facts of the case? And if the negligent entrustment and negligence ligently sold guns to the straw pur- pawnshop is found guilty, should they per se, which are well defined in the chaser, not the user of the gun. not have a remedy in common law in bill. This amendment strikes at the The exception for knowingly or will- New Jersey? specific negligence language and re- fully would not apply because the b 1400 places it allowing any suit for general standard of willful intent is extremely negligence, which is undefined in the difficult to meet, and the bill seems to Ms. HART. If there is a theory under amendment. suggest that liability arises only where which the pawnshop is reasonably lia- This amendment guts the bill, Mr. the seller has actual knowledge that ble, yes. But just because there is in- Chairman. It would leave it up to any the buyer intends to use the gun to jury does not mean that the seller of judge across the Nation to make a deci- commit a crime. the firearm is liable. That is the theory sion whether or not to single-handedly So this is just one example of why that a lot of these frivolous suits are conjure up any random, brand-new the- this amendment is needed in a case based on. There is no question that ory of negligence, a theory that could that I do not think anyone in this body many people who file suits have legiti- bankrupt our Nation’s firearm indus- would want to see dismissed because of mate injury. The question is, who is try, seriously harming our funda- the underlying bill in this case. liable. In most of these cases, it is not mental right to bear arms, and also Mr. Chairman, I reserve the balance the gun dealer that is liable. creating thousands of new unemployed of my time. Mr. MEEHAN. If the gentlewoman who formerly worked in the firearms Ms. HART. Mr. Chairman, I yield my- would continue to yield, what about industry. self such time as I may consume. this case? There is a pawnshop where It is a flawed amendment, Mr. Chair- The gentleman claims that the bill somebody comes in and buys 12 guns, man; and it should be rejected. has too narrow an opportunity for a le- and they buy them all with cash and Mr. Chairman, I reserve the balance gitimate lawsuit to be heard. We have then go out and give them to known of my time. already heard from a court in his home criminals. In fact, the person who sold Mr. MEEHAN. Mr. Chairman, I yield State suggesting that the current situ- the guns was so suspicious that they myself such time as I may consume. ation is too wide open. The language in called the ATF and said, there was a Look, there is no need for a defini- the amendment makes it probably guy in here who bought 12 guns, they tion of what negligence is in this about equal to what it is today. My gave me cash, and now they left. amendment because negligence has question would be, What then do we Would the gentlewoman say that is been established in case law all across do? more than a frivolous lawsuit? this country in all 50 States. All 50 It is well settled that negligence per Ms. HART. I would tell the gen- States have case law that determine se is an accepted theory as well as neg- tleman, yes. In this country today, it is

VerDate Jan 31 2003 03:56 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.069 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2989 required that there be background I am the mother of two sons. One to say that the gentlewoman apolo- checks. It is required that those who time when they were young, little gized if the words were of offense to purchase firearms use them properly. boys, the boys and I were alone at any Member of the House? They are liable themselves if they do night and we had a burglar break into Mrs. CUBIN. Yes. Yes, I did apologize not use them properly, they are liable our house. The fear that caused me to if the words were offensive to anyone themselves if they sell them illegally, find out that someone had been in my in the House. But I will not say I broke and the seller is liable if they sell them house, rifling through my house, really rules of the House. I did not. I apolo- illegally. made me take a look at self-defense gized because as a person I want to do Therefore, in the gentleman’s case, and my right to own and bear arms. I that. there is no problem if they sell them became a big advocate of that at that The CHAIRMAN pro tempore. The legally. time. gentlewoman will suspend. Mr. Chairman, I reserve the balance I appreciate all of the scenarios the The Chair would ask the gentleman of my time. other side is throwing out about why from North Carolina (Mr. WATT), the Mr. MEEHAN. Mr. Chairman, I yield we need this amendment, because I gentlewoman has apologized to anyone myself such time as I may consume. agree, there are too many deaths due in the House to whom her words would I would suggest that Officers Ken to gunshot wounds in this country. Too have been offensive, and the gentleman McGuire and David Lemongello from many children are dying because they has asked those words to be taken New Jersey have a right to have their are getting ahold of weapons that were down. Does the gentleman insist on his case heard, and their case should not legally owned, but were not taken care position, or does the gentleman with- be thrown out because of this under- of correctly and were not separated draw his demand? lying bill, which would take away their from the ammunition. That is hap- Mr. WATT. Mr. Chairman, I do not right to be heard because somehow this pening, and that is a problem. But need the gentlewoman to apologize for person who sold the guns illegally did these folks have entirely the wrong an- my sensibilities. She needs to be apolo- not have a background check. In this swer. gizing for using words that are insult- instance, the person who sold them was We need a common-sense, balanced ing to the entire African American suspicious and they called the ATF. answer to treating problems like this, race. And if that is what she is doing, Maybe that example is not good and it does not involve taking away then I gracefully accept her apology. enough, so let me provide another ex- our second amendment, our right to But if she is saying that this is some- ample of a suit against a negligent gun own and defend ourselves. We not only how because I am sensitive to those manufacturer. deserve to be defended from terrorists words, then I will not. Let us consider the manufacturers home and abroad, but we also deserve Mrs. CUBIN. Mr. Chairman, I do not that supply weapons to dealers who re- to be able to buy guns to defend our- withdraw my words. peatedly sell the guns to straw buyers, selves in our own home. The CHAIRMAN pro tempore. For and then directly to violent criminals. My sons are 25 and 30. They are both Members’ edification and the Robert Ricker, a former gun industry blond-haired and blue-eyed. One Chair’s, it is the understanding of the insider, has alleged that it is common amendment today said we could not Chair that the gentlewoman from Wyo- knowledge within the gun industry sell guns to anybody under drug treat- ming (Mrs. CUBIN) did not ask unani- that certain sellers routinely engage in ment. So does that mean if you go into mous consent to withdraw her words. straw purchases. Ricker says manufac- a black community, you cannot sell a The gentlewoman from Wyoming (Mrs. turers know who the problem dealers gun to any black person, or does that CUBIN) did apologize to any Member in are because they supply the data to the mean because my—— the House to whom there was offense. ATF that they use to trace the guns Mr. WATT. Mr. Chairman, I demand Mr. WATT. That is not what she said, that are used back to retailers. I have that the words of the gentlewoman Mr. Chairman. not heard Mr. Ricker testify, nor have from Wyoming (Mrs. CUBIN) be taken The CHAIRMAN pro tempore. Does I had access to any of the discovery in down. the gentleman insist the words be any of these cases, but I think that is The CHAIRMAN pro tempore (Mr. taken down? exactly why we need to allow the suits ISAKSON). The gentlewoman from Wyo- Mr. WATT. Mr. Chairman, I do insist, to proceed, to get to the bottom line ming will suspend and will be seated. yes. what information gun makers and dis- The Clerk will report the words. The CHAIRMAN pro tempore. The tributors have about how their fire- Clerk will transcribe and report the 1415 arms wind up being used in crime. b words. Under this bill, no jury will ever test For what purpose does the gentle- The Clerk read as follows: the credibility of Mr. Ricker’s state- woman from Wyoming rise? My sons are 25 and 30, they are ments, and we may never find out what Mrs. CUBIN. Mr. Chairman, I wanted blonde haired and blue eyed. One kind of manufacturer data is about to point out that I did not break any amendment today said we could not that shows patterns of criminal activ- rulings of the House, but I also want to sell guns to anybody under drug treat- ity associated with specific retailers. point out just as a fellow Member that ment. So does that mean that if you go Let us at least give an opportunity for I certainly would never say anything into a black community, you cannot the victims of crime, for the people of or even think anything that would of- sell a gun to any black person or does this country to hear whether or not fend my neighbors on the other side, that mean because my—— Mr. Ricker’s statements are credible and well, obviously it did happen. So I The CHAIRMAN pro tempore. The and stand up in a court of law where a would like to apologize to my col- Committee will rise. person has a right to be heard. league for his sensitivities, but cer- Accordingly, the Committee rose; Mr. Chairman, I reserve the balance tainly I would never do that. So I and the Speaker pro tempore (Mr. of my time. would like to continue on with my re- LAHOOD) having assumed the chair, Mr. Ms. HART. Mr. Chairman, I yield 2 marks. But the next question I wanted ISAKSON, Chairman pro tempore of the minutes to the gentlewoman from Wy- to ask is, does that amendment Committee of the Whole House on the oming (Mrs. CUBIN). mean—— state of the Union, reported that that (Mrs. CUBIN asked and was given The CHAIRMAN pro tempore. The Committee, having had under consider- permission to revise and extend her re- gentlewoman will suspend. Did the ation the bill (H.R. 1036) to prohibit marks.) Chair correctly understand the gentle- civil liability actions from being Mrs. CUBIN. Mr. Chairman, I rise woman’s statement to say that the brought or continued against manufac- today in opposition to this amendment gentlewoman would withdraw the turers, distributors, dealers, or import- and all of the other amendments which words? ers of firearms or ammunition for dam- have been offered today on this bill, Mrs. CUBIN. No, I will not withdraw ages resulting from the misuse of their and I encourage Members to vote the words. products by others, certain words used against the amendments and for the The CHAIRMAN pro tempore. Did in debate were objected to and on re- bill. the Chair understand the gentlewoman quest were taken down and read at the

VerDate Jan 31 2003 05:20 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.075 H09PT1 H2990 CONGRESSIONAL RECORD — HOUSE April 9, 2003 Clerk’s desk, and he herewith reported LaTourette Peterson (PA) Simmons Waters Waxman Woolsey Leach Petri Simpson Watson Weiner Wu the same to the House. Lewis (CA) Pickering Smith (MI) Watt Wexler Wynn The SPEAKER pro tempore. The Lewis (KY) Pitts Smith (NJ) Clerk will report the words objected to Linder Platts Smith (TX) ANSWERED ‘‘PRESENT’’—1 in the Committee of the Whole House LoBiondo Pombo Souder Abercrombie Manzullo Porter Stearns on the state of the Union. McCotter Portman Sullivan NOT VOTING—11 The Clerk read as follows: McCrery Pryce (OH) Sweeney Boyd Houghton McCarthy (MO) My sons are 25 and 30, they are McHugh Putnam Tancredo Delahunt Hyde Ryun (KS) blonde haired and blue eyed. One McInnis Quinn Tauzin Gephardt Lewis (GA) Strickland McKeon Radanovich Taylor (NC) Hefley Lucas (OK) amendment today said we could not Mica Ramstad Terry sell guns to anybody under drug treat- Miller (FL) Regula Thomas ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ment. So does that mean that if you go Miller (MI) Rehberg Thornberry The SPEAKER pro tempore (Mr. Miller, Gary Renzi Tiahrt A OOD into a black community, you cannot Moran (KS) Reynolds Tiberi L H ) (during the vote). Members sell a gun to any black person or does Murphy Rogers (AL) Toomey are reminded there are 2 minutes re- that mean because my—— Musgrave Rogers (KY) Turner (OH) maining on this vote. The SPEAKER pro tempore. The Myrick Rogers (MI) Upton Nethercutt Rohrabacher Vitter b 1453 Chair finds that the words are not un- Ney Ros-Lehtinen Walden (OR) Messrs. BISHOP of New York, CAR- parliamentary under the rules and Northup Royce Walsh precedents of the House. Norwood Ryan (WI) Wamp SON of Oklahoma, and HALL changed Mr. WATT. Mr. Speaker, I appeal the Nunes Saxton Weldon (FL) their vote from ‘‘aye’’ to ‘‘no.’’ Nussle Schrock Weldon (PA) Mr. OXLEY changed his vote from ruling of the Chair. Obey Sensenbrenner Weller ‘‘no’’ to ‘‘aye.’’ MOTION TO TABLE OFFERED BY MR. Osborne Sessions Whitfield Ose Shadegg Wicker Mr. ABERCROMBIE changed his vote SENSENBRENNER Otter Shaw Wilson (NM) from ‘‘no’’ to ‘‘present.’’ Mr. SENSENBRENNER. Mr. Speak- Oxley Shays Wilson (SC) So the motion to table was agreed to. Paul Sherwood Wolf er, I move to lay the appeal on the The result of the vote was announced table. Pearce Shimkus Young (AK) Pence Shuster Young (FL) as above recorded. The SPEAKER pro tempore. The A motion to reconsider was laid on question is on the motion offered by NOES—195 the table. the gentleman from Wisconsin (Mr. Ackerman Gutierrez Mollohan The SPEAKER pro tempore. The SENSENBRENNER) to lay on the table Alexander Hall Moore Committee will resume its sitting. the appeal of the ruling of the Chair. Allen Harman Moran (VA) Andrews Hastings (FL) Murtha Accordingly the House resolved itself The question was taken; and the Baca Hill Nadler into the Committee of the Whole House Speaker pro tempore announced that Baird Hinchey Napolitano on the State of the Union for the fur- the ayes appeared to have it. Baldwin Hinojosa Neal (MA) Ballance Hoeffel Oberstar ther consideration of the bill, H.R. 1036, RECORDED VOTE Becerra Holden Olver with Mr. QUINN (Chairman pro tem- Mr. WATT. Mr. Speaker, I demand a Bell Holt Ortiz pore) in the Chair. recorded vote. Berkley Honda Owens (Mrs. CUBIN asked and was given Berman Hooley (OR) Pallone A recorded vote was ordered. Berry Hoyer Pascrell permission to speak out of order.) The vote was taken by electronic de- Bishop (GA) Inslee Pastor STEREOTYPING IS ALWAYS WRONG vice, and there were—ayes 227, noes 195, Bishop (NY) Israel Payne Mrs. CUBIN. Mr. Chairman, I do ap- answered ‘‘present’’ 1, not voting 11, as Blumenauer Jackson (IL) Pelosi Boswell Jackson-Lee Peterson (MN) preciate the Chair’s ruling and the fact follows: Brady (PA) (TX) Pomeroy that it was upheld, but this is not [Roll No. 119] Brown (OH) Jefferson Price (NC) something that I can just leave as it is, Brown, Corrine John Rahall AYES—227 Capps Johnson, E. B. Rangel because I do not think that the situa- Aderholt Coble Gingrey Capuano Jones (OH) Reyes tion that just occurred is good for the Akin Cole Goode Cardin Kanjorski Rodriguez body, and it is not good for the indi- Bachus Collins Goodlatte Cardoza Kaptur Ross vidual people involved in it. Baker Combest Goss Carson (IN) Kennedy (RI) Rothman Ballenger Cox Granger Carson (OK) Kildee Roybal-Allard My words intended to state, and if I Barrett (SC) Crane Graves Case Kilpatrick Ruppersberger had been able to finish my sentence Bartlett (MD) Crenshaw Green (WI) Clay Kind Rush and my thought, they would have stat- Barton (TX) Cubin Greenwood Clyburn Kleczka Ryan (OH) Bass Culberson Gutknecht Conyers Kucinich Sabo ed that I do not believe in stereotyping Beauprez Cunningham Harris Cooper Lampson Sanchez, Linda anyone, any time, ever, for anything. Bereuter Davis, Jo Ann Hart Costello Langevin T. That is what I believe, and I believe Biggert Davis, Tom Hastings (WA) Cramer Lantos Sanchez, Loretta that from the bottom of my heart. I do Bilirakis Deal (GA) Hayes Crowley Larsen (WA) Sanders Bishop (UT) DeLay Hayworth Cummings Larson (CT) Sandlin apologize, not just to the gentleman Blackburn DeMint Hensarling Davis (AL) Lee Schakowsky from North Carolina. I apologize to ev- Blunt Diaz-Balart, L. Herger Davis (CA) Levin Schiff eryone who may have been hurt in any Boehlert Diaz-Balart, M. Hobson Davis (FL) Lipinski Scott (GA) Boehner Dingell Hoekstra Davis (IL) Lofgren Scott (VA) way or insulted because of my re- Bonilla Doolittle Hostettler Davis (TN) Lowey Serrano marks. But I really intend only, only Bonner Dreier Hulshof DeFazio Lucas (KY) Sherman to make the point, and I will speak on Bono Duncan Hunter DeGette Lynch Skelton this bill later, but to make the point Boozman Dunn Isakson DeLauro Majette Slaughter Boucher Ehlers Issa Deutsch Maloney Smith (WA) that stereotyping is always wrong. It Bradley (NH) Emerson Istook Dicks Markey Snyder does not matter who it is; it is always Brady (TX) English Janklow Doggett Marshall Solis a wrong thing to do. Brown (SC) Everett Jenkins Dooley (CA) Matheson Spratt Brown-Waite, Feeney Johnson (CT) Doyle Matsui Stark I thank the Chairman, and I thank Ginny Ferguson Johnson (IL) Edwards McCarthy (NY) Stenholm the gentleman for allowing me to have Burgess Flake Johnson, Sam Emanuel McCollum Stupak the time to address the body. Burns Fletcher Jones (NC) Engel McDermott Tanner The CHAIRMAN pro tempore. The Burr Foley Keller Eshoo McGovern Tauscher Burton (IN) Forbes Kelly Etheridge McIntyre Taylor (MS) Chair recognizes the gentleman from Buyer Fossella Kennedy (MN) Evans McNulty Thompson (CA) Massachusetts (Mr. MEEHAN), who has 2 Calvert Frank (MA) King (IA) Farr Meehan Thompson (MS) minutes remaining. Camp Franks (AZ) King (NY) Fattah Meek (FL) Tierney Cannon Frelinghuysen Kingston Filner Meeks (NY) Towns Mr. MEEHAN. Mr. Chairman, I yield Cantor Gallegly Kirk Ford Menendez Turner (TX) myself 1 minute. Capito Garrett (NJ) Kline Frost Michaud Udall (CO) Mr. Chairman, my amendment would Carter Gerlach Knollenberg Gonzalez Millender- Udall (NM) not gut the underlying bill. It would Castle Gibbons Kolbe Gordon McDonald Van Hollen Chabot Gilchrest LaHood Green (TX) Miller (NC) Velazquez still bar claims based on strict liabil- Chocola Gillmor Latham Grijalva Miller, George Visclosky ity. Without my amendment, there is

VerDate Jan 31 2003 05:27 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.077 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2991 no way to sue for negligence cases of Mr. Chairman, there is a better way (2) strike ‘‘or unlawful’’. straw purchases. Do not forget the case to deal with the issue of illegal use of In section 2(b)(5), strike ‘‘, distributors, of Ken McGuire and David Lemongello, firearms, which is what the gentleman dealers, and importers of firearms or ammu- two New Jersey police officers who has cited in his examples. There is a nition products, and trade associations,’’ and insert ‘‘of firearms or ammunition prod- were shot in the line of duty and seri- better way to control gun crimes. ucts’’. ously injured. They filed a civil action These lawsuits do not help. These law- In section 4(1), strike ‘‘, and, as applied’’ in West Virginia because a pawnshop suits, in fact, will bankrupt the compa- and all that follows and insert a period. clerk sold 12 guns for cash to a straw nies that need to pay legitimate law- In section 4(5)(A)— purchaser. Those two police officers suits. (1) strike ‘‘(A) IN GENERAL.—’’; ought to have the right to have their We need to enforce the many gun (2) strike ‘‘or seller of a qualified product, laws that are currently on the books. I or a trade association,’’; case heard in court in West Virginia. (3) strike ‘‘or unlawful’’; This case would deny them, because am proud to support Project Safe (4) strike clauses (i) and (ii); the purchaser of the guns was a straw Neighborhoods, a proven and common- (5) in clause (iii)— purchaser. sense way to combat gun violence. (A) strike ‘‘or seller’’; and Ms. HART. Mr. Chairman, I wish to Project Safe Neighborhoods is oper- (B) strike ‘‘sale or marketing’’ and insert reserve the right to close. ating in 94 locations across the coun- ‘‘design or manufacture’’; and Mr. MEEHAN. Mr. Chairman, I yield try. It is a network of Federal, State, (6) redesignate and indent clauses (iii) through the remainder of my time to the gen- and local law enforcement officials (v) as subparagraphs (A) through (C), re- tleman from Rhode Island (Mr. working together to fight gun crime. spectively. LANGEVIN), a distinguished member of The program works. Increases in pros- In section 4(5), strike subparagraph (B). the Committee on Armed Services. ecution, over 20 percent, occurred last In section 4, strike paragraphs (6) and (8) and redesignate paragraph (7) as paragraph b 1500 year. We must combat gun crimes by en- (6). Mr. LANGEVIN. Mr. Chairman, I forcing our gun laws, that is what The CHAIRMAN pro tempore. Pursu- thank the gentleman for yielding time works, not with ridiculous and frivo- ant to House Resolution 181, the gen- to me. lous lawsuits. H.R. 1036, as it is, pre- tleman from North Carolina (Mr. Mr. Chairman, I appreciate the ef- cludes frivolous lawsuits; it protects WATT) and a Member opposed each will forts of the gentleman from Massachu- the rights of America’s law-abiding control 10 minutes. setts (Mr. MEEHAN) to hold gun dealers manufacturers, dealers, and owners of The Chair recognizes the gentleman and manufacturers truly accountable firearms. It makes sure those who use from North Carolina (Mr. WATT). for negligence and strongly support his them illegally, who sell them illegally, Mr. WATT. Mr. Chairman, I yield amendment. who offer them to someone else ille- myself such time as I may consume. Our Nation is familiar with cases of gally are taken care of through the Mr. Chairman, I would say to my col- gun dealers who sell to criminals and courts. leagues that the effect of this amend- claim ignorance about their intentions. What we do here, Mr. Chairman, is ment would be to limit the application Bullseye Shooter Supply, the Wash- create a bill that will allow legitimate of this bill to manufacturers only. ington State gun dealer that was the suits, curb frivolous suits, and allow As I said during the brief debate that source of the sniper rifle allegedly used recovery by those who really need it. we had in the committee, the Com- by John Mohammed and John Lee The CHAIRMAN pro tempore (Mr. mittee on the Judiciary, on this bill, Malvo in the D.C. sniper shootings, QUINN). All time has expired. there are, in fact, some manufacturers says it cannot account for that weapon, The question is on the amendment who are attempting to address con- or 237 other guns in its inventory. We offered by the gentleman from Massa- cerns that the public has about gun should be cracking down on deadbeat chusetts (Mr. MEEHAN). safety. Some of them are trying to de- gun dealers, not exempting them from The question was taken; and the velop safety locks. Some are trying to liability. Chairman pro tempore announced that develop computerized techniques for I have introduced legislation to im- the noes appeared to have it. ownership identification. prove enforcement and inspection of Mr. MEEHAN. Mr. Chairman, I de- If there is a rationale for this bill, these facilities, and I thank the gen- mand a recorded vote. which I do not believe there is, the ra- tleman from Massachusetts (Mr. MEE- The CHAIRMAN pro tempore. Pursu- tionale would be to reward those manu- HAN) for his support of that measure ant to clause 6 of rule XVIII, further facturers who are acting responsibly. and for drawing attention to this mat- proceedings on the amendment offered Unfortunately, the effect of this bill ter with his amendment today. by the gentleman from Massachusetts will be to reward them and incentivize I strongly urge my colleagues to sup- (Mr. MEEHAN) will be postponed. them to act irresponsibly. I think that port the Meehan amendment. It is now in order to consider amend- is a very, very unfortunate con- Ms. HART. Mr. Chairman, I yield my- ment No. 5 printed in House Report sequence of this bill. self such time as I may consume. 108–64. On the other hand, most of the out- Mr. Chairman, the amendment is not AMENDMENT NO. 5 OFFERED BY MR. WATT rageous stories that we hear about ir- helpful to the cause that the gen- Mr. WATT. Mr. Chairman, I offer responsibility are not necessarily tleman appears to be seeking to ad- amendment No. 5. about the manufacturers of guns; they dress. The amendment actually re- The CHAIRMAN pro tempore. The are about dealers and sellers who moves the cause of action for negligent Clerk will designate amendment No. 5. refuse to acknowledge anything other entrustment, which means that some- The text of amendment No. 5 is as than their own profit motives. They one who should have known has en- follows: want, when someone walks into their trusted a firearm to someone who is Amendment No. 5 offered by Mr. WATT: store, when somebody walks into their going to do damage with it. In section 2(a)(2), strike ‘‘, distributors, pawnshop, when somebody approaches This bill protects the right to sue for dealers, and importers’’. them with some money, they want that that reason. This bill protects the right In section 2(a)(3)— money and they do not care what hap- to sue for negligence, per se. This bill (1) strike ‘‘, importation, possession, sale, pens after that. We have heard example and use’’; and is simply addressing an issue that is (2) strike ‘‘are’’ and insert ‘‘is’’. after example after example of that very widespread in this Nation, that is, In section 2(a)(4), strike ‘‘, manufacture, kind of irresponsibility on the part of suits that are intended to bankrupt marketing, distribution, importation, or sale dealers. gun dealers, gun manufacturers; and to the public’’ and insert ‘‘and manufac- Now, it is unfortunate that this bill therefore, put out of business small ture’’. covers not only manufacturers, it cov- business people and out of work many In section 2(a)(5), strike ‘‘an entire indus- ers dealers, sellers, importers, the people across the Nation who depend try’’ and insert ‘‘firearm and ammunition whole range of providers that put these manufacturers’’. upon a very strong firearms industry In section 2(b)(1)— guns into the stream of commerce. If and recreational use of firearms, safe (1) strike ‘‘, distributors, dealers, and im- there is any rationale for the bill, it is and legal. porters’’; and for the manufacturers.

VerDate Jan 31 2003 03:56 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.082 H09PT1 H2992 CONGRESSIONAL RECORD — HOUSE April 9, 2003 I do not think we ought to be excus- out of court, it is only a matter of time called ‘‘negligent entrustment’’ loop- ing irresponsible dealers, such as the until a liberal judge, sympathetic to hole. But if this bill is passed, no sup- dealer who ignored the frequent dis- the anti-second amendment lobby, porter, and I repeat, no supporter appearance of guns from his inventory. rules in their favor. should walk away believing that the One of hundreds of missing guns, which The aim of these suits is to tie up tragedies committed and contemplated were never reported missing despite firearms manufacturers in court and under the original bill will not happen having been prominently displayed in raise the cost of firearms to those who under this one. the store, ends up being used in the purchase them legally. The only end I would ask the Members of this body sniper attacks in Washington. This bill result of these lawsuits would be a to consider the case of an Illinois gun would immunize that dealer from li- larger underground market in firearms. dealer who should have known that 72 ability. That is irresponsible. Defenders in these lawsuits will say mostly identical guns that he sold to Mr. Chairman, let us have a debate it is about justice for crime victims. an unlicensed gun trafficker were not about those manufacturers who are The true impetus behind these law- for personal use. One of those guns was being responsible. I applaud their ac- suits, however, is to bypass the Con- used by Benjamin Smith, a white su- tivities. Perhaps we could make a rea- gress, the will of the American people, premacist who drove through Chicago sonable argument that they should be and to enact de facto gun control by and Indiana, randomly shooting blacks immunized from liability because they using the courts. and Jews, including former North- are making a product that is legal. I Gun control advocates have come to western University basketball coach have heard that argument. I do not realize that they have very little Ricky Byrdsong. subscribe to it, but at least it has some chance of moving their anti-second Indeed, Mr. Speaker, if this bill credibility to it. But when we start im- amendment agenda through Congress, passes, we in Congress will be no better munizing everybody in the stream of so they have turned to excessive law- than the unscrupulous and irrespon- commerce regardless of how respon- suits and the courts. This legislation sible gun dealer who turned a blind eye not only will not protect gun distribu- sible or irresponsible they are, that is to the violence and mayhem that his tors who do not follow the strict laws where I draw the line. actions ultimately caused. regarding firearms; it will also not pro- Mr. Chairman, I would encourage a Mr. CANNON. Mr. Chairman, I yield tect manufacturers that sell defective ‘‘yes’’ vote on my amendment, which myself such time as I may consume. products. It merely protects firearms limits the impact of this bill to manu- Mr. Chairman, in response to the manufacturers who are abiding by the facturers only. gentleman from Illinois (Mr. RUSH), law from frivolous lawsuits designed to Mr. Chairman, I reserve the balance who calls this bill irresponsible and bankrupt legal, law-abiding gun manu- of my time. shameful, let me just point out that a Mr. CANNON. Mr. Chairman, I rise in facturers. No one would think of holding GM re- gun dealer who does wrong things is opposition to the amendment. sponsible for an accident caused by a still going to be liable under this bill. The CHAIRMAN pro tempore. The drunk driver, or Louisville Slugger re- A very large majority of Members of gentleman from Utah (Mr. CANNON) is sponsible for someone using a baseball this body have already cosponsored the recognized for 10 minutes. bat in the commission of a crime. So bill, just in refutation. (Mr. CANNON asked and was given why should law-abiding firearms manu- Mr. Chairman, I yield 1 minute to the permission to revise and extend his re- facturers be punished for criminals gentlewoman from Wyoming (Mrs. marks.) using their products illegally? CUBIN). Mr. CANNON. Mr. Chairman, I yield Mr. WATT. Mr. Chairman, I yield 21⁄2 b 1515 myself such time as I may consume. minutes to the gentleman from Illinois Mr. Chairman, the Watt amendment Mrs. CUBIN. Mr. Chairman, I would (Mr. RUSH). strikes language throughout the bill Mr. RUSH. Mr. Chairman, I want to like to point out that the laws we have protecting dealers and importers of thank the gentleman for yielding time in existence today are very, very ade- firearms, as well as trade associations. to me. I rise to support the Watt quate to take care of all the situations Under the amendment of the gen- amendment and to oppose passage of that have been brought up by Members tleman from North Carolina (Mr. the irresponsible and shameful under- on the other side if they are enforced. WATT), only firearms manufacturers lying bill. The changes that need to be made in would receive protection from lawsuits Mr. Chairman, I fully understand this country are to do things like to based on criminal misuse of their prod- that many sponsors of this bill have fund drug treatment programs, to fund uct by a third party. This amendment progun constituents who have been un- the war on drugs, to help single parents would gut the bill and the firearms in- relenting in their blind fight to pre- be able to find time to give guidance to dustry. serve and to expand their ability to their children, to have doctors not be Mr. Chairman, I yield 2 minutes to bear arms. afraid to ask their patients if they the gentleman from Florida (Mr. I can appreciate the willingness of have guns in their house, and if they WELDON). any Representative to consider the in- have guns in their house, how do they Mr. WELDON of Florida. Mr. Chair- terests of his or her constituents. But, store them. They ask every other man, I thank the gentleman for yield- Mr. Chairman, what I cannot appre- health care issue about patients. ing time to me. ciate is the willingness of some to sup- We need to change our society, and As one of the 250 cosponsors of H.R. port legislation that so maliciously at- we need to acknowledge that gun own- 1036, the Protection of Lawful Com- tacks the will of my constituents to ership is not an unhealthy thing, but merce in Arms Act, I rise in strong bring legitimate actions before their what is unhealthy is not enforcing the support of this bill and against this individual State courts. laws that we have on the books right amendment. What I cannot appreciate is the un- now; and the laws that we have are to- The right of law-abiding citizens to willingness of the majority to allow tally adequate. purchase and own firearms is guaran- consideration of amendments at com- I urge my fellow Members to reject teed in the second amendment. Those mittee. It is appalling and shameful this amendment and support this bill behind these lawsuits have one aim, that a bill which may have such far- and protect our second amendment and that is to undermine the guarantee reaching consequences for so many did rights. in the Bill of Rights. not enjoy the consideration that it de- Mr. WATT. Mr. Chairman, I yield 1 As we speak, anti-second amendment serves. And what I cannot appreciate is minute to the gentlewoman from Ohio organizations are shopping around for the emboldened eagerness of some Rep- (Mrs. JONES). sympathetic judges who will be willing resentatives to sponsor legislation that Mrs. JONES of Ohio. Mr. Chairman, I to rule that firearms manufacturers so clearly places the special interests would like to thank the gentleman are liable for individuals using guns in of the gun lobby ahead of the vital in- from North Carolina (Mr. WATT) for the commission of crimes. While vir- terests of the American people. yielding me time. tually every lawsuit brought against Mr. Chairman, I am aware that the As I sat here on the floor today, the gun manufacturers has been thrown sponsors of this bill closed the so- spirit and the greatness of great trial

VerDate Jan 31 2003 03:56 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.085 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2993 judges and great trial lawyers have Watt amendment would actually hurt Mrs. MUSGRAVE. Mr. Chairman, I been disparaged by a claim that we are the bill. rise in opposition to this amendment. just seeking dollars on behalf of our Let me call your attention as we con- This amendments paints all dealers constituents and our clients. clude this debate to my chart here with a very broad brush. In fact, every I would say I support the amendment which shows that 31 States have recog- one of us knows that all retail gun of the gentleman from North Carolina nized the absurdity of these lawsuits sales are subject to a Federal criminal (Mr. WATT) because it does, in fact, which are no different from the ridicu- background check, either directly by limit the responsibility against manu- lous lawsuits we saw filed against the FBI or by a system that the indi- facturers of guns and those who have many other cases including the food in- vidual States use. If a dealer violates made steps to cure the dilemma or the dustry. The goal is to cease this at- any Federal or State law on gun sales, difficulty or the dangerousness of guns. tempt at regulation through lawsuits, it loses its protection under this bill. If But I would suggest that if the laws are and that is why these 31 State passed retailers are sued out of business, the sufficient, then give trial judges and pretty much the same bill that we have protection for the manufacturers would give trial lawyers the ability to bring here on the floor today. be absolutely meaningless. This is a their claims on behalf of their clients The second chart I will show you ex- blatant attack on our second amend- and let us proceed as we have done. I amples where cases are dismissed. This ment rights and on our law-abiding support the Watt amendment. is just one of many charts I could have citizens. Mr. CANNON. Mr. Chairman, I yield up here, 30 or 40 cases. For example, in The CHAIRMAN pro tempore. The to myself such time as I may consume. Bridgeport where 21 manufacturers and gentleman from North Carolina (Mr. Mr. Chairman, in response to the distributors and 12 dealers and three WATT) has 21⁄2 minutes remaining. gentlewoman from Ohio (Mrs. JONES), were sued for negligent distribution, Mr. WATT. Mr. Chairman, I yield this is not about trial lawyers and deceptive advertising, defective design, myself the remainder of my time. Mr. Chairman, let me say that if we their profits. That would come under nuisance, conspiracy and unjust en- want to protect dealers simply because the rubric maybe of asbestos where richment, unjust enrichment. Now, they comply with the letter of the law, they are taking huge returns compared they proceeded but when they got not even though they know that they are to the minor returns that the individ- too far along, they were dismissed. And making irresponsible decisions such as uals are taking. the Supreme Court of Connecticut af- in the case of the officer, Officer Mrs. JONES of Ohio. Mr. Chairman, firmed that. Lemongello, who was shot by a gun will the gentleman yield? So I would say to all my colleagues that was sold by a dealer, they did fol- Mr. CANNON. I yield to the gentle- that the States have recognized this, low all of the black letter of the law; woman from Ohio. and that is why there are 31 States but at the same time they knew that Mrs. JONES of Ohio. Mr. Chairman, I that have supported the language in they were selling the guns not to the am only responding to the statement of this bill. Let me just read what the judge in person who bought them, to the female another Member that disparaged the the lawsuit against the firearm indus- person who bought the guns, but to the faith and loyalty of trial lawyers on try in the City of Bridgeport said. male person who was in there selecting the floor just before I got up. What has happened here, the people the guns and identifying them. And Mr. CANNON. Reclaiming my time, who are suing ‘‘have envisioned the they were so concerned that as soon as this is not a bill that deals with that dawning of a new age of litigation.’’ A they walked out of the store they issue, let me point out for clarifica- new age of litigation, during which the called ATF and said we have done tions purposes, but it is about people gun industry, the liquor industry, the something irresponsible, even though who would destroy an industry using purveyors of junk food would follow they had complied with the law. the thousand cuts of litigation. the tobacco industry in reimbursing Now, all we are trying to do is make Mr. John Coale, one of the personal government expenditures. So taxpayers dealers and everybody throughout the injury lawyers suing the firearms in- would have to pay at the local level, at process be responsible. And if we want dustry, told The Washington Post: the municipal level, at the State level to immunize that kind of conduct, ‘‘The legal fees alone are enough to to sue gun dealers, associations, gun then, I mean, I guess you are going to bankrupt the industry.’’ That is what manufacturers, all on the basis of un- vote for this bill. Because that is what is going on that we are trying to deal just enrichment, deceptive advertising. it does. But I am telling you we are with here with this legislation. So I conclude, I believe this bill is re- being irresponsible when we do that. 1 Mr. Chairman, I yield 3 ⁄4 minutes to sponsible. Attempting to bankrupt a And if we really want to reward people the gentleman from Florida (Mr. legal American industry through junk who are trying to deal with gun vio- STEARNS), the author of the underlying lawsuits is not. This bill protects legal lence, then we cannot keep rewarding bill. actors while allowing suits to continue dealers who act irresponsibly knowing (Mr. STEARNS asked and was given against those who break the law. It is that they act irresponsibly, importers, permission to revise and extend his re- a good balance, a fair bill; and I urge sellers. Perhaps there is a rationale for marks.) its passage. protecting manufacturers who have Mr. STEARNS. Mr. Chairman, I The CHAIRMAN pro tempore (Mr. demonstrated a willingness to try to thank my colleague from Utah (Mr. QUINN). The Chair would remind Mem- act responsibly. Some of them are try- CANNON) for yielding me time. bers that the gentleman from North ing to do the trigger lock thing, trying Let me say to my colleagues that the Carolina (Mr. WATT) has 21⁄2 minutes to do computerized identification. I grievances that you have perhaps with remaining. The gentleman from Utah think this bill is going to set them the way the rule was developed or the (Mr. CANNON) has 13⁄4 minutes remain- back because basically once we pass procedure is really not a reason to vote ing, and the gentleman from Utah re- this bill, they do not have any incen- against this bill. And I rise against the serves the right to close. tive to even continue to do that. Watt amendment. The Chair recognizes the gentleman But if there is anybody who has a ra- Local dealers or distributors are from North Carolina (Mr. WATT). tionale, it perhaps is the manufactur- often sued simply to prevent removal Mr. WATT. Mr. Chairman, I am pre- ers; and that is what this amendment of a case to a Federal court. Should pared to close if the gentleman does would do, limit the effects of the bill to trade associations be sued under con- not have other speakers. the manufacturers. I encourage my col- spiracy theories of industry behavior? I The CHAIRMAN pro tempore. Does leagues to support the amendment. mean, that would create a chilling ef- the gentleman from Utah (Mr. CANNON) Mr. Chairman, I yield back the bal- fect on advocacy of their membership, have further speakers? ance of my time. their interests, their activity, which is Mr. CANNON. Mr. Chairman, I have The CHAIRMAN pro tempore. The clearly protected by the first amend- one further speaker, and then I will gentleman from Utah (Mr. CANNON) has ment. close. 11⁄4 minutes remaining, and he has the The Watt amendment would allow Mr. Chairman, I yield 30 seconds to right to close. them to be sued, local dealers, trade as- the gentlewoman from Colorado (Mrs. Mr. CANNON. Mr. Chairman, I yield sociation. So I think it is clear, the MUSGRAVE). myself the balance of my time.

VerDate Jan 31 2003 03:56 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.087 H09PT1 H2994 CONGRESSIONAL RECORD — HOUSE April 9, 2003 Mr. Chairman, I would like to point The Majority, encouraged by a forceful and Majette Owens Solis out we have heard much characteriza- wealthy industry, is pushing Congress to enact Maloney Pallone Spratt Markey Pascrell Stark tion of the dealer who sold the gun to a disastrous bill to give gunmakers and deal- Matsui Pastor Tauscher the person who ended up getting the ers extraordinary shelter from liability suits. McCarthy (NY) Payne Thompson (CA) gun to the criminal who shot Officer Without this amendment, gun victims will be McCollum Pelosi Thompson (MS) McDermott Price (NC) Tierney Lemongello. Let me point out that if harmed by the federal legislature. The Watt McGovern Rangel the characterization that has been Towns amendment will not fix the underlying bill, but McNulty Rodriguez Udall (CO) Meehan Rothman overwrought and overstated by the op- will make it more responsible in the short Udall (NM) Meek (FL) Roybal-Allard position is correct, then there is a Van Hollen term. I thank the Congressman from North Meeks (NY) Rush claim under the law that is not pre- Carolina for his efforts, and I encourage my Menendez Sabo Velazquez empted by this bill for Mr. Lemongello colleagues to support this amendment. Millender- Sanchez, Linda Visclosky Waters to seek redress. Mr. CANNON. Mr. Chairman, I yield McDonald T. The fact is this bill does not take Miller (NC) Sanchez, Loretta Watson back the balance of my time. Miller, George Schakowsky Watt away the traditional common-law The CHAIRMAN pro tempore. The Moore Schiff Waxman claims for negligent entrustment and question is on the amendment offered Moran (VA) Scott (VA) Weiner violations of law. It only makes it by the gentleman from North Carolina Nadler Serrano Wexler clear that frivolous lawsuits cannot Napolitano Sherman Woolsey (Mr. WATT). Neal (MA) Slaughter proceed erratically around the country. Wu The amendment was rejected. Obey Smith (WA) Wynn Mr. Chairman, I would like to read Olver Snyder two quotes to finish up. First of all, let SEQUENTIAL VOTES POSTPONED IN COMMITTEE me point out that the industry has OF THE WHOLE NOES—278 been responsible. The CHAIRMAN pro tempore. Pursu- Aderholt Doolittle Knollenberg When the city of Boston voluntarily ant to clause 6 of rule XVIII, pro- Akin Dreier Kolbe dismissed its lawsuit against the fire- ceedings will now resume on those Alexander Duncan LaHood amendments on which further pro- Baca Dunn Lampson arms industry, they said, ‘‘During liti- Bachus Edwards Larsen (WA) gation the city has learned that the ceedings were postponed in the fol- Baker Ehlers Latham members of the firearm industry have lowing order: amendment No. 2 by Mr. Ballenger Emerson LaTourette a long-standing commitment to reduc- SCOTT of Virginia, amendment No. 3 by Barrett (SC) English Leach ´ Bartlett (MD) Everett Lewis (CA) ing firearm accidents and reducing Ms. LINDA T. SANCHEZ of California, Barton (TX) Feeney Lewis (KY) criminal misuse of firearms.’’ And they amendment No. 4 by Mr. MEEHAN of Bass Ferguson Linder go on and make further points. Massachusetts. Beauprez Flake Lipinski Bell Fletcher LoBiondo So what is this bill all about? What is The Chair will reduce to 5 minutes Bereuter Foley Lucas (KY) the litigation all about that we are try- the time for any electronic vote after Berkley Forbes Manzullo ing to deal with in this bill. It is about the first vote of this series. Biggert Fossella Marshall what John Coale said: ‘‘The legal fees Bilirakis Franks (AZ) Matheson AMENDMENT NO. 2 OFFERED BY MR. SCOTT OF Bishop (GA) Frelinghuysen McCotter alone are enough to bankrupt the in- VIRGINIA Bishop (UT) Gallegly McCrery dustry.’’ The CHAIRMAN pro tempore. The Blackburn Garrett (NJ) McHugh What we want to do is protect the in- pending business is the request for a re- Blunt Gerlach McInnis dustry in America. I urge the Members Boehlert Gibbons McIntyre corded vote on amendment No. 2 by the Boehner Gilchrest McKeon to vote against this amendment and gentleman from Virginia (Mr. SCOTT) Bonilla Gillmor Mica other amendments and support the un- on which further proceedings were Bonner Gingrey Michaud derlying bill. postponed and on which the noes pre- Bono Goode Miller (FL) Mr. HASTINGS of Florida. Mr. Chairman, Boozman Goodlatte Miller (MI) vailed by voice vote. Boswell Gordon Miller, Gary this legislation is part of a gun industry effort The Clerk will redesignate the Boucher Goss Mollohan to preempt cities and counties across the Bradley (NH) Granger Moran (KS) amendment. United States from exercising their legal right Brady (TX) Graves Murphy The Clerk redesignated the amend- to reform dangerous gun industry practices. Brown (SC) Green (TX) Murtha ment. Brown-Waite, Green (WI) Musgrave Worst yet, under the measure, any case pend- Ginny Greenwood Myrick ing at the time of enactment would be dis- RECORDED VOTE Burgess Grijalva Nethercutt missed. I support the amendment proposed by The CHAIRMAN pro tempore. A re- Burns Gutknecht Ney corded vote has been demanded. Burr Hall Northup Representative Watt because it will restore an Burton (IN) Harris Norwood individual plaintiff’s ability to pursue all cur- A recorded vote was ordered. Buyer Hart Nunes rently accepted product liability causes of ac- The vote was taken by electronic de- Calvert Hastings (WA) Nussle tion. Thus, existing gun victims will be allowed vice, and there were—ayes 148, noes 278, Camp Hayes Oberstar Cannon Hayworth Ortiz to exercise their right to a day in court. It will not voting 8, as follows: Cantor Hefley Osborne further the goals of this civilized society, which [Roll No. 120] Capito Hensarling Ose Cardoza Herger Otter is based on the rule of law. AYES—148 There are many examples—from the lawsuit Carson (OK) Hill Oxley Abercrombie Davis (FL) Holt Carter Hinchey Paul brought because Ford Pintos were exploding Ackerman Davis (IL) Honda Chabot Hobson Pearce to the toxic pollutant cases against Pacific Gas Allen DeGette Hoyer Chocola Hoekstra Pence & Electric made famous in the movie ‘‘Erin Andrews Delahunt Inslee Coble Holden Peterson (MN) Brockovich’’—that individuals can get justice in Baird DeLauro Israel Cole Hooley (OR) Petri Baldwin Deutsch Jackson (IL) Collins Hostettler Pickering a courtroom from the reckless and irrespon- Ballance Dicks Jackson-Lee Combest Hulshof Pitts sible actions of gunmakers and dealers. But if Becerra Doggett (TX) Cooper Hunter Platts H.R. 1036 is enacted into law without this Berman Doyle Jefferson Costello Isakson Pombo Bishop (NY) Emanuel Johnson, E. B. Cox Issa Pomeroy amendment, cases such as these will imme- Blumenauer Engel Jones (OH) Cramer Istook Porter diately after enactment be thrown out of court. Brady (PA) Eshoo Kaptur Crane Janklow Portman The pending case filed by Pamela Grunow, Brown (OH) Etheridge Kennedy (RI) Crenshaw Jenkins Pryce (OH) a resident of Palm Beach County, would also Brown, Corrine Evans Kildee Cubin John Putnam Capps Farr Kilpatrick Culberson Johnson (CT) Quinn be immediately dismissed. On May 26, 2000, Capuano Fattah Kirk Cunningham Johnson (IL) Radanovich 13-year-old student Nathaniel Brazil shot and Cardin Filner Kleczka Davis (TN) Johnson, Sam Rahall killed his language arts teacher Barry Grunow Carson (IN) Ford Kucinich Davis, Jo Ann Jones (NC) Ramstad at Lake Worth Middle School, in my district. Case Frank (MA) Langevin Davis, Tom Kanjorski Regula Castle Frost Lantos Deal (GA) Keller Rehberg Pamela Grunow is seeking to hold the dis- Clay Gephardt Larson (CT) DeFazio Kelly Renzi tributor of the gun responsible for selling an Clyburn Gonzalez Lee DeLay Kennedy (MN) Reyes unreasonably dangerous and defective prod- Conyers Gutierrez Levin DeMint Kind Reynolds uct. My colleagues, we do not know better Crowley Harman Lewis (GA) Diaz-Balart, L. King (IA) Rogers (AL) Cummings Hastings (FL) Lofgren Diaz-Balart, M. King (NY) Rogers (KY) than the state governments legislating on this Davis (AL) Hinojosa Lowey Dingell Kingston Rogers (MI) issue, or the judges listening to these lawsuits. Davis (CA) Hoeffel Lynch Dooley (CA) Kline Rohrabacher

VerDate Jan 31 2003 03:56 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.090 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2995 Ros-Lehtinen Simpson Tiahrt Doyle Lofgren Ruppersberger Murtha Renzi Stenholm Ross Skelton Tiberi Emanuel Lowey Rush Musgrave Reyes Strickland Royce Smith (MI) Toomey Engel Lynch Sabo Myrick Reynolds Stupak Ruppersberger Smith (NJ) Turner (OH) Eshoo Majette Sanchez, Linda Nethercutt Rodriguez Sullivan Ryan (OH) Smith (TX) Turner (TX) Etheridge Maloney T. Ney Rogers (AL) Sweeney Ryan (WI) Souder Upton Evans Markey Sanchez, Loretta Northup Rogers (KY) Tancredo Sanders Stearns Vitter Farr Matsui Schakowsky Norwood Rogers (MI) Tanner Sandlin Stenholm Walden (OR) Fattah McCarthy (NY) Schiff Nunes Rohrabacher Tauzin Saxton Strickland Walsh Filner McCollum Scott (VA) Nussle Ros-Lehtinen Taylor (MS) Schrock Stupak Wamp Frank (MA) McDermott Serrano Oberstar Ross Taylor (NC) Scott (GA) Sullivan Weldon (FL) Gephardt McGovern Shays Obey Royce Terry Sensenbrenner Sweeney Weldon (PA) Grijalva McNulty Sherman Ortiz Ryan (OH) Thomas Sessions Tancredo Weller Osborne Ryan (WI) Gutierrez Meehan Slaughter Thompson (CA) Shadegg Tanner Whitfield Hastings (FL) Meek (FL) Ose Sanders Solis Thornberry Shaw Tauzin Wicker Hoeffel Menendez Otter Sandlin Spratt Tiahrt Shays Taylor (MS) Wilson (NM) Holt Millender- Oxley Saxton Stark Tiberi Sherwood Taylor (NC) Wilson (SC) Honda McDonald Paul Schrock Tauscher Toomey Shimkus Terry Wolf Hoyer Miller (NC) Pearce Scott (GA) Thompson (MS) Turner (OH) Shuster Thomas Young (AK) Inslee Miller, George Pence Sensenbrenner Turner (TX) Simmons Thornberry Young (FL) Israel Moran (VA) Tierney Peterson (MN) Sessions Upton Jackson (IL) Nadler Towns Petri Shadegg NOT VOTING—8 Jackson-Lee Napolitano Udall (CO) Pickering Shaw Vitter Walden (OR) Berry Hyde Peterson (PA) (TX) Neal (MA) Udall (NM) Pitts Sherwood Van Hollen Walsh Boyd Lucas (OK) Ryun (KS) Jones (OH) Olver Platts Shimkus Houghton McCarthy (MO) Kaptur Owens Velazquez Pombo Shuster Wamp Kennedy (RI) Pallone Visclosky Pomeroy Simmons Weldon (FL) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Kildee Pascrell Waters Porter Simpson Weldon (PA) The SPEAKER pro tempore (Mr. Kilpatrick Pastor Watson Portman Skelton Weller Kleczka Payne Watt Pryce (OH) Smith (MI) Whitfield QUINN) (during the vote). Members Kucinich Pelosi Waxman Putnam Smith (NJ) Wicker would be reminded they have 2 minutes Langevin Price (NC) Weiner Quinn Smith (TX) Wilson (NM) in which to cast their votes. Lantos Ramstad Wexler Radanovich Smith (WA) Wilson (SC) Larson (CT) Rangel Woolsey Rahall Snyder Wolf b 1548 Lee Rothman Wu Regula Souder Young (AK) Levin Roybal-Allard Wynn Rehberg Stearns Young (FL) Messrs. BARTLETT of Maryland, NOT VOTING—11 WELDON of Florida, REYNOLDS, NOES—289 Boyd Lewis (CA) Meeks (NY) BROWN of South Carolina, and BELL Aderholt Davis (AL) Hinchey Cooper Lewis (GA) Peterson (PA) Akin Davis (TN) Hinojosa changed their vote from ‘‘aye’’ to ‘‘no.’’ Houghton Lucas (OK) Ryun (KS) Alexander Messrs. KLECZKA, THOMPSON of Davis, Jo Ann Hobson Hyde McCarthy (MO) Baca Davis, Tom Hoekstra California, VISCLOSKY, and KIRK Bachus Deal (GA) Holden ANNOUNCEMENT BY THE CHAIRMAN PRO changed their vote from ‘‘no’’ to ‘‘aye.’’ Baird DeFazio Hooley (OR) TEMPORE So the amendment was rejected. Baker DeLauro Hostettler Ballenger DeLay Hulshof The CHAIRMAN pro tempore (during The result of the vote was announced Barrett (SC) DeMint Hunter the vote). Members will be reminded as above recorded. Bartlett (MD) Diaz-Balart, L. Isakson there are 2 minutes remaining in this ANNOUNCEMENT BY THE CHAIRMAN PRO Barton (TX) Diaz-Balart, M. Issa Bass Dingell Istook vote. Two minutes, please. TEMPORE Beauprez Dooley (CA) Janklow The CHAIRMAN pro tempore (Mr. Bereuter Doolittle Jefferson b 1556 QUINN). Pursuant to clause 6 of rule Berry Dreier Jenkins So the amendment was rejected. XVIII, the remainder of this series will Biggert Duncan John Bilirakis Dunn Johnson (CT) The result of the vote was announced all be conducted as 5-minute votes. Bishop (GA) Edwards Johnson (IL) as above recorded. AMENDMENT NO. 3 OFFERED BY MS. LINDA T. Bishop (UT) Ehlers Johnson, E. B. Stated for: SA´ NCHEZ OF CALIFORNIA Blackburn Emerson Johnson, Sam Ms. DELAURO. Mr. Chairman, I inadvert- Blunt English Jones (NC) The CHAIRMAN pro tempore. The Boehlert Everett Kanjorski ently voted ‘‘no’’ on rollcall vote No. 121 today. pending business is the demand for a Boehner Feeney Keller I would like the RECORD to reflect that I in- recorded vote on the amendment of- Bonilla Ferguson Kelly tended to vote ‘‘aye.’’ Bonner Flake Kennedy (MN) fered by the gentlewoman from Cali- Bono Fletcher Kind AMENDMENT NO. 4 OFFERED BY MR. MEEHAN fornia (Ms. LINDA T. SA´ NCHEZ) on which Boozman Foley King (IA) The CHAIRMAN pro tempore. The further proceedings were postponed and Boswell Forbes King (NY) pending business is the demand for a on which the noes prevailed by voice Boucher Ford Kingston Bradley (NH) Fossella Kirk recorded vote on amendment No. 4 of- vote. Brady (TX) Franks (AZ) Kline fered by the gentleman from Massachu- The Clerk will redesignate the Brown (SC) Frelinghuysen Knollenberg setts (Mr. MEEHAN) on which further amendment. Brown-Waite, Frost Kolbe Ginny Gallegly LaHood proceedings were postponed and on The Clerk redesignated the amend- Burgess Garrett (NJ) Lampson which the noes prevailed by voice vote. ment. Burns Gerlach Larsen (WA) The Clerk will redesignate the RECORDED VOTE Burr Gibbons Latham amendment. Burton (IN) Gilchrest LaTourette The CHAIRMAN pro tempore. A re- Buyer Gillmor Leach The Clerk redesignated the amend- corded vote has been demanded. Calvert Gingrey Lewis (KY) ment. Camp Gonzalez Linder A recorded vote was ordered. RECORDED VOTE Cannon Goode Lipinski The CHAIRMAN pro tempore. This is Cantor Goodlatte LoBiondo The CHAIRMAN pro tempore. A re- a 5-minute vote. Capito Gordon Lucas (KY) corded vote has been demanded. The vote was taken by electronic de- Cardoza Goss Manzullo A recorded vote was ordered. vice, and there were—ayes 134, noes 289, Carson (OK) Granger Marshall Carter Graves Matheson The CHAIRMAN pro tempore. This is not voting 11, as follows: Castle Green (TX) McCotter a 5-minute vote. [Roll No. 121] Chabot Green (WI) McCrery The vote was taken by electronic de- Chocola Greenwood McHugh AYES—134 Coble Gutknecht McInnis vice, and there were—ayes 144, noes 280, Abercrombie Blumenauer Conyers Cole Hall McIntyre not voting 10, as follows: Ackerman Brady (PA) Crowley Collins Harman McKeon [Roll No. 122] Allen Brown (OH) Cummings Combest Harris Mica Andrews Brown, Corrine Davis (CA) Costello Hart Michaud AYES—144 Baldwin Capps Davis (FL) Cox Hastings (WA) Miller (FL) Abercrombie Becerra Brady (PA) Ballance Capuano Davis (IL) Cramer Hayes Miller (MI) Ackerman Bell Brown (OH) Becerra Cardin DeGette Crane Hayworth Miller, Gary Allen Berkley Brown, Corrine Bell Carson (IN) Delahunt Crenshaw Hefley Mollohan Andrews Berman Capps Berkley Case Deutsch Cubin Hensarling Moore Baldwin Bishop (NY) Capuano Berman Clay Dicks Culberson Herger Moran (KS) Ballance Blumenauer Cardin Bishop (NY) Clyburn Doggett Cunningham Hill Murphy

VerDate Jan 31 2003 05:12 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.054 H09PT1 H2996 CONGRESSIONAL RECORD — HOUSE April 9, 2003 Carson (IN) Jefferson Pascrell Lucas (KY) Pombo Smith (MI) b 1708 Case Johnson, E. B. Pastor Manzullo Pomeroy Smith (NJ) Castle Jones (OH) Payne Marshall Porter Smith (TX) AFTER RECESS Clay Kennedy (RI) Pelosi Matheson Portman Souder Clyburn Kildee Price (NC) McCotter Pryce (OH) Spratt The recess having expired, the House Conyers Kilpatrick Rangel McCrery Putnam Stearns was called to order by the Speaker pro Crowley King (NY) Rothman McHugh Quinn Stenholm tempore (Mr. GILCHREST) at 5 o’clock Cummings Kleczka Roybal-Allard McInnis Radanovich Strickland McIntyre Rahall and 8 minutes p.m. Davis (CA) Kucinich Rush Stupak Davis (FL) Langevin McKeon Ramstad Sabo Sullivan f Davis (IL) Lantos Mica Regula Sanchez, Linda Sweeney DeGette Larson (CT) Michaud Rehberg EXTENDING AVAILABILITY OF T. Tancredo Delahunt Lee Miller (FL) Renzi Tanner CONTINUING EXPENSES OF DeLauro Levin Sanchez, Loretta Miller (MI) Reyes Schakowsky Tauzin STANDING AND SELECT COMMIT- Deutsch Lewis (GA) Miller, Gary Reynolds Taylor (MS) Schiff Mollohan Rodriguez TEES OF HOUSE THROUGH MAY Dicks Lofgren Taylor (NC) Scott (VA) Moran (KS) Rogers (AL) Doggett Lowey Terry 9, 2003 Doyle Lynch Serrano Murphy Rogers (KY) Thomas Emanuel Majette Shays Murtha Rogers (MI) Mr. NEY. Mr. Speaker, I ask unani- Thompson (CA) Engel Maloney Sherman Musgrave Rohrabacher Thornberry mous consent for the immediate con- Eshoo Markey Slaughter Myrick Ros-Lehtinen Tiahrt sideration of the resolution (H. Res. Evans Matsui Smith (WA) Nethercutt Ross Tiberi 185) extending the period of avail- Farr McCarthy (NY) Snyder Ney Royce Fattah McCollum Northup Ruppersberger Toomey ability of amounts for continuing ex- Stark Turner (OH) Filner McDermott Tauscher Norwood Ryan (OH) penses of standing and select commit- Frank (MA) McGovern Nunes Ryan (WI) Turner (TX) Thompson (MS) Upton tees of the House through May 9, 2003. Frost McNulty Tierney Nussle Sanders Gephardt Oberstar Sandlin Vitter The Clerk read the title of the resolu- Meehan Towns Gonzalez Meek (FL) Ortiz Saxton Walden (OR) Udall (CO) tion. Grijalva Meeks (NY) Osborne Schrock Walsh Udall (NM) The SPEAKER pro tempore (Mr. Gutierrez Menendez Ose Scott (GA) Wamp Gutknecht Millender- Van Hollen Otter Sensenbrenner Weldon (FL) GILCHREST). Is there objection to the Harman McDonald Velazquez Oxley Sessions Weldon (PA) request of the gentleman from Ohio? Hastings (FL) Miller (NC) Visclosky Paul Shadegg Weller Mr. LARSON of Connecticut. Reserv- Waters Hinchey Miller, George Pearce Shaw Whitfield ing the right to object, Mr. Speaker, we Hoeffel Moore Watson Pence Sherwood Wicker Holt Moran (VA) Watt Peterson (MN) Shimkus Wilson (NM) have no objection. We are in concur- Honda Nadler Waxman Petri Shuster Wilson (SC) rence. Hooley (OR) Napolitano Weiner Pickering Simmons Wolf Mr. Speaker, I withdraw my reserva- Pitts Simpson Young (AK) Inslee Neal (MA) Wexler tion of objection. Israel Obey Woolsey Platts Skelton Young (FL) Jackson (IL) Olver The Speaker pro tempore. Is there Wu NOT VOTING—10 Jackson-Lee Owens Wynn objection to the request of the gen- (TX) Pallone Aderholt Hyde Ryun (KS) tleman from Ohio? Boswell Lucas (OK) Solis NOES—280 Boyd McCarthy (MO) There was no objection. Houghton Peterson (PA) The Clerk read the resolution, as fol- Akin Cox Green (WI) Alexander Cramer Greenwood ANNOUNCEMENT BY THE CHAIRMAN PRO lows: Baca Crane Hall TEMPORE H. RES. 185 Bachus Crenshaw Harris Baird Cubin Hart The CHAIRMAN pro tempore (Mr. Resolved, That House Resolution 163 Baker Culberson Hastings (WA) QUINN) (during the vote). Members are (agreed to March 26, 2003) is amended by Ballenger Cunningham Hayes advised 2 minutes remain in this vote. striking ‘‘April 11, 2003’’ and inserting ‘‘May Barrett (SC) Davis (AL) Hayworth 9, 2003’’. Bartlett (MD) Davis (TN) Hefley b 1604 Barton (TX) Davis, Jo Ann Hensarling The resolution was agreed to. Bass Davis, Tom Herger Mr. KELLER changed his vote from A motion to reconsider was laid on Beauprez Deal (GA) Hill ‘‘aye’’ to ‘‘no.’’ the table. Bereuter DeFazio Hinojosa So the amendment was rejected. f Berry DeLay Hobson The result of the vote was announced Biggert DeMint Hoekstra PROTECTION OF LAWFUL Bilirakis Diaz-Balart, L. Holden as above recorded. Bishop (GA) Diaz-Balart, M. Hostettler Mr. SENSENBRENNER. Mr. Chair- COMMERCE IN ARMS ACT Bishop (UT) Dingell Hoyer man, I move that the Committee do The SPEAKER pro tempore. Pursu- Blackburn Dooley (CA) Hulshof Blunt Doolittle Hunter now rise. ant to House Resolution 181 and rule Boehlert Dreier Isakson The motion was agreed to. XVIII, the Chair declares the House in Boehner Duncan Issa Accordingly, the Committee rose; the Committee of the Whole House on Bonilla Dunn Istook Bonner Edwards Janklow and the Speaker pro tempore (Mr. the State of the Union for the further Bono Ehlers Jenkins SIMPSON) having assumed the chair, consideration of the bill, H.R. 1036. Boozman Emerson John Mr. QUINN, Chairman pro tempore of b 1710 Boucher English Johnson (CT) the Committee of the Whole House on Bradley (NH) Etheridge Johnson (IL) IN THE COMMITTEE OF THE WHOLE Brady (TX) Everett Johnson, Sam the State of the Union, reported that Brown (SC) Feeney Jones (NC) that Committee, having had under con- Accordingly, the House resolved Brown-Waite, Ferguson Kanjorski sideration the bill (H.R. 1036) to pro- itself into the Committee of the Whole Ginny Flake Kaptur House on the State of the Union for the Burgess Fletcher Keller hibit civil liability actions from being Burns Foley Kelly brought or continued against manufac- further consideration of the bill (H.R. Burr Forbes Kennedy (MN) turers, distributors, dealers, or import- 1036) to prohibit civil liability actions Burton (IN) Ford Kind ers of firearms or ammunition for dam- from being brought or continued Buyer Fossella King (IA) Calvert Franks (AZ) Kingston ages resulting from the misuse of their against manufacturers, distributors, Camp Frelinghuysen Kirk products by others, had come to no res- dealers, or importers of firearms or Cannon Gallegly Kline olution thereon. ammunition for damages resulting Cantor Garrett (NJ) Knollenberg from the misuse of their products by Capito Gerlach Kolbe f Cardoza Gibbons LaHood others, with Mr. BASS (Chairman pro Carson (OK) Gilchrest Lampson RECESS tempore) in the chair. Carter Gillmor Larsen (WA) The SPEAKER pro tempore. Pursu- The Clerk read the title of the bill. Chabot Gingrey Latham Chocola Goode LaTourette ant to clause 12(a) of rule I, the Chair The CHAIRMAN pro tempore. When Coble Goodlatte Leach declares the House in recess subject to the Committee of the Whole rose ear- Cole Gordon Lewis (CA) the call of the Chair. lier today, amendment No. 4 printed in Collins Goss Lewis (KY) Accordingly (at 4 o’clock and 5 min- House Report 108–64 offered by the gen- Combest Granger Linder Cooper Graves Lipinski utes p.m.), the House stood in recess tleman from Massachusetts (Mr. MEE- Costello Green (TX) LoBiondo subject to the call of the Chair. HAN) had been disposed of.

VerDate Jan 31 2003 03:56 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.057 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2997 No further amendment being in We estimate that there are upwards from this point forward. It is entirely order, the question is on the committee of 300 pending lawsuits in various another thing to say to people who amendment in the nature of a sub- stages throughout the country. Those have filed their lawsuits that the law is stitute. lawsuits were filed by plaintiffs think- one thing that we are going to change The committee amendment in the ing that the state of the law was as it and make this bill retroactive to you. I nature of a substitute was agreed to. existed prior to this bill being enacted, ask for my colleagues to support the The CHAIRMAN pro tempore. Under if in fact it is. So the effect of the bill motion to recommit. the rule, the Committee rises. would be to an ex post facto law, which Mr. SENSENBRENNER. Mr. Speak- Accordingly, the Committee rose; we think would make the bill unconsti- er, I rise in opposition to the motion. and the Speaker pro tempore (Mr. tutional; but even if it did not make it Mr. Speaker, the motion to recommit GILCHREST) having assumed the chair, unconstitutional, would certainly guts the entire bill by preventing the Mr. BASS, Chairman pro tempore of the make it unfair to people who have filed dismissal of pending lawsuits. Much of Committee of the Whole House on the their lawsuits in court and, in some the harm this bill addresses is caused State of the Union, reported that that cases, have proceeded with trial. by pending lawsuits. Committee, having had under consider- Some of those cases are on appeal. The Supreme Court has held that ation the bill (H.R. 1036) to prohibit This bill would require their dismissal, Congress can require that pending law- civil liability actions from being whether they are in discovery, whether suits can be dismissed if it is pursuant brought or continued against manufac- they had just filed a complaint, wheth- to a national economic policy. A bill turers, distributors, dealers, or importer they had gone through the trial that aims to save the national firearms ers of firearms or ammunition for dam- process, or whether they are pending in industry from bankruptcy due to pend- ages resulting from the misuse of their the Court of Appeals. They may be ing lawsuits is an enactment pursuant products by others, pursuant to House pending in the United States Supreme to a national economic policy. Cer- Resolution 181, he reported the bill Court. This bill would say those cases tainly saving an industry from bank- back to the House with an amendment would have to be dismissed. ruptcy that is essential to preserving a adopted by the Committee of the Mr. Speaker, I would submit that constitutionally protected right to Whole. neither the committee, the Committee bear arms under Congress’s Commerce The SPEAKER pro tempore. Under on the Judiciary, nor this House has Clause authority is constitutional. If the rule, the previous question is or- done any evaluation of those pending this motion to recommit passes, all dered. lawsuits. that would happen is that hundreds of The question is on the committee b 1715 additional cases would be filed right amendment in the nature of a sub- before the date of enactment. This mo- There have been no hearings about stitute. tion to recommit would therefore what they entail. We do know that one The committee amendment in the make the current situation much of them that would be involved in- nature of a substitute was agreed to. worse and further endanger all of our The SPEAKER pro tempore. The volves a police officer by the name of fundamental rights to bear arms. I question is on the engrossment and Lemongello who testified at the hear- urge a ‘‘no’’ vote on the motion to re- third reading of the bill. ing that we had on this bill, and his commit. The bill was ordered to be engrossed lawsuit would be one of those that Mr. Speaker, I yield back the balance and read a third time, and was read the would be dismissed. of my time, and I move the previous third time The facts of his case indicate that he question on the motion. MOTION TO RECOMMIT OFFERED BY MR. WATT was the victim of a gun shot by an in- The previous question was ordered. Mr. WATT. Mr. Speaker, I offer a mo- dividual, who a dealer sold the gun to The SPEAKER pro tempore (Mr. tion to recommit. a female companion of that individual, The SPEAKER pro tempore. Is the knowing full well that the gun was not GILCHREST). The question is on the mo- gentleman opposed to the bill? to be used by that female companion. tion to recommit. Mr. WATT. Mr. Speaker, I am, in- And as soon as they got out the door The question was taken; and the deed. with the gun, they were so suspicious Speaker pro tempore announced that The SPEAKER pro tempore. The of what was going on, they had imme- the noes appeared to have it. Clerk will report the motion to recom- diately called the ATF about that. Mr. WATT. Mr. Speaker, I object to mit. We think that the sniper case that is the vote on the grounds that a quorum The Clerk read as follows: pending would be in jeopardy of being is not present and make the point of Mr. WATT of North Carolina moves to re- dismissed by this lawsuit by this bill if order that a quorum is not present. commit the bill H.R. 1036 to the Committee this amendment or motion to recom- The SPEAKER pro tempore. Evi- on the Judiciary with instructions to report mit is not adopted. And even my col- dently a quorum is not present. the same to the House forthwith with the The Sergeant at Arms will notify ab- following amendments: leagues last year when this bill was In section 3— being advanced through the House, sent Members. (1) strike ‘‘(a) IN GENERAL.—’’; and upon recognizing what was going on in Pursuant to clause 9 of rule XX, this (2) strike subsection (b). our community with the sniper inci- will be a 15-minute vote on the motion The SPEAKER pro tempore. Pursu- dents, said we are not going to consider to recommit, and it will be followed by ant to the rule, the gentleman from this bill at this time. But here we are a 5-minute vote on final passage and by North Carolina (Mr. WATT) is recog- a year later saying that we are going 5-minute votes on the motions to sus- nized for 5 minutes in support of his to pass a bill that could eliminate po- pend the rules and adopt House Resolu- motion to recommit. tential civil liability on the part of the tion 170 and House Resolution 149, Mr. WATT. Mr. Speaker, the section dealer, who should have known that which were debated yesterday. that the motion to recommit would the gun that was out there which they The vote was taken by electronic de- strike is section 3(b) of the bill, which were not keeping accurate track of in vice, and there were—yeas 140, nays reads as follows: ‘‘A qualified civil li- their inventory, should have known 282, not voting 12, as follows: ability action that is pending on the that that gun was being distributed [Roll No. 123] date of the enactment of this act shall and sold, and that case would probably YEAS—140 be dismissed immediately by the court be dismissed. Abercrombie Brady (PA) Crowley in which the action was brought or is There are a number of other in- Ackerman Brown (OH) Cummings currently pending.’’ stances where cases would be dismissed Allen Brown, Corrine Davis (CA) Andrews Capps Davis (FL) The effect of that language is to if this bill goes forward in its current Baldwin Capuano DeGette make this bill not only applicable to form. It is unseemly that this House Ballance Cardin Delahunt what happens from today forward or would pass a bill that would have ret- Becerra Carson (IN) DeLauro from the passage and enactment of the roactive effect. It is one thing to say, Berkley Case Deutsch Berman Clay Dicks bill forward, but to make it have retro- okay, today, starting today we are put- Bishop (NY) Clyburn Doggett spective impact. ting you on notice that this is the law Blumenauer Conyers Doyle

VerDate Jan 31 2003 03:56 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.100 H09PT1 H2998 CONGRESSIONAL RECORD — HOUSE April 9, 2003 Emanuel Lee Rangel Myrick Reynolds Strickland Bonilla Gutknecht Peterson (PA) Engel Levin Rodriguez Nethercutt Rogers (AL) Stupak Bonner Hall Petri Eshoo Lewis (GA) Rothman Ney Rogers (KY) Sullivan Bono Harris Pickering Etheridge Lipinski Roybal-Allard Northup Rogers (MI) Sweeney Boozman Hart Pitts Evans Lofgren Rush Norwood Rohrabacher Tancredo Boswell Hastings (WA) Platts Farr Lowey Sabo Nunes Ros-Lehtinen Tanner Boucher Hayes Pombo Fattah Lynch Sanchez, Linda Nussle Ross Tauzin Bradley (NH) Hayworth Pomeroy Filner Majette T. Oberstar Royce Taylor (MS) Brady (TX) Hefley Porter Ortiz Ruppersberger Ford Maloney Sanchez, Loretta Taylor (NC) Brown (SC) Hensarling Portman Osborne Ryan (OH) Frank (MA) Markey Schakowsky Terry Brown, Corrine Herger Pryce (OH) Frost Matsui Ose Ryan (WI) Schiff Thomas Brown-Waite, Hill Putnam Gonzalez McCarthy (NY) Otter Sanders Scott (VA) Thompson (CA) Ginny Hinojosa Quinn Grijalva McCollum Oxley Sandlin Serrano Thornberry Burgess Hobson Radanovich Gutierrez McDermott Paul Saxton Sherman Tiahrt Burns Hoekstra Rahall Hastings (FL) McGovern Pearce Schrock Burr Slaughter Tiberi Holden Ramstad Hoeffel McNulty Pence Scott (GA) Burton (IN) Hostettler Solis Peterson (MN) Sensenbrenner Toomey Regula Holt Meehan Buyer Hulshof Spratt Peterson (PA) Sessions Turner (OH) Rehberg Honda Meek (FL) Calvert Hunter Stark Petri Shadegg Turner (TX) Renzi Hooley (OR) Meeks (NY) Camp Isakson Tauscher Pickering Shaw Upton Reyes Hoyer Menendez Cannon Issa Thompson (MS) Pitts Shays Vitter Reynolds Inslee Millender- Cantor Istook Tierney Pombo Sherwood Rodriguez Israel McDonald Walden (OR) Capito Janklow Towns Pomeroy Shimkus Rogers (AL) Jackson (IL) Miller (NC) Walsh Cardoza Jenkins Udall (CO) Porter Shuster Rogers (KY) Jackson-Lee Miller, George Wamp Carson (OK) John Udall (NM) Portman Simmons Rogers (MI) (TX) Moore Weldon (FL) Carter Johnson (CT) Jefferson Van Hollen Pryce (OH) Simpson Rohrabacher Moran (VA) Weldon (PA) Chabot Johnson (IL) Johnson, E. B. Nadler Velazquez Putnam Skelton Ros-Lehtinen Weller Chocola Johnson, Sam Jones (OH) Napolitano Visclosky Quinn Smith (MI) Ross Whitfield Coble Jones (NC) Kaptur Neal (MA) Waters Radanovich Smith (NJ) Royce Wicker Cole Kanjorski Kennedy (RI) Obey Watson Rahall Smith (TX) Ryan (OH) Wilson (NM) Collins Kaptur Kildee Olver Watt Ramstad Smith (WA) Ryan (WI) Wilson (SC) Combest Keller Kilpatrick Owens Waxman Regula Snyder Sanders Wolf Cooper Kelly Kleczka Pallone Weiner Rehberg Souder Costello Kennedy (MN) Sandlin Kucinich Pastor Wexler Renzi Stearns Young (AK) Cox Kind Saxton Langevin Payne Woolsey Reyes Stenholm Young (FL) Cramer King (IA) Schrock Lantos Pelosi Wu NOT VOTING—12 Crane King (NY) Scott (GA) Larson (CT) Price (NC) Wynn Sensenbrenner Baker Gephardt McCarthy (MO) Crenshaw Kingston Sessions Boyd Houghton Pascrell Cubin Kirk NAYS—282 Shadegg Cole Hyde Platts Culberson Kline Aderholt Culberson Hinchey Davis (IL) Lucas (OK) Ryun (KS) Cunningham Knollenberg Shaw Akin Cunningham Hinojosa Davis (AL) Kolbe Sherwood Alexander Davis (AL) Hobson ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Davis (TN) LaHood Shimkus Baca Davis (TN) Hoekstra The SPEAKER pro tempore (Mr. Davis, Jo Ann Lampson Shuster Bachus Davis, Jo Ann Holden GILCHREST) (during the vote). There are Davis, Tom Larsen (WA) Simmons Baird Davis, Tom Hostettler Deal (GA) Latham Simpson Ballenger Deal (GA) Hulshof 2 minutes remaining in this vote. DeFazio LaTourette Skelton Barrett (SC) DeFazio Hunter DeLay Leach Smith (MI) Bartlett (MD) DeLay Isakson b 1739 DeMint Lewis (CA) Smith (NJ) Barton (TX) DeMint Issa Diaz-Balart, L. Lewis (KY) Smith (TX) Mrs. NORTHUP and Messrs. RADANO- Bass Diaz-Balart, L. Istook Diaz-Balart, M. Linder Smith (WA) Beauprez Diaz-Balart, M. Janklow VICH, SHAYS, GILLMOR, and Dingell Lipinski Souder Bell Dingell Jenkins LATOURETTE changed their vote from Dooley (CA) LoBiondo Spratt Bereuter Dooley (CA) John Doolittle Lucas (KY) Stearns Berry Doolittle Johnson (CT) ‘‘yea’’ to ‘‘nay.’’ Dreier Manzullo Stenholm Biggert Dreier Johnson (IL) Mr. MEEKS of New York changed his Duncan Marshall Strickland Bilirakis Duncan Johnson, Sam vote from ‘‘nay’’ to ‘‘yea.’’ Dunn Matheson Stupak Bishop (GA) Dunn Jones (NC) So the motion to recommit was re- Edwards McCotter Bishop (UT) Edwards Kanjorski Sullivan jected. Ehlers McCrery Sweeney Blackburn Ehlers Keller Emerson McHugh Blunt Emerson Kelly The result of the vote was announced Tancredo as above recorded. English McInnis Tanner Boehlert English Kennedy (MN) McIntyre Etheridge Tauzin Boehner Everett Kind A motion to reconsider was laid on Everett McKeon Taylor (MS) Bonilla Feeney King (IA) the table. Feeney Mica Taylor (NC) Bonner Ferguson King (NY) Ferguson Michaud Bono Flake Kingston Stated against: Terry Flake Miller (FL) Boozman Fletcher Kirk Mr. COLE. Mr. Speaker, on rollcall No. 123, Thomas Fletcher Miller (MI) Boswell Foley Kline Thompson (CA) I was unavoidably detained. Had I been Foley Miller, Gary Boucher Forbes Knollenberg present, I would have voted ‘‘nay.’’ Forbes Mollohan Thornberry Bradley (NH) Fossella Kolbe Ford Moran (KS) Tiahrt Brady (TX) Franks (AZ) LaHood Mr. PLATTS. Mr. Speaker, on rollcall No. Fossella Murphy Tiberi Brown (SC) Frelinghuysen Lampson 123, I was unavoidably detained. Had I been Franks (AZ) Murtha Toomey Brown-Waite, Gallegly Larsen (WA) present, I would have voted ‘‘nay.’’ Frelinghuysen Musgrave Turner (OH) Ginny Garrett (NJ) Latham The SPEAKER pro tempore. The Gallegly Myrick Turner (TX) Burgess Gerlach LaTourette Garrett (NJ) Nethercutt Upton Burns Gibbons Leach question is on the passage of the bill. The question was taken; and the Gerlach Ney Vitter Burr Gilchrest Lewis (CA) Walden (OR) Burton (IN) Gillmor Lewis (KY) Speaker pro tempore announced that Gibbons Northup Walsh Buyer Gingrey Linder Gilchrest Norwood the ayes appeared to have it. Wamp Calvert Goode LoBiondo Gillmor Nunes Mr. SENSENBRENNER. Mr. Speak- Weldon (FL) Camp Goodlatte Lucas (KY) Gingrey Nussle Weldon (PA) Cannon Gordon Manzullo er, on that I demand the yeas and nays. Goode Obey Weller Cantor Goss Marshall The yeas and nays were ordered. Goodlatte Ortiz Capito Granger Matheson The SPEAKER pro tempore. This Gordon Osborne Whitfield Cardoza Graves McCotter Goss Ose Wicker will be a 5-minute vote. Granger Otter Wilson (NM) Carson (OK) Green (TX) McCrery The vote was taken by electronic de- Carter Green (WI) McHugh Graves Oxley Wilson (SC) Castle Greenwood McInnis vice, and there were—yeas 285, nays Green (TX) Pearce Wolf Chabot Gutknecht McIntyre 140, not voting 9, as follows: Green (WI) Pence Young (AK) Chocola Hall McKeon [Roll No. 124] Greenwood Peterson (MN) Young (FL) Coble Harman Mica Collins Harris Michaud YEAS—285 NAYS—140 Combest Hart Miller (FL) Aderholt Barrett (SC) Biggert Abercrombie Berkley Capuano Cooper Hastings (WA) Miller (MI) Akin Bartlett (MD) Bilirakis Ackerman Berman Cardin Costello Hayes Miller, Gary Alexander Barton (TX) Bishop (GA) Allen Bishop (NY) Carson (IN) Cox Hayworth Mollohan Baca Bass Bishop (UT) Andrews Blumenauer Case Cramer Hefley Moran (KS) Bachus Beauprez Blackburn Baldwin Brady (PA) Castle Crane Hensarling Murphy Baird Bell Blunt Ballance Brown (OH) Clay Crenshaw Herger Murtha Baker Bereuter Boehlert Becerra Capps Clyburn Cubin Hill Musgrave Ballenger Berry Boehner

VerDate Jan 31 2003 05:12 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.070 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H2999 Conyers Kildee Paul The SPEAKER pro tempore. The McCarthy (NY) Pitts Smith (TX) Crowley Kilpatrick Payne question is on the motion offered by McCollum Platts Smith (WA) Cummings Kleczka Pelosi McCotter Pombo Snyder Davis (CA) Kucinich Price (NC) the gentleman from New Hampshire McCrery Pomeroy Solis Davis (FL) Langevin Rothman (Mr. BRADLEY) that the House suspend McDermott Porter Souder DeGette Lantos Roybal-Allard the rules and agree to the resolution, McGovern Portman Spratt Delahunt Larson (CT) McHugh Price (NC) Ruppersberger House Resolution 170, on which the Stark DeLauro Lee Rush McInnis Pryce (OH) Stearns Deutsch Levin Sabo yeas and nays are ordered. McIntyre Putnam Stenholm Dicks Lewis (GA) Sanchez, Linda This is a 5-minute vote. McKeon Quinn Strickland Doggett Lofgren McNulty Radanovich T. Stupak Doyle Lowey The vote was taken by electronic de- Meehan Rahall Sanchez, Loretta Sullivan Emanuel Lynch vice, and there were—yeas 423, nays 0, Meek (FL) Ramstad Schakowsky Sweeney Engel Majette Meeks (NY) Rangel Schiff not voting 11, as follows: Tancredo Eshoo Maloney Menendez Regula Scott (VA) [Roll No. 125] Tanner Evans Markey Serrano Mica Rehberg Farr Matsui Tauscher Shays YEAS—423 Michaud Renzi Fattah McCarthy (NY) Millender- Reyes Tauzin Sherman Filner McCollum Abercrombie Crenshaw Hastings (WA) McDonald Reynolds Taylor (MS) Slaughter Frank (MA) McDermott Ackerman Crowley Hayes Miller (FL) Rodriguez Terry Snyder Frost McGovern Aderholt Cubin Hayworth Miller (MI) Rogers (AL) Thomas Solis Gonzalez McNulty Akin Culberson Hefley Miller (NC) Rogers (KY) Thompson (CA) Stark Grijalva Meehan Alexander Cummings Hensarling Miller, Gary Rogers (MI) Thompson (MS) Gutierrez Meek (FL) Tauscher Allen Cunningham Herger Miller, George Rohrabacher Thornberry Harman Meeks (NY) Thompson (MS) Andrews Davis (AL) Hill Mollohan Ros-Lehtinen Tiahrt Hastings (FL) Menendez Tierney Baca Davis (CA) Hinchey Moore Ross Tiberi Hinchey Millender- Towns Bachus Davis (FL) Hinojosa Moran (KS) Rothman Tierney Hoeffel McDonald Udall (CO) Baird Davis (IL) Hobson Moran (VA) Roybal-Allard Toomey Holt Miller (NC) Udall (NM) Baker Davis (TN) Hoeffel Murphy Royce Towns Baldwin Davis, Jo Ann Hoekstra Honda Miller, George Van Hollen Murtha Ruppersberger Turner (OH) Ballance Davis, Tom Holden Hooley (OR) Moore Velazquez Musgrave Rush Turner (TX) Ballenger Deal (GA) Holt Hoyer Moran (VA) Visclosky Myrick Ryan (OH) Udall (CO) Barrett (SC) DeFazio Honda Inslee Nadler Waters Nadler Ryan (WI) Udall (NM) Bartlett (MD) DeGette Hooley (OR) Israel Napolitano Watson Napolitano Sabo Upton Jackson (IL) Neal (MA) Watt Barton (TX) Delahunt Hostettler Neal (MA) Sanchez, Linda Bass DeLauro Hoyer Van Hollen Jackson-Lee Oberstar Waxman Nethercutt T. Velazquez (TX) Olver Weiner Beauprez DeLay Hulshof Ney Sanchez, Loretta Becerra DeMint Hunter Visclosky Jefferson Owens Wexler Northup Sanders Vitter Woolsey Bell Deutsch Inslee Johnson, E. B. Pallone Norwood Sandlin Walden (OR) Jones (OH) Pascrell Wu Bereuter Diaz-Balart, L. Isakson Nunes Saxton Walsh Kennedy (RI) Pastor Wynn Berkley Diaz-Balart, M. Israel Nussle Schakowsky Wamp Berman Dicks Issa Oberstar Schiff Waters NOT VOTING—9 Berry Dingell Istook Obey Schrock Watson Boyd Houghton McCarthy (MO) Biggert Doggett Jackson (IL) Olver Scott (GA) Watt Davis (IL) Hyde Rangel Bilirakis Dooley (CA) Jackson-Lee Ortiz Scott (VA) Waxman Gephardt Lucas (OK) Ryun (KS) Bishop (GA) Doolittle (TX) Osborne Sensenbrenner Bishop (NY) Doyle Janklow Ose Serrano Weiner ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Bishop (UT) Dreier Jefferson Otter Sessions Weldon (FL) The SPEAKER pro tempore (during Blackburn Duncan Jenkins Owens Shadegg Weldon (PA) Blumenauer Dunn John Weller the vote). There are 2 minutes left in Oxley Shaw Blunt Edwards Johnson (CT) Pallone Shays Wexler this vote. Boehlert Ehlers Johnson (IL) Pascrell Sherman Whitfield Boehner Emanuel Johnson, E. B. Wicker b 1748 Pastor Sherwood Bonilla Emerson Johnson, Sam Paul Shimkus Wilson (NM) Ms. HARMAN changed her vote from Bonner Engel Jones (NC) Payne Shuster Wilson (SC) Bono English Jones (OH) ‘‘yea’’ to ‘‘nay.’’ Pearce Simmons Wolf Boozman Eshoo Kanjorski Pelosi Simpson Woolsey So the bill was passed. Boswell Etheridge Kaptur Pence Skelton Wu The result of the vote was announced Boucher Evans Keller Peterson (MN) Slaughter Wynn as above recorded. Bradley (NH) Everett Kelly Peterson (PA) Smith (MI) Young (AK) Brady (PA) Farr Kennedy (MN) Pickering Smith (NJ) Young (FL) A motion to reconsider was laid on Brady (TX) Fattah Kennedy (RI) the table. Brown (OH) Feeney Kildee NOT VOTING—11 Brown (SC) Ferguson Kilpatrick Boyd Lipinski Petri Stated against: Brown, Corrine Filner Kind Gephardt Lucas (OK) Ryun (KS) Ms. CORRINE BROWN of Florida. Mr. Brown-Waite, Flake King (IA) Houghton Matsui Taylor (NC) Speaker, on rollcall vote No. 124 I voted Ginny Fletcher King (NY) Hyde McCarthy (MO) ‘‘yea,’’ and I am a definite ‘‘nay.’’ Burgess Foley Kingston Burns Forbes Kirk ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE f Burr Ford Kleczka Burton (IN) Fossella Kline The SPEAKER pro tempore (during ANNOUNCEMENT BY THE SPEAKER Buyer Frank (MA) Knollenberg the vote). There are 2 minutes left in PRO TEMPORE Calvert Franks (AZ) Kolbe this vote. Camp Frelinghuysen Kucinich The SPEAKER pro tempore (Mr. Cannon Frost LaHood b 1755 GILCHREST). Pursuant to clause 8 of Cantor Gallegly Lampson rule XX, proceedings will resume on Capito Garrett (NJ) Langevin So (two-thirds having voted in favor motions to suspend the rules pre- Capps Gerlach Lantos thereof) the rules were suspended and Capuano Gibbons Larsen (WA) the resolution was agreed to. viously postponed. Votes will be taken Cardin Gilchrest Larson (CT) in the following order: Cardoza Gillmor Latham The result of the vote was announced House Resolution 170, by the yeas and Carson (IN) Gingrey LaTourette as above recorded. nays; and Carson (OK) Gonzalez Leach A motion to reconsider was laid on Carter Goode Lee the table. House Resolution 149, by the yeas and Case Goodlatte Levin nays. Castle Gordon Lewis (CA) f Chabot Goss Lewis (GA) f Chocola Granger Lewis (KY) EXPRESSING THE CONDOLENCES RECOGNIZING THE 40TH ANNIVER- Clay Graves Linder OF THE HOUSE OF REPRESENTA- Clyburn Green (TX) LoBiondo SARY OF THE SINKING OF THE Coble Green (WI) Lofgren TIVES IN RESPONSE TO THE AS- U.S.S. THRESHER Cole Greenwood Lowey SASSINATION OF PRIME MIN- The SPEAKER pro tempore. The un- Collins Grijalva Lucas (KY) STER ZORAN DJINDJIC OF SER- Combest Gutierrez Lynch BIA finished business is the question of sus- Conyers Gutknecht Majette pending the rules and agreeing to the Cooper Hall Maloney The SPEAKER pro tempore. The un- resolution, House Resolution 170. Costello Harman Manzullo finished business is the question of sus- Cox Harris Markey The Clerk read the title of the resolu- Cramer Hart Marshall pending the rules and agreeing to the tion. Crane Hastings (FL) Matheson resolution, House Resolution 149.

VerDate Jan 31 2003 05:12 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.065 H09PT1 H3000 CONGRESSIONAL RECORD — HOUSE April 9, 2003 The Clerk read the title of the resolu- Lowey Pelosi Smith (MI) ther proceedings today on motions to tion. Lucas (KY) Pence Smith (NJ) suspend the rules on which a recorded Lynch Peterson (MN) Smith (TX) The SPEAKER pro tempore. The Majette Peterson (PA) Smith (WA) vote or the yeas and nays are ordered, question is on the motion offered by Maloney Petri Snyder or on which the vote is objected to Manzullo Pickering the gentleman from Nebraska (Mr. BE- Solis under clause 6 of rule XX. Markey Pitts Souder REUTER And record votes on postponed ques- ) that the House suspend the Marshall Platts Spratt rules and agree to the resolution, Matheson Pombo Stark tions will be taken tomorrow. House Resolution 149, on which the Matsui Pomeroy Stearns f McCarthy (NY) Porter Stenholm yeas and nays are ordered. McCollum Portman Strickland ARMED FORCES TAX FAIRNESS McCotter Price (NC) This is a 5-minute vote. Stupak ACT OF 2003 McCrery Pryce (OH) Sullivan The vote was taken by electronic de- McDermott Putnam Mr. THOMAS. Mr. Speaker, I move to Sweeney vice, and there were—yeas 425, nays 1, McGovern Quinn suspend the rules and pass the bill not voting 8, as follows: McHugh Radanovich Tancredo McInnis Rahall Tanner (H.R. 1664) to amend the Internal Rev- [Roll No. 126] McIntyre Ramstad Tauscher enue Code of 1986 to provide a special YEAS—425 McKeon Rangel Tauzin rule for members of the uniformed Taylor (MS) McNulty Regula services in determining the exclusion Abercrombie Cox Hall Meehan Rehberg Taylor (NC) Ackerman Cramer Harman Meek (FL) Renzi Terry of gain from the sale of a principal res- Aderholt Crane Harris Meeks (NY) Reyes Thomas idence and to restore the tax exempt Akin Crenshaw Hart Menendez Reynolds Thompson (CA) status of death gratuity payments to Alexander Crowley Hastings (FL) Mica Rodriguez Thompson (MS) Allen Cubin Hastings (WA) Michaud Rogers (AL) Thornberry members of the uniformed services, Andrews Culberson Hayes Millender- Rogers (KY) Tiahrt and for other purposes. Baca Cummings Hayworth McDonald Rogers (MI) Tiberi The Clerk read as follows: Bachus Cunningham Hefley Miller (FL) Rohrabacher Tierney H.R. 1664 Baird Davis (AL) Hensarling Miller (MI) Ros-Lehtinen Toomey Baker Davis (CA) Herger Miller (NC) Ross Towns Be it enacted by the Senate and House of Rep- Baldwin Davis (FL) Hill Miller, Gary Rothman Turner (OH) resentatives of the United States of America in Ballance Davis (IL) Hinchey Miller, George Roybal-Allard Turner (TX) Congress assembled, Ballenger Davis (TN) Hinojosa Mollohan Royce Udall (CO) SECTION 1. SHORT TITLE; REFERENCES. Barrett (SC) Davis, Jo Ann Hobson Moore Ruppersberger Udall (NM) Bartlett (MD) Davis, Tom Hoeffel (a) SHORT TITLE.—This Act may be cited as Moran (KS) Rush Upton Barton (TX) Deal (GA) Hoekstra the ‘‘Armed Forces Tax Fairness Act of Moran (VA) Ryan (OH) Van Hollen Bass DeFazio Holden 2003’’. Murphy Ryan (WI) Velazquez Beauprez DeGette Holt Murtha Sabo (b) AMENDMENT OF 1986 CODE.—Except as Becerra Delahunt Honda Visclosky otherwise expressly provided, whenever in Musgrave Sanchez, Linda Vitter Bell DeLauro Hooley (OR) Myrick T. this Act an amendment or repeal is ex- Bereuter DeLay Hostettler Walden (OR) Nadler Sanchez, Loretta Walsh pressed in terms of an amendment to, or re- Berkley DeMint Hoyer Napolitano Sanders Wamp peal of, a section or other provision, the ref- Berman Deutsch Hulshof Neal (MA) Sandlin Waters erence shall be considered to be made to a Berry Diaz-Balart, L. Hunter Nethercutt Saxton Watson section or other provision of the Internal Biggert Diaz-Balart, M. Inslee Ney Schakowsky Watt Bilirakis Dicks Isakson Northup Schiff Revenue Code of 1986. Waxman Bishop (GA) Dingell Israel Norwood Schrock SEC. 2. SPECIAL RULE FOR MEMBERS OF UNI- Bishop (NY) Doggett Issa Nunes Scott (GA) Weiner FORMED SERVICES AND FOREIGN Bishop (UT) Dooley (CA) Istook Nussle Scott (VA) Weldon (FL) SERVICE IN DETERMINING EXCLU- Blackburn Doolittle Jackson (IL) Oberstar Sensenbrenner Weldon (PA) SION OF GAIN FROM SALE OF PRIN- Blumenauer Doyle Jackson-Lee Obey Serrano Weller CIPAL RESIDENCE. Blunt Dreier (TX) Olver Sessions Wexler (a) IN GENERAL.—Subsection (d) of section Boehlert Duncan Janklow Ortiz Shadegg Whitfield 121 of the Internal Revenue Code of 1986 (re- Boehner Dunn Jefferson Osborne Shaw Wicker lating to exclusion of gain from sale of prin- Bonilla Edwards Jenkins Wilson (NM) Ose Shays cipal residence) is amended by adding at the Bonner Ehlers John Otter Sherman Wilson (SC) Bono Emanuel Johnson (CT) Owens Sherwood Wolf end the following new paragraph: Boozman Emerson Johnson (IL) Oxley Shimkus Woolsey ‘‘(10) MEMBERS OF UNIFORMED SERVICES AND Boswell Engel Johnson, E. B. Pallone Shuster Wu FOREIGN SERVICE.— Boucher English Johnson, Sam Pascrell Simmons Wynn ‘‘(A) IN GENERAL.—At the election of an in- Bradley (NH) Eshoo Jones (NC) Pastor Simpson Young (AK) dividual with respect to a property, the run- Brady (PA) Etheridge Jones (OH) Payne Skelton Young (FL) ning of the 5-year period referred to in sub- Brady (TX) Evans Kanjorski Pearce Slaughter Brown (OH) Everett Kaptur sections (a) and (c)(1)(B) and paragraph (7) of Brown (SC) Farr Keller NAYS—1 this subsection with respect to such property Brown, Corrine Fattah Kelly Paul shall be suspended during any period that Brown-Waite, Ferguson Kennedy (MN) such individual or such individual’s spouse is Ginny Filner Kennedy (RI) NOT VOTING—8 serving on qualified official extended duty as Burgess Flake Kildee Boyd Houghton McCarthy (MO) a member of the uniformed services or of the Burns Fletcher Kilpatrick Feeney Hyde Burr Foley Kind Ryun (KS) Foreign Service. Gephardt Lucas (OK) Burton (IN) Forbes King (IA) ‘‘(B) MAXIMUM PERIOD OF SUSPENSION.— Such 5-year period shall not be extended Buyer Ford King (NY) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Calvert Fossella Kingston more than 5 years by reason of subparagraph Camp Frank (MA) Kirk The SPEAKER pro tempore (Mr. (A). Cannon Franks (AZ) Kleczka GILCHREST) (during the vote). Members ‘‘(C) QUALIFIED OFFICIAL EXTENDED DUTY.— Cantor Frelinghuysen Kline are advised 2 minutes remain to vote. For purposes of this paragraph— Capito Frost Knollenberg ‘‘(i) IN GENERAL.—The term ‘qualified offi- Capps Gallegly Kolbe b 1803 Capuano Garrett (NJ) Kucinich cial extended duty’ means any extended duty Cardin Gerlach LaHood So (two-thirds having voted in favor while serving at a duty station which is at Cardoza Gibbons Lampson thereof) the rules were suspended and least 150 miles from such property or while Carson (IN) Gilchrest Langevin the resolution was agreed to. residing under Government orders in Govern- Carson (OK) Gillmor Lantos ment quarters. Carter Gingrey Larsen (WA) The result of the vote was announced ‘‘(ii) UNIFORMED SERVICES.—The term ‘uni- Case Gonzalez Larson (CT) as above recorded. formed services’ has the meaning given such Castle Goode Latham A motion to reconsider was laid on Chabot Goodlatte LaTourette term by section 101(a)(5) of title 10, United Chocola Gordon Leach the table. States Code, as in effect on the date of the Clay Goss Lee f enactment of this paragraph. Clyburn Granger Levin ‘‘(iii) FOREIGN SERVICE.—The term ‘member Coble Graves Lewis (CA) ANNOUNCEMENT BY THE SPEAKER of the Foreign Service’ has the meaning Cole Green (TX) Lewis (GA) given the term ‘member of the Service’ by Collins Green (WI) Lewis (KY) PRO TEMPORE paragraph (1), (2), (3), (4), or (5) of section 103 Combest Greenwood Linder The SPEAKER pro tempore. Pursu- Conyers Grijalva Lipinski of the Foreign Service Act of 1980, as in ef- Cooper Gutierrez LoBiondo ant to clause 8 of rule XX, the Chair fect on the date of the enactment of this Costello Gutknecht Lofgren announces that he will postpone fur- paragraph.

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.110 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3001

‘‘(iv) EXTENDED DUTY.—The term ‘extended made after the date of the enactment of this SEC. 8. CLARIFICATION RELATING TO EXCEP- duty’ means any period of active duty pursu- Act. TION FROM ADDITIONAL TAX ON ant to a call or order to such duty for a pe- CERTAIN DISTRIBUTIONS FROM SEC. 5. EXPANSION OF COMBAT ZONE FILING riod in excess of 180 days or for an indefinite QUALIFIED TUITION PROGRAMS, RULES TO CONTINGENCY OPER- ETC., ON ACCOUNT OF ATTENDANCE period. ATIONS. AT MILITARY ACADEMY. ‘‘(D) SPECIAL RULES RELATING TO ELEC- (a) IN GENERAL.—Subsection (a) of section (a) IN GENERAL.—Subparagraph (B) of sec- TION.— 7508 (relating to time for performing certain tion 530(d)(4) (relating to exceptions from ad- ‘‘(i) ELECTION LIMITED TO 1 PROPERTY AT A acts postponed by reason of service in com- ditional tax for distributions not used for TIME.—An election under subparagraph (A) educational purposes) is amended by striking with respect to any property may not be bat zone) is amended— (1) by inserting ‘‘or when deployed outside ‘‘or’’ at the end of clause (iii), by redesig- made if such an election is in effect with re- nating clause (iv) as clause (v), and by inspect to any other property. the United States away from the individual’s permanent duty station while participating serting after clause (iii) the following new ‘‘(ii) REVOCATION OF ELECTION.—An election clause: under subparagraph (A) may be revoked at in an operation designated by the Secretary of Defense as a contingency operation (as de- ‘‘(iv) made on account of the attendance of any time.’’. the designated beneficiary at the United (b) EFFECTIVE DATE; SPECIAL RULE.— fined in section 101(a)(13) of title 10, United States Military Academy, the United States (1) EFFECTIVE DATE.—The amendment States Code) or which became such a contin- Naval Academy, the United States Air Force made by this section shall take effect as if gency operation by operation of law’’ after Academy, the United States Coast Guard included in the amendments made by section ‘‘section 112’’, Academy, or the United States Merchant 312 of the Taxpayer Relief Act of 1997. (2) by inserting in the first sentence ‘‘or at Marine Academy, to the extent that the (2) WAIVER OF LIMITATIONS.—If refund or any time during the period of such contin- amount of the payment or distribution does credit of any overpayment of tax resulting gency operation’’ after ‘‘for purposes of such not exceed the costs of advanced education from the amendment made by this section is section’’, (as defined by section 2005(e)(3) of title 10, prevented at any time before the close of the (3) by inserting ‘‘or operation’’ after ‘‘such United States Code, as in effect on the date 1-year period beginning on the date of the an area’’, and of the enactment of this section) attrib- enactment of this Act by the operation of (4) by inserting ‘‘or operation’’ after ‘‘such utable to such attendance, or’’. any law or rule of law (including res judi- area’’. (b) EFFECTIVE DATE.—The amendment (b) CONFORMING AMENDMENTS.— cata), such refund or credit may nevertheless made by this section shall take effect for (1) Section 7508(d) is amended by inserting be made or allowed if claim therefor is filed taxable years beginning after December 31, ‘‘or contingency operation’’ after ‘‘area’’. before the close of such period. 2002. SEC. 3. RESTORATION OF FULL EXCLUSION FROM (2) The heading for section 7508 is amended SEC. 9. ABOVE-THE-LINE DEDUCTION FOR OVER- GROSS INCOME OF DEATH GRA- by inserting ‘‘OR CONTINGENCY OPER- NIGHT TRAVEL EXPENSES OF NA- TUITY PAYMENT. ATION’’ after ‘‘COMBAT ZONE’’. TIONAL GUARD AND RESERVE MEM- (a) IN GENERAL.—Paragraph (3) of section (3) The item relating to section 7508 in the BERS. 134(b) (relating to qualified military benefit) table of sections for chapter 77 is amended by (a) DEDUCTION ALLOWED.—Section 162 (re- is amended by adding at the end the fol- inserting ‘‘or contingency operation’’ after lating to certain trade or business expenses) lowing new subparagraph: ‘‘combat zone’’. is amended by redesignating subsection (p) ‘‘(C) EXCEPTION FOR DEATH GRATUITY AD- (c) EFFECTIVE DATE.—The amendments as subsection (q) and inserting after sub- JUSTMENTS MADE BY LAW.—Subparagraph (A) made by this section shall apply to any pe- section (o) the following new subsection: shall not apply to any adjustment to the riod for performing an act which has not ex- ‘‘(p) TREATMENT OF EXPENSES OF MEMBERS amount of death gratuity payable under pired before the date of the enactment of OF RESERVE COMPONENT OF ARMED FORCES OF chapter 75 of title 10, United States Code, this Act. THE UNITED STATES.—For purposes of sub- which is pursuant to a provision of law en- section (a)(2), in the case of an individual SEC. 6. MODIFICATION OF MEMBERSHIP RE- acted before December 31, 1991.’’. who performs services as a member of a re- (b) CONFORMING AMENDMENT.—Section QUIREMENT FOR EXEMPTION FROM serve component of the Armed Forces of the 134(b)(3)(A) is amended by striking ‘‘subpara- TAX FOR CERTAIN VETERANS’ ORGA- United States at any time during the taxable graph (B)’’ and inserting ‘‘subparagraphs (B) NIZATIONS. year, such individual shall be deemed to be and (C)’’. (a) IN GENERAL.—Subparagraph (B) of sec- away from home in the pursuit of a trade or (c) EFFECTIVE DATE.—The amendments tion 501(c)(19) (relating to list of exempt or- business for any period during which such in- made by this section shall apply with respect ganizations) is amended by striking ‘‘or wid- dividual is away from home in connection to deaths occurring after September 10, 2001. owers’’ and inserting ‘‘, widowers, ancestors, with such services.’’. SEC. 4. EXCLUSION FOR AMOUNTS RECEIVED or lineal descendants’’. (b) DEDUCTION ALLOWED WHETHER OR NOT UNDER DEPARTMENT OF DEFENSE (b) EFFECTIVE DATE.—The amendments HOMEOWNERS ASSISTANCE PRO- TAXPAYER ELECTS TO ITEMIZE.—Paragraph GRAM. made by this section shall apply to taxable (2) of section 62(a) (relating to certain trade years beginning after the date of the enact- (a) IN GENERAL.—Subsection (a) of section and business deductions of employees) is 132 (relating to certain fringe benefits) is ment of this Act. amended by adding at the end the following amended by striking ‘‘or’’ at the end of para- SEC. 7. CLARIFICATION OF THE TREATMENT OF new subparagraph: graph (6), by striking the period at the end of CERTAIN DEPENDENT CARE ASSIST- ‘‘(E) CERTAIN EXPENSES OF MEMBERS OF RE- paragraph (7) and inserting ‘‘, or’’ and by ANCE PROGRAMS. SERVE COMPONENTS OF THE ARMED FORCES OF THE UNITED STATES.—The deductions allowed adding at the end the following new para- (a) IN GENERAL.—Subsection (b) of section graph: 134 (defining qualified military benefit) is by section 162 which consist of expenses, de- ‘‘(8) qualified military base realignment amended by adding at the end the following termined at a rate not in excess of the rates and closure fringe.’’. new paragraph: for travel expenses (including per diem in lieu of subsistence) authorized for employees (b) QUALIFIED MILITARY BASE REALIGNMENT ‘‘(4) CLARIFICATION OF CERTAIN BENEFITS.— AND CLOSURE FRINGE.—Section 132 is amend- For purposes of paragraph (1), such term in- of agencies under subchapter I of chapter 57 ed by redesignating subsection (n) as sub- cludes any dependent care assistance proof title 5, United States Code, and not in ex- section (o) and by inserting after subsection gram (as in effect on the date of the enact- cess of $1,500, paid or incurred by the tax- (m) the following new subsection: ment of this paragraph) for any individual payer in connection with the performance of ‘‘(n) QUALIFIED MILITARY BASE REALIGN- described in paragraph (1)(A).’’. services by such taxpayer as a member of a MENT AND CLOSURE FRINGE.— reserve component of the Armed Forces of ONFORMING MENDMENTS ‘‘(1) IN GENERAL.—For purposes of this sec- (b) C A .— the United States for any period during tion, the term ‘qualified military base re- (1) Section 134(b)(3)(A) (as amended by sec- which such individual is more than 100 miles alignment and closure fringe’ means 1 or tion 102) is further amended by inserting away from home in connection with such more payments under the authority of sec- ‘‘and paragraph (4)’’ after ‘‘subparagraphs (B) services.’’. tion 1013 of the Demonstration Cities and and (C)’’. (c) EFFECTIVE DATE.—The amendments Metropolitan Development Act of 1966 (42 (2) Section 3121(a)(18) is amended by strik- made by this section shall apply to amounts U.S.C. 3374) (as in effect on the date of the ing ‘‘or 129’’ and inserting ‘‘, 129, or paid or incurred in taxable years beginning enactment of this subsection). 134(b)(4)’’. after December 31, 2002. (3) Section 3306(b)(13) is amended by strik- ‘‘(2) LIMITATION.—With respect to any prop- SEC. 10. TAX RELIEF AND ASSISTANCE FOR FAMI- erty, such term shall not include any paying ‘‘or 129’’ and inserting ‘‘, 129, or LIES OF ASTRONAUTS WHO LOSE ment referred to in paragraph (1) to the ex- 134(b)(4)’’. THEIR LIVES ON A SPACE MISSION. tent that the sum of all such payments re- (4) Section 3401(a)(18) is amended by strik- (a) INCOME TAX RELIEF.— lated to such property exceeds the amount ing ‘‘or 129’’ and inserting ‘‘, 129, or (1) IN GENERAL.—Subsection (d) of section described in clause (1) of subsection (c) of 134(b)(4)’’. 692 (relating to income taxes of members of such section (as in effect on such date).’’. (c) EFFECTIVE DATE.—The amendments Armed Forces and victims of certain ter- (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable rorist attacks on death) is amended by add- made by this section shall apply to payments years beginning after December 31, 2002. ing at the end the following new paragraph:

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.074 H09PT1 H3002 CONGRESSIONAL RECORD — HOUSE April 9, 2003 ‘‘(5) RELIEF WITH RESPECT TO ASTRO- H.R. 1664 is in its current form vir- our military, and the legislation before NAUTS.—The provisions of this subsection tually, as I said, except for technical us is less generous. shall apply to any astronaut whose death oc- correction, in the same form as H.R. The House bill provides less generous curs while on a space mission, except that eligibility rules for capital gains relief, paragraph (3)(B) shall be applied by using the 1307. There are two modifications that date of the death of the astronaut rather we are adding to this bill based upon and the Senate bill provided unlimited than September 11, 2001.’’. discussions with the Senate so that the deductions for travel expenses of our (2) CONFORMING AMENDMENTS.— good and worthy purposes contained in National Guard members and Reserv- (A) Section 5(b)(1) is amended by inserting this bill which no one has challenged ists, yet the legislation before us im- ‘‘, astronauts,’’ after ‘‘Forces’’. can go to the President for his long- poses a $1,500 cap on those deductions. (B) Section 6013(f)(2)(B) is amended by in- overdue signature. I do not know the logic of us limiting serting ‘‘, astronauts,’’ after ‘‘Forces’’. The two provisions which the Chair the reasonable expenses of our Na- (3) CLERICAL AMENDMENTS.— (A) The heading of section 692 is amended believes, if added to this bill, will ini- tional Guard members, particularly by inserting ‘‘, ASTRONAUTS,’’ after tiate a process in the Senate which will when they have been called upon in ‘‘FORCES’’. move the bill immediately to the floor this most recent conflict. It seems to (B) The item relating to section 692 in the of the Senate; and this version which me that those changes in every case table of sections for part II of subchapter J passes the House, when it passes, will work against our military, and I am of chapter 1 is amended by inserting ‘‘, astro- move through the Senate without the surprised that we are not ratifying the nauts,’’ after ‘‘Forces’’. need for a conference. The two provi- Senate’s bill. (4) EFFECTIVE DATE.—The amendments But the most important difference is made by this subsection shall apply with re- sions that we are adding is that in the spect to any astronaut whose death occurs special rule provided for military per- that the Senate included a provision to after December 31, 2002. sonnel to determine if they have met stop tax avoidance by those who have (b) DEATH BENEFIT RELIEF.— the 24 months out of 5-year residency renounced their citizenship in this (1) IN GENERAL.—Subsection (i) of section to trigger the capital gain exclusion on country, and the legislation before us 101 (relating to certain death benefits) is a home sale, would be extended to today does not include that provision. I amended by adding at the end the following members of the foreign service. would suggest that is probably the new paragraph: Secondly, the underlying benefits of major reason why we are acting on yet ‘‘(4) RELIEF WITH RESPECT TO ASTRO- NAUTS.—The provisions of this subsection the bill, the income and estate tax re- another version of this bill, which is shall apply to any astronaut whose death oc- lief provisions that were provided, for extremely important for us to pass. curs while on a space mission.’’. example, for the victims of terrorism I agree with the chairman on that (2) CLERICAL AMENDMENT.—The heading for in the Tax Relief Act of 2002, would be point, but it seems to me that we are subsection (i) of section 101 is amended by in- extended to astronauts who lose their now faced with the option of providing serting ‘‘OR ASTRONAUTS’’ after ‘‘VICTIMS’’. lives during a space mission; and, of less benefits than we should to our (3) EFFECTIVE DATE.—The amendments course, that would apply to those as- military and losing an opportunity to made by this subsection shall apply to close a major loophole in our Tax Code amounts paid after December 31, 2002, with tronauts who unfortunately lost their respect to deaths occurring after such date. lives during the recent Columbia Shut- for those who renounce their citizen- (c) ESTATE TAX RELIEF.— tle disaster. ship, still taking advantage of U.S. tax (1) IN GENERAL.—Subsection (b) of section Adding those two provisions, which I law. 2201 (defining qualified decedent) is amended do not believe are controversial, to the Mr. Speaker, I reserve the balance of by striking ‘‘and’’ at the end of paragraph underlying bill means we can finally, my time. (1)(B), by striking the period at the end of and long overdue, provide these bene- Mr. THOMAS. Mr. Speaker, I yield paragraph (2) and inserting ‘‘, and’’, and by fits. It means that the history of this myself such time as I may consume. adding at the end the following new para- Mr. Speaker, I have to tell Members graph: bill will be that the House and the Sen- ‘‘(3) any astronaut whose death occurs ate agree, and the President is pre- I think we have come full circle. One of while on a space mission.’’. pared to sign. the reasons there was so much, I as- (2) CLERICAL AMENDMENTS.— Mr. Speaker, I reserve the balance of sume, angst on the other side of the (A) The heading of section 2201 is amended my time. aisle was that at one time the bill con- by inserting ‘‘, DEATHS OF ASTRONAUTS,’’ Mr. CARDIN. Mr. Speaker, I yield tained extraneous material. Now the after ‘‘FORCES’’. myself such time as I may consume. gentleman is complaining that I am (B) The item relating to section 2201 in the Mr. Speaker, I must admit I am not accepting the Senate version of the table of sections for subchapter C of chapter somewhat baffled by the comments of bill which contains, oh, my goodness, 11 is amended by inserting ‘‘, deaths of astronauts,’’ after ‘‘Forces’’. my distinguished chairman. If it is in extraneous material. The gentleman (3) EFFECTIVE DATE.—The amendments the interest of this body to enact legis- knows well that the, quote/unquote, ex- made by this subsection shall apply to es- lation quickly, then we should just traneous material has been contained tates of decedents dying after December 31, take the Senate bill and ratify the Sen- in another bill which is moving on the 2002. ate bill and send it to the President, Senate side and which will become law SEC. 11. PROTECTION OF SOCIAL SECURITY. and we can get it signed. It seems to is a far more appropriate vehicle than The amounts transferred to any trust fund me that is the easiest way for us to this particular measure. under title II of the Social Security Act shall work this out for our military. In addition to that, the extraneous be determined as if this Act (other than this section) had not been enacted. Mr. THOMAS. Mr. Speaker, will the material that the gentlemen insists gentleman yield? that we agree to, coming from the Sen- The SPEAKER pro tempore. Pursu- Mr. CARDIN. I yield to the gen- ant to the rule, the gentleman from ate, is not the solution on the indi- tleman from California. vidual expatriation that our own Joint California (Mr. THOMAS) and the gen- Mr. THOMAS. If the Senate bill were Committee on Taxation recommends is tleman from Maryland (Mr. CARDIN) not flawed in several different ways, each will control 20 minutes. the most appropriate solution. The Chair recognizes the gentleman the suggestion the gentleman makes Mr. CARDIN. Mr. Speaker, will the from California (Mr. THOMAS). would be acceptable. I think it is evi- gentleman yield? Mr. THOMAS. Mr. Speaker, I yield dence that even the Senate recognizes Mr. THOMAS. I yield to the gen- myself such time as I may consume. some fundamental problems when they tleman from Maryland. Mr. Speaker, I am a firm believer are willing to accept a bill that we are Mr. CARDIN. Mr. Speaker, I do not that no bill should pass this House going to send over, rather than going think that it is ever extraneous to try until it is ready. I am prepared to tell to a conference. to offset the cost of the bill, and that the House this bill is more than ready. Mr. CARDIN. Mr. Speaker, I appre- is the reason this provision was put in, It passed twice last year, and the Sen- ciate the gentleman’s comments, but so we do not add to the deficit. ate failed to act. As recently as March the differences here in substance be- Mr. THOMAS. Mr. Speaker, I must 20 of this year, the bill, in its current tween what we will be voting on and tell the gentleman that offsetting costs form save a technical correction, what the other body has voted on is with extraneous material is one thing; passed as H.R. 1307. That vote was 422– that the Senate provided unlimited ex- accepting a solution which our com- 0. clusions for death benefits payable to mittee that we utilize to recommend

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.074 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3003 appropriate changes does not believe is What kind of statement is that to nate the penalty on military academy the appropriate exchange is another. our troops overseas that this Congress students and their families when it The gentleman also pointed out two will not close the loophole that lets comes to withdrawing funds from a 529 differences between the House and the somebody drop their citizenship in education savings account. The Miesses Senate bill, and it is true. I understand order to avoid their taxes? If that is of Plano brought that to my attention. the gentleman and where his party is not folly at a time when our deficit is Now the Plebe, the Zoomie, and the coming from. They do not see a prob- $400 billion this year and going up and Middy will all have the same benefit of lem with absolute, open-ended, unlim- we expect the young men and women being able to take out money tax free ited ability to write off expenses. That who are over in Iraq to sacrifice for us like an athlete on a scholarship. is just very, very typical. but we will sacrifice in terms of tax- This is a good bill. This bill is a shin- What we have accepted, by the Sen- ation even on people who are giving up ing example of democracy at its best, ate, are reasonable and appropriate their citizenship, there is something in my opinion. It helps our military limits. Whenever the phrase ‘‘reason- really weird about this bill. And I cer- now, and they need it; and they are able and appropriate’’ is used, the tainly know that everybody is going to doing a great job. counterargument always seems to be vote for it. Mrs. JONES of Ohio. Mr. Speaker, I rise to unlimited. The Senate thinks it is ap- What is also strange is they say we recognize the passage of S. 351, the United propriate to accept a reasonable and are going to give the tax benefit to the States Senate version of H.R. 1307, as well appropriate, and so do we. soldiers and those people, the Marines as what is presented before us at this hour. Mr. Speaker, I ask unanimous con- and whatnot, give it to the State De- The new House bill for the Armed Forces Tax sent to yield the balance of my time to partment; but when we offered an Fairness Act of 2003, and the Senate amend- the gentleman from Texas (Mr. SAM amendment in the House committee ment to H.R. 1307, contained several identical JOHNSON) and that he may control that for people in the Peace Corps who are provisions. Those identical provisions include time. out there risking themselves for the exclusion for amounts received under the De- The SPEAKER pro tempore. Is there United States, they say no. No, not fense Homeowners Assistance Program. Ex- objection to the request of the gen- them. pansion of combat zone filing rules, modifica- tleman from California? Let us talk about people who are tion of membership requirements for veterans There was no objection. doing a service to this country, which organizations, clarification of treatment of de- is what this is all about; and yet fi- pendent care benefits, treatment of service b 1815 nally we come out here and of course it academy appointments for certain tax benefits, Mr. CARDIN. Mr. Speaker, I yield is almost the day we pay our taxes. So and tax relief for the families of the Columbia myself such time as I may consume. every year for the last 8 years we have space shuttle astronauts. Let me first point out to my distin- always had the April 15 tax follies, and The new House bill provides smaller tax guished chairman that business people this is act one and will be followed by benefits for the military. Both bills provide an have no limit in the Tax Code as to act two, which we will get to in a few exclusion from gross income for death bene- what they can take on their travel ex- minutes. But this is a bill that we fits. However, the House bill would tax in- penses, and yet we are telling our Na- should have accepted the other body’s creased death benefits to the extent that they tional Guard that there is going to be construction. It is more generous, and were the result of legislation enacted after De- a limit as to how much they can take it closes an egregious tax loophole. cember 31, 1991. The Senate bill does not on their taxes for travel expenses. Mr. CARDIN. Mr. Speaker, I yield have that restriction. Mr. Speaker, I yield such time as he back the balance of my time. Both bills provide more liberal treatment for may consume to the gentleman from Mr. SAM JOHNSON of Texas. Mr. gain on sale of principal residence by mem- Washington (Mr. MCDERMOTT), a dis- Speaker, I yield myself such time as I bers of the military and foreign service. How- tinguished member of our committee. may consume. ever, the Senate bill provides the benefits for I would like to say that I too rise in Mr. MCDERMOTT. Mr. Speaker, I a longer period. A 10-year extension rather strong support of the Armed Forces thank the gentleman from Maryland than a 5-year extension. Tax Fairness Act of 2003, and today’s Both bills provide an above the line deduc- (Mr. CARDIN) for yielding me this time. bill goes to great lengths to help our It is really an honor to have a part in tion for overnight travel expenses of National brave military men and women and another example of the Republican tax Guard and reserve members. However, the their families despite what has been follies. This bill could have been passed House bill limits the deduction to $1,500 per said out there. weeks and weeks and weeks ago. As we year, whereas the Senate bill provides no dol- I had the distinct honor of serving lar limit on the deduction. celebrate and are grateful for the fact my country in the Air Force for about The Senate bill contains a provision sus- that the war seems to be winding down 29 years. So my family and I know pending tax-exempt status for terrorist organi- in Iraq, the people who have been over something about military life. And my zations. The House bill contains no such pro- there, we have been trying to do this wife, Shirley, told me that one her vision. for them for about, I do not know, 3 or worst moments was when the military Furthermore, the cost of the Senate bill is 4 or 5 months. First the bill got over in chaplain pulled up in front of the house offset, with the largest offset being a provision the committee, and we had to add on after I was shot down in Vietnam, and preventing tax avoidance by individuals re- fishing tackle and a whole bunch of her heart just stopped. We never know nouncing their citizenship in this country. For other stuff, and that did not work out what they are going to say, but we military death benefits, under current law, a here. So it had to go back and come know it is not going to be good. $6,000 death gratuity is paid to the survivors back on a rule, and now it has gone I imagine the unspeakable horror of of members of the Armed Forces killed in the over to the Senate. They have more despair and utmost despair of a family line of duty. This death benefit was increased generous provisions. There is just no who just lost a loved one in the mili- from $3,000 to $6,000 in 1991 during the Per- question about it. And they also added tary, only to be followed up by a visit sian Gulf War. Prior to the increase, the entire this provision that would make it a lit- from the taxman. That is just wrong. benefit was tax-free; however, because the tle bit more difficult for people who So this bill fixes that. Let us change it Tax Code was not changed to reflect the 1991 want to avoid taxes to leave this coun- and pass it today. increase, only the first $3,000 is currently ex- try, to give up their citizenship. At a This bill permits the entire amount empt from Federal tax. time when this country ought to be of the death benefit gratuity to be tax Let us—Republicans and Democrats—work thinking about sacrifice because we free. Let us eliminate the unfair, im- to pass a measure that we all can find com- have asked men and women to sacrifice moral tax on the death benefit a serv- mon ground. Our U.S. Senators have found a their lives for us, we have people leav- iceman’s survivor receives from the way to pass an effective measure for the ing this country saying I do not like Armed Forces. It is the least we can do. Armed Forces Tax Fairness Act, let us do the this country. I have made a whole These families have given the ultimate same. bunch of money here, but I do not want sacrifice for our country. We do not Mr. Speaker, I yield back the balance of my to pay any taxes; so I am leaving. And need to take any more from them. time. we let them get out of paying taxes for On a more positive note, I would like Ms. JACKSON-LEE of Texas. Mr. Speaker, that. to thank all those who helped elimi- I rise today to express my support of H.R.

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 9920 E:\CR\FM\K09AP7.114 H09PT1 H3004 CONGRESSIONAL RECORD — HOUSE April 9, 2003 1664, the Armed Forces Tax Fairness Act of our officers and enlisted soldiers in the armed mestic economy, drives businesses to con- 2003. It has been long overdue that we pro- forces. sider moving investment and jobs to foreign vide real relief to the men and women who Now more than ever, it’s important to sup- locations, and disadvantages domestically port America’s top-notch armed forces. I’ve al- produced goods and services in international serve in our armed forces. Many of the mem- markets; bers of the military are minorities, and this bill ways believed that in order for Americans to Whereas the Code disincentivizes work, will help many in my own 18th Congressional enjoy the freedom that characterizes our coun- savings, and investment by individuals and District in Houston. More than 200,000 troops try, and for Texans to be able to fully enjoy families; are now being employed to the Persian Gulf. the natural beauty and resources of our state, Whereas the Code is riddled with decades of In Houston, many soldiers have been called it is crucial for the citizens of the nation and loopholes, special interest exemptions, and upon to serve on the front lines. our state to feel safe. contradictions which make the Code con- This bill includes tax benefits for the families To achieve this goal, it’s vital that we keep fusing, costly, and unfair; of astronauts who die in the line of duty, in- America’s armed forces strong. Throughout Whereas the Department of the Treasury the years, I’ve fought for funding to constantly estimates that approximately $70,000,000,000 cluding those of the space shuttle Columbia. It in taxable income remains untaxed in off- provides National Guard and reservists with a improve the quality of defense-related activi- shore accounts; tax deduction of up to $1,500 for transpor- ties in my state of Texas. Whereas on April 13, 2000, the House of tation, meals and lodging to attend required The importance of national defense is in- Representatives passed, by a vote of 229 yeas meetings. This bill also makes tax-free the full creasing every day, and I will continue to sup- and 187 nays, House Resolution 4199, calling $6,000 death gratuity paid to survivors of port our armed forces—they are the young for replacement of the Internal Revenue members of the armed forces killed in the line men and women on the front lines who are Code not later than December 31, 2004; and of duty. The measure also exempts from tax- called to sacrifice for this great nation and to Whereas the most recent Economic Report of the President states that ‘‘the current tax able income amounts received under the De- preserve our Constitutional protections and liberties. system also causes households and busi- partment of Defense’s Homeowners Assist- nesses to rearrange their affairs in a number ance Program, which provides payments to I urge my colleagues to support this bill. of ways that make poor use of economic re- certain employees and members of the armed Thank you. sources, leading to substantial economic forces to offset the adverse effects on housing Mr. SAM JOHNSON of Texas. Mr. waste and, ultimately, reducing real in- values resulting from military base realignment Speaker, I yield back the balance of comes’’: Now, therefore, be it or closure. my time. Resolved by the House of Representatives (the The bill also provides National Guard and The SPEAKER pro tempore (Mr. Senate concurring), That the Congress— (1) encourages and supports a national de- reserve members as ‘‘above-the-line’’ tax de- BASS). The question is on the motion offered by the gentleman from Cali- bate on fundamental reform of the Internal duction, that is, taken directly from gross in- Revenue Code of 1986; fornia (Mr. THOMAS) that the House come before any itemized or standard deduc- (2) agrees with the most recent Economic tions for overnight transportation, meals and suspend the rules and pass the bill, Report of the President which identifies re- lodging expenses for member who travel more H.R. 1664. ducing complexity, improving economic in- The question was taken; and (two- than 100 miles from home to attend National centives, and achieving fairness, as key ob- thirds having voted in favor thereof) Guard and Reserve meetings. Under this bill, jectives of fundamentally reforming such the rules were suspended and the bill a member could deduct up to $1,500 in con- Code; and was passed. (3) as part of this national debate, will nection with their service. A motion to reconsider was laid on begin a series of hearings to examine the I am pleased that this bill waives income tax the table. case for, and the possible options for, funda- liability for the year of death and the year prior mental reform of such Code. f to death for astronauts who die in the line of The SPEAKER pro tempore. Pursu- duty. EXPRESSING SENSE OF CONGRESS ant to the rule, the gentleman from Under current law, the time for filing tax re- REGARDING REFORM OF INTER- California (Mr. THOMAS) and the gen- turns, paying taxes and other Internal Rev- NAL REVENUE CODE tleman from Washington (Mr. enue Service requirements is generally sus- Mr. THOMAS. Mr. Speaker, I move to MCDERMOTT) each will control 20 min- pended for anyone serving in a combat zone suspend the rules and agree to the con- utes. during the period of combatant activities. This current resolution (H. Con. Res. 141) ex- The Chair recognizes the gentleman bill applies the suspension of tax-filing rules to pressing the sense of the Congress that from California (Mr. THOMAS). person deployed outside the United States the Internal Revenue Code of 1986 Mr. THOMAS. Mr. Speaker, I yield away from their permanent duty station while should be fundamentally reformed to my time to the gentleman from Geor- participating in an operation designated by the be fairer, simpler, and less costly and gia (Mr. KINGSTON), sponsor of the con- Defense secretary as a ‘‘contingency oper- to encourage economic growth, indi- current resolution, and ask unanimous ation’’ or that becomes a contingency oper- vidual liberty, and investment in consent that the gentleman from Geor- ation. This is defined as a military operation American jobs. gia control the balance of the time. designated by the Defense secretary as one in The Clerk read as follows: The SPEAKER pro tempore. Is there which members of the armed forces are, or H. CON. RES. 141 objection to the request of the gen- may become, involved in military actions, op- Whereas the Internal Revenue Code of 1986 tleman from California? erations or hostilities against an enemy of the is overly complex, and imposes significant There was no objection. United States. This provision will help our burdens on individuals, businesses, and the Mr. KINGSTON. Mr. Speaker, I yield armed forces serving in Iraq. economy; myself such time as I may consume. This legislation provides tax relief to the Whereas the complexity of the Internal I rise today as millions of Americans members of our military. Our soldiers are on Revenue Code of 1986 makes the Code ex- are spending billions of dollars and frontlines, and now as the war with Iraq con- tremely difficult and costly to administer countless hours trying to comply with tinues, we are calling upon these men and and to comply with; the monster we call the IRS code. We women to make even greater sacrifices. This Whereas recent reports estimate that 1 in all know it is that time of year when 4 Americans are out of compliance with the we should have done what we promised bill represents a compromise between the Code and that the Internal Revenue Service House and Senate versions in order to avoid provides the wrong answer nearly half the last year, that we would even do it in a conference. I support this legislation to pro- time through its telephone information pro- mid-January; but somehow all the stuff vide immediate tax relief to the members of gram; that we need did not come in the mail, our armed forces and our veterans. Whereas in 2001 the Internal Revenue Serv- the dividend accounts and all the data Studies have shown pay rates in the military ice spent $8,900,000,000 to administer the cur- that we need, and we know we are sup- consistently lag behind comparable jobs in the rent system while American taxpayers spent posed to put it together, but we just do private sector. I believe that this legislation an estimated $135,000,000,000 and 3,000,000,000 not do it. So we postpone it. And now would help military families as they struggle hours, more than a full day for each return, here we are almost on April 15, that to comply; like so many to pay basic expenses. Whereas the Code imposes multiple layers dreaded day on the American calendar The provisions in this legislation would proof taxation and hides the true cost of taxes that we all have to pay our income tax, vide tax breaks on home sales, travel ex- in the price of goods and service; and we just cannot stand it. penses, and death benefits. We have ample Whereas the Code penalizes investment, So all over the country right now tax benefits for corporations, it is time to help discourages the flow of capital into our do- people who would rather be doing other

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.077 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3005 things are trying to figure out how with the tax laws. The facts are that entire IRS and all the Internal Rev- much do I owe my favorite Uncle Sam. wage earners, the ordinary citizens of enue Code and replace it with a simple, And they are sitting around trying to this country, 98 percent of their income straightforward retail sales tax. fill out these forms, and they cannot do is reported and 85 percent are in com- We have spent $22 million in the last it, and so many times they have to go plete compliance with the law. The 7 years with economic and market re- to an accountant or a lawyer to get former IRS Commissioner, Mr. search, and a study out of Harvard opinions, and it is even said often when Rossotti, said in his departure speech, says, Dale Jorgenson, who was at the one goes to two or three different ac- the most serious noncompliance areas time the head of the Economics De- countants or lawyers and give them are promoters of tax schemes of all va- partment at Harvard, concluded that, their tax information, usually they rieties, the misuse of devices such as on average, 22 percent of what you pay will come up with a different number trusts and offshore accounts to hide or for at retail is embedded costs to the which one needs to pay. So that is con- improperly reduce income. current code, which is to say you pay fusion even on the experts’ part. The average guy working in an auto- every company that has touched that But in 2001 the American taxpayer mobile plant is not setting up a trust, product, their payroll taxes, their in- spent over $135 billion just trying to does not have any money invested off- come taxes and their accountants and comply. I want Members of Congress to shore. He is not using abusive cor- attorneys to avoid the taxes. think for a minute what would we do if porate tax structures. He is not under- It has been estimated that in 2001 we had another $135 billion in the budg- reporting, as high-income people do, Americans spent $250 billion just com- et that we could use for education or and the accumulation of failure to file plying with the code, and that was only for Medicare, for health care, for the and pay a large amount of employment the estimate of the man-hours it would war effort, for rebuilding Iraq or Af- taxes, these are the people who are not take to fill out the paperwork. That ghanistan or so many other things. The in compliance with the law. The aver- did not include the tens or maybe hun- irony is it is certainly not our money. age taxpayer has been waiting for that dreds of billions of dollars that cor- It is the taxpayers’ money, and we taxpayers’ bill of rights they have been porate America spent just calculating would not even be entitled to that promising them. And of course the Re- the tax implications of a business deci- money. It would be $135 billion in the publicans fell to fight among them- sion. And in 2001, after spending a couple of hundred billion dollars com- economy that consumers would con- selves upon that issue; so they could plying with the code, corporate Amer- trol; but, instead, it is, in fact, a hid- not even bring that out here. They ica sent in to the government $187 bil- den tax because if I have to spend $200 have been promising it for weeks and lion. This is not an efficient system for or $300 on an accountant figuring out weeks and weeks, and it ought to come gathering revenues. what I owe Uncle Sam, then that $200 out. April 15 is almost here. But, no, We need to start with a truth: There or $300 is a mandatory payment of they are going to bring this foolishness is not a mechanism for a business to taxes. out here. pay a bill other than through price. We spend over 3 billion hours filling This reminds me of that story of the The only way to pay the light bill, the out form. That is 1 full day for every Methodist minister who was sick and labor bill and the tax bill is through single tax return. I was giving a speech they had a board of deacons meeting price, and your customers pay it; and the other week to a leadership Georgia come together and they had a long dis- the only taxpayers in the world are group about volunteerism and was cussion about what they should do consumers, who actually consume the proud to report that there are some- about the minister’s illness. Finally, product and all the embedded costs thing like 94 million Americans who by a vote of four to three with 25 ab- therein. volunteer 4 hours a week, and it is stentions, they voted to write a letter So if we have a price system that has worth millions and millions of dollars to the minister urging him to get well. a tax component that is 22 percent of and billions of dollars to the economy This is a get-well letter to the tax the price system, we ought to fix it. If if we figure it at $14 an hour. But the structure from the people who make it you abolish the code and replace it reality is these 3 billion hours do not complicated. with an embedded 23 percent, your cost help children. They do not help drop- Why do you not stop putting this of living goes up 1 percent, but you get outs. They do not help confused preg- nonsense out here? We have had Speak- to keep your whole check. Nothing is nant teenagers. They do not help sen- er and Committee on Ways and Means taken out for payroll taxes or income ior citizens and all the other groups chairman after Speaker and Com- taxes, and every American becomes a who could use some volunteer labor. It mittee on Ways and Means chairman volunteer taxpayer, paying taxes when just goes to Uncle Sam. The IRS itself talk about the fact that we are going they choose, as much as they choose, spent $10 billion just trying to enforce to have a simpler tax structure. I re- by how they choose to spend. this very complicated system. member Mr. Armey, we are going to We also have a provision in the bill Mr. Speaker, I reserve the balance of pull it up by the roots. You have never that would rebate to every household, my time. put a single bill out here. Eight years rich or poor, we are not going to know Mr. MCDERMOTT. Mr. Speaker, I of talking and sending these letters how rich they are, we are not going to yield myself such time as I may con- urging the tax structure to get well. have that number; it would rebate to sume. Come on, guys. Let us stop this non- every household a check at the begin- This is, as I said, the second act in sense. ning of every month sufficient to re- the Republican tax follies. This is the Mr. Speaker, I reserve the balance of bate the entire tax consequences of one that is the longest-playing act in my time. spending up to the poverty line. For a this town. They have been talking b 1830 household of one, that is $9,500 a year. about tax simplification since they For a household of six, it is about took over. Since 1997 to today, they Mr. KINGSTON. Mr. Speaker, in the $30,000 a year, which is to say, a house- have added 293 Tax Code provisions spirit of what my friend from Wash- hold of six could spend $30,000 with no that required 515 rule changes, that ev- ington had requested, I yield such time tax costs at all. erybody has to understand they have as he may consume to the gentleman If you get the tax component out of added 2 hours to filling out their tax from Georgia (Mr. LINDER), to explain a the price system, you increase the pur- form every year. By 2010 there are solution to the problems of the onerous chasing power of everyone at or below going to be 35 million people who are Tax Code. the poverty line by 22 percent. going to have to figure their tax twice Mr. LINDER. Mr. Speaker, there is What will happen to our economy? because of the alternative minimum simply no doubt that what we are talk- We have studies that say the exports tax. So these are the people who say we ing about is follies, but the follies are go up 26 percent in the first year. We want tax simplification, and they come a 45,000-page Tax Code. The Internal have studies that say capital spending out here every year and add more com- Revenue Code has made criminals of us goes up 78 percent in the first year. We plexity to this whole business. all, and it is time for it to go away. know a study taken from 1945 to 1995 I read this resolution. It says one out There is a bill replacing the current shows that real take-home wages in- of four taxpayers are not in compliance code, H.R. 25, that would abolish the creases in exact correspondence with

VerDate Jan 31 2003 05:12 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.119 H09PT1 H3006 CONGRESSIONAL RECORD — HOUSE April 9, 2003 increases in capital spending, because cial Security in 13 years by doubling cranking out a press release for April it makes them more productive and the revenues to those categories by 15. When you listen to these folks, they they get to take home the money. just doubling the size of the economy. talk about changing the Tax Code. When Bill Archer was here and Last, let me say to my liberal They have now been in charge since chairing the Committee on Ways and friends, this is a tax on accumulated 1994. We are no closer to changing the Means, he had cited many times a wealth. You ought to love this. Be- Tax Code today than we were in 1994. study done by Princeton Econometrics cause if you paid taxes on the money But we were told we were going to pull of 500 European and Japanese inter- you earned and you paid taxes on the the Tax Code up by its roots, we were national firms, and the question was capital gains when you sold the busi- going to drive a stake into the heart of asked to their leadership, what would ness and you paid taxes on the interest the Tax Code, we were all going to a you do in your long-term planning if you earned, we are going to tax you long funeral procession for the Tax America eliminated all taxes on cap- one more time when you spend it. Code. ital and labor and taxed only personal Last, to those who have accumulated Well, this resolution today is like consumption? Eighty percent said they wealth, it is simply this: You are al- their commitment to term limits: You would build their next plant in the ready paying this. It is just hidden. hope that the public is not watching, United States. Twenty percent said You are already paying this tax. Let us and you change your position on the they would relocate to the United make it honest. Let us have a tax sys- issue. States. tem that is fair, that is understand- We have an opportunity to do some- We have been bickering about compa- able, that is voluntary, that is neutral thing real about the Tax Code, and we nies relocating their mailboxes over- between industries, neutral between could do it tomorrow, and everybody seas to save taxes. Some years ago we businesses and neutral at the border. on the other side knows it, because I complained about rich people moving The fair tax does it, and this is a great share their late-stated interest in clos- to Ireland and giving up their citizen- opportunity to talk about it. ing tax loopholes. ship. Those people would be flocking to Mr. MCDERMOTT. Mr. Speaker, I I filed a bill last year that would our shores. We would have a problem yield myself such time as I may con- close the most egregious tax loophole finding workers for all the manufac- sume. that confronts the American people, Mr. Speaker, before I yield to my col- turing jobs. and that is for those U.S. corporations It is time for us to take a hard look league from Massachusetts, I would who claim their headquarters are real- at what we have created. The tax we point out that the gentleman from ly in Bermuda so they can avoid paying have today is the flat tax on incomes, Georgia has introduced a bill called the U.S. income taxes. Well, my bill has languished for a 90 years later. It started out at a single Fair Tax Act. We submitted it to the whole year despite the fact we have rate on the upper 2 percent, and look Joint Committee on Taxation, that is a had 186 signatures last year on a dis- what it has become. joint House and Senate committee, ev- charge petition, 125 bipartisan signa- We ought not worry about punishing erybody agrees that it is balanced, tures this year on the bill, and they do people who are successful. They are Democrats and Republicans and all not seem to think that there is any going to spend more money and they that sort of thing, and they came up with the fact that this flat tax that we speed with which they can act. are going to pay their share. The single Let me give a few names tonight. biggest reason people escape the Tax are talking about here, the rate would have to be at 59.5 percent. Here are some of the corporate expatri- Code is bankruptcies, and quite frank- ates who are taking advantage of the ly, they can still bankrupt. But if they That means if you buy a Coke, suddenly the Coke is $1.60. If you buy a Bermuda loophole: Tyco, they avoid buy a loaf of bread, they are going to paying $400 million a year in U.S. pay for their share of government. hamburger and it is $2, you are going to have to pay $3.20 for that ham- taxes; Ingersoll-Rand, $40 million a We do not know how large the under- year in U.S. taxes, and by the way, ground economy is. We simply do not burger. This goes onto health care, this goes onto pharmaceuticals, it goes walk outside and see the machinery know. But if you want to see it, go to that says Ingersoll-Rand on it, where your regional banker any Friday after- onto everything, not just things you just choose; that is, everything you they win contracts with the Federal noon at 4 o’clock and watch the con- Government while our troops are over- tractor come out and pay off his subs buy, you have to pay 60 percent taxes. Mr. LINDER. Mr. Speaker, will the seas in Iraq, and they will not pay their in cash, and every banker in America gentleman yield? fair share of income taxes while they will come out and shake his head and Mr. MCDERMOTT. I yield to the gen- win these contracts; Cooper Industries, agree with that. tleman from Georgia. $55 million a year in U.S. taxes they This simplified, voluntary tax system Mr. LINDER. Mr. Speaker, would the avoid. How about Weatherford, $40 mil- would raise the same revenues as the gentleman admit that the Joint Tax lion a year in U.S. taxes? current system, but more important Committee made presumptions and as- The Joint Tax Committee scored my than anything else, it would make sumptions that the bill would not pass proposal. We save $4 billion over 10 every taxpayer a voluntary taxpayer, as written, and so they changed it to years if they would enact an oppor- and it would give every American in a the way they thought it would pass and tunity to close the Bermuda tax loop- free society the privilege of anonym- changed the numbers entirely? hole. ity. No one should know as much about Mr. MCDERMOTT. Mr. Speaker, re- We hear the majority tonight that is us as we know about the American citi- claiming my time, no, I would not concerned about a code that is riddled zens. No one should know that. admit that at all. This is the letter with decades of loopholes, but we can- So this is not pie in the sky. There is they put out, and they are standing by not close this one? a proposal that would replace the cur- this. We are going to vote tomorrow on an rent system. It has been looked at by Mr. LINDER. They also presumed the energy bill which cleverly includes a economists all over the country. It has bill would not pass as written. protection for a loophole. I mentioned been looked at by people in the last ad- Mr. MCDERMOTT. Mr. Speaker, re- earlier there are many who exploit this ministration favorably and in the cur- claiming my time, I know, you fired $4 billion loophole, but in fact, tomor- rent administration favorably, and we the lady that wrote this. You got rid of row, in that energy bill, they are going just need to take the huge step to her. So I know that that is probably to grandfather a whole element that is make it happen. why you got rid of her. left, and they think they are doing it To those who are concerned about Mr. Speaker, I yield such time as he in the disguise of tax reform. who pays, the rich or poor, let me say may consume to the gentleman from The Treasury Department estimates that the bill that is going to come due Massachusetts (Mr. NEAL). that $70 billion a year in taxable in- on the young working generation is the Mr. NEAL of Massachusetts. Mr. come remains untaxed in offshore ac- payroll tax. It is going to eat up work- Speaker, I thank the gentleman for counts. Sound familiar? Of course, this ing America, and this fixes that. It re- yielding me time. is what I and 125 Members of this body moves the payroll tax and collects the Mr. Speaker, I do not know if this is think we should be addressing. But in- money out of the sales tax. It saves So- more this evening about amnesia or stead we get a meaningless resolution

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.121 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3007 and a bill to cement the loophole into lution, and I urge my colleagues to Revenue Code. Every time we called law on the same day. Oddly enough, support it. him, it cost us thousands and thou- one of those expatriates, by the way, Mr. MCDERMOTT. Mr. Speaker, I sands of dollars. Instead of paying and listen to this one, listen to this yield 2 minutes to the gentlewoman those thousands of dollars to Gerry one, they currently hold a $50 million from Cleveland, Ohio (Mrs. JONES). Shivers, we could have been investing contract with the IRS to help the IRS Mrs. JONES of Ohio. Mr. Speaker, I in new equipment, we could have been collect taxes from the rest of us. would like to thank the gentleman for investing in research and development, Mr. Speaker, the American taxpayer yielding me this time, and I thank him we could have been investing in our deserves better. There is no reason on for the opportunity to be heard on this markets, and we could have been cre- Earth why that Bermuda tax bill is not issue. ating jobs. on this floor in front of the American Mr. Speaker, today in our hearing be- So, Mr. Speaker, it is time that we people for an up-or-down vote. fore the Committee on Ways and give Gerry Shivers a new job. It is time I would suggest this to you tonight: Means, one of the speakers said, Well, that this very intelligent man has a If they put that bill on the floor, there what are you talking about? The Con- more productive life in our economy. It will be a rampage to get to the well to gress is the board of directors. If the is time to simplify the Tax Code that vote for this measure, and there will be Congress wanted to change the law, the no one truly can understand and com- at least 300 votes in this House if the Congress could do so. In fact, he said, prehend, and it is time to put the bil- Republican leadership would let the we could change the health care issues; lions and billions of dollars we spend bill come up. we could change the Medicare pro- every year on these costs to building Close the Bermuda tax loophole. grams. So I am asking the question, our economy and creating jobs. Mr. KINGSTON. Mr. Speaker, I yield Why, if we are the board of directors, Mr. MCDERMOTT. Mr. Speaker, I myself such time as I may consume. are we ‘‘expressing the sense of Con- yield 2 minutes to the gentleman from Mr. Speaker, I just want to say, if we gress’’ instead of doing the job of Con- California (Mr. SHERMAN). could get rid of the current Tax Code, gress and making a change? Mr. SHERMAN. Mr. Speaker, I was we could get all those companies back. Mr. Speaker, I am clear that my con- just down here because the next bill is Mr. Speaker, I yield 3 minutes to the stituents would say to me, keep the one I am managing dealing with Cy- gentleman from Texas (Mr. DELAY), ‘‘sense,’’ meaning S-E-N-S-E, and give prus and international relations; but in the distinguished majority leader. me a prescription drug benefit for sen- a former life, I headed the second larg- Mr. DELAY. Mr. Speaker, I might say ior citizens. Keep the ‘‘sense’’ and fund est tax agency in the country, and that to the gentleman from Massachusetts, No Child Left Behind. Keep the ‘‘sense’’ is why I thank the gentleman from that he is making our case for us. The and improve our economy. Keep the Washington for yielding me this time reason that all these companies are ‘‘sense’’ and maybe all the money that this evening. leaving our shores is because the Inter- we are talking about that is collected This resolution calls for a funda- nal Revenue Code is unfair, it is incom- by the IRS could, in fact, pay for the mental review of our tax system; but prehensible, it is broken, and it needs war in Iraq, pay for the fact that there no speaker has mentioned the most un- to be fixed. are seniors out there who need a pre- fair, egregious, and unproductive tax of scription drug benefit, pay for the fact all, and that is the debt tax. Tomor- b 1845 that their children, the best invest- row, we will bring to this floor a budg- Since 1955, the text of the Internal ment we can make in this country that et resolution which will put us on tar- Revenue Code has increased 472 percent will pay for generations and genera- get and may even be honest enough to to nearly 1 million words. The Code tions and generations, we ought to do express this in exact numbers, to tell costs almost $9 billion for the IRS to that. us that we are on target for an $11 tril- administer, and it costs Americans I want to respond just on one thing. lion Federal debt. Imagine the effect more than 5 billion hours and $244 bil- I have been a vocal advocate for not al- that has on our economy. Imagine the lion just to comply with it. lowing the dividend tax cut, and the effect that has on interest rates and on For some perspective, let us consider reason I have been an advocate is be- what our children will be paying one those numbers amount to 2.7 million cause the dividend tax cut will have a way or another. Surely we should close people or five full congressional dis- significant impact on low-income hous- the Bermuda loophole. tricts working full-time just to fill out ing. And while we are talking about But what concerned me most was the paperwork for the IRS. It taxes in- low-income housing, keep the ‘‘sense’’ when the majority leader himself came come when it is earned, spent, in- and build enough housing so people down here and addressed the issue of vested, and even after death when it is can, in fact, have a safe place to live in those U.S. corporations that want to left to loved ones. All of these factors a decent neighborhood with their fami- contract and do business with our Fed- slow down our economy, wasting the lies. eral Government while renting a hotel valuable time of the American people. Mr. KINGSTON. Mr. Speaker, it is room in the Cayman Islands and claim- In short, our Tax Code is a giant, my proud opportunity to introduce the ing to live there. He came here to jus- ugly mess that only a jumble of law- gentleman from Indiana (Mr. CHOCOLA), tify and protect and court and woo yers, politicians, bureaucrats, and com- and I yield 2 minutes to him. He is one those tax trader corporations back to mittees could love. of our distinguished freshman Mem- the United States with a plan; and that We need a tax system that is fair and bers. plan, as the gentleman, I believe from supportive of American workers and Mr. CHOCOLA. Mr. Speaker, I thank Washington, pointed out is to tell one that does not penalize people for the gentleman for yielding me this working people that when they buy a $1 working hard and saving for their fam- time. can of cola, they should pay an extra 60 ily’s future. Mr. Speaker, I came to Congress from cents so that the corporations do not We have taken important steps with the business world; and I would like to have to pay anything so that they can the tax bills we have passed over the share briefly a real life experience, a come back from the Cayman Islands. I past 2 years, or over the past 8 years. real life story on the implications of welcome in depth congressional hear- We can take another this year by pass- our Tax Code. The smartest person I ings on such proposals. ing the President’s proposal, including ever met in my business career was a Mr. KINGSTON. Mr. Speaker, I yield an end to the unfair double taxation of man named Gerry Shivers. Gerry Shiv- 2 minutes to the gentleman from Texas dividends. ers is an accountant. He works for a (Mr. BURGESS). This commonsense move would sim- big accounting firm in New York, and Mr. BURGESS. Mr. Speaker, I thank plify the law and bring us closer to re- every time our business ever even the gentleman from Georgia for yield- forming the Tax Code once and for all, thought about entering into a trans- ing me this time. and I look forward to working with my action of any kind, we would have to Mr. Speaker, Albert Einstein once colleagues to finish the job. call Gerry Shivers up on the phone and said, ‘‘The hardest thing in the world I just want to thank the gentleman ask him, how do we comply with the to understand is the income tax.’’ If we from Georgia for introducing this reso- more than 17,000 pages in our Internal look at today’s Tax Code, it is easy to

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.123 H09PT1 H3008 CONGRESSIONAL RECORD — HOUSE April 9, 2003 see his genius. The cost of the current bunch of things; they do not have any me explain what these charts do in a income tax system in both time and choice whatsoever. So they have to pay second. dollars is just too high. the tax. Rich people, well, of course, We are here to talk about tax reform. Consider this: each year Americans they have to buy food and gas and med- We are here to talk about, can we have spend 6.1 billion hours preparing their ical care and whatnot; but all of the a better way of raising revenue for the tax forms, and businesses spend 800 rest of the money they earn, they do government without doing so much million hours complying with the Tax not pay any taxes under that kind of a harm and damage to our economy, to Code. In 2001 alone, Americans lost $183 structure. That is not fair. Everybody the daily lives of individuals and to the billion in opportunity costs which were knows it. That is why we can never businesses and job creation in this calculated at $30 an hour. Those are bring that thing out here seriously and economy. costs that people spend working on debate it on the floor. You would get There is an issue that is also impor- taxes instead of working on money-pro- eaten alive in the press when the tant, not only to mention the fact that ducing activities for themselves. American people figured out what you our Tax Code consumes so many hours Two-thirds of Americans think the are talking about. of preparation, wastes so many trees, income tax system is too complex. We I know what my colleagues are doing and the fact that it is just so large; but need a simpler system for all Ameri- today; they are really laying the it also inhibits our competitiveness cans to understand. Taxpayer phone groundwork for their press releases. We globally. Where we work on the Com- calls to the IRS help line doubled dur- will all leave in a couple of days and mittee on Ways and Means, we are ex- ing the 1990s from 56 million to 111 mil- you all have to have your April 15 press periencing this on a day-to-day basis. lion, even though the number of tax- release: ‘‘I voted to change the unfair But the point that I want to make payers only grew by 12 percent. tax structure. I was working in Wash- here today, the reason we need to re- The Federal tax rules are over 45,000 ington all last week trying to change form our Tax Code is not just to make pages in length, which is double the the unfair tax structure that is bur- it easier for people to keep more of the number of pages since the 1970s, includ- dening my constituents’’ and other sil- money they earn, but to make it sim- ing the full Tax Code, the IRS rules liness that will be in the papers. pler, to make our Tax Code less puni- and regulations, and tax court rulings. This is not going to do anything, ev- tive. The average taxpayer spends over erybody knows it will not do anything, Let us take it for a fact, the Tax $1,800 per household in compliance and it is not going to make anybody do Code punishes all the qualities that costs. In other words, that taxpayer anything. We are just sending another make America great. It penalizes us if must work 6 days per year just to pay letter to the minister telling him to we get married, it penalizes us if we for the cost of preparing his or her get well. want to have kids, it penalizes us if we taxes for that year. I see the gentleman from Wisconsin have a small business, it penalizes us if Valuable resources are being lost to (Mr. RYAN) is here. He has a great we save, it penalizes us if we invest, it taxes, resources that could be used for chart that is too small for anybody to penalizes us the more we work and the productive, job-creating economic be- read, but we are going to put it up anymore successful we become. These are havior, or for spending time with our way; and we will go through with this things we should not be penalizing in families. As my colleagues can see, the so we can get out of here. So I want the this country; we should be rewarding costs imposed by our tax system are gentleman to have his press releases. those things in America. just too high. Are the gentleman’s press releases re- Where it really is arrogant is in the Today I rise in support of H. Con. lated to that? fact that we are losing jobs to foreign Res. 141 and strongly urge my col- Mr. RYAN of Wisconsin. Mr. Speaker, trade every day in this country. When leagues to join in a national debate will the gentleman yield? we look at our Tax Code, and this is about the problems of our current tax Mr. MCDERMOTT. I yield to the gen- what this chart goes to, if we look at system and the need for fundamental tleman from Wisconsin. the effective top central and local cor- reform. Mr. RYAN of Wisconsin. Mr. Speaker, porate rate, meaning how much do we Mr. MCDERMOTT. Mr. Speaker, I I will explain the chart so the gen- tax businesses in this country, if we yield myself such time as I may con- tleman from Washington can under- look at the entire industrialized world sume just to finish up. stand it. Even if he cannot see it, I will from Ireland on up to Japan and every We have a tax structure, and we are explain it all to him. other industrialized nation in the all going to vote for this foolishness; Mr. MCDERMOTT. Mr. Speaker, I world, the United States has tax rates and I would suggest to the Clerk of the thank the gentleman. I appreciate on business income that are higher House that you not throw these resolu- that. Explain it to my mother who is than any other industrialized country tions away, because you can just bring watching this, will you? Because she in the world except for Japan. Japan is them out again next year. We will be really wants to understand how this in their second decade of recession. back here at the same old place with fair tax structure, when she is living on If we take a look at just the tax rates the same old tired rhetoric. They will Social Security, why she has to pay a on capital, and what I mean when I say not have done anything more about 60 percent sales tax, because I have no ‘‘capital’’, that is investment, that is this issue than they have this year. So idea. For all of the people living on So- plant and equipment, that is expansion I think we could at least save a little cial Security, if the gentleman from of businesses, that is capital. When we money by not reprinting this kind of Georgia (Mr. LINDER) succeeded, they take a look at the tax rates on capital nonsense. would get a 60 percent flat tax on ev- such as the tax rates on dividends, that We passed a tax bill last spring; and erything they bought. It is so nonsen- tax rate is the second highest in the I do not remember the exact figure, but sical, I do not know how my colleagues world except for Japan, again, a coun- something like 75 percent of the ben- can stand out here with a straight face try that is in its second decade of re- efit went to people who make more and offer it up here. cession. than $100,000 in this country. Now, if Mr. Speaker, I reserve the balance of So when we sit here and tax capital, that is a fair tax structure, I will be my time. when we sit here and tax our businesses darned. I mean, I have to relearn the at not 20 percent, not 15 percent, but at meaning of fairness. The whole idea of b 1900 an effective tax rate of over 35 percent a tax structure is to pay on one’s abil- Mr. KINGSTON. Mr. Speaker, I yield in America, we are taxing jobs over- ity to pay. 31⁄6 minutes to the gentleman from Wis- seas. Ideas like the gentleman from Geor- consin (Mr. RYAN) so he can explain More importantly, what is also harm- gia (Mr. LINDER), who comes out here these charts. ful with our Tax Code is, unlike our in- with a sales tax, the idea being that we Mr. RYAN of Wisconsin. Mr. Speaker, dustrial competitors, we tax our in- will put a sales tax on everybody and I thank the gentleman for yielding come on a worldwide basis. Not only do that will be fair. Of course, ordinary time to me. Mr. Speaker, these are not we have the second highest tax rates in people have to buy food and clothes sales tax charts, by the way, I say to the world, we tax all worldwide income and medicine and gasoline and a whole the gentleman from Washington. Let made by U.S. companies at that higher

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.125 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3009 rate. If you are an American company our kids with debt and give all the The question was taken. making money in Ireland, a country money to people on the top. The SPEAKER pro tempore. In the with a corporate tax rate of 17 percent, Now, I agree, this is a great thing. I opinion of the Chair, two-thirds of you are going to end up paying that wish we could get somebody, when we those present have voted in the affirm- U.S. tax rate of 35 percent, whereas it send this sense of the Congress, it ative. will be much less for France or Eng- would actually get to somebody who Mr. KINGSTON. Mr. Speaker, on that land. could actually do something, maybe I demand the yeas and nays. Mr. Speaker, we are losing jobs be- the Speaker’s office, maybe the major- The yeas and nays were ordered. cause we tax our companies and busi- ity leader’s office. Mr. Armey used to The SPEAKER pro tempore. Pursu- nesses more than anybody else does. talk about it, but he never brought a ant to clause 8 of rule XX and the Chair’s prior announcement, further We tax them overseas. What happens? bill here. Maybe the new majority lead- proceedings on this motion will be Foreign companies are taking over er would bring us out something we postponed. U.S. companies, pushing income and could vote on. It would be real nice to jobs overseas. have a debate on an actual piece of leg- f We need to lower our tax rates, we islation, so we could understand what REPORT ON RESOLUTION WAIVING need to fix our Tax Code and make it it was really going to do. POINTS OF ORDER AGAINST CON- FERENCE REPORT ON S. 151, PROSECU- more efficient so we can keep jobs here Mr. Speaker, I urge all my Members TORIAL REMEDIES AND TOOLS AGAINST at home. to vote for this, because we all want a THE EXPLOITATION OF CHILDREN Mr. MCDERMOTT. Mr. Speaker, I more fair tax structure. TODAY ACT OF 2003 yield myself the balance of my time. Mr. Speaker, I yield back the balance Mrs. MYRICK (during consideration The SPEAKER pro tempore (Mr. of my time. of H. Con. Res. 141), from the Com- BASS). The gentleman from Wash- Mr. KINGSTON. Mr. Speaker, I yield mittee on Rules, submitted a privi- ington (Mr. MCDERMOTT) is recognized myself such time as I may consume. leged report (Rept. No. 108–68) on the for 31⁄2 minutes. Mr. Speaker, I want to say to my resolution (H. Res. 188) waiving points Mr. MCDERMOTT. Mr. Speaker, I ap- friend, the gentleman from Washington of order against the conference report preciate the erudite lecture on the tax (Mr. MCDERMOTT), whose mother is to accompany the Senate bill (S. 151) to structure of the gentleman from Wis- watching him tonight, that she knows amend title 18, United States Code, consin (Mr. RYAN). I know he sits on her own son. However, the IRS would with respect to the sexual exploitation the Committee on Ways and Means, define ‘‘child’’ five different ways of children, which was referred to the and he knows we have not had a single under the current code. I know she is House Calendar and ordered to be hearing on any kind of tax reform bill with us and appreciates the gentle- printed. the whole time he has been on the com- man’s ‘‘yes’’ vote. f mittee. This bill supports this hearing, this It is good to come out here and send bill supports that debate. It is my hope EXPRESSING SUPPORT FOR RE- these letters to the Congress. I do not that we can get those of us who may or NEWED EFFORT TO FIND PEACE- know who this Congress is. When we may not be on the right committee to FUL, JUST, AND LASTING SET- send the sense of the Congress, where introduce our bills. TLEMENT TO CYPRUS PROBLEM do these go? Do these go to the leader- I am hoping that the Democrat Party Mr. BEREUTER. Mr. Speaker, I move ship or somewhere, or up in the air, or will introduce a bill. To my knowledge, to suspend the rules and agree to the over to the Senate? and I have been up here 10 years, I have resolution (H. Res. 165) expressing sup- Mr. RYAN of Wisconsin. Mr. Speaker, never seen the Democrat Party intro- port for a renewed effort to find a will the gentleman yield? duce tax simplification. We have got- peaceful, just, and lasting settlement Mr. MCDERMOTT. I yield to the gen- ten a lot of criticism. I would like to to the Cyprus problem, as amended. tleman from Wisconsin. see some of their solutions. Maybe we The Clerk read as follows: Mr. RYAN of Wisconsin. Mr. Speaker, can do some bipartisan things to- H. RES. 165 I would tell the gentleman, we have gether. Whereas the United States believed there had hearings in the Committee on The criticism about the length of existed a historic opportunity to bring a Ways and Means. We have had hearings this debate is valid, but we have spent peaceful, just, and lasting settlement to the in the Subcommittee on Select Rev- a lot of time preserving Social Secu- Cyprus problem, which would have benefited all Greek and Turkish Cypriots, as well as enue Measures on tax reform ideas. rity and Medicare and reforming edu- the wider region; Mr. MCDERMOTT. I would ask the cation. These things do, unfortunately, Whereas a resolution of the Cyprus prob- gentleman, Mr. Speaker, when are they take decades to accomplish. Welfare re- lem remains consistent with American val- going to bring something to the full form, which we passed in 1996, actually ues of promoting stability, freedom, and de- committee? I do not sit on that sub- was debated for 30 years before we ac- mocracy in the world; committee. tually got reform on it. Whereas a resolution of the Cyprus prob- Mr. RYAN of Wisconsin. Well, in the I do not want this to be 30 years, Mr. lem is in the strategic interests of the subcommittee we had a lot of hearings. Speaker. I am hoping that Members of United States, given the important location of Cyprus at the crossroads of Europe, Afri- Mr. MCDERMOTT. Mr. Speaker, I Congress can use this resolution as a ca, and Asia; take back my time. I appreciate the vehicle to encourage debate within this Whereas the United States strongly sup- gentleman’s point. body, within this town, within the ports the efforts of the United Nations Sec- The last tax we had last year, the one other body, within the executive retary General, and his Special Advisor they have been running their elections branch, to bring the tax simplification through his good offices mission, to achieve on, the Urban Institute says that if debate forward. a comprehensive settlement with respect to your income is between $30,000 and I ask Members to put their ideas on Cyprus in full consideration with relevant $40,000, that is the average income in the table, whatever it is, Democrat United Nations Security Council resolutions this country, the tax cut was $339. and international treaties; Party, Republican Party, Independ- Whereas a just and lasting resolution of Households with over $1 million get an ents, flat tax, sales tax, simplifying the the Cyprus problem, in full consideration of average tax cut of $90,000. Sixty-eight current code. Let us do something, be- United Nations Security Council resolutions percent of households in this country cause what we have right now is not and international treaties, will safeguard the get a tax cut of less than $500. working. security and fundamental rights of all Greek If you are a typical elderly family Mr. Speaker, I yield back the balance and Turkish Cypriots; with an income between $20,000 and of my time. Whereas the United Nations Secretary $30,000, you get 89 bucks. That is an un- The SPEAKER pro tempore. The General, Kofi Annan, on November 11, 2002, fair tax structure. They made it worse. question is on the motion offered by submitted a proposal for the comprehensive settlement of the Cyprus problem, referred If they have their way with this $700 the gentleman from Georgia (Mr. KING- to as the ‘‘Basis for an Agreement on a Com- billion nonsense that they are trying STON) that the House suspend the rules prehensive Settlement of the Cyprus prob- to push in this session, they will make and agree to the concurrent resolution, lem’’, which he revised on December 10, 2002, it even worse, because they will saddle House Concurrent Resolution 141. and again on February 26, 2003;

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.127 H09PT1 H3010 CONGRESSIONAL RECORD — HOUSE April 9, 2003 Whereas negotiations between the Greek (7) encourages both sides, upon completion of the Security Council for almost 40 and Turkish Cypriot leaders, which had been of a comprehensive settlement, to consider years. In fact, it is the oldest item con- ongoing, were encouraged to be intensified in putting such an agreement to referenda, if tinuously on the Secretary General’s order that full agreement could be reached necessary, in order that the will of the Greek peacemaking agenda. by February 28, 2003, in conformity with the and Turkish Cypriots can be democratically timetable proposed by the United Nations expressed. In addition, this resolution expresses Secretary General in his proposals; The SPEAKER pro tempore. Pursu- the disappointment of the House that Whereas United Nations Secretary General ant to the rule, the gentleman from the recent United Nations plan for a Koffi Annan again on February 26, 2003, gave comprehensive settlement of the Cy- Nebraska (Mr. BEREUTER) and the gen- the Greek and Turkish Cypriot leaders, and prus problem could not be agreed to by the guarantor powers, the United Kingdom, tleman from California (Mr. SHERMAN) each will control 20 minutes. the two Cypriot sides, despite the ef- Greece and Turkey, a second revision of his fort of many and, in particular, the plan in order to accommodate input from The Chair recognizes the gentleman United Nations Secretary General. both sides; from Nebraska (Mr. BEREUTER). Referenda put before both Greek Cyp- Whereas the revised plan was the result of GENERAL LEAVE exhaustive efforts by the United Nations and riots and Turkish Cypriots would be would have lead to a peaceful, just and last- Mr. BEREUTER. Mr. Speaker, I ask approved to create a confederation to ing settlement of the longstanding division unanimous consent that all Members bring peace and unity to Cyprus, if of Cyprus; may have 5 legislative days within only they were given that opportunity. Whereas the Secretary General on Feb- which to revise and extend their re- In a report that the Security Council ruary 28, 2003, at the conclusion of a visit to marks and include extraneous material issued on Saturday on the Secretary Turkey, Greece, and Cyprus, invited the on the resolution under consideration. General’s effort to achieve a com- Greek and Turkish Cypriot leaders to meet The SPEAKER pro tempore. Is there with him at The Hague on March 10, 2003, the prehensive settlement of the Cyprus purpose of the meeting being to sign a com- objection to the request of the gen- problem, U.N. Secretary General Kofi mitment to submit the plan to approval in tleman from Nebraska? Annan made it clear that ‘‘a unique set separate, simultaneous referenda on March There was no objection. of circumstances, including the mem- 30, 2003, in order to achieve a comprehensive Mr. BEREUTER. Mr. Speaker, I yield bership of Cyprus in the European settlement of the Cyprus problem, and the myself such time as I may consume. Union, offering a framework of incen- guarantor powers were also invited to attend (Mr. BEREUTER asked and was the meeting and to sign the commitment; tives to reach a settlement, as well as given permission to revise and extend deadlines within which to reach it’’ Whereas both the Greek and Turkish Cyp- his remarks.) riot leaders did attend the meeting at The was emerging and that the potential Hague with the Secretary General but the Mr. BEREUTER. Mr. Speaker, I rise existed to make a true impact on Secretary General’s plan failed when Turk- in support of House Resolution 165, a peace. ish Cypriot Leader, Denktash, rejected both resolution offered by this Member re- Finally, the resolution urges both the comprehensive settlement and the ref- garding the political situation in Cy- the Greek and Turkish Cypriots to erendum proposal; prus. The Subcommittee on Europe quickly resume negotiations to resolve Whereas the United States Government ex- adopted this measure unanimously last this problem. It expresses the view of pressed its deep disappointment that the week, because an historic moment in Secretary General’s efforts to bring his plan the House of Representatives that we for a comprehensive settlement to referenda the history of Cyprus was about to be want and appreciate continued efforts by Greek and Turkish Cypriots was rejected; lost if the momentum which had been by Greece and Turkey to maximize and building over the past 2 years to bring their influence to prevent this oppor- Whereas despite this unfortunate setback, about a resolution of the Cyprus prob- tunity to bring peace and economic the United States remains committed to lem was allowed to slip away. prosperity to the entire Cypriot com- seeking a just and durable settlement to the I want to express my appreciation to Cyprus problem: Now, therefore, be it: munity from being lost. Resolved, That the House of Representa- the ranking member on the Sub- The resolution urges the United Na- tives— committee on Europe, the gentleman tions and the Bush administration to (1) expresses its appreciation for the efforts from Florida (Mr. WEXLER), for his sup- redouble their efforts to encourage the of the United Nations Secretary General to port on this issue and his willingness talks to begin again in order to seek a seek a peaceful, just, and lasting settlement to see this resolution move forward. I solution. of the Cyprus problem for the benefit of the believe the resolution represents an Mr. Speaker, since 1974, the island of Greek and Turkish Cypriots and the region; important statement by the House on Cyprus has been politically divided in (2) expresses its strong disappointment the need for a solution for the Cyprus that the Secretary General’s efforts to bring what has been often a bitter and vio- his plan for a comprehensive settlement to a problem. lent dispute. Consequently and regret- referenda by the Greek and Turkish Cypriots I also want to express my apprecia- tably, the people of Cyprus have been has been rejected; tion to the chairman of the committee, culturally and socially isolated from (3) expresses its very strong regret that the gentleman from Illinois (Mr. each other by a heavily fortified green Turkish Cypriot leader, Mr. Denktash, re- HYDE), and the ranking Democrat, the line in what today represents some- jected the comprehensive settlement offered gentleman from California (Mr. LAN- thing akin to the Berlin Wall of the by the Secretary General and, by refusing to TOS), for their help in moving this leg- last century. offer the settlement proposal to referenda, islation to the floor; and to the gen- denied the Turkish Cypriot community the This Member has personally walked opportunity to determine their own future; tleman from California (Mr. SHERMAN) that green line through Nicosia on two (4) remains committed, despite the recent for managing the legislation tonight. occasions. The commander of one of setback, to giving any assistance necessary I also want to particularly acknowl- the four national peacekeeping forces, for finding a just and durable settlement for edge the work of our distinguished col- the British commander, told this Mem- the Cyprus problem and urges the maximum league, the gentleman from Florida ber that in his capacity, he has men in effort by the United States Government and (Mr. BILIRAKIS), who has long been a his unit whose fathers have served in others to redouble their efforts to seek a just leader in keeping this House informed that unit at that location. and lasting settlement to the Cyprus prob- of the situation in Cyprus and the sta- lem; For the past 29 years, various at- (5) encourages both Greek and Turkish tus of the peace process. tempts and numerous proposals have Cypriot leaders to renew their efforts to find It is interesting and very salutary, I been put forward to bring Greek and a settlement to the Cyprus problem on the think, that we have as supporters of Turkish Cypriots together to resolve basis of the Secretary General’s framework this resolution, indeed, as cosponsors what has become known as ‘‘the Cyprus for a comprehensive settlement; of the resolution, some of the Members problem.’’ (6) urges the Governments of Turkey and that are strongest in support of Greece None of these attempts to bring Greece to do everything possible to support and are strongest in support of Turkey. about reconciliation has been so close the search for a settlement, including ac- House Resolution 165 commends the to achieving success than the effort tions by the Government of Turkey helping to persuade the Turkish Cypriot leader to United Nations Secretary General, Kofi which is before us now has had as an reach an agreement which would reunite the Annan, for his tireless efforts to seek a opportunity during this past 5 months. island and which would serve the interests of resolution to the Cyprus problem, a Last November, with the entry of a di- both Greek and Turkish Cypriots; and problem which has been on the agenda vided Cyprus into the European Union

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.078 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3011 looming, U.N. Secretary General Kofi Whatever the real motivation of the rized areas of the world, according to Annan proposed a comprehensive proposal, a little bit of trust and con- former U.N. Secretary General Boutros framework for a just and lasting settle- fidence is something both sides could Boutros Ghali. ment of the Cyprus problem. His plan use right now. This Member wonders Eighty thousand Turkish settlers was hailed as a positive attempt to re- what is wrong with lifting current re- were installed after that invasion and solve the problem. strictions on crossborder trade, tour- occupy properties forcibly vacated by In presenting his framework, the Sec- ism, education and culture exchanges, Greek Cypriot refugees, people who had retary General asked Greek and Turk- even if for only 1 day a week just as a lived there for generations. And now ish Cypriot leaders to accept the plan way for both sides to see if they really we have 200,000 refugees and over 1,600 by February 28. When neither side re- are prepared to live as a united island. people missing since that long-ago in- solved their differences with the pro- This Member also wonders why some of vasion, including five American citi- posal by the end of the February, the the measures could not be agreed to zens. In Northern Cypress there are a Secretary General asked the two lead- outside of a more comprehensive agree- few Greek Cypriots. They are, in effect, ers to meet him in The Hague on ment based upon the U.N. peace plan. locked into enclaves. They are denied March 10 and to sign an agreement Mr. Speaker, in just 12 days the Gov- basic human rights such as freedom of that would put the framework to si- ernment of Cypress will sign the acces- movement, access to education, reli- multaneous referenda on the island. sion papers paving the way for the gious freedom, or political rights. On March 10 both the Greek and southern part of the island to enter the The deterioration of the situation in Turkish Cypriot leaders did meet with European Union. The economic bene- northern Cypress must be contrasted Annan in The Hague. However, we fits of this membership to the southern to the prosperity of the southern part learned with great disappointment that half of the island will be significant. On of that island ruled by the official gov- the Secretary General’s framework was the other hand, it would be a terribly ernment of the Republic of Cypress. rejected when the Turkish Cypriot damaging blow to the potential eco- That government has done so well that leader announced he could not accept nomic prospects for the Turkish Cyp- they have met the EU’s strict stand- the settlement plan, and would not riots. The current differences between ards for administration and will soon agree to put the referenda to the Turk- the income levels of the two commu- be admitted. Those standards include ish Cypriots. nities would continue to widen dra- tough limits on the amounts of public This decision was disappointing be- matically. debt, limits that, after this budget res- cause informal polls indicated that a Now is the time for both sides to put olution comes to the floor tomorrow, majority of Turkish Cypriots were pre- aside their past differences and to the United States will not be able to pared to support the plan and bring the make a serious commitment to resolve meet. The economic hardship on the longstanding division and suffering of this problem of a divided Cypress. We northern part of the island and the the island to an end. Despite our uncertainty over the fu- are never going to have a better oppor- competition with settlers from Turkey ture of the island, last week, as our tunity. has caused the exodus of the majority subcommittee prepared to adopt this As Secretary General Kofi Annan has of the Turkish Cypriot population. On September 30, 2002, the EU’s en- resolution, we were informed that sev- stated, his settlement proposal is still largement commissioner stated that eral measures were being initiated by on the table; and I believe resumption the various parties which seemed to us of the negotiations should continue to Cypress complies with all political and to be very positive. use the Secretary General’s plan as a economic conditions for membership The first was the announcement by basis for an agreement. and that the government-controlled Turkish Prime Minister Erdogan that Mr. Speaker, the people of Cypress areas of Cypress enjoy an atmosphere he would bring a new effort to unite have endured 29 years of separation. of economic prosperity and political the Greek and Turkish Cypriot areas of They are ready, it is clear, to see and freedom, allowing its people to enjoy Cyprus forward. support referenda. Therefore, it is a one of the highest standards of living sincere hope of this Member that the in the world. b 1915 leaders of both sides will return to the Cypress will become a member of the The second was the announcement negotiating table and resolve this im- EU in a few weeks, and the Cypriot that Turkish Foreign Minister Gul portant problem so that next year, in government will sign an accession would travel to Northern Cypress to 2004, we will be celebrating the first an- agreement and formally join, I believe, discuss the peace process with Turkish niversary of a united Cypress and not on April 16 of this year. Cypriot leaders and then would travel the 30th anniversary of a divided one. The recent failure of the U.N.’s peace to Belgrade to meet with Greek leaders Mr. Speaker, this Member urges talks must be blamed on Turkish Cyp- to discuss how to resume the peace ne- Members of the House to speak with riot leader Rauf Denktash. The U.N. gotiations. Both of these announce- one strong voice in support of a resolu- plan offered a wide range of autonomy, ments were very welcome, and this tion on the Cypress problem and thus a weak central government, a demili- Member commends the Turkish leader- urges support for the resolution. tarized Cypriot state, and a continuing, ship for their willingness to address the Mr. Speaker, I reserve the balance of if greatly reduced, Turkish and Greek issue. my time. presence to guarantee the safety of the A third announcement was that the Mr. SHERMAN. Mr. Speaker, I yield respective communities. But Denktash Turkish Cypriot leader, Denktash, had myself such time as I may consume. was not willing to put this plan to a sent a letter to the Cypriot President, Mr. Speaker, I rise in strong support referendum. Notwithstanding the fact Mr. Papadopoulos, suggesting several of House Resolution 165. that his own people, the Turkish Cyp- measures which the Turkish leader was Mr. Speaker, let me first provide riots would have overwhelmingly sup- offering as a way to begin rebuilding some background. On July 20, 1974, ported this plan, a great opportunity confidence between the two sides in ad- thousands of Turkish troops invaded was lost. vance of resuming the negotiation. and occupied 37 percent of the island, Mr. Speaker, I fully endorse this res- Mr. Speaker, this Member felt that which since that time has been sepa- olution and in later comments would the gestures may have been positive rated by a green line, actually a line of want to detail its terms. because one of the biggest obstacles barbwire, analogized by the gentleman Mr. Speaker, I reserve the balance of which had plagued the peace process from Nebraska (Mr. BEREUTER) to the my time. for all these years has been the lack of Berlin Wall. They created the Northern Mr. BEREUTER. Mr. Speaker, I yield confidence and trust on both sides. Un- Republic of Cypress in 1975 and, indeed, such time as he may consume to the fortunately and very quickly, we saw recognized only by Ankara. Nicosia distinguished gentleman from Florida just how much distrust actually does today is the only divided capital in the (Mr. BILIRAKIS), who I would say is exist today on that island because world. among the House’s most outstanding some people thought there was a hid- Today Turkey maintains 35,000 experts on Cypress. den agenda, and maybe there was, but troops in Northern Cypress and that Mr. BILIRAKIS. Mr. Speaker, I I hope that was not the case. area is one of the most highly milita- thank the gentleman from Nebraska

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.133 H09PT1 H3012 CONGRESSIONAL RECORD — HOUSE April 9, 2003 (Mr. BEREUTER) for writing this bill ess. This follows the issuance of a re- is the envy of many of its neighbors. and for yielding me time. port last Saturday by Secretary Gen- But the celebration of the EU member- I also rise in strong support of H. eral Kofi Annan on the reasons behind ship will be bittersweet for many Cyp- Res. 165, a bill which expresses support last month’s breakdown of U.N.-spon- riots, knowing that their country will for a renewed effort to find a peaceful sored negotiations. While it remains to not join the EU as a whole, but still as and lasting settlement to the Cypress be seen what the council will do, the a nation illegally divided. problem by declaring appreciation for Secretary General was clear in his re- b 1930 the efforts of Kofi Annan, the United port regarding reasons for the break- Nations’ Secretary General. down. Mr. Annan’s report blamed This fact was not inevitable. The Mr. Speaker, the U.N. peace process, Turkish Cypriot Leader Raul Denktash Cypriot people, both Greek and Turk- which is strongly supported by the and Turkey for the failure of the Sec- ish, have repeatedly demonstrated United States and the entire inter- retary General’s plan to reunify this their desire to end the division of their national community, has sought to re- divided island. nation and integrate themselves into unite Cypress as a single, sovereign bi- Mr. Speaker, despite the lack of a modern Europe, but the old men that communal federation. settlement, Cypress’s European Union hold power in northern Cyprus refuse With Cypress poised to join the Euro- ascension is going forward. Next to free their people to join the 21st cen- pean Union in May 2004, Secretary Gen- Wednesday, April 15, is the date of the tury. The Secretary General, as my eral Annan chose to get personally in- signing ceremony of the ascension colleagues know, of the United Na- volved in bringing the two sides to- treaty in Athens. The Republic of Cy- tions, Kofi Annan, who worked tire- gether, asking the two community press will join with nine other nations lessly to bring peace to Cyprus, left no leaders to put the U.N. plan before in signing the treaty. Sadly, however, doubt this week as to who was to their people in a referendum. President the residents of the Turkish-occupied blame for the failure of the talks. Papadopoulos of Cypress said he was areas will be left out, due to the obsti- Rauf Denktash, the self-styled head prepared to do so. Unfortunately, Mr. nate Mr. Denktash and his short-sight- of the Cypriot separatists, refused to Denktash, the Turkish Cypriot leader, ed supporters in Ankara. negotiate in good faith to resolve this was not prepared to agree to put the Mr. Speaker, I am encouraged that 30-year-old dispute. In fact, Denktash plan to a referendum. the statements coming out of the State went so far as to refuse to put a Cyprus It is a shame that the Secretary Gen- Department have expressed regard over peace agreement to his people in a ref- eral’s personal diplomacy was met by Mr. Denktash’s refusal to let the Turk- erendum. His refusal is likely because this kind of flat-out rejection. The bill ish Cypriots vote on a referendum. I he knows full well that even the Turk- expresses strong disappointment that would be further encouraged if the ad- ish Cypriots he purports to represent the Turkish Cypriot leader, Mr. ministration put the necessary pres- would embrace peace if given the op- Denktash, rejected the comprehensive sure on Turkey to be part of the solu- portunity. settlement offered by Secretary Gen- tion and not just part of the problem. Mr. Speaker, it is time to end this il- eral Annan, thereby denying the Turk- Mr. Annan stressed that ‘‘my plan is legal and artificial division of the Cyp- ish Cypriot people the opportunity to still on the table,’’ and I am sure that riot nation, and I urge my colleagues determine their own future. the Security Council will suggest that to support this resolution, and I urge This legislation also indicates that we go forward with the U.N. plan. But the President to apply renewed energy we in the House of Representatives re- Mr. Denktash and the Government of to convince the Turkish Government main committed to giving any assist- Turkey must understand that there are that ending its occupation of Cyprus ance needed to find a just and durable costs for walking away from the table and supporting peace there could be settlement for the Cypress problem. and benefits to be derived if they co- the most crucial thing Turkey could do H. Res. 165 urges the United States operate with the U.N. process. to right a wrong. Government and others to redouble I still believe that the U.S. and this Mr. SHERMAN. Mr. Speaker, it is my their efforts to seek a fair solution to administration can do a lot more to pleasure to yield 21⁄2 minutes to the the Cypress problem. And finally, H. put pressure on Turkey to go ahead gentlewoman from New York (Mrs. Res. 165 urges the governments, the with the U.N. plan and try to come to MALONEY) who has shown her dedica- governments of Turkey and Greece to some sort of settlement. I am hopeful tion to human rights and impressed us do everything possible to support the and I know that this resolution will all with her expertise on Hellenic search for a settlement, including ac- help in that regard, and that is why we issues. tions by the Government of Turkey, should all support it. Mrs. MALONEY. Mr. Speaker, I rise helping to persuade Mr. Denktash to Mr. SHERMAN. Mr. Speaker, I yield in support of H.R. 165 and thank my reach an agreement which would re- 2 minutes to the gentlewoman from friends and colleagues, the gentleman unite the island. California (Ms. WATSON), a distin- from Nebraska (Mr. BEREUTER) and the Mr. Speaker, again I want to thank guished former ambassador who is also gentleman from California (Mr. SHER- the gentleman from Nebraska (Mr. BE- a congressional Representative. MAN), for their work on this important REUTER) for his commitment and perse- Ms. WATSON. Mr. Speaker, a crucial resolution. verance in resolving the 29-year-old opportunity was missed this spring to However, I do have some reserva- problem in Cypress, and I urge my col- bring peace to Cypress. Almost 3 dec- tions. As Democratic cochair of the leagues to support the legislation. ades of illegal occupation have kept Hellenic Caucus, along with my Repub- Mr. SHERMAN. Mr. Speaker, I yield the Cypriot nation divided and its peo- lican colleague, the gentleman from 2 minutes to the gentleman from New ple, both Greek and Turkish Cypriots, Florida (Mr. BILIRAKIS), we have been Jersey (Mr. PALLONE), a gentleman in a dangerous limbo. Cypress has a working with the U.N. and the State who has been a leader on issues of for- rich tradition as the crossroads of Department on the reunification of Cy- eign policy and human rights. trade and culture in the Eastern Medi- prus, which has been divided since 1974. Mr. PALLONE. Mr. Speaker, I want terranean. Yet, in spite of history and The peaceful, lasting and just settle- to thank my colleague from California geography, those living in the occupied ment of Cyprus has been a priority of (Mr. SHERMAN) for those kind remarks. zone have been isolated from the rest the United Nations and the caucus. Mr. Speaker, as an original co-spon- of the world for close to 30 years be- The Republic of Cyprus will sign the sor of House Resolution 165, I come to cause of the intransigence of their EU treaty in Athens on April 16. We the floor this afternoon to voice my leaders. While unoccupied Cypress has had all hoped a united Cyprus would strong support for the gentleman from fared better, the fact of the division of enter the European Union. Unfortu- Nebraska’s (Mr. BEREUTER) resolution Cypress still leaves fear, doubt, and un- nately, the latest round of talks ended calling for a renewed effort to find a certainty in the minds of all Cypriots. without an agreement. According to peaceful and lasting settlement to the This month Cypress will join the Eu- the report of the United Nations Sec- Cypress problem. Tomorrow the U.N. ropean Union. This act is a testament retary General, Kofi Annan, released Security Council is expected to adopt a to the will and the industry of the Cyp- on April 7, and I would like to put his resolution on the Cypress peace proc- riot people, building an economy which testimony into the record, ‘‘In the case

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.135 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3013 of the failure of this latest effort, I be- reached. Tens of thousands of Cypriots It is, therefore, vital, Mr. Speaker, lieve that Mr. Denktash, the Turkish have taken to the streets in recent that this body go on record uncompro- Cypriot leader, bears prime responsi- months, particularly in the Turkish misingly in support of this resolution. bility.’’ areas, in support of this settlement, Mr. Speaker, I see that I have no Despite my concerns and disappoint- but Denktash ultimately imperiled the other requests for time, and I yield ment, I appreciate the comments of recent round of talks by refusing to back the balance of my time. President Papadopoulos, who has stat- take the plan directly to the Turkish Mr. BEREUTER. Mr. Speaker, I yield ed that the Greek Cypriot side will Cypriot people for a referendum. As a myself the remaining amount of time. ‘‘continue the efforts for reaching a so- result, Secretary General Annan has lution to the Cyprus question both be- ended official U.N. efforts to broker a Mr. Speaker, I thank the gentleman fore and after Cyprus joins the EU.’’ settlement. for his concluding comments, and all of these speakers this evening have had a I am pleased that this resolution ad- This is a severe disappointment to very positive outlook on the oppor- dresses these issues and appreciate the me, to my Greek and my Turkish tunity, a rare opportunity, for us to work the subcommittee has done. American constituents in New Jersey, really bring peace and unity to the is- One area that concerns me about this and to all the people of Cyprus, but we land of Cyprus. amended resolution is that it has de- must not accept the end of this latest leted references to the people of Cyprus round of talks as the end of the road. This is an opportunity we cannot and, instead, only refers to Greek and Peace rarely comes easily. avoid trying our best on. This is an op- Turkish Cypriots. There are Arme- Peace in Cyprus is still possible, and portunity with a maximum amount of nians, Maronites and Latins in addi- as Cyprus prepares to enter the Euro- leverage. I urge, therefore, my col- tion to Greek and Turkish Cypriots, pean Union, let us do our part to get leagues to support the resolution. living in Cyprus. I believe the new ref- the peace process back on track. Mr. CROWLEY. Mr. Speaker, I rise today in erences that identify only Greek Cyp- I commend the gentleman from Ne- strong support of House Resolution 165. This riots and Turkish Cypriots is inac- braska (Mr. BEREUTER). His resolution resolution is directed at renewed endeavors to curate and works to divide the people would help. Let us pass it promptly. find a peaceful, just, and durable solution to of Cyprus into two main groups. For Mr. SHERMAN. Mr. Speaker, I yield the Cyprus conflict. With the failure of the re- this reason, the use of the term ‘‘people myself so much time as I may con- cent UN-brokered peace negotiations and with of Cyprus’’ is much more preferable sume. Cyprus going to join the EU, a solution to the and accurate, reflecting the unity of Mr. Speaker, this is an important problem is more needed than ever. the country and the people. resolution. It expresses our support for The Eastern Mediterranean is a region of Again, I thank the gentleman from a peaceful, just and lasting resolution vital U.S. interests. Endeavors to promote California (Mr. SHERMAN) and the gen- of the Cyprus problem. I would like to greater stability in the area by bringing the two tleman from Nebraska (Mr. BEREUTER) take this opportunity to thank the conflicting parties together, must thus remain for their work on this very important gentleman from Nebraska (Mr. BEREU- high on our agenda. In fact, stability in this re- resolution. I am hopeful that there will TER), the chairman, for sponsoring this gion serves to advance many key policy ob- be new initiatives and new opportuni- resolution and to commend the gen- jectives. ties to work toward solving the prob- tleman from Florida (Mr. WEXLER), the lem as all sides will benefit. I am hope- I thus wish to applaud the tireless efforts of ranking Democratic member, for his ful that even between now and April 16 the Secretary General of the United Nations to leadership on foreign policy issues. I there is an opportunity for them to get have prudently worked out an acceptable am pleased to be an original cosponsor back on board, and I am hopeful that peace plan for both the Greek Cypriots and of the resolution. Cyprus will go to the EU as a united the Turkish Cypriots. Kofi Annan crafted a country. I fully endorse the sentiment ex- compromise plan that sought to reunite Cy- I appreciate very much the gen- pressed in this resolution that Greek prus as a single bicommunal federation. The Cypriot and Turkish Cypriot parties tleman from Nebraska’s (Mr. BEREU- plan would have satisfied both communities. should renew their efforts to find a set- TER) leadership. He has really worked The plan also enjoyed broad bipartisan sup- to bring both sides together. It has tlement to the Cyprus problem on the port in the U.S. and was strongly supported by been very helpful. I appreciate it very basis of the U.N. Secretary General’s the wider international community. I therefore much. framework for a comprehensive settle- commend the Cypriot President Tapas Mr. SHERMAN. Mr. Speaker, I yield ment, notwithstanding the lamentable Papadopolous who was eager to finally solve 2 minutes to the gentleman from New failure of the most recent round of di- this long-lasting dispute. He accepted the UN Jersey (Mr. HOLT), my favorite rocket plomacy. proposal and was willing to submit the plan to scientist. It is also important that this body a separate referendum last month. Imme- (Mr. HOLT asked and was given per- reaffirm its own commitment to giving diately after the failure of the negotiations, mission to revise and extend his re- any necessary assistance to help Papadopolous further stated that the Greek marks.) achieve a just and durable settlement Cypriot side will continue its endeavors for Mr. HOLT. Mr. Speaker, I thank my of the Cyprus problem, and that is, reaching a solution to the Cypriot issue within friend from California for yielding to again, called for by this resolution. the UN framework. me, and I rise in support of H. Res. 165 In particular, this resolution ex- Parallel, I voice my disappointment at the to draw this Chamber’s attention to presses the Congress’ very strong re- Turkish Cypriot leader Rauf Denktash’s deci- this opportunity that is not yet lost in gret that Turkish Cypriot leader Mr. sion not to accept the UN proposal and his ul- Cyprus. Denktash rejected the comprehensive timate rejection of the peace deal. This is an Cyprus has suffered from ethnic settlement offered by the Secretary unacceptable situation and hurts everyone in- strife among the people of Cyprus, and General and denied the Turkish Cyp- volved: the Turkish and Greek Cypriot commu- I thank my colleague, the gentle- riots the opportunity to determine nities, the United Nations, the U.S., the EU woman from New York, for using that their own future, because he refused to and Turkey’s own desire to become a EU phrasing, among the people of Cyprus offer the settlement proposal as a ref- member, now is the time to act. Indeed, the for decades and has been physically di- erendum. I urge the parties to return Turkish intransigence hurts first and foremost vided since Turkish armed forces in- to the table at the earliest possible Turkey and the Turkish Cypriots themselves. vaded and occupied the northern third time and to complete negotiations on The failure of the unification endeavors com- of the island in 1974 after a Greek-led the Secretary General’s plan. plicates Ankara’s own efforts to join the EU. coup. Mr. Speaker, the U.S. has a clear and The European Commission warned Turkey There have been efforts by the Greek direct interest in solving the Cyprus after the breakdown of the talks that the Greek Cypriots over the last year. There have problem. Its resolution would offer Cypriot part of the island is going to join the been encouraging words from Turkey. peace and prosperity to all of the peo- EU in May 2004 with or without the Turkish Turkey’s new ruling party suggested a ples of Cyprus and would bring lasting Cypriots. But without an agreement on the Cy- change in Turkish policy toward Cy- stability to Greek-Turkish relations on prus issue, Turkey will be in a position of not prus, but no agreement has been NATO’s southern flank. recognizing a member of the European Union.

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00073 Fmt 7634 Sfmt 9920 E:\CR\FM\K09AP7.136 H09PT1 H3014 CONGRESSIONAL RECORD — HOUSE April 9, 2003 Public demonstrations by the Turkish-Cyp- lieve the debate we are engaged in today is The SPEAKER pro tempore (Mr. riot opposition in favor of the peace plan fur- a clear signal that Congress will remain firmly BASS). The question is on the motion ther explicitly show who will be the major los- engaged on this issue, and that we are seri- offered by the gentleman from Ne- ers of the failed negotiations: the Turkish Cyp- ous about achieving a comprehensive settle- braska (Mr. BEREUTER) that the House riots who will not enjoy the benefits of EU ment that benefits both Greek and Turkish suspend the rules and agree to the reso- membership. Cypriots as well as the entire region. lution, H. Res. 165, as amended. The United States will remain committed to Ms. ROS-LEHTINEN. Mr. Speaker, today I The question was taken. finding a just and permanent solution to the want to thank Mr. BEREUTER for his leadership The SPEAKER pro tempore. In the Cyprus issue. This solution must be achieved in introducing H. Con. Res. 165, expressing opinion of the Chair, two-thirds of within the UN framework. The Turkish Cypriot support for a renewed effort to find a peaceful, those present have voted in the affirm- leader must thus clearly show his willingness just, and lasting settlement to the Cyprus ative. to constructively work with the United Nations problem, and I want to take this opportunity to Mr. SHERMAN. Mr. Speaker, on that and to settle for a compromise, a fair com- voice my strong support for this resolution. I demand the yeas and nays. promise like the one that was just presented In today’s uncertain world, where conflict The yeas and nays were ordered. to him. and instability abound, one such long-standing The SPEAKER pro tempore. Pursu- Yet, a permanent solution that involves dispute was quietly moving toward a resolu- ant to clause 8 of rule XX and the compromise, tolerance, and understanding is tion. Chair’s prior announcement, further not merely achieved via multilateral institutions However, while the world has been focused proceedings on this motion will be or intergovernmental interactions, however on Iraq and deadlines on the Hussein regime postponed. came and went, another deadline, one vitally crucial they are. More than ever, confidence- f building measures to re-integrate the two com- important to a resolution to the conflict on Cy- RECOGNIZING 100TH ANNIVERSARY munities on the island are crucial, and the prus, passed with little fanfare. The stakes in Cyprus are high, and while OF LABORERS’ INTERNATIONAL U.S. must continue to support these biocom- the United States is rightly focusing on more UNION OF NORTH AMERICA munal initiatives. pressing foreign policy problems like the war A constructive dialogue between the Greek Mr. LOBIONDO. Mr. Speaker, I ask on terrorism, the war in Iraq and other issues and the Cypriot leader under the UN auspices unanimous consent that the Com- in the Middle East, we should also devote at- as well as reintegration efforts between the mittee on Education and the Workforce tention to bringing an end to this conflict. two communities represent the best and the be discharged from further consider- The outcome of a peaceful resolution to the ation of the resolution (H. Res. 186) rec- only way to settle the Cyprus conflict. division of Cyprus will have a significant im- Mr. WEXLER. Mr. Speaker, I share the ognizing the 100th anniversary of the pact on Turkey and Greece, two key NATO founding of the Laborers’ International hopes of Mr. Bereuter for a peaceful, just and players whose antagonistic relationship has lasting settlement to the long-standing Cyprus Union of North America and congratu- too often roiled the alliance. lating the members and officers of the issue. It would benefit U.S. interests in the eastern Laborers’ International Union of North Like many of my colleagues, I was dis- Mediterranean, would strengthen NATO by im- America for the Union’s many achieve- appointed that a comprehensive agreement to proving relations between our two key allies, ments, and ask for its immediate con- support the United Nation’s proposal was not and defuse an ongoing regional arms race. reached in March. Just as they are standing shoulder-to-shoul- sideration in the House. We must not allow the recent setback to get der with the United States in the war against The Clerk read the title of the resolu- in the way of future negotiations and a lasting terror, so too must they play a constructive tion. settlement of this issue. I hope that both role in resolving this longstanding dispute. The SPEAKER pro tempore. Is there Greek and Turkish Cypriot leaders will renew The European Commission clearly and un- objection to the request of the gen- their commitment to bridge the divide that sep- equivocally has linked Turkey’s ambitions to tleman from New Jersey? arates their people. join the EU to a solution to the conflict. Turkey Mr. GEORGE MILLER of California. In this vein, I was very pleased to hear that is eager to join the EU, and the Turks of Cy- Mr. Speaker, reserving the right to ob- Turkish Cypriot leader Mr. Denktas has taken prus, isolated and living in poverty, look for- ject, I do not intend to object, and I positive steps to initiate a new process of dia- ward to sharing the benefits of EU member- yield to the gentleman to explain his logue and consultation. Last week, in a de- ship. One only has to look to the massive ral- request. tailed letter to Greek Cypriot Leader lies recently held by Turkish Cypriots in sup- Mr. LOBIONDO. Mr. Speaker, will the Papadopoulos, Mr. Dentkas proposed lifting all port of a resolution. gentleman yield? overseas trade, transport, travel and cultural Just today, the Greek and Turkish Prime Mr. GEORGE MILLER of California. activities from or to both parts of Cyprus. He Ministers met in Belgrade and agreed on the I yield to the gentleman from New Jer- also expressed his willingness to meet with need to reach a solution to the political prob- sey. Mr. Papadopoulos to discuss the core issues lem in Cyprus. The moment of truth is at Mr. LOBIONDO. Mr. Speaker, I rise of a comprehensive settlement. hand, and time is running short. The two com- tonight to offer, with the gentleman It is my understanding that Mr. Denktas’ munities should play an important role in the from California (Mr. GEORGE MILLER), proposal was not accepted by the Greek Cyp- efforts toward a solution and move their lead- a resolution honoring the 100th anni- riots. I agree with the Greek Cypriot sentiment ership to the negotiating table. versary of the Laborers’ International that talks should be concluded under the U.N. They must show genuine commitment to Union of North America and to con- framework. However, I am hopeful that Mr. forge an agreement on the terms of reunifica- gratulate their members on the union’s Denktas’ letter can be a catalyst to restart dia- tion. As the President of the Republic of Cy- many achievements over this century. logue and to achieve a comprehensive settle- prus recently stated: ‘‘Non-solution is not a so- On April 13, 1903, laborers from across ment. lution. It is not even the conclusion of the Cy- America rose to the challenge set forth As for Turkey’s role, which I know has been prus problem. On the contrary, it will mean the by American Federation of Labor criticized by some in Washington and Europe, beginning of new dangers and new problems. President Samuel Gompers to come to I am optimistic that Prime Minister Erdogan The eventual solution to the Cyprus problem Washington and to meet and form a and his government are truly committed to a will be a compromise. . . .’’ union to represent their interests. fair settlement on the issue. Mr. Erdogan has However, ‘‘If the solution is not functional it Made up of hardworking immigrants offered to bring Turkish and Greek Cypriots to- cannot be viable. If it is not viable it will not and minorities focused on construction gether ‘‘with the three guarantor countries, be permanent.’’ A solution cannot include the work, these workers formed the Labor- Turkey, Greece and Britain.’’ Furthermore, Mr. possibility of the permanence of division. After ers’ Union, and for 100 years, this union Erdogan and Foreign Minister Gul will be at- nearly 30 years, it is time for the bitter division has helped build America into the tending a Balkans summit in Belgrade this of Cyprus to come to an end. It is time for a strong Nation that it is today. week, where they will meet with Greek leaders peaceful, just, and lasting settlement to the The union also pioneered equal treat- to discuss steps to resolve the Cyprus issue. Cyprus problem. I am confident my colleagues ment on the job for all workers, regard- Mr. Speaker, it is going to take an even share this hope and I ask them to vote for this less of race, established union-led greater commitment from the United States resolution. training and career development cen- and the international community to a achieve Mr. BEREUTER. Mr. Speaker, I yield ters, and fought hard to improve work- lasting settlement of the Cyprus issue. I be- back the balance of my time. er safety.

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.082 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3015 In 1965, the Laborers’ Union officially today immigrants and minorities continue Resolved, That the House of Representa- changed its name to the Laborers’ to be the fastest growing segment of the tives— International Union of North America Union’s membership; (1) recognizes the 100th anniversary of the to show a growing diversification from Whereas, in 1920, the Laborers’ Union founding of the Laborers’ International backed efforts by African-Americans to win Union of North America and acknowledges construction into health care, food equal treatment in other United States labor the tremendous contributions LIUNA has service, shipbuilding, mail handling, as unions; made to the structural development and well as local, State and government Whereas by the late 1920s a boom in con- building of the United States and to the service. struction caused the Laborers’ Union mem- well-being of countless laborers; While the name of the union has bership rolls to approach 100,000, and during (2) congratulates the members and officers changed, the spirit and dedication of this period the merger and addition of three of the Laborers’ International Union of those laborers 100 years ago has neither other unions—the International Compressed North America for LIUNA’s many achieve- Air and Foundation Workers Union; the Tun- changed nor diminished, but instead ments and the strength of its membership; nel and Subway Constructors International and has grown into a mighty work force for Union; and the International Union of Pav- (3) looks forward to the continuation of a better America. I wish the hard- ers, Rammermen, Flag Layers, Bridge and LIUNA’s efforts and believes that LIUNA working men and women a very much Curb Setters and Sheet Asphalt Pavers—fur- will have an even greater impact in the 21st deserved happy 100th birthday, and I ther added to the Laborers’ Union’s size; century and beyond, enhancing the standard encourage them to keep up their im- Whereas the members of the Laborers’ of the living and work environments for fu- pressive work well into the future. Union provided crucial support to the Na- ture laborers. Mr. GEORGE MILLER of California. tional defense effort during World War II, and during the post-World War II industrial The resolution was agreed to. Mr. Speaker, continuing under my res- boom the Laborers’ Union began organizing A motion to reconsider was laid on ervation, I want to join the gentleman nonconstruction workers in the labor force; the table. in supporting this resolution congratu- Whereas, in 1950, the Laborers’ Union built f lating the Laborers’ International their own training center in Kansas City, GENERAL LEAVE Union for the 100th anniversary of the opening an era of high-quality training to founding of this union. help workers advance in their jobs and ca- Mr. LOBIONDO. Mr. Speaker, I ask Our resolution cites the grand his- reers by providing more opportunities for unanimous consent that all Members them and their families; tory of this union from its beginning, may have 5 legislative days within Whereas, in 1955, the Laborers’ Union af- which to revise and extend their re- when Samuel Gompers, the first presi- filiated itself with the AFL–CIO Industrial dent of the American Federation of Union Department in order to effectively marks on H. Res. 186. Labor, challenged laborers across the represent the 60,000 laborers working under The SPEAKER pro tempore. Is there country to coordinate their activities the jurisdiction of the Industrial Union De- objection to the request of the gen- into one cohesive unit; and in response, partment; tleman from New Jersey? 25 delegates from over 17 cities, rep- Whereas, in 1965, the Laborers’ Union offi- There was no objection. resenting 8,000 laborers, met in Wash- cially changed its name to the ‘‘Laborers’ f International Union of North America’’ ington, D.C., on April 13 in 1903. (LIUNA) to better reflect the continual ex- b 1945 From that date to this date, again pansion of the union beyond the construc- CONGRATULATING SYRACUSE UNI- the laborers meet in this city under the tion field; leadership of Mr. Terry O’Sullivan, Whereas, during the 1960s, LIUNA success- VERSITY MEN’S BASKETBALL their current president, to deal with fully organized municipal, State, and univer- TEAM FOR WINNING 2003 NCAA the issues confronted by this union. sity employees, and in 1968 added the 20,000 DIVISION I MEN’S BASKETBALL This is a union, if we look across the Mail Handlers Union to their ranks; NATIONAL CHAMPIONSHIP American landscape, that has simply Whereas, in 1970, intensive lobbying by Mr. WALSH. Mr. Speaker, I ask LIUNA and other unions resulted in the cre- built America. The laborers were there ation of the Occupational Safety and Health unanimous consent that the Com- first on most construction projects, be Administration; mittee on Education and the Workforce they public or private projects. It is a Whereas more than 3,000 LIUNA members be discharged from further consider- grand union that has undergone many worked round-the-clock to clean up the site ation of the concurrent resolution (H. reiterations in the past and rep- of the September 11, 2001, terrorist attacks Con. Res. 142) congratulating the Syra- resented many different kinds of work- on New York City, completing the clean-up cuse University men’s basketball team ers, but most of us know today it is the three months ahead of schedule and under for winning the 2003 NCAA Division I budget; hard-working members of the Laborers’ Whereas LIUNA currently consists of ap- men’s basketball national champion- International Union; and I want to ex- proximately 800,000 members in more than ship, and ask for its immediate consid- tend my congratulations. And I also 650 locals; eration. want to recognize the work of their di- Whereas LIUNA has long played a vital The Clerk read the title of the con- rector of legislative affairs, Don role in building the United States by concurrent resolution. Kaniewski, who does such outstanding structing highways, bridges, tunnels, sub- The SPEAKER pro tempore (Mr. work on Capitol Hill on behalf of the ways, dams, power plants, factories, office BASS). Is there objection to the request buildings, schools, churches, hospitals, and of the gentleman from New York? Laborers’ Union. apartment buildings and houses; Mr. Speaker, I withdraw my reserva- There was no objection. Whereas LIUNA members work in a vari- The Clerk read the concurrent reso- tion of objection. ety of fields such as local, State, and Federal The SPEAKER pro tempore. Is there government service, health care, mail han- lution, as follows: objection to the request of the gen- dling, custodial services, shipbuilding, food H. CON. RES. 142 tleman from New Jersey? service, and hazardous waste removal; Whereas on Monday, April 7, 2003, the Syr- There was no objection. Whereas LIUNA is one of the most innova- acuse University Orangemen men’s basket- The Clerk read the resolution, as fol- tive unions in the labor movement, with 69 ball team won its first Division I national lows: state-of-the-art training centers across basketball championship; North America, and is among the most suc- Whereas Syracuse University won the H. RES. 186 cessful unions at organizing within the labor championship game by defeating the Univer- Whereas Samuel Gompers, the first presi- movement; sity of Kansas Jayhawks 81–78; dent of the American Federation of Labor, Whereas LIUNA is an extraordinary union Whereas the Syracuse University team was challenged laborers across the country to co- whose leadership works hard to protect its led by freshman Carmelo Anthony, who was ordinate their activities into one cohesive members’ health and safety, to provide la- voted the Most Outstanding Player of the unit, and in response 25 delegates from 17 cit- borers a strong voice in the workplace and Final Four, and received outstanding effort ies—representing more than 8,000 laborers— extensive skill training designed to empower and support from Gerry McNamara, Billy met in Washington, D.C. on April 13, 1903; members to reach their full potential, and Edelin, Kueth Duany, Hakim Warrick, Craig Whereas after four days of meetings these perhaps most important, to ensure the dig- Forth, Jeremy McNeil, and Josh Pace; representatives formed the ‘‘International nity, respect, and security of laborers in the Whereas the roster of the Syracuse Univer- Hod Carriers’ and Building Laborers’ Union workplace; and sity team also included Tyrone Albright, of America’’ (Laborers’ Union); Whereas LIUNA’s efforts are deserving of Josh Brooks, Xzavier Gaines, Matt Gorman, Whereas the Laborers’ Union was started our attention and admiration: Now, there- Gary Hall, Ronneil Herron, and Andrew and built by immigrants and minorities, and fore, be it Kouwe;

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.138 H09PT1 H3016 CONGRESSIONAL RECORD — HOUSE April 9, 2003 Whereas Head Coach Jim Boeheim has Knowing Coach Boeheim personally, in the Nation this year. During the reg- coached at Syracuse University for 27 years as I do, I would like to congratulate ular season, Syracuse played Missouri and been involved with the Syracuse Univer- him sincerely today from the House at Syracuse and defeated them. A very sity men’s basketball team for more than half his life; floor. He is Syracuse basketball. good Missouri team, a well-coached Whereas Coach Boeheim had previously Coaching his alma mater for 27 years, team, talented team. In the tour- coached in two national championship and being part of Syracuse basketball nament, in the second game, they games, including a heartbreaking loss in for more than half of his life, this played Oklahoma State, one of the top 1987; championship is deserved not only for teams in the Nation, certainly one of Whereas Coach Boeheim and his coaching all of Syracuse’s supporters and com- the top teams in the Big 12, and de- staff, including Associate Head Coach Bernie munity but certainly for the coach feated them rather easily. The last Fine and Assistant Head Coaches Mike Hop- himself. Also deserving praise this three games of the tournament they kins and Troy Weaver, deserve much credit for the outstanding determination and ac- afternoon is Assistant Coach Bernie beat three of the best five teams in the complishments of their young team; and Fine, who has been with Jim Boeheim Nation and the three top teams in the Whereas the students, alumni, faculty, and for many, many years and the rest of Big 12, Oklahoma, Texas, and finally supporters of Syracuse University are to be the fine Syracuse coaching staff. Kansas. congratulated for their commitment and Syracuse’s championship team was This was a remarkable run through pride in their national champion men’s bas- led by Final Four Most Outstanding the tournament. They made us proud. ketball team : Now, therefore, be it Player, Freshman Carmelo Anthony, Everybody in our community is ex- Resolved by the House of Representatives (the Senate concurring), That the Congress— and with outstanding support from cited. It is a small community. Syra- (1) congratulates the Syracuse University Gerry McNamara; another freshman, cuse is a city of about 150,000 people. It men’s basketball team for winning the 2003 Bill Edelin; Kueth Duany, a senior; is sort of like Green Bay winning the NCAA Division I men’s basketball national Hakim Warrick, a sophomore; Craig Super Bowl. We have long winters, we championship; Forth, a sophomore; Jeremy McNeil have hardy souls who brave those cold (2) recognizes the achievements of all the and Josh Pace. This young team dem- days to go out, we have great fans, and team’s players, coaches, and support staff onstrated poise, presence, and pride in we have very spirited and talented ath- and invites them to the United States Cap- itol Building to be honored; their performance throughout the tour- letes. We are very proud of them. This (3) requests that the President recognize nament and all season long. is a great accomplishment for them the achievements of the Syracuse University This was really a fine year for this and a great accomplishment for our men’s basketball team and invite them to team, a very interesting team with community. the White House for an appropriate cere- great team chemistry. The first game Mr. Speaker, I reserve the balance of mony honoring a national championship of the year they lost to Memphis in the my time. team; and NIT preseason tournament. It was the Mr. TOWNS. Mr. Speaker, I yield my- (4) directs the Clerk of the House of Rep- only loss they had in the first 2 months self such time as I may consume, and I resentatives to make available enrolled cop- of the season. It was a young team that also rise to honor the Syracuse Orange- ies of this resolution to Syracuse University for appropriate display and to transmit an jelled very, very quickly, led by Fresh- men on winning the first-ever NCAA enrolled copy of this resolution to each man Gerry McNamara, Carmelo An- men’s basketball championship title. coach and member of the 2003 NCAA Division thony, who many believe is perhaps the I had Syracuse in the championship I men’s basketball national championship best basketball player in the country, bracket, and I am proud to say that I team. certainly the best freshman. But it was was on board on the bus before they The SPEAKER pro tempore. The gen- the chemistry of the team that was left Syracuse. I felt that they would be tleman from New York (Mr. WALSH) is really outstanding. able to do it. I did not wait until they recognized for 1 hour. Mr. Speaker, I would like to single got to Bourbon Street. I felt they Mr. WALSH. Mr. Speaker, for pur- out a couple of the individuals who did would be able to do it. poses of debate only, I yield the cus- not get a lot of credit during the year, I must admit that in 1996, I think it tomary 30 minutes to the gentleman but I think they deserve it. One is Bill was, they were in the Meadowlands and from Brooklyn, New York (Mr. TOWNS); Edelin, who is a young man who came they were playing Kentucky, and of pending which I yield myself such time to Syracuse University, made a mis- course we thought that Syracuse would as I may consume. take, and instead of getting negative be able to be successful that night. Mr. Speaker, I rise today to honor and sour, he took his medicine. He was Kentucky ended up winning, and Syra- Syracuse University’s Orangemen. suspended from the team. And when he cuse ended up finishing second. But Monday night, our university laid finally did come back, he missed the Coach Boeheim did not give up. He claim to the school’s first Division I stayed with it. He continued to recruit men’s basketball national champion- first 12 games of the year, but he con- and bring in great athletes; and, Mr. ship after defeating the University of tributed immediately when he came Speaker, I applaud the efforts of these Kansas 81 to 78 in a heck of a game. In back. He stayed positive, he stayed fo- young men and coaches and wish them addition to the players and coaching cused, and he did a remarkable job. staff, many deserve recognition, in- The other is Josh Pace, a young play- much success. As I think about the Syracuse team, cluding school administrators, faculty, er, a greatly talented player who did I am reminded of a team that Coach staff, alumni, students, and one of the not get a lot of playing time, but he most loyal fan bases in collegiate ath- stayed positive, he stayed focused, he Cal Irvin coached, because he reminds letics. practiced hard, played his role; and me so much of Coach Boeheim in terms Mr. Speaker, as you may know, Syra- when tournament time came, he lit it of his commitment and dedication to cuse has been to the Final Four before. up. He played great basketball. his athletes and to winning. Of course, Monday night’s championship game This team won all the tough road he had some great players. As Syracuse proved for Head Coach Jim Boeheim games this year. They beat Michigan had Carmelo Anthony, Cal Irvin had Al that the third time is the charm as his State at Michigan State, which is pret- Attles. And of course when I look at team came full circle to defeat the na- ty tough to do. That was an elite 18. the character and the attitude of the tional powerhouse of Kansas in the They beat Notre Dame at Notre Dame, players, I think about Carmelo An- Louisiana Superdome, avenging a a Sweet 16 team. And they beat thony and also the attitude of Al heartbreaking loss in 1987 to Indiana in Georgetown at Georgetown, and they Attles. the same facility. Preparing for a were an NIT finalist. In fact, the only And then I look at the other players championship match-up against a sen- team to beat Syracuse in the last 2 on the team that Cal Irvin had during ior-led Kansas team is not easy, and months of the year was Connecticut, those days: a guy by the name of Herb Coach Boeheim deserves much of the another Sweet 16 team. Very, very Gray, another guy by the name of Joe credit for his young team’s outstanding solid team. Howell, Hank Marshall, Charlie Har- determination and accomplishment. This was an interesting tournament, rison, Hugh Evans, Gerry Powell, and His team got back on defense and in that for Syracuse they had to play the list goes on. And then I look at the slowed down the Jayhawks’ ferocious all of the great teams out of the Big 12 Syracuse roster and I look at each fast break. out west, arguably the best conference player and I can sort of compare them

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.081 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3017 with those players that Cal Irvin had team has been winners. In its inaugural prowess was demonstrated earlier this back in those days, and they were out- season, Syracuse held opponents to a week, as anyone who knows basketball standing players. combined 51 total points and went on and loves the game of basketball recog- Let me just say that I think that to a winning record. That inaugural nized as being one of the best basket- Syracuse can be extremely proud of year was 1900, and the record was two ball games that any of us have ever their accomplishments. I know that wins and one loss; 103 years and 1,462 seen. It was played by two teams, each Coach Boeheim is proud. I met him wins later, the Syracuse basketball of which had great talent, and they many, many years ago. I was intro- team has reached the promised land: played with all their heart, each one duced to him by a gentleman by the NCAA national champs. wanting to win. name of Al Wooten, who was a football Head Coach Jim Boeheim has 653 of But it was the mighty Men of Orange player at Syracuse. He introduced me those wins over 27 seasons. That kind from Syracuse University who emerged to Coach Boeheim and said that Coach of record and longevity says something the victor, and tonight we share in Boeheim was a person that had a win- about this superior coach and decent their achievement and in their pride ning spirit and of course had a winning human being. He is a winner; no one and we take this opportunity, along attitude. And of course after 27 years can dispute that. As Casey Stengel with their Congressman, to offer our he has demonstrated that. Because would say, ‘‘You can look it up.’’ But deep congratulations for this terrific most people would not wait around for most of all he is a teacher, a man with effort. 27 years, but he did, and I think that he a proven ability to transform raw tal- Mr. WALSH. Mr. Speaker, I yield 5 needs to be applauded for that. Today, ent into skilled practitioners of the minutes to the gentleman from New with the competition being what it is, game. He does it with his measured and York (Mr. QUINN), a fine former basket- it is not easy to win a national cham- methodical and patient and persistent ball player from Siena University. pionship. But winning a national cham- approach. Yes, he is a winner, but that Mr. QUINN. Mr. Speaker, I want to pionship with quality players, with is a team endeavor. More than that, he begin by not only commending the Or- people that have character, I think is an inspired and inspiring teacher. angemen of Syracuse on their terrific that is the key. And we all know that is a solo act. And win this past week, but also to thank So I would say to Syracuse and to the that is what produces champions. the gentleman from New York (Mr. basketball team, you were able to win Further, he is the embodiment of an WALSH) who is probably, beyond all on the basketball court, now all you upstate New Yorker. He has remained people, more proud of his city of Syra- have to do is win in the classroom. And loyal to his school and loyal to his cuse and the university for not only I am certain that as a result of that, community. For 27 years, he and Syra- what they do on the athletic field, but you will do well in life. cuse have been synonymous. That loy- also academically, than any other per- I know someone mentioned earlier, alty and longevity, combined with hard son around. my friend, the gentleman from New work, have paid off big time, not just My district is probably as close to York (Mr. WALSH), that Carmelo An- Syracuse as the district of the gen- thony was probably the best freshman for Jim Boeheim and not just for Syra- tleman from New York (Mr. TOWNS) in in the country. I would like to say that cuse University, but for all who love the game and watch with admiration the Bronx, but that does not make us he is the best basketball player in the any less proud of what Syracuse ac- country, bar none. There is no doubt in and respect when the underrecognized and underappreciated come out on top. complished on their basketball team my mind. To watch him and to realize when they beat Kansas Monday night. he is a freshman and being able to do They got to that lofty position the old- They played the entire tournament the kinds of things he did, there is no fashioned way: they earned it. showing the youth and their opponents, doubt in my mind that he is the best Congratulations, Coach Boeheim and as they played them, that the notion basketball player in the NCAA today. Syracuse University. Pardon our pride, that seniors win championships is in- There is no question about it. but so many of us are bleeding Syra- I think the thing I really like about cuse orange; and we are all, in the correct. Led by super-freshmen Carmelo An- him is his character. He is a man who phrasing of that colorful commentator thony, Jerry McNamara and others, really is going to go places because he Dick Vitale, ’cuse crazy. has the right attitude. I think more Mr. TOWNS. Mr. Speaker, I yield 5 they allowed Syracuse and Coach young people need to have that kind of minutes to the gentleman from New Boeheim, after 27 years, his shining attitude today. If they had that kind of York (Mr. HINCHEY), who is a great moment as a national champion in the attitude, I think a lot more of them Syracuse fan and his district goes al- NCAA. I have had to listen in my office to would be much more successful. So I most to Syracuse, New York. salute Carmelo Anthony for dem- Mr. HINCHEY. Mr. Speaker, I thank two Syracuse grads, Mike Tetuan and onstrating to other young people in the my friend, the gentleman from New Katy Carter, all year long about how world that you can have the proper at- York (Mr. TOWNS), for yielding me this often they are going to win; and I titude and still be good at what you do. time; and I also want to express my ap- thought that this win by Syracuse Mr. Speaker, I reserve the balance of preciation to my good friend and col- would put all of that to rest, and I my time. league, the gentleman from New York would not have to hear the compari- Mr. WALSH. Mr. Speaker, I yield (Mr. WALSH), for bringing this resolu- sons of that other super-college power such time as he may consume to the tion to the floor this evening so that in Upstate New York, Siena College. gentleman from New York (Mr. BOEH- we can have an opportunity to con- However, on the opposite side, what LERT), my next-door neighbor from gratulate this wonderful basketball this win has done is not quieted them Utica and a Syracuse University grad- team. down; that is all I hear from these two uate. We all recognize and admire the very staffers now, that their young team (Mr. BOEHLERT asked and was given justified pride that our colleague, the will be back again and again. permission to revise and extend his re- gentleman from New York (Mr. We hope that they are back because, marks.) WALSH), feels in this basketball team down the road, we are hoping that this Mr. BOEHLERT. Mr. Speaker, I from the university that bears the win and this kind of enthusiasm moves thank the gentleman for yielding me name of his hometown. But all of us in down the Thruway to Buffalo for our this time. New York share in that pride as well. NFL Bills this coming season, and we Who would have thunk it? The Syra- Syracuse University is not a very large can bring the NFL championship back cuse Orangemen, not even rated in all school, by some of the national stand- to our great city. the preseason polls, are national cham- ards; but it is a university in which we Syracuse, the Salt City, like Buffalo, pions. And they provided a thrill a all share a great deal of pride. which I represent, are sometimes minute as they made the journey from known for two things: snow and snow. being out of sight and out of mind to b 2000 Some people ask, Why would young number one. It is a university that is known for men and women go to Syracuse to play Ever since its first season, the Syra- its academic achievements and for its basketball? And as Steve Thompson, a cuse University’s men’s basketball athletic prowess, and that athletic former Syracuse basketball player

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.143 H09PT1 H3018 CONGRESSIONAL RECORD — HOUSE April 9, 2003 liked to say, ‘‘It never snows in the I really feel that the Syracuse team We lost to Indiana back in 1987, a last- Carrier Dome.’’ was an outstanding team, and it shows second shot by Keith Smart. Every- For many years, I have said that what can be done when you work real body in Syracuse knows where they Coach Boeheim is probably the best re- hard. were when Keith Smart made that cruiter in the United States to get I was just comparing Coach Boeheim shot. It was a defining moment. But to great players to Syracuse, New York, with Coach Cal Irvin, who coached have this team go back to the Super- inside that dome on a Saturday after- North Carolina A&T University for dome and to see that last-second shot noon, where I have been many times, many, many years, how he always by the Kansas player, Lee, from the sometimes with the gentleman from stressed working hard. When I look at same spot that Keith Smart let that New York (Mr. WALSH), where Coach the results of the Syracuse team and I shot go from, it just shows there is jus- Boeheim has 30,000 people on a Satur- look at the results of the North Caro- tice in this world. day and takes down those Big East op- lina A&T team from many, many years The team chemistry was terrific. ponents, people outside the conference, ago, I can see the similarities between These young people did not know how and comes home a winner. the two teams, the coaches as well as good they were, but they found out. The answer why people would want the players. I think that today means The country had no idea how good they to go to Syracuse to play basketball is more than anything else. were, but the country found out. Their more simple than ever now, because Al Attles is one of the finest individ- egos did not get in the way. They Syracuse is the 2003 National Cham- uals I have ever met, and they tell me, played team basketball. The coach had pion, headed by the longest-tenured and from what I have seen and heard, them playing together beautifully, and coach in the NCAA, Jim Boeheim, and that Carmelo Anthony is the same everyone up home is enjoying it. supported by alumni and fans every- kind of individual. When I look at the I wanted to come before the House where, including Buffalo and western outstanding players he had, going right and take the privilege that I have to New York. We believe what Jim be- down the roster, I think this is what it share that moment. My family is tied lieves in, that Syracuse is where basis all about today, having players that up inextricably with Syracuse. My fa- ketball ended this year, and it is where have character, having players that un- ther was the mayor of Syracuse. He it will start next year. derstand how important it is to follow was a Member of Congress from Syra- I am proud to add the voice of all of rules and regulations. cuse. I am second generation. I am our friends and neighbors in western I am hoping that all of the young from Syracuse. New York to the voice of the gen- people in America were able to look at Somebody said a long time ago that tleman from New York (Mr. WALSH) as them and see in terms of the type of at- victory has a thousand fathers, loss is a proud New Yorker, and say congratu- titude that they demonstrated in this an orphan. There are thousands of fa- lations to the team, the staff and uni- play that night as they won the cham- thers and mothers and brothers and sis- versity, and most importantly, to pionship. They won it with pride. They ters who are enjoying the heck out of Coach Boeheim for a job well done. were proud. They were not people who this week. I hope they continue to Mr. TOWNS. Mr. Speaker, I yield my- were always arguing with the referees enjoy it for a long time to come. We self such time as I may consume. and arguing with each other. I think may never get a championship season Mr. Speaker, let me say that basi- when teams work together, it shows again. We may get one next year, or in cally a lot of my friends in particular what they can accomplish. 15 or 20 years. The fact is, we have one thought that Syracuse was going to Mr. Speaker, I yield back the balance now; let us enjoy it and thank God for lose. After watching Kansas destroy of my time. it. Marquette, they felt if Kansas could Mr. WALSH. Mr. Speaker, I yield my- Mr. Speaker, I yield back the balance destroy Marquette that way, Syracuse self the balance of my time. of my time. has no chance. But they did not realize Mr. Speaker, I would like to thank The SPEAKER pro tempore (Mr. that Coach Boeheim was able to make all of my colleagues from all across the BURGESS). Without objection, the pre- adjustments and basically shut down State who came here this evening to vious question is ordered on the con- the fast break for the first half because enjoy this pleasurable event. It has current resolution. of the fact that he was able to get been a little time to gloat perhaps, cer- There was no objection. back, and he stressed it with his team. tainly enjoy and bask in the glow of The SPEAKER pro tempore. The So as a result of making adjustments, victory. question is on the concurrent resolu- he proved one thing, that he is one of New York State from time to time tion. the greatest coaches in the country has these upstate-downstate dif- The concurrent resolution was agreed today. ferences. Clearly there is no difference to. I think that any time a coach can here. We have Brooklyn and Hudson A motion to reconsider was laid on make those kinds of adjustments and Valley and Buffalo and Utica, Syra- the table. shut down a fast break like Kansas cuse; all of the way across the State, had, that shows that they know what people have been very supportive. The f they are doing. East Regional Tournament was in Al- I would like to salute Coach Boeheim bany, and they turned Albany orange. GENERAL LEAVE for his outstanding leadership and the It has been a great run for our school fact that he was able to make the ad- team. Mr. WALSH. Mr. Speaker, I ask justment and show that coaching is This is a championship season. It is unanimous consent that all Members very, very important. I want to salute something that not everyone gets to may have 5 legislative days within him for that, and also to say to him, in enjoy. which to revise and extend their re- terms of his players, it is always good I had a daughter who played on a marks and include extraneous material if you have players that will respect State championship soccer team in on H. Con. Res. 142. you and will follow your lead, as his high school, and there is a special feel- The SPEAKER pro tempore. Is there players did. It was very obvious that ing that comes from that, not just for objection to the request of the gen- they listened to him and made adjust- the players and the coaches, but for the tleman from New York? ments, and as a result, they were suc- community, for the people who There was no objection. cessful. I would like to salute him for watched them and suffered their losses f that. and bit their fingernails and turned Mr. Speaker, I reserve the balance of their knuckles white when they had my time. close calls. This really unified our SPECIAL ORDERS Mr. WALSH. Mr. Speaker, I have no town. The SPEAKER pro tempore. Under further requests for time, and I reserve Syracuse has had this basketball tra- the Speaker’s announced policy of Jan- the right to close. dition for over 100 years, but we have uary 7, 2003, and under a previous order Mr. TOWNS. Mr. Speaker, I yield my- never gotten to the national champion- of the House, the following Members self 2 minutes. ship and won it. We have been there. will be recognized for 5 minutes each.

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.145 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3019 SUPPORTING AMERICAN PARITY enough money to build a road from the war in Iraq and the humanitarian needs of ACT New York to California as it relates to the Iraqi people. It is absolutely essential that The SPEAKER pro tempore. Under a Iraq; yet we are cutting our investment Congress and the Administration provide our previous order of the House, the gen- here in America. In the area of other soldiers with the resources they need to see tleman from Illinois (Mr. EMANUEL) is infrastructure, there will be complete the Iraqi conflict through to its conclusion. recognized for 5 minutes. reconstruction, the only deep-water Equally indispensable is the United States’ port in Iraq. In America our Corps of GENERAL LEAVE responsibility to play a key role in providing Engineers’ budget will be cut by 10 per- Mr. EMANUEL. Mr. Speaker, I ask the funding necessary to the rebuilding of Iraq cent under the administration’s budget unanimous consent that all Members once the war is over. The goals outlined in and under the budget passed by this may have 5 legislative days within President Bush’s recently released reconstruc- Congress. which to revise and extend their re- tion plan for Iraq—paying for Iraqis’ health I support the reconstruction in Iraq. care services, education, transportation, and marks on the subject of my special I think it is the right thing to do given order. housing for millions of people—these are what we have done there, what we need noble goals that will need to be met as soon The SPEAKER pro tempore. Is there to do, the future we have to promise objection to the request of the gen- as the last shot is fired. the Iraqi people; yet that should not But no less urgent are the needs we are tleman from Illinois? come at the expense of the dreams of There was no objection. facing today, right here at home. These are America’s families. Mr. EMANUEL. Mr. Speaker, tomor- difficult times. More and more Americans are This lays out every proposal that ex- row I will introduce the American Par- out of work—their families without health in- ists for Iraq versus what the budget the surance. Many of our public schools are lit- ity Act which provides for American President and the Republican Congress families, just as the supplemental ap- erally falling down. And we have homeland se- proposed for America. I do not believe curity and other serious infrastructure needs propriations which we approved last that the way we greet our soldiers week provides for Iraqi families. It is that we can no longer afford to ignore. when they come home is a smaller That is why Congressman EMANUEL’s bill is simple, straightforward and fair. I al- American dream, one that does not in- ready have 16 original cosponsors on so important. The American Parity Amend- vest in healthcare, one that does not ment would increase funding for urgent needs the legislation. invest in America’s schools, one that Last week in the supplemental we right here at home by $1.7 billion. We are talk- does not invest in America’s roads, one ing about critical investments in education, in provided $1.7 billion for the reconstruc- that does not invest in America’s hous- tion of Iraq. All we are asking for first responders and health care. Investments ing. in transportation and water infrastructure, in today is the same for America. The In the last 3 years, the last 2 years, social services for seniors, and housing for same goals that we establish for Iraq, America has shed 2.5 million jobs, over low-income Americans—all of them crucial to we establish for American families 1 million manufacturing jobs. Four rebuilding our country and revitalizing our here at home. I have gone and looked million more Americans have gone economy. at some of the plans that the adminis- without healthcare who used to have What we are saying today is that it is impor- tration has for Iraq, post this war. healthcare. Nearly $1 trillion worth of tant that we win the war and rebuild Iraq, but In Iraq, we are planning 20,000 units corporate assets have been foreclosed at a time when so many Americans are strug- of housing to be reconstructed. Yet in on, and 2 million Americans have gone gling, America is in need of a little post-war re- the budget approved by this body, we from the middle class to poverty. That construction, too. have only 5,000 units of housing has been the economic agenda and the Since passage of the President’s tax bill two planned for America: 20,000 for Iraq and economic record of this administra- years ago, two and a half million more Ameri- 5,000 for America. Under education, tion. As Ronald Reagan used to say, cans have lost their jobs, with the number of there will be 4 million Iraqi children facts are stubborn things, and those Americans without health insurance rising by guaranteed early childhood education. are our facts. Yet in the budget approved by this In my view maybe what we should do four million. A trillion dollars worth of corporate body for American families, we are cut- for Iraq is to cut their capital gains tax assets have been foreclosed on, and two mil- ting 28,000 children from Head Start. and see if they can grow their way out lion Americans have moved from the middle class into poverty. b 2015 of this problem. If cutting taxes are so great for America, why do not we use And so in this legislation, states and local- Twelve thousand and five hundred that as the economic program for Iraq ities would be eligible for funding according to schools will be deprived of basic books and bring all those investments home their level of unemployment and how high it is and supplies; yet in America teachers to America? Since it seems to be that compared to the national average, in addition have to take out of their wages the dol- the agenda and the strategy for Iraq is to factors such as how long that state’s unem- lars to buy supplies for their kids. to invest in its schools, invest in its ployment rate has been that high, how large Twenty-five thousand schools will be roads, invest in its housing, and invest the state’s population and what the average reconstructed in Iraq; in America the in its healthcare which will give Iraqi income is. This bill is designed to target the budget provides not a single dollar for families a better future than the past most vulnerable regions in the nation so that modernizing American schools, and 40 and in America we are going to get tax the funding is put to its best possible use. educational programs here in America cuts on capital gains and tax cuts dedi- Those localities are also under great pres- have been zeroed out by the adminis- cated to the wealthy, why do we not sure to meet their increasing homeland secu- tration’s budget. give Iraq the tax cuts and get all these rity needs. Cities and towns have already Under the area of healthcare for Iraq, investments back here at home since it spent more than $3 billion on homeland secu- let us look at the agenda for Iraq’s is supposed to be a promising future for rity improvements since September 11. But healthcare. Thirteen million Iraqis, the Iraqi people? with states experiencing their worst fiscal crisis half the Iraqi population, will be given Again, I want to be clear. I am going since World War II, it is altogether unlikely that universal healthcare. In America we to support the reconstruction of Iraq, these localities can count on their states to as- have 50 million uninsured, not a single but I will not support the two budgets, sist them with meeting these needs. dollar dedicated to the working unin- the supplemental and the budget the In fact, two weeks ago I met with first re- sured in America. Every major city in President has laid down for America, sponders in my district to talk about their prob- Iraq will get a hospital. We will have one that offers a brighter future for the lems. Fire chiefs, police chiefs, and mayors, 100 percent maternity coverage for the Iraqi people than it does for the Amer- they all agreed on one thing—they are des- Iraqi women; yet we are cutting $100 ican people. Either America will be perate for funding to upgrade equipment and billion from Medicaid where one out of brought up to Iraq’s standard or Iraq to train volunteers on how to use that new three children are covered at birth. will come down to America’s standard. equipment. The $4.25 billion in homeland se- That is in the healthcare area. Ms. DELAURO. Mr. Speaker, I would like to curity funding in the supplemental this body Under infrastructure, 3,000 miles of thank my colleague, Congressmen EMANUEL passed last week is a good first step, but we roads for Iraq; yet we are cutting $6 for his leadership on this important issue. need to do more, which is why this legislation billion from our Highway Construction I think all of us can agree on the urgency is so sorely needed. It will get funds into the Budget and Trust Fund. We have with which we need to provide funding for both hands of the first responders who need them.

VerDate Jan 31 2003 05:12 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00079 Fmt 7634 Sfmt 9920 E:\CR\FM\K09AP7.148 H09PT1 H3020 CONGRESSIONAL RECORD — HOUSE April 9, 2003 I am proud that we will take the lead in re- say to little Megan tonight, the pre- to health services, not one new dollar building Iraq, but like so many Americans, I cious little girl that will have to grow is spent on 42 million uninsured Ameri- think it is time that we rebuild America, too. up without her father, that your daddy cans. While Iraq will have nearly 3,000 We want our troops who are bravely serving was serving his country and he was miles of their major roads repaired, the our country abroad to come home to a revital- doing what needed to be done for little Republicans cut the American Trans- ized economy—to an America that is stronger children just like you, Megan. portation budget by $6 billion. And per- and more prepared to meet the many chal- I want Megan to know that her dad is haps most outrageously, while we pay lenges before us. a hero. I want her to know that he was to rebuild or renovate 25,000 Iraqi None of us are under any illusions about the doing a job that was extremely hard to schools, the Republican budget con- magnitude of those challenges. But we owe it do, and he was doing it willingly, and I tains not one dime for school construc- to our troops and their families to be equally am sure he was well aware that there tion or modernization in the United as realistic about the challenges that we face were sacrifices to be made. So tonight, States. Indeed, Mr. Speaker, we do not right here at home. Again, I would like to Megan, I want to say to you that your even have a school construction and thank my colleague for his leadership on these daddy laid down his life for others, es- modernization program in this coun- issues. pecially little children like you. try. The Republicans keep voting it down. Meanwhile, here in the Alice in f The Scripture says that our God will be a Father to the fatherless, and I just Wonderland House of Representatives, The SPEAKER pro tempore. Under a the Republicans are insisting, insist- previous order of the House, the gen- pray a special blessing on your little life, Megan, that God will bless you and ing, on keeping their $750 billion tax tleman from Indiana (Mr. BURTON) is giveaway to the wealthiest Americans. recognized for 5 minutes. your family, and I want you to always remember that your daddy was a hero Tax cuts for the wealthy while our def- (Mr. BURTON of Indiana addressed icit is exploding, while veterans’ bene- the House. His remarks will appear and we love our soldiers who serve this country, who lay down their lives. fits are slashed, while millions of hereafter in the Extensions of Re- Americans lose their jobs, while States marks.) f are facing their worst fiscal crises f The SPEAKER pro tempore. Under a since World War II, while millions of previous order of the House, the gentle- ORDER OF BUSINESS seniors struggle to pay for their pre- woman from Connecticut (Ms. scription drugs, while local commu- Mrs. MUSGRAVE. Mr. Speaker, I ask DELAURO) is recognized for 5 minutes. nities across the country are laying off unanimous consent to take my special (Ms. DELAURO addressed the House. police officers and teachers and fire- order at this time. Her remarks will appear hereafter in fighters. The SPEAKER pro tempore. Is there the Extensions of Remarks.) Mr. Speaker, the priorities of the ma- objection to the gentlewoman from f jority leadership of this House are just Colorado? wrong. I am pleased to be an original There was no objection. THE AMERICAN PARITY ACT co-sponsor of the gentleman from Illi- f The SPEAKER pro tempore. Under a nois’ (Mr. EMANUEL) bill, the American previous order of the House, the gen- Parity Act, which attempts to restore HONORING RANDY REHN tleman from Massachusetts (Mr. some balance to our budgetary process, The SPEAKER pro tempore. Under a MCGOVERN) is recognized for 5 minutes. and I believe that this bill is a better previous order of the House, the gentle- Mr. MCGOVERN. Mr. Speaker, I am expression of the priorities of the peo- woman from Colorado (Mrs. MUSGRAVE) pleased to rise to join the gentleman ple I represent in Massachusetts. In- is recognized for 5 minutes. from Illinois (Mr. EMANUEL) and my deed, I think it is a better expression of Mrs. MUSGRAVE. Mr. Speaker, this other colleagues to talk about some of the priorities of the majority of people week I had to do the hardest thing that the choices that we now face in this in this country. I have done since I have been in Con- country as illustrated by this chart. I It is important for us to live up to gress. In our offices, in the rooms that know that all of us were pleased to see our promises to help the Iraqi people. we go into even for our hearings, the the reaction by the people of Baghdad America must be a Nation that keeps images of the war are on the TV. We today as the regime of Saddam Hussein its word, and we will, as this chart have seen them now day after day. But crumbles. I know that all of us are so points out, and as we voted last week this week those images became very proud of the men and women of our by approving the supplemental appro- personal to me. I received word that Armed Forces who have conducted priations billing. For example, also, as one of my constituents, Randy Rehn, themselves with courage and char- co-chair of the Congressional Hunger from Longmont, Colorado, a young acter. And while it is certainly true Center, I am especially concerned that man serving his country in Iraq, lost that many difficult and dangerous days the necessary food and other humani- his life. When I got the news, I wanted may lie ahead, it is important that as tarian assistance gets to the Iraqi peo- to call Randy’s family and offer my a Congress and as a country, we now ple who need it as quickly as possible, sympathy. And when Randy’s mother begin to think about the future. and we need to be there to make sure answered the phone, I got a lump in my We have made a promise to the peo- that that happens. We must rebuild throat that would not go away. I have ple of Iraq that we will not abandon Iraq, but we must rebuild America as a son about that age, and I thought of them, that the United States will con- well, and I will continue to work with what his mother was feeling at that tinue to provide security and help my colleagues on both sides of the aisle time, and as I talked to her, she told them to rebuild their country. We must to make sure we do that. me that just 2 short years ago she lost and we will fulfill those promises. But, Mr. Speaker, we can do much better Randy’s father to cancer and so she Mr. Speaker, what about the promises for the people of this country than the was facing this crisis without him, but made to the American people? After Republican budget puts forward. Our she said she was very thankful that her all, American soldiers are fighting this people in this country deserve the same other children were there with her and war and the American taxpayers are attention to the issues of education, were supporting her. funding it. Does it not make sense that healthcare, infrastructure, transpor- When we think about these losses, the American people should not be for- tation that we are giving to the people this war becomes very real to us. As I gotten in all of this? of Iraq. Again, we support rebuilding talked on to Randy’s mother, she told Last week this Congress approved Iraq. We support keeping our promises, me that he had a little daughter who is $1.7 billion to fund the rebuilding of but we are also insisting that we keep less than 1 year old. And tonight I Iraq from schools to roads and bridges our promises to the American people. would like to speak to little Megan, to hospitals to clean water, $1.7 billion. f and I would like to say some things to Meanwhile, in the Republican budget The SPEAKER pro tempore. Under a her that will mean something to her for 2004, the American people are being previous order of the House, the gen- when she is older and she can read this shortchanged. While Iraq will receive tleman from Michigan (Mr. MCCOTTER) and she can understand. I would like to hospitals, maternity care, and access is recognized for 5 minutes.

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.085 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3021 (Mr. MCCOTTER addressed the the disabled children in this country subjects. This action against the Arme- House. His remarks will appear here- are not getting the full 40 percent that nian community’s elite marked the be- after in the Extensions of Remarks.) was promised, and worse yet, we are ginning of one of the most horrendous f cutting veterans’ benefits by $28 bil- events in the history of humankind. lion. So we are sending our soldiers Two weeks from now, Armenians will ORDER OF BUSINESS out, asking them to achieve these gather worldwide to remember their Mr. RYAN of Ohio. Mr. Speaker, I goals, and when they come back, they martyrs and survivors and to seek uni- ask unanimous consent to take my spe- are going to have $28 billion less in versal affirmation of this crime against cial order at this time. services and healthcare benefits that humanity. Because we are out of ses- The SPEAKER pro tempore. Is there will be a smaller and more diminished sion this year on April 24, I would like objection to the gentleman from Ohio? American dream for our soldiers when to comment on the Armenian Genocide There was no objection. they return back to this country. tonight. I do so to honor the memory f Mr. Speaker, this is a question of pri- of those innocent victims killed for IN SUPPORT OF THE AMERICAN orities. This is the wealthiest country only one reason, because they were Ar- PARITY ACT on the planet. menian. One and a half million men and The SPEAKER pro tempore. Under a b 2030 women, young and old, able-bodied or previous order of the House, the gen- This is the freest society on the plan- not, were driven from their ancestral tleman from Ohio (Mr. RYAN) is recog- et. If we want to create democracy in homeland and brutally massacred. nized for 5 minutes. Iraq, we will. If we want the young Mr. Speaker, this week over 160 Mem- Mr. RYAN of Ohio. Mr. Speaker, I school children to have 12,500 more bers of the House of Representatives, rise today in support of the American schools, enroll 4 million more children, including myself, will send a letter to Parity Act sponsored by the gentleman rebuild or renovate 3,000 schools, we President Bush asking that he fulfill from Illinois (Mr. EMANUEL), and I will, because we have the power and his campaign promise and use the word would like to thank him for his leader- the ingenuity and the spirit to make it ‘‘genocide’’ in his annual April 24th ad- ship on this particular piece of legisla- happen. But we should not do it at the dress. He fell short of that promise last tion and also thank the gentleman expense of the people and the children year, but with this strong showing of from Massachusetts (Mr. MCGOVERN) of this country, the veterans of this Congressional support it is my hope for articulating such a fine point that country, the seniors of this country, that he will do the memory of the vic- none of us here believe that we should the disabled children in this country. tims of the Armenian Genocide justice somehow rob the Iraqi people from the This is eerily similar to the adminis- in this year’s address. taste of democracy or from the taste of tration of 1990 and 1991, where we have In addition, Mr. Speaker, tomorrow, a free society. But the argument that completely taken our eye off the do- more than 60 of my colleagues will join we are trying to make tonight is that mestic ball and we keep it on foreign the gentleman from California (Mr. we want this to happen. We want policy at the expense of the American RADANOVICH), the gentleman from Cali- healthcare for the Iraqi people. We people. And we are over there because fornia (Mr. SCHIFF), the gentleman want infrastructure. We want schools. we believe in the Iraqi people. We be- from Michigan (Mr. KNOLLENBERG) and We want them to read and experience lieve that when the sweet taste of de- myself in introducing a resolution on all the best that the democracies have mocracy touches their lips, that they the issue of genocide. This resolution to offer around the world. But we can- will respond in kind. reaffirms the support of the ratifica- not do this, we should not do this, and But let me just say this in closing, tion of the Convention on the Preven- forget along the way the priorities of Mr. Speaker, that maybe if we were tion and Punishment of the Crime of the United States of America and the making the investments in this coun- Genocide and anticipating the 15th an- citizens that we have here. try and gave the faith and the devotion niversary of the enactment of the I want to share with the American to the people of this country, like we Genocide Convention Implementation people here tonight a study that was have for the citizens of Iraq, maybe one Act of 1987. recently done by Goldman Sachs, not day the citizens of the United States of This resolution is an extremely im- exactly a liberal think tank. They said, America will be up cheering in the portant and timely measure, in my and this is their forecast, if the Presi- streets, saying yes, our government is opinion. It not only speaks to the im- dent’s proposed new tax cuts are en- responding to the needs of the people of measurable wrongs done to the Arme- acted, a Medicare prescription drug this country. nian people, but also to the Jewish peo- benefit approved, the alternative min- ple during the Holocaust and the geno- imum tax adjusted, and appropriations f cides in Rwanda and Cambodia. In the grow modestly, the deficits over the The SPEAKER pro tempore (Mr. last two years, we have all seen exam- next 10 years will total $4.2 trillion. BURGESS). Under a previous order of ple after example of the disregard for And that is if the Social Security sur- the House, the gentleman from North human life. This resolution would reaf- plus is included. If it is not included, Carolina (Mr. JONES) is recognized for 5 firm that Congress recognizes the hor- the deficit would be $6.7 trillion. minutes. rors of the last century, and strives to The gentleman from Illinois (Mr. (Mr. JONES of North Carolina ad- prevent further genocides through vigi- EMANUEL) suggested maybe we offer dressed the House. His remarks will ap- lant education. this tax cut to the people of Iraq and pear hereafter in the Extensions of Re- Mr. Speaker, the message of the allow them to grow their economy, but marks.) broad, bipartisan support of the letter the problem with the tax cuts and hav- f to the President and the legislation is ing normal priorities is that the bur- clear: Turkey must recognize the geno- dens with the baby boom generation REMEMBERING THE ARMENIAN cide of its past and accept that Arme- needing support in their later years, GENOCIDE nia is an integral and necessary sov- the children and grandchildren of the The SPEAKER pro tempore. Under a ereign neighbor. It must drop the ille- citizens of this country’s payroll tax previous order of the House, the gen- gal blockade against Armenia and es- will be 33 percent, 33 percent payroll tleman from New Jersey (Mr. PALLONE) tablish full and normal diplomatic and taxes for their children and grand- is recognized for 5 minutes. economic relations. Reconciliation children, long-term deficits. We will Mr. PALLONE. Mr. Speaker, April 24 with its past and normalization of rela- not be investing in alternative energy will mark the 88th anniversary of the tions with Armenia is the only way for sources. We are going to raise the in- beginning of the Armenian Genocide. Turkey to step out of the dark shadows terest rates. We are going to raise the On April 24, 1915, 250 Armenian intel- of its history of genocide. The entire interest payments. We are going to tie lectuals and political leaders were ar- western world, which Turkey so desires our hands with the international prob- rested and later executed as the rulers to be part of, demands it. lems that we need to be committed to. of the Ottoman Empire implemented Mr. Speaker, let me say in conclu- We are not fully funding IDEA where their plan to eradicate their Armenian sion, as we embark on a new century,

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.154 H09PT1 H3022 CONGRESSIONAL RECORD — HOUSE April 9, 2003 we must make sure that we have Mr. BILIRAKIS. Mr. Speaker, I rise today to However, it is only through the painful process learned the lessons of humankind’s ca- join my colleagues in commemorating one of of acknowledging and remembering that we pacity for brutality, and combat this the most appalling violations of human rights can prevent similar iniquity in the future. with truth about the past, compassion in all of modern history—the eighty-eighth an- The survivors of the Armenian genocide and for our common man, and a refusal to niversary of the Armenian genocide. I want to their descendants have made great contribu- let these crimes against humanity be commend my colleagues Representatives JOE tions to every country in which they have set- repeated. KNOLLENBERG and FRANK PALLONE, the co- tled, including the United States where they We must remember and learn from chairs of the Congressional Caucus on Arme- have made their mark in business, the profes- tragic events the tragic events that be- nian Issues, for once again sponsoring this sions and our cultural life. fell the Armenians. That is the only special order. In closing, I would like to ask that we all way we can be certain that this hor- Each year, we join the world in the com- take a moment to reflect upon the hardships rific event, which almost destroyed one memoration of the Armenian genocide be- endured by the Armenians, and acknowledge of the oldest cultures on the planet, cause the tragedy of lost lives through ethnic that in the face of adversity, the Armenian does not happen again. cleansing must not be forgotten. By remem- people have persevered. Today, we com- Mr. WEINER. Mr. Speaker, between 300 bering the bloodshed and atrocities committed memorate the memories of those who lost and 1,000 people were killed in attacks on against the Armenian people, we hope to pre- their lives in the genocide, as well as the resil- more than a dozen villages in northeastern vent similar tragedies from occurring in the fu- ience of those who survived. Congo last week. According to witnesses on ture. Mr. CROWLEY. Mr. Speaker, April 24—two the ground, the coordinated attacks started On April 24, 1915, 300 Armenian leaders, weeks from today—will mark the 88th anniver- with a whistle blow and lasted between five scholars, and professionals were gathered, sary of the Armenian Genocide, when the gov- and eight hours. UN and International Red deported, and killed in Constantinople. Later ernment of Turkey systematically massacred Cross observers say that they have witnessed that day, 5,000 more Armenians were butch- 1.5 million Armenians and exile over one mil- the results of the killing, 20 mass graves. ered in their homes and on the streets of the lion more. This unanswered event set a histor- Mass killings such as this have become a city. By 1923, two million men, women, and ical precedent that has allowed governments regular occurrence in the Congo Civil War, children had been murdered and another to continue to commit crimes against humanity which killed more than 50,000 last year. Yes- 500,000 Armenian survivors were homeless without remorse or punishment. While we are terday, up to one thousand people were killed and exiled. The Armenian genocide was the fighting a war in Iraq, I believe that now is the in the span of a few hours, yet these stories first of the twentieth century, but unfortunately time for our government to formally recognize don’t even make the front page of the papers as we all know, it was not the last. the Armenian Genocide and to send a strong here in the States. Talat Pasha, one of the Ottoman rulers, message to the world that crimes against hu- How many people have to die before we will stated that the regime’s goal was to ‘‘thor- manity will not be tolerated. That is why I am take action? How many lives need to be shat- oughly liquidate its internal foes, the indige- proud to be an original cosponsor of the Con- tered before we will stand up and say, nous Christian.’’ The regime called the mass gressional Genocide Resolution, which is ‘‘Enough!’’ How many more massacres can murder a mass relocation, masking its horren- scheduled to be introduced tomorrow morning. we sit by and watch before we will realize our dous acts from the rest of the world. The Otto- This resolution commemorates the 15th anni- mistakes? The United States’ failure as a world leader man Empire was fully aware that the possi- versary of the U.S. implementation of the in human rights is demonstrated in our lack of bility of foreign intervention was minimal con- Genocide Convention and includes the events will to stop massacres that have occurred in sidering the world was preoccupied with World of the Armenian Genocide, Cambodia, Rwan- places like Congo, Kosova, Rwanda, Iraq, and War I at the time. da, and the Jewish Holocaust as examples of many others. But it is also seen in our denial However, the massacre was immediately crimes against humanity that should never be of those massacres that we know have taken denounced by representatives from Britain, forgotten. place. France, Russia, and the United States. Even Additionally, I have also joined over 150 Every year since I was elected to Congress, Germany and Austria, allies of the Ottoman other members of Congress in signing a letter I have joined my colleagues in the House of Empire in the first World War, condemned the to President Bush urging him to properly rec- Representative to hold this annual vigil com- Empire’s heinous acts. ognize the Armenian Genocide. memorating the Armenian Genocide for a sim- Henry Morgenthau, U.S. Ambassador to As a member of the International Relations ple reason, because there are those out there Constantinople at the time, vividly documented Committee, and representing a district with a who deny that it ever occurred. the massacre of 1.5 million Armenians with large Armenian-American community, I believe Eighty-eight years ago, on April 24, 1915, the statement, ‘‘I am confident that the whole that the United States must continue to help the government of the Ottoman-Turkish Em- history of the human race contains no such the government in Yerevan to guarantee its pire rounded up approximately 600 leaders horrible episode as this. The great massacres security, develop its economy and infrastruc- and intellectuals of the Armenian community and persecutions of the past seem almost in- ture, strengthen its parliamentary process and and executed them. This was the beginning of significant when compared to the sufferings of advance democratic elections. the mass slaughter of 1.5 million Armenians at the Armenian race in 1915.’’ My district includes a large Armenian-Amer- the hands of the Ottoman-Turkish Empire. Winston Churchill used the word ‘‘holo- ican community, especially in Sunnyside, We know this happened, and we know how caust’’ to describe the Armenian massacres Woodside and Jackson Heights, Queens and many people were killed and we know how it when he said that, ‘‘in 1915 the Turkish gov- I have listened to their needs and concerns was done and by whom. Yet the official U.S. ernment began and ruthlessly carried out the many times. I have worked tirelessly to pro- government position on this atrocity is that it infamous general massacre and deportation of mote the interests of Armenia and the Arme- was not a genocide, that there was no delib- Armenians in Asia minor . . . [the Turks were] nian-American community. erate attempt by the Ottoman Turks to wipe- massacring uncounted thousands of helpless I have worked closely with Aram Sarafian of out the Armenian population. Armenians—men, women, and children to- the Armenian National Committee of New We here on the floor today know better. And gether; whole districts blotted out in one ad- York. Aram is an officer in the US Army, who we know that by denying the truth surrounding ministrative holocaust—these were beyond has served in Afghanistan during Operation this tragic chapter of history, we are only pro- human redress.’’ Enduring Freedom and is now serving in viding cover for the next genocide to begin. The orchestrated extermination of people is Iraq—a mission to both liberate the people of The events in Africa last week provide yet contrary to the values the United States es- that nation as well as stop the government another chilling example: If we fail to act, pouses. We are a nation which strictly ad- massacres against its own people. Conversa- these types of terrible crimes will persist. heres to the affirmation of human rights every- tions with him on the situation in Armenia, Eighty-eight years of denials are enough. where. No one can erase a horrendous histor- their recent past and the current situation in We in Congress need to pass an Armenian ical fact by ignoring what so many witnessed Iraq have many parallels. Genocide Resolution and put to rest this cam- and survived. That is why I have urged the Congress to paign to deny the Armenian genocide. I urge Recognition and acceptance of misdeeds reject proposed cuts in Armenia’s bilateral for- all my colleagues in the House to join with me are necessary steps toward its extinction. eign assistance aid, which totaled $90 million under the leadership of our Armenian Caucus Without acceptance, there is no remorse, and last year. By maintaining previous foreign as- co-chairs, Joe Knollenberg and Frank Pallone, without remorse, there is no catharsis and par- sistance levels, Armenia can offset the dev- and cosponsor a resolution to finally put this don. We all want to forget these horrific trage- astating effects of the Turkish and Azerbaijani denial to an end. dies in our history and bury them in the past. blockades and help to continue its political and

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00082 Fmt 7634 Sfmt 9920 E:\CR\FM\K09AP7.158 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3023 economic transition. The costs of these block- Armenian Genocide and urge our nation’s This terrible human tragedy must not be for- ades are estimated by the World Bank at up leaders to do the same. gotten. Like the Holocaust, the Armenian to $700 million a year, essentially a third of Ar- Beginning in 1915 and throughout the First Genocide stands as a tragic example of the menia’s entire economy. I believe that, by World War, the Armenian people of the Otto- human suffering that results from hatred and maintaining assistance levels, an economically man Empire were systemic targets of deporta- intolerance. viable Armenia will be a catalyst for stability tion, expropriation, abduction, torture, mas- The Ottoman Turkish Empire between 1915 and development in a strategically important sacre, and genocide. and 1923 massacred one and a half million region of the world. The existence of genocide—the organized Armenian people. More than 500,000 Arme- I am also a cosponsor of extending Perma- and systematic killing of a people based on nians were exiled from a homeland that their nent Trade Relations to Armenia, now that it their racial or cultural affiliation—is a terrible ancestors had occupied for more than 3,000 has joined the World Trade Organization. This reflection of humanity and must be confronted years. A race of people was nearly eliminated. measure permanently waives the Jackson- and condemned. It would be an even greater tragedy to for- Vanik provision of requiring the President to April 24 is commemorated as the initiation get that the Armenian Genocide ever hap- deny normal trade relations to those countries of the Armenian Genocide that took the lives pened. To not recognize the horror of such of one and a half million Armenian men, that restricted free emigration. Armenia has events almost assures their repetition in the women, and children. had free emigration for over a decade and future. Adolf Hitler, in preparing his genocide It was on April 24, 1915, that over 200 Ar- plans for the Jews, predicted that no one successive Presidents have waived the Jack- menian community leaders were brutally arson-Vanik restrictions. It is time to make this would remember the atrocities he was about rested, imprisoned, and executed. to unleash. After all, he asked, ‘‘Who remem- waiver permanent. As we approach the 88th anniversary of the As a close ally and reliable friend, the bers the Armenians?’’ Armenian Genocide, it is time that the United Our statements today are intended to pre- United States has an obligation to the Arme- States of America recognizes this dishonor- nian people to help them address the chal- serve the memory of the Armenian loss, and able part of history. to remind the world that the Turkish govern- lenges of the future—from nation-building, and More than one million people of Armenian enhancing regional security to reconstructing ment—to this day—refuses to acknowledge descent live in the United States. the Armenian Genocide. The truth of this trag- critical economic infrastructure. I will continue We must recognize and honor their personal edy can never and should never be denied. to work tirelessly to promote the interests of histories, as well as our collective world his- And we must also be mindful of the current the Armenian-American community, from rec- tory. suffering of the Armenian, where the Armenian ognizing the past to building a strong and sta- Our children need to learn the truth—that people are still immersed in tragedy and vio- ble future. during World War I this world experienced the lence. The unrest between Armenia and Azer- Mr. MCNULTY. Mr. Speaker, I join today Armenian Genocide, genocide is wrong, and it baijan continues in Nagorno-Karabakh. Thou- with many of my colleagues in remembering is wrong to deny the occurrence of any geno- sands of innocent people have already per- the victims of the Armenian Genocide. April 24 cide. ished in this dispute, and many more have will be the 88th anniversary of this human Our nation must serve as the example of acknowledging and condemning such horrific been displaced and are homeless. tragedy. In the face of this difficult situation we have From 1915 to 1923, the world witnessed the actions. I urge my colleagues and this administration an opportunity for reconciliation. Now is the first genocide of the 20th century. This was time for Armenia and its neighbors to come to- clearly one of the world’s greatest tragedies— to do the right thing and join me in affirming the existence of the Armenian Genocide. gether and work toward building relationships the deliberate and systematic Ottoman annihi- that will assure lasting peace. lation of 1.5 million Armenian men, women, Mr. FERGUSON. Mr. Speaker, I join my colleagues today to remember a horrific atrocity Meanwhile, in America, the Armenian-Amer- and children. ican community continues to thrive and to pro- Furthermore, another 500,000 refugees fled in history—the Armenian Genocide. April 24 is recognized as the anniversary date of the vide assistance and solidarity to its country- and escaped to various points around the men and women abroad. The Armenian-Amer- world—effectively eliminating the Armenian genocide, when Armenian intellectuals and professionals in Constantinople were rounded ican community is bound together by strong population of the Ottoman Empire. generational and family ties, an enduring work From these ashes arose hope and promise up and deported or killed. From 1915 to 1923, 1.5 million Armenians ethic and a proud sense of ethnic heritage. in 1991—and I was blessed to see it. I was were killed and countless others suffered as a Today we recall the tragedy of their past, not one of the four international observers from result of the systematic and deliberate cam- to replace blame, but to answer a fundamental the United States Congress to monitor Arme- paign of genocide by the rulers of the Ottoman question, ‘‘Who remembers the Armenians?’’ nia’s independence referendum. I went to the Empire. Half a million Armenians, who es- Our commemoration of the Armenian Geno- communities in the northern part of Armenia, caped death, were deported to the Middle cide speaks directly to that, and I answer, we and I watched in awe as 95 percent of the East. Some were fortunate enough to escape do. people over the age of 18 went out and voted. to the United States. Mr. WAXMAN. Mr. Speaker, today we sol- The Armenian people had been denied free- Mr. Speaker, I am thankful that more than a emnly commemorate the 88th anniversary of dom for so many years and, clearly, they were million Armenians managed to escape the the Armenian Genocide, in remembrance of very excited about this new opportunity. Al- genocide and establish a new life here in the the Ottoman government’s campaign of dev- most no one stayed home. They were all out United States. In my Seventh District of New astation and destruction against its Armenian in the streets going to the polling places. I Jersey, I am proud to represent a number of population. watched in amazement as people stood in line Armenian Americans. They have enriched We commemorate this somber anniversary for hours to get into these small polling places every aspect of New Jersey life, from science to honor the memory of the victims of the Ar- and vote. to commerce and the arts. menian Genocide, and pay tribute to the sur- Then, after they voted, the other interesting Our statements today are intended to pre- vivors who rebuilt their lives. We join together thing was that they did not go home. They had serve the memory of the Armenian loss and to to renew our conviction to fight the sources of brought covered dishes with them, and all of honor those descendants who have overcome bigotry, intolerance, and historical revisionism these polling places had little banquets after- the atrocities that took their grandparents, chil- that have tried to distort and diminish Arme- ward to celebrate what had just happened. dren and friends. We mark this anniversary nian suffering. What a great thrill it was to join them the each year to remind our nation and teach fu- Over the course of 8 years, beginning in next day in the streets of Yerevan when they ture generations about the horrors of genocide 1915, Armenian communities were terrorized were celebrating their great victory. Ninety- and oppression endured by the Armenian peo- and systematically destroyed. One and a half eight percent of the people who voted cast ple. We must commit ourselves to ensuring million men, women, and children were mur- their ballots in favor of independence. It was that America remains a beacon of tolerance, dered and nearly one million other were de- a wonderful experience to be there with them openness and diversity. ported. when they danced and sang and shouted, Mr. Speaker, I commend the commitment of If the world had cried out at the bloodshed ‘‘Ketse azat ankakh Hayastan’’—long live free Armenian Americans who continue to strive for of Armenians, it may not have been silent dur- and independent Armenia! That should be the world recognition of one of the greatest atroc- ing the Holocaust. The road from Armenia to cry of freedom-loving people everywhere. ities of the 20th century. Auschwitz was direct. Only by shedding light Ms. SOLIS. Mr. Speaker, I rise today as a Mr. DOOLEY. Mr. Speaker, I rise today to on this dark chapter of history, can we vow member of the Congressional Caucus on Ar- join my colleagues in remembrance of the Ar- once more that genocide will never again go menian Issues to affirm the existence of the menian Genocide. unnoticed or unmourned.

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Mr. MCGOVERN. Mr. Speaker, today Mem- Mr. Speaker, it is past time for the United who cannot remember the past are con- bers of this House have come to the floor to States to recognize officially the Armenian demned to repeat it.’’ remember and commemorate the 88th anni- Genocide. There can be no justice without the Mr. COSTELLO. Mr. Speaker, I rise today to versary of the Armenian Genocide. truth. In the name of all humanity, let it hap- pay tribute to the victims of one of history’s On April 24, 1915, hundreds of Armenian pen now. most terrible tragedies, the Armenian Geno- religious, political and intellectual leaders were Mr. BERMAN. Mr. Speaker, this month cide. rounded up, exiled and eventually murdered marks the 88th anniversary of the beginning of On April 24, 1915, 300 Armenian leaders, by Turkish order in remote areas of Anatolia. the Armenian Genocide. I rise today to com- intellectuals, and professionals were rounded Over the next 8 years, hundreds of thousands memorate this terrible chapter in human his- up in Constantinople, deported, and killed. of Armenian men, women and children per- tory, and to help ensure that it will never be From 1915 through 1923, Armenians that lived ished at the hands of the Ottomans. forgotten. under Ottoman rule were systematically de- By recognizing and commemorating the Ar- April 24, 1915, the Turkish government prived of their property, freedom, and dignity. menian Genocide each year, this House helps began to arrest Armenian community and po- In addition, one and a half million Armenians ensure that the lessons of this terrible crime litical leaders. Many were executed without had been massacred and 500,000 more had against humanity are not forgotten, cannot be ever being charged with crimes. Then the gov- been deported. The Armenian community saw denied, and hopefully, might help prevent fu- ernment deported most Armenians from Turk- its culture devasted and its people dispersed. ture genocide of other peoples. ish Armenia, ordering that they resettle in what This date is remembered and commemorated The single greatest obstacle to the official is now Syria. Many deportees never reached each year by the Armenian community. recognition of the Armenian Genocide is the that destination. In my district, there is a significant popu- Republic of Turkey. In spite of overwhelming From 1915 to 1918, more than a million Ar- lation of Armenian survivors and their families evidence documenting the Genocide—most of menians died of starvation or disease on long that showed heroic courage and a will to sur- it housed at the United States Archives—mod- marches, or were massacred outright by Turk- vive in the face of devastating obstacles and ern-day Turkey continues to pursue a cam- ish forces. From 1918 to 1923, Armenians adversities. These survivors are an important paign to deny and to ultimately erase from continued to suffer at the hands of the Turkish window into the past and an invaluable part of world history the 1.5 million victims of Ottoman military, which eventually removed all remain- our society. With faith and courage, genera- Turkey’s deliberate massacres and deporta- ing Armenians from Turkey. tions of Armenians have overcome great suf- tions of the Armenian people between 1915 The U.S. Ambassador in Constantinople at fering and proudly preserved their culture, tra- and 1923. the time, Henry Morgenthau, stated ‘‘I am conditions, and religion. It is through their unfor- Successive Turkish governments have also fident that the whole history of the human race gettable tragedy that we are able to share in deliberately destroyed the immense cultural contains no such horrible episode as this. The their history and strong heritage. The history heritage of Armenians in Turkey, carrying out great massacres and persecutions of the past of the Armenian Genocide must never be for- a systematic campaign to erase evidence of seem almost insignificant when compared to gotten. Mr. Speaker, genocide is the most potent of the historic Armenian presence in Eastern the sufferings of the Armenian race in 1915.’’ all crimes against humanity because it is an Anatolia. We mark this anniversary of the start of the effort to systematically wipe out a people and Since 1982, successive U.S. Administra- Armenian Genocide because this tragedy for a culture as well as individual lives. Denying tions, reluctant to offend Turkey, have in effect the Armenian people was a tragedy for all hu- that genocide took place when there are re- supported the Turkish government’s revisionist manity. It is our duty to remember, to speak corded accounts of barbarity and ethnic vio- campaign and opposed passage of the Con- out and to teach future generations about the lence is an injustice. Instead, we must ensure gressional Armenian Genocide Resolution. horrors of genocide and the oppression and the lessons of the Armenian genocide are These Administrations have objected to the terrible suffering endured by the Armenian properly understood and acknowledged by use of the word ‘‘genocide’’ to describe the people. paying tribute to the Armenian community on We hope the day will soon come when it is systemic destruction of the Armenian people. this solemn occasion. I am pleased my col- Rather than supporting Turkey’s denials, I not just the survivors who honor the dead but leagues and I have this opportunity to ensure hope that President Bush will officially recog- also when those whose ancestors perpetrated this legacy is remembered. nize the Armenian Genocide and encourage the horrors acknowledge their terrible respon- Mr. VISCLOSKY. Mr. Speaker, I rise today Turkey to come to terms with its past. Rather sibility and commemorate as well the memory in solemn memorial to the estimated 1.5 mil- than creating tension in the region, I believe of genocide’s victims. lion men, women, and children who lost their such actions would decrease the tension and Sadly, we cannot say humanity has pro- lives during the Armenian Genocide. As in the suspicions that have long inhibited cooperation gressed to the point where genocide has be- past, I am pleased to join so many distin- in that region. come unthinkable. The ‘‘killing fields’’ of Cam- guished House colleagues on both sides of Thirty-one of our states, including my own bodia, the Iraqi regime’s gassing of the Kurds, the aisle in ensuring that the horrors wrought Massachusetts, have recognized the Armenian mass ethnic killings in Bosnia and Rwanda, upon the Armenian people are never re- Genocide. and ‘‘ethnic cleansing’’ in Kosovo remain repeated. I want to thank the co-chairs of the Con- cent memories. We must renew our commit- On April 24, 1915, over 200 religious, polit- gressional Caucus on Armenian Issues, Rep- ment never to remain indifferent in the face of ical, and intellectual leaders of the Armenian resentatives KNOLLENBERG and PALLONE, for such assaults on innocent human beings. community were brutally executed by the their outstanding work to ensure that we never We also remember this day because it is a Turkish government in Istanbul. Over the forget those who perished and those who sur- time for us to celebrate the contribution of the course of the next 8 years, this war of ethnic vived the Armenian Genocide. In their names Armenian community in America—including genocide against the Armenian community in and memory, we must demand recognition. hundreds of thousands in California—to the the Ottoman Empire took the lives of over half Armenian-Americans are deeply engaged in richness of our character and culture. The the world’s Armenian population. many issues, nationally, internationally and in strength they have displayed in overcoming Sadly, there are some people who still deny their local communities. In prize-winning film tragedy to flourish in this country is an exam- the very existence of this period which saw and books, the Armenian Genocide has been ple for all of us. Their success is moving testi- the institutionalized slaughter of the Armenian portrayed and widely-discussed. Coordinated mony to the truth that tyranny and evil cannot people and dismantling of Armenian culture. campaigns to provide U.S. economic and extinguish the vitality of the human spirit. To those who would question these events, I trade assistance to Armenia are moving for- The United States has an ongoing oppor- point to the numerous reports contained in the ward. tunity to contribute to a true memorial to the U.S. National Archives detailing the process This year is also an important year for many past by strengthening Armenia’s democracy. that systematically decimated the Armenian Armenian-Americans who live in Worcester, Through trade and aid, we can support the ef- population of the Ottoman Empire. However, Massachusetts. Beginning last October and forts of the Armenian people to construct an old records are too easily forgotten—and dis- extending through October 2003, the Church open political and economic system. missed. That is why we come together every of the Savior is celebrating its 50th Anniver- Adolf Hitler, the architect of the Nazi Holo- year at this time: to remember in words what sary. In addition, Holy Trinity Armenian Apos- caust, once remarked ‘‘Who remembers the some may wish to file away in archives. This tolic Church on Grove Street continues to pro- Armenians?’’ The answer is, we do. And we genocide did take place, and these lives were vide celebrating Armenian cultural and the will continue to remember the victims of the taken. That memory must keep us forever vigi- contribution of the Armenian-American com- 1915–23 genocide because, in the words of lant in our efforts to prevent these atrocities munity. the philosopher George Santayana, ‘‘Those from ever happening again.

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00084 Fmt 7634 Sfmt 9920 E:\CR\FM\A09AP7.086 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3025 I am proud to note that Armenian immi- States (IS), and of Armenia in particular. I also (Mr. WEINER addressed the House. grants found, in the United States, a country stressed the critical importance of revisiting His remarks will appear hereafter in where their culture could take root and thrive. Section 907 of the Freedom Support Act that the Extensions of Remarks.) Most Armenians in America are children or restricts U.S. aid for Azerbaijan as a result of f grandchildren of the survivors, although there their blockade. However, I commend my col- RECOGNIZING THE ARMENIAN are still survivors amongst us. In my district in leagues on the Foreign Operations Appropria- GENOCIDE Northwest Indiana, a vibrant Armenian-Amer- tions Subcommittee for striking the appropriate ican community has developed and strong ties balance last year regarding Section 907 of the The SPEAKER pro tempore. Under a to Armenia continue to flourish. My prede- Freedom Support Act, which will now allow previous order of the House, the gen- cessor in the House, the late Adam Benjamin, Azerbaijan to do their part in the war against tleman from California (Mr. SCHIFF) is was of Armenian heritage, and his distin- international terrorism. Unfortunately, Armenia recognized for 5 minutes. guished service in the House serves as an ex- is now entering its fourteenth year of a block- Mr. SCHIFF. Mr. Speaker, 88 years ago, Ar- menian teachers, clergy, businessmen, writers ample to the entire Northwest Indiana commu- age and I must request that the Congress re- and doctors were rounded up and killed. The nity. Over the years, members of the Arme- view the waiver of Section 907 on a yearly events of April 24, 1915, set the stage for the nian-American community throughout the basis. The flow of food, fuel, and medicine first genocide of the 20th century, the extermi- United States have contributed millions of dol- continues to be hindered by the blockade, cre- nation of more than 1.5 million Armenian men, lars and countless hours of their time to var- ating a humanitarian crisis in Armenia. women and children at the hands of the Otto- ious Armenian causes. Of particular note are Mr. Speaker, I would like to thank my col- man Empire. Mrs. Vicki Hovanessian and her husband, Dr. leagues, Representatives JOE KNOLLENBERG With one of the largest Armenian expatriate Raffy Hovanessian, residents of Indiana’s First and FRANK PALLONE, for organizing this spe- communities in the world, April 24 has be- Congressional District, who have continually cial order to commemorate the 88th Anniver- come an integral part of America’s history— worked to improve the quality of life in Arme- sary of the Armenian genocide. Their efforts but debate over the genocide is still an annual nia, as well as in Northwest Indiana. Three will not only help bring needed attention to this and bitter conflict. other Armenian-American families in my con- tragic period in world history, but also serve to Even though modern-day Turkey was estab- gressional district, Dr. Aram and Seta remind us of our duty to protect basic human lished in 1923 out of the ashes of the Ottoman Semerdjian, Heratch and Sonya Doumanian, rights and freedoms around the world. Empire and was not the actual perpetrator of and Ara and Rosy Yeretsian, have also con- f genocide, it spends millions of dollars each tributed greatly toward charitable works in the GENERAL LEAVE year to fight recognition of the Genocide. De- United States and Armenia. Their efforts, to- spite this well-funded effort, there is no serious gether with hundreds of other members of the Mr. PALLONE. Mr. Speaker, I ask academic dispute about the Armenian Geno- Armenian-American community, have helped unanimous consent that all Members cide. Our own National Archives houses diplo- to finance several important projects in Arme- may have 5 legislative days within matic dispatches that vividly describe the sys- nia, including the construction of new schools, which to revise and extend their re- tematic destruction of an entire people. a mammography clinic, and a crucial roadway marks and include extraneous material News accounts from the American press connecting Armenia to Nagorno Karabagh. on the subject of my special order to- also provide a trove of primary source evi- In the House, I have tried to assist the ef- night, the Armenian Genocide. dence. Headlines, such as the following from forts of my Armenian-American constituency The SPEAKER pro tempore. Is there the New York Times, describe the horrors: by continually supporting foreign aid to Arme- objection to the request of the gen- ‘‘Armenian Officials Murdered by Turks,’’ ‘‘Ap- nia. This past year, with my support, Armenia tleman from New Jersey? peal to Turkey to Stop Massacres,’’ ‘‘Tales of received $93 million in U.S. aid to assist eco- There was no objection. Armenian Horrors Confirmed,’’ ‘‘Wholesale nomic and military development. In addition I f Massacres of Armenians by Turks,’’ ‘‘Arme- am once again joining with several of my col- The SPEAKER pro tempore. Under a nians Are Sent To Perish in Desert,’’ ‘‘Turks leagues in signing a letter to President Bush previous order of the House, the gentle- Depopulate Towns of Armenia,’’ ‘‘Million Arme- urging him to honor his pledge to recognize woman from California (Ms. LEE) is nians Killed or In Exile,’’ and ‘‘The death of Ar- the Armenian Genocide. recognized for 5 minutes. menia.’’ The Armenian people have a long and (Ms. LEE addressed the House. Her When the Armenian Genocide occurred, the proud history. In the fourth century, they be- remarks will appear hereafter in the heinous crime had no name. In denouncing came the first nation to embrace Christianity. Extensions of Remarks.) what he was witness to, our own U.S. Ambas- sador Henry Morgenthau chose the words During World War I, the Ottoman Empire was f ‘‘race murder’’ to describe the atrocities. Raph- ruled by an organization known as the Young The SPEAKER pro tempore. Under a Turk Committee, which allied with Germany. ael Lemkin, an International law scholar, ulti- previous order of the House, the gentle- mately coined the term genocide in 1944. Amid fighting in the Ottoman Empire’s eastern woman from Florida (Ms. ROS- Anatolian provinces, the historic heartland of As a Polish attorney, Lemkin was appalled LEHTINEN) is recognized for 5 minutes. by the Turkish atrocities against the Arme- the Christian Armenians, Ottoman authorities (Ms. ROS-LEHTINEN addressed the nians and tried to get European statesmen to ordered the deportation and execution of all House. Her remarks will appear here- criminalize the destruction of ethnic and reli- Armenians in the region. By the end of 1923, after in the Extensions of Remarks.) gious groups. He was dismissed as an alarm- virtually the entire Armenian population of f ist. Years later, when Hitler invaded Poland, Anatolia and western Armenia had either been The SPEAKER pro tempore. Under a Lemkin lost 49 family members in the Holo- killed or deported. previous order of the House, the gen- caust. While it is important to keep the lessons of tleman from Illinois (Mr. LIPINSKI) is Landing as a refugee on American shores, history in mind, we must also remain com- recognized for 5 minutes. Lemkin resolved to devise a word to convey mitted to protecting Armenia from new and (Mr. LIPINSKI addressed the House. the evil under way. In 1944, while working for more hostile aggressors. In the last decade, His remarks will appear hereafter in the U.S. war department, he invented the term thousands of lives have been lost and more the Extensions of Remarks.) ‘‘genocide’’—citing the Armenian case as an than a million people displaced in the struggle example. between Armenia and Azerbaijan over f The SPEAKER pro tempore. Under a In 1948, in the shadow of the Holocaust, the Nagorno-Karabagh. Even now, as we rise to international community responded to Nazi previous order of the House, the gen- commemorate the accomplishments of the Ar- Germany’s methodically orchestrated acts of tleman from Oregon (Mr. DEFAZIO) is menian people and mourn the tragedies they genocide by approving the Convention on the recognized for 5 minutes. have suffered, Azerbaijan, Turkey, and other Prevention and Punishment of the Crime of (Mr. DEFAZIO addressed the House. countries continue to engage in a debilitating Genocide. The Convention confirms that geno- His remarks will appear hereafter in blockage of this free nation. cide is a crime under international law and de- the Extensions of Remarks.) Consistently, I have testified before Foreign fines genocide as actions committed with the Operations Appropriations Subcommittee on f intent to destroy a national, ethnic, racial or re- the important issue of bringing peace to a The SPEAKER pro tempore. Under a ligious group. troubled area of the world. I continued my previous order of the House, the gen- The United States, under President Harry support for maintaining of level funding for the tleman from New York (Mr. WEINER) is Truman, was the first nation to sign the Con- Southern Caucasus region of the Independent recognized for 5 minutes. vention. In 1988, President Ronald Reagan

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00085 Fmt 7634 Sfmt 9920 E:\CR\FM\A09AP7.089 H09PT1 H3026 CONGRESSIONAL RECORD — HOUSE April 9, 2003 signed an Act that implemented the Conven- (Mr. WEXLER addressed the House. and letting folks know where the def- tion and criminalized genocide under U.S. His remarks will appear hereafter in icit is at, where the debt is at. In re- law—putting the United States on record as the Extensions of Remarks.) cent years we have not focused on it being strongly opposed to the heinous crime f that much, and I think people have to- of genocide. This year marks the 15th anniver- The SPEAKER pro tempore. Under a tally forgoten what those numbers are. sary of the signing of that convention. previous order of the House, the gen- It is important to be aware of what I will soon introduce a resolution, along with those numbers are. tleman from Connecticut (Mr. LARSON) my colleague Mr. RADANOVICH and several is recognized for 5 minutes. The second issue is to remind folks other Members of Congress, that recognizes (Mr. LARSON addressed the House. that the deficit and the debt matter. this important step taken by the United States His remarks will appear hereafter in We have heard some truly bizarre talk 15 years ago, to ensure that the lessons of the Extensions of Remarks.) here in recent months, coming pri- the Holocaust, the Armenian Genocide, and marily from conservatives, conserv- the genocides in Cambodia and Rwanda, f atives who just a few short years ago among others, will not be forgotten. The SPEAKER pro tempore. Under a were arguing that we ought to have a Euphemisms, vague terminology or calls for previous order of the House, the gen- constitutional amendment to balance more discussions are just some of the dodges tleman from Massachusetts (Mr. the budget, we ought to require that it used to avoid Turkish discomfort with its Otto- DELAHUNT) is recognized for 5 minutes. be balanced, never have it be an option man past. There is nothing to discuss, there is (Mr. DELAHUNT addressed the to run a yearly deficit. Those same nothing to discover, there is nothing to be House. His remarks will appear here- people are now saying deficits probably gained by denial—but there is much to be lost. after in the Extensions of Remarks.) do not really matter that much. Let us not minimize the deliberate murder of f I think they were probably wrong in 1.5 million Armenians. Let us not equivocate. The SPEAKER pro tempore. Under a both, requiring a constitutional Let us not temporize. Let us instead pay hom- previous order of the House, the gen- amendment and now in saying that the age to the memory of those innocent victims tleman from Maine (Mr. ALLEN) is rec- deficits do not matter. Deficits do mat- and honor the courage of the survivors. Let us ognized for 5 minutes. ter. Now, there are times when you call genocide, genocide. (Mr. ALLEN addressed the House. His should probably go ahead and run one f remarks will appear hereafter in the because of an emergency situation, so a The SPEAKER pro tempore. Under a Extensions of Remarks.) constitutional amendment to balance the budget would unduly restrict our previous order of the House, the gentle- f woman from New York (Mrs. MALONEY) Federal Government. But to go from is recognized for 5 minutes. DEFICITS, THE DEBT AND FISCAL that to saying that they just do not (Mrs. MALONEY addressed the RESPONSIBILITY matter at all is ridiculous. So what I House. Her remarks will appear here- The SPEAKER pro tempore. Under want to start out with is showing after in the Extensions of Remarks.) the Speaker’s announced policy of Jan- where the numbers are at and just how bad things have gotten. f uary 7, 2003, the gentleman from Wash- ington (Mr. SMITH) is recognized for 60 First of all, as we head toward fiscal The SPEAKER pro tempore. Under a year 2003 coming to a close in October, previous order of the House, the gentle- minutes as the designee of the minority leader. the projections are now that that def- woman from Indiana (Ms. CARSON) is icit, when you add in the supplemental recognized for 5 minutes. Mr. SMITH of Washington. Mr. Speaker, I appreciate the opportunity for the war that is going to pass this (Ms. CARSON of Indiana addressed week in Congress, that deficit will ap- the House. Her remarks will appear to come and address the Chamber this evening. I want to talk about deficits, proach $400 billion, just for the one hereafter in the Extensions of Re- year. That is a higher dollar figure def- marks.) the debt and fiscal responsibility. There was a time in this country icit than our Nation has ever seen, by f when those issues were very, very im- a comfortable margin. I think the high- The SPEAKER pro tempore. Under a portant. It dominated public debate in est deficit we had, even during the real- previous order of the House, the gentle- this country in the 1980s and well into ly bad times of the early 1990s, was $290 woman from the District of Columbia the 1990s as we saw our deficit on a billion. (Ms. NORTON) is recognized for 5 min- yearly basis explode and the overall When you look long term at the 10 utes. debt go up to levels that started to year picture, that is where it gets even (Ms. NORTON addressed the House. concern people. There was a constant bleaker. That is what we are talking Her remarks will appear hereafter in battle to try to figure out how to get about this week with the budget reso- the Extensions of Remarks.) that debt under control and get our lution that the House and Senate are f budget balanced on a yearly basis. trying to reach agreement on. The SPEAKER pro tempore. Under a In recent years, that debate has drift- The budget resolution, in theory, is a previous order of the House, the gentle- ed away. Part of that makes sense. 10 year blueprint for where we want our woman from Florida (Ms. CORRINE After 9/11, with the slowdown in the budget to go. That blueprint right now BROWN) is recognized for 5 minutes. economy, with the war in Iraq, there is has us going in debt, in debt to a level (Ms. CORRINE BROWN of Florida ad- no question that it makes a certain never before imagined. dressed the House. Her remarks will amount of sense to run short-term defi- So I have a chart here that shows appear hereafter in the Extensions of cits in at this point. In emergency situ- this and where we are going. This is Remarks.) ations, that is what you do. from the Goldman Sachs study that My concern and the concern of the the gentleman from Ohio (Mr. RYAN) f New Democrats, which I represent and mentioned earlier. It starts off by The SPEAKER pro tempore. Under a work with, is that far from simply say- showing what the official CBO projec- previous order of the House, the gentle- ing, well, for the time being we are not tion is. The official CBO projection is woman from Texas (Ms. JACKSON-LEE) going to pay as much attention to defi- that over the course of the next 10 is recognized for 5 minutes. cits, it has gotten to the point in Con- years, we will have an $890 billion sur- (Ms. JACKSON-LEE of Texas ad- gress and with the White House where plus. dressed the House. Her remarks will it seems like they do not care about So basically they are assuming, de- appear hereafter in the Extensions of them at all, they do not care what the spite the existing $400 billion deficit Remarks.) numbers are and they do not think that we are going to run this year, in f they are important, and that is a very, the out years, as we get further down, The SPEAKER pro tempore. Under a very dangerous policy and one that we we will have sufficient surpluses to previous order of the House, the gen- must correct. make that up and get us up to this very tleman from Florida (Mr. WEXLER) is So this evening I want to talk about, happy figure of an $891 billion surplus. recognized for 5 minutes. first of all, putting it back into context The problem is that there are a lot of

VerDate Jan 31 2003 05:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\A09AP7.100 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3027 assumptions in that number that sim- then, inevitably, they would never hap- aster might hit or where the next mili- ply will not come to pass, and those as- pen and the numbers would be higher tary conflict might come up that would sumptions are laid out in the Goldman than expected. change all of these numbers dramati- Sachs analysis. So even assuming a modest growth, 2 cally. First of all, economic growth has percent, which is less than what infla- The bottom line is, the numbers show been far slower than CBO expected. If tion would probably be over that pe- us heading into long-term, structural that economic growth hits modest lev- riod, or at least inflation plus popu- deficits and huge debt. els over the course of the next 10 years, lation growth, even assuming a 2 per- Which brings us to the next argu- instead of the overly optimistic projec- cent modest growth, you lose another ment and that is the one that the con- tions from CBO, that knocks over $1 $350 billion. servatives have been throwing out trillion off of this $891 billion figure. Lastly, we have the oft-talked about there recently that oh, come on, defi- In addition, will $891 billion does not issue of a prescription drug benefit. I cits do not really matter. It is not real- take into account the emergency sup- do not think there is a significant poli- ly that big of a deal. The economy can plemental, which, of course, we are tician, House, Senate, Democrat, Re- move forward and everything is fine. going to pass, probably sometime in publican, White House, who has not One of their favorite arguments is that the next 48 hours, and that will be said we should not do a prescription deficits do not, in fact, drive up inter- somewhere in the neighborhood of $80 drug benefit. Well, if we do, it is going est rates. Because consistently, one of billion, which, again, comes out of that to cost something. The figure Goldman the arguments against running deficits figure. Sachs picked on was $600 billion. That and in favor of fiscal responsibility is Now, it is also worth noting that this may be $400 billion or $500 billion, it that it is good for the economy. The $80 billion figure may not turn out to may be more than this. basic argument is, if the government be the total cost of the war in Iraq. As has a balanced budget, interest rates b 2045 the gentleman from Illinois (Mr. EMAN- will stay low because the government UEL) and others were talking about ear- But whatever it is, if we do a pre- will not be out there gobbling up all of lier, there are big plans to spend even scription drug benefit, that is another that excess cash and driving up inter- more money on the rebuilding of Iraq, thing that CBO did not count on. est rates. which may well need to be done, but Lastly, once we add up all of these Well, conservatives look at a couple that will drive this figure up even fur- additional expenses, they drive up the of historical figures. They have gone ther. debt, and when we drive up the debt, back to the 1970s when, in fact, interest Finally, we have a little thing called we drive up the debt service. It is just rates were very high and deficits were the alternative minimum tax, or at like when you owe more money on a not, and then they have gone to the least finally on this top set. The alter- credit card, your minimum payment late 1980s and early 1990s when deficits native minimum tax is something that gets higher and your interest payments were high and interest rates really is going to have to be fixed. It was set get higher. Those interest payments were not and they said, see, one thing up a while ago, and it is incredibly are projected to be $878 billion. So does not really have to do with the complicated, but the bottom line is in when we add all of this up, what we other. the next few years, if we do not change come up with is instead of a $891 billion First of all, deficits and how they ef- the alternative minimum tax, middle- surplus over those 10 years, you wind fect interest rates happens over a long class taxpayers are going to have to up with a $4.2 trillion deficit over the period of time. It is not immediate. start paying it. It is going to get down course of those 10 years. I now know And it simply defies economic wisdom to the point where your average mid- what this $777 billion figure is. This is to say that the amount of money that dle-class taxpayer will not be able to counting the 891. So basically, if we the Federal Government is gobbling up take the deductions that they are used add all of these up, that reduces this has no impact whatsoever on what that to taking and they will be hit with this down to a negative 777, and then we add money is going to cost. That is what tax. Well, to fix that, it would cost $500 it all the way up and get 4.2. interest rates are: the cost of money. billion over that 10 year period. So for As the gentleman from Wisconsin So it just does not make any sense that these three things, the adjustments (Mr. RYAN) pointed out when he spoke it will not drive up interest rates. But bring us down below the $891 billion earlier, even this figure is a little opti- beyond that, even if it did not drive up figure and put us into deficit. mistic, because this counts Social Se- interest rates, if we run deficits year Then we have a series of other issues. curity surpluses against it. If we take after year, the bottom line is, sooner or If you assume the president’s tax cut, those Social Security surpluses out, later, we run out of money. Sooner or that is another $509 billion, plus mak- put them aside, as we should do, be- later, the only thing the Federal Gov- ing the 2001 tax cut permanent, which cause that money is going to be needed ernment is going to be able to do is pay is part of the President’s proposal as to pay for Social Security as the baby this number down here, pay interest on well, is another $624. boom generation starts to retire, this the debt. Sort of like you get so far in Then in defense, CBO does not as- figure gets over $6 trillion. Right now, debt, all you can do is make the min- sume a significant increase in defense in the entire history of the country, we imum payment on your credit card, spending. The President’s budget does. have ran up a debt of around $6 trillion. and as that number goes up, spending Given where we are at right now in the If we go forward along the path that for everything else, for every other pri- world, it seems that the President is the President and the majority in Con- ority in this country must go down. right, we are going to increase spend- gress is proposing, we will equal that in If we run these types of numbers, 10, ing on defense. If we increase that mod- the next 10 years. Another $6 trillion in 15 years from now, the generations estly, that is another $536 billion more debt will be lumped upon us. that follow us, the Congresses that fol- than CBO projected. So it is important to keep these fig- low us will have no money whatsoever Non-defense discretionary, one of the ures in mind, even if it is not at the top to meet the needs of their day, and assumptions in the President’s budget of the agenda right now, as folks are there will be needs. As we look around that helps make it look more fiscally distracted, understandably so, by the the country now, we can see many, responsible than it is is the assumption war in Iraq and other issues. These fig- many crushing needs. In education, the that somehow we are just going to dra- ures need to be put into our minds and IDEA, the Individuals With Disabilities matically cut all non-defense discre- we need to remember, this is where we in Education Act, has been under- tionary spending. are headed, towards another $6 trillion funded by tens of billions of dollars for Well, historically that has not hap- in debt over the course of the next 10 years. Transportation. We have huge pened. This is what happened during years, with very modest assumptions. infrastructure needs in this country. the time of the Gramm-Rudman-Hol- This does not even have any emer- Back to education. School construc- lings proposals. These proposals would gencies. It seems like every year we tion. It is estimated that we have come out in the early eighties and say have an emergency within the farm somewhere in the neighborhood of a over the course of the next 6 or 7 years community and we have to fund that. $300 billion need for school construc- we are going to make these cuts, and Who knows where the next natural dis- tion. We will not meet that. Health

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.176 H09PT1 H3028 CONGRESSIONAL RECORD — HOUSE April 9, 2003 care. Access to health care is in crisis. tunity for all of our citizens, so they in deficits for the next fiscal year In my State, reimbursement rates for can be full participants in the global alone. Medicare and Medicaid are so low that economy and in the new economy that Why is this important? It is impor- providers are frequently not accepting is before us. tant because it is happening at exactly Medicare and Medicaid patients and We also work very hard in maintain- the worst moment in our Nation’s his- they have got nowhere to go. ing fiscal discipline in our decisions. tory, when we have an aging popu- The bottom line is there are needs Something that was very much on peo- lation, when we have 80 million of the that require funding. There are needs ple’s minds in the mid 1990s when the so-called baby boomers rapidly ap- now, and there will be needs in the fu- gentleman and I got elected for the proaching their retirement age and ture. And if we continue to run up defi- first time to the United States Con- about to begin entry into the Social cits like this, blow the debt through gress, a lot of the talk and a lot of the Security and Medicare system, and at the ceiling, blow the debt payments concern on both sides of the aisle then the time when we should be trying to through the ceiling, we will have no was really about budget deficits and practice fiscal discipline and get the money to address those needs, our in- what we need to do, working together Nation on sound fiscal footing in an- frastructure will collapse, and the eco- and as a Nation to reign that in, to ticipation of that demographic time nomic impact will be devastating. start making sound fiscal choices in bomb going off and protecting the mon- Bottom line: fiscal responsibility order to set up future generations for ies in the Social Security and Medicare matters. If we drive home no other success. The gentleman may recall as trust funds, anticipating this aging re- point in this hour this evening talking well as I do that at that time, during tirement boom that is rapidly ap- about fiscal responsibility and deficits, the early and mid 1990s, when we were proaching. Just the opposite is being I hope it is that. Let us not get carried first running for office, there was an al- proposed on the other side. In fact, away with other issues and forget that most uniform consensus, even on the they are proposing large tax cuts on fundamental point: balanced budgets other side, decrying the fact that there top of the ones that already passed in and fiscal responsibility matter, and were large budget deficits, claiming 2001, and they are going to pay for that, they are good for this country, and we that that was horrific and that it sti- in part, by taking all of the money out of the same Social Security and Medi- should fight as hard as possible to see fled economic growth, and there was by care trust funds that virtually every- that those policies are enacted, that we and large bipartisan consensus with one in this chamber just 2 years ago get the budget balanced, that we put that viewpoint which was proven are on record as saying that we will ourselves on a long term path towards through the track record of the pre- not do. It is very disturbing that this is fiscal responsibility. That will help vious decade. going on and there is very little atten- this country grow economically and Back then, when they pursued large spending increases, mainly in the de- tion being paid to that. will help us be in a position to meet But they are also planning on doing fense area, but also coupled with huge our needs for the future. The budget it on the backs of some very important tax relief, it led to unprecedented resolution that is coming out this week people in our Nation, not least of which budget deficits which exploded the na- in the House and the Senate will not are our current veterans. It is astound- tional debt. It quadrupled our national come close to being fiscally respon- ing to me that in their zeal in order to sible. We need to make sure that we debt during the 12 years in the 1980s protect the President’s proposed tax get that under control. and the first couple of years of the cuts that they are doing it by masking I am pleased this evening to be joined 1990s, and everyone found that astound- the true enormity of the budget deficit, by a couple of my colleagues who wish ing. Now, what we are hearing from the but also trying to balance the budget to discuss this issue. We have my fel- other side is deficits do not matter. In on the backs of some of the most vul- low cochair of the New Democratic Co- fact, it is not just the leadership in nerable and some of those who we owe alition, the gentleman from Wisconsin Congress that has been saying that, but promises to, such as veterans’ health (Mr. KIND), and I yield to him. it has been the leadership on Pennsyl- care services, including service-related Mr. KIND. Mr. Speaker, I thank the vania Avenue coming out of the White disability health care. In their budget gentleman from Washington State, my House trying to claim to the American resolution that was before us just a friend, for taking a little bit of time people that deficits somehow, some couple of weeks ago, they were pro- this evening to discuss one of the para- way, magically do not matter anymore posing about $16 billion worth of cuts mount issues facing the United States in regards to economic performance. with veterans’ health care services, Congress tonight, and that is the budg- Well, that belies the history and the which is astounding when we think of et resolution and trying to put to- performance of our economy. As the the military campaign and the incred- gether the frameworks of the budget gentleman indicated tonight and as I ible devotion and sacrifice that so for the next fiscal year and for the next firmly believe, deficits do matter, many young men and women in uni- 10 years. while it may be understandable that in form are making on behalf of our Na- This is important. At a time when the short term, in the time of an eco- tion in the country of Iraq today. our young men and women in uniform nomic slowdown and military action in But it is not just us who discovered are fighting so well and so bravely in Iraq, we may have to run some short- what was going on, it was all the vet- Iraq and our thoughts and prayers are term budget deficits in light of these erans’ organizations throughout the obviously with them tonight, the Na- new challenges. country that quickly recognized what tion’s business, nevertheless, continues What is most disturbing about the they were trying to pull and submitted here. And even though most of the Republican budget resolution that will letters to Speaker HASTERT and to the media and most of the attention has come up later this week is they have gentleman from Ohio (Chairman been rightly focused on the military no long term plan to reverse the situa- NUSSLE), the chairman of the Com- campaign in Iraq, this debate that is tion. What is being projected right now mittee on the Budget. Let me just coming up later this week and which by their own Office of Management and quote from a few of the letters that will be with us for many weeks to come Budget and their own Congressional were submitted, one from the Com- is very crucial, because it is about fis- Budget Office are deficits for as long as mander of the Disabled American Vet- cal responsibility and the long-term the eye can see. Over $300 billion, the erans in which he stated in his letter, economic outlook for our Nation. largest in our Nation’s history, for the and I quote, ‘‘Has Congress no shame? As the gentleman indicated, we hap- next fiscal year alone, and that does Is there no honor left in the hallowed pen to be privileged to be cochairs of not even include the emergency supple- halls of our government that you the New Democratic Coalition. It is a mental request that the President just choose to dishonor the sacrifices of our large group on the democratic side of sent to Congress in order to give the Nation’s heroes and rob our programs, pro-growth, moderate and centrist troops the resources they need. That health care and disability compensa- Democrats believing in making crucial will be another $80 billion plus that tion, to pay for tax cuts for the investments for growth opportunities will be on top of the $300 billion of defi- wealthy?’’ in our Nation and in the people so we cits. So we will be very quickly and Here is a letter from the Commander can expand the boundaries of oppor- very fast approaching over $400 billion of the Paralyzed Veterans of America

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.177 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3029 in which he stated, ‘‘We do not con- call for them, then this generation of We were fortunate. We had a booming sider payments to war-disabled vet- Americans should have the moral re- economy. A high-tech economy took erans, pensions for the poorest disabled sponsibility to figure out a way of pay- off, productivity went up, and we were veterans, and GI Bill benefits for sol- ing for them, rather than borrowing able to do that. There may be a tend- diers returning from Afghanistan to be and spending, borrowing and spending, ency to think, see, the problem can be fraud, waste, and abuse.’’ and accumulating this huge national fixed. And one from the American Legion: debt. We are in a much different situation ‘‘This budget defies common sense. In conclusion, Mr. Speaker, again, now, as the gentleman said. We are There must be a better way to provide these authors of the article do feel that going to reach the point in the early tax relief to the American people than deficits matter. In their concluding part of probably about 2014, 2015, when to balance the budget on the backs of paragraph they state why. I quote those Social Security surpluses that we disabled veterans.’’ again: ‘‘Congress cannot simply con- have all grown used to, having huge We owe the veterans nothing; they clude that deficits don’t matter. Over surpluses in Social Security in order to earned it. And here in their attempt to the long term, deficits matter a great offset debts in the other part of the try to protect these huge tax cuts lead- deal. They lower future economic budget, they are going to be gone. We ing to unprecedented budget deficits, growth by reducing the level of na- are not going to have that money to setting up future Congresses and future tional savings that can be devoted to rely on. generations of Americans for failure productive investments. They raise in- What is more, the other part of the because of the fiscal mess that is being terest rates higher than they would be budget is going to now have to start created, they are going to try to bring otherwise. They raise interest pay- covering the deficits in Social Security forward later this week a budget reso- ments on the national debt. They re- and in Medicare. So with the baby lution that calls for exactly that. duce the fiscal flexibility to deal with boom generation retiring, we are not b 2100 unexpected developments. If we forget going to be so fortunate this time. Before I turn back to my friend, the these economic consequences, we risk Mr. KIND. Will the gentleman yield gentleman from Washington, I will creating an insupportable tax burden on that point? draw attention to a very important ar- for the next generation.’’ Mr. SMITH of Washington. Abso- ticle that appeared in the New York That, I think, summarizes the very lutely. challenge that we face this week, and Times today. It is called ‘‘No New Tax Mr. KIND. I think one of the crucial it is not too late. We can still get to- Cuts.’’ It was written by some very fa- differences between now and what oc- gether in a bipartisan fashion and come mous people here in Washington and curred during the 1980s with the eco- together at the kitchen table like any throughout the country that have nomic policies that were pursued was family would do, dealing with family spent a good deal of their public ca- that we had the decade of the 1990s to finances and figuring out what deci- reers focusing on budgetary issues. It is reverse course, and fortunately we did. sions we need to make so we do not a bipartisan group who are highly es- With the Clinton administration and pass a tremendous burden on to the teemed and well respected, even here in the tough budgetary decisions that children of our family. That is really this Congress, made up of former Sen- they had to make in 1993, it set the Na- what is at stake. ator Bob Kerry; former Senator Sam tion back on a course of declining defi- Budgets are all about priorities, and Nunn; Pete Peterson, one of the co- cits through the nineties; and then ac- hopefully this Congress will wake up chairs of the Concord Coalition; former tually a few years when we were run- and realize that our children’s future Secretary of the Treasury Robert ning real budget surpluses, which led should be one of the first priorities Rubin; former Senator from New to the protection of the Social Security that we keep in mind. Let us pass a Hampshire Warren Rudman; and also and Medicare trust fund and a sensible, fiscally responsible budget former Federal Reserve chairman Paul downloading of the national debt, that we can, years from now, look back Volcker. thereby reducing the interest burden on and say, yes, we had to make some They are warning the Congress in a on that national debt. letter in the New York Times today tough decisions, but they were the It was an incredible economic dy- about the fiscal course that we are right decisions under the right cir- namic made by past Congresses making about to embark upon if these large cumstances, and our children are the tough decisions in order to reverse tax cuts go through in light of the cur- primary beneficiaries as a consequence. course of the huge budget deficits that rent projections. Again, I thank my friend, the gen- Let me just quote briefly from the tleman from Washington, for the lead- were created during the 1980s and the article that they coauthored; all of ership he has shown on this very issue first part of the 1990s. Unfortunately, whom, by the way, are members of the and for trying to secure a little time in we do not have the luxury of time any- Concord Coalition. This is a non- order to talk about this, which is very more. We are rapidly running out of partisan group that does focus on Fed- important, even in light of the current time with the boomers’ retirement just eral budgetary policy. military campaign in Iraq. around the corner. In their article they state, and I Again, we wish the troops there our That is why it is all the more impor- quote, ‘‘Our children and grandchildren best. They are constantly in our tant that we do not waste this oppor- are facing unthinkable payroll tax bur- thoughts and prayers, along with their tunity with the budget resolution that dens that could go as high as 33 percent families and their loved ones. We all, I may be before us later this week; and to pay for these promised benefits.’’ think, agree that we hope to see a very that we get together, again in a bipar- They are referring to Social Security quick and successful and safe conclu- tisan fashion and with the President at and Medicare. ‘‘It is neither fiscally sion to the military campaign in Iraq. the table, as well, to figure out what nor morally responsible to give our- Mr. SMITH of Washington. Mr. we need to do to reverse course with selves tax cuts and leave future genera- Speaker, I thank the gentleman for his these truly frightening budget sce- tions with an even higher tax burden.’’ comments. narios looking at $400 billion-plus defi- I know my colleague, the gentleman I just want to follow up on how this cits for many, many years, which will from Washington (Mr. SMITH), has a is the exact wrong time to run up defi- only hurt long-term economic growth vested interest in it because he has a cits because of the baby boom genera- by driving up long-term interest rates young child himself. I am the father of tion and their coming retirement. because of the squeeze on the available two little boys who are only 4 and 6. I think there might be a tendency to capital that is available in the market- The last thing that either one of us say, we have heard this doom and place. wanted to do when we came to this gloom before. In the late eighties, So time is of the essence. This really Congress 6 years ago was to leave a early nineties, we had huge deficits, big is not an academic debate. We can punt huge legacy of debt for our children to debt, and people said we could never for the next year or a couple of years have to wrestle with. get out from under it. Lo and behold, down the line, but these are decisions If the programs are important by the late 1990s we were actually run- that I feel have to be made right now. enough today to authorize them and to ning surpluses. Someone has to stand up and talk

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.179 H09PT1 H3030 CONGRESSIONAL RECORD — HOUSE April 9, 2003 about this. I am glad the gentleman de- That would be a sad day, because ferent about what the theories are, the cided to take some time tonight to do frankly, a lot of my friends in the Re- economic models. it. publican Party have also been quite The one thing all Americans ought to Mr. SMITH of Washington. Mr. vocal and eloquent about the need to agree on is the value of protecting our Speaker, I thank the gentleman for his end waste, fraud and abuse in govern- children. We are three fathers here to- help. ment. Now, by their own budgets, they night talking. We know all fathers and Mr. Speaker, I yield to the gentleman seek to increase the money of tax- mothers care about their kids. The one from Washington (Mr. INSLEE), a proud payers going down that rat hole of pay- value all of us ought to hold, Repub- member of the baby boom generation ing interest on the Federal debt. lican and Democrat alike, east and that is soon to bankrupt us, although I Mr. Speaker, I cannot understand west, north and south, tall and short, is will not hold him entirely responsible. what Republican would take cheer do not put a burden on our children. Mr. INSLEE. Mr. Speaker, I am from knowing they are going to waste This is a moral issue much deeper happy to join my colleagues here this more of the taxpayers’ money to go than any particular economic theory. I afternoon to speak against this new down this black hole, but they cer- think we all ought to share it. It is a Republican policy of eternal deficits. I tainly are. The reason they are is that very sad day when the majority party am happy to speak against it because I they have decided it is more important has decided to break that moral bond think it represents sort of a ‘‘three- to them, apparently, and of course I do to our kids to put this indebtedness on strikes-and-you-are-out’’ economic pol- not know this for sure, but the only as- them. icy which really will doom America for sessment one could make is they have Just one more comment and then I quite a long period of time for three given greater priority to tax cuts rath- will close. The thing that is extraor- separate reasons. er than a balanced budget. dinarily sad about this is that this is Before I talk about those reasons, I The second reason, perhaps not as not a surprise. Our short-term deficits want to note that this probably, as far important as the last reason, but im- are in part due to war and recession. as I can tell, is the biggest political portant nonetheless, this deficit is a Part of the deficit on the short-term flip-flop in the last couple of millenia dead weight around the United States’ basis is clearly the war and the reces- of American history. That may be per- economy. I listened to Mr. Greenspan sion. However, we know these are in- haps a little bit of an overstatement. tell us that these deficits have the po- tentionally inflicted, conscious, pre- But as I recall the proud traditions of tential of increasing interest rates. meditated deficits. They are going to the Republican Party under Eisen- Once the economy starts to rebound, be here for decades because we know hower, Rockefeller, and many good Re- once it starts to come back, he told us we are getting older and the baby publicans who preached the gospel in that we face the prospect of interest boomers are going to retire. every political church in America that rates going up and choking off the This is a premeditated moral and deficits clearly were a mark of evil, eventual recovery. economic crime. I am speaking against they fought for years against deficits. I do not think it is just his testimony it. I am pleased that some of the Sen- They came here and they sought con- that is persuasive to me; it is listening ators in the other Chamber have stood stitutional balanced budget amend- to the financial people that I represent, up on a vote of courage and have pre- ments, which they are still seeking. my constituents. vented some of these tax cuts going Now, after decades of propounding I was on the ferry boat the other day through. I hope they can continue this basic bedrock principle, their an- and talking to a fellow that sells mu- some of that profile in courage, and we swer is, never mind, we were just kid- nicipal bonds. We were talking about can get a budget that does not break ding. Now that they have decided that the fact that they have had a lot of the bank and our children’s backs. tax cuts for Ken Lay at Enron are more municipal refinancing going on, besides Mr. SMITH of Washington. Mr. important than a balanced budget, homeowners, with the current low in- Speaker, I thank the gentleman. they have decided that their decades of terest rates. I just want to close by saying, it does fundamental economic beliefs and But he was concerned, as a lot of peo- not have to be this way. There is abso- theories were just a bunch of hokum. ple are in various sectors of the econ- lutely no reason our Nation cannot put They were right then, but they are omy, that once we start to get out of us on a fiscally responsible path in the wrong now. They are wrong for three this shadow and start picking up, that next 10 years. reasons. as soon as we start to get some growth 2115 Number one: The Federal deficit that in the economy, boom, interest rates b is now attempted to be foisted on the go up because the Federal deficit con- Now, I will be honest. I do not believe American people by this Republican tinues to fuel that fire, and we are we can balance the budget this year. majority is the biggest contribution to back into recession. We have too many pulls upon us be- waste, fraud and abuse in the U.S. Gov- This is like taking a big anchor and tween the economy and the war and ernment that is possible. It is waste, tying it to the leg of the U.S. economy, various other concerns, but over the 10- fraud and abuse because the biggest and it is a Republican anchor. It is a year period of time we could quite eas- number of items of clear waste, fraud sorry thing to see that my colleagues ily put together a budget that is bal- and abuse in the Federal Government on the other side have decided to em- anced. is the interest paid by American tax- brace these deficits that they know, be- I think the reasons we have not got- payers to service the Federal debt. cause of their own economic theory, ten there is because politics over the That waste, fraud and abuse is an are a drag on the economy. course of the last 20 years, certainly enormous number. It is close to the de- It is interesting, I believe the new as- over the course of the last five or ten, fense budget of the United States. For sistant Secretary of the Treasury just in an accelerating fashion has become every $100 that American taxpayers a couple of years ago wrote a book, a more and more about promises. And at pay in taxes, $14 goes to pay interest on textbook, saying how interest rates the end of the day that is why I feel the Federal debt that has been accumu- can go up as a result of these deficits, that the Republicans, and in some lated over the years of multiple gen- and now he has had this great epiph- cases some Democrats, have tried to erations and multiple Congresses. So any. He has heard this voice from the argue the deficit does not matter be- $14 of every $100 every taxpayer pays heavens telling him, well, I must have cause the deficit is inconvenient. When does not buy a single soldier, it does been wrong. I guess tax cuts are more you are out on the stump trying to get not buy a single police officer, it does important, and he is working for the elected, people wants tax cuts and they not get a single pharmaceutical pre- Bush administration. We know it is want spending programs. Fiscal respon- scription drug benefit; it goes right wrong, but it can cause enormous sibility in the short term does not put down the rat hole. This $14 figure out havoc in the economy. any money in anybody’s pocket and it of every $100 will grow if the Repub- Perhaps, the other reason I have is a hard thing to be in favor of. lican budgets of longtime fixed deficits come to speak on the tax cut, economic You want to promise things. You that will grow over the next decade models can come or go. We have dif- want to promise a prescription drug prevail in these Chambers. ferent viewpoints. Economists feel dif- benefit. You want to promise a big tax

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.182 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3031 cut. You want to promise more money be our grandchildren that will have to prepares us for the future and allows for the military or more money for be the ones to clean up the fiscal mess future economic growth. education or more money for veterans. that is being created today. And it is I want to thank my colleagues again And those promises add up to far more not fair to them because they too often who came out to speak with me to- than we could ever possibly deliver. are the neglected voices, the future of night on this issue. This is not the last And as those promises add up, we dig this country, when, in order to sell a time we will be talking about it. Fiscal ourselves a deeper and deeper hole so certain type of philosophy or economic responsibility is a never-ending job. that when we actually get back to Con- policy, you try convincing the Amer- f gress or in the White House and we ican people that they can have it all. UGANDA AND THE MILLENNIUM have to make the decisions that are They can have this huge increase in de- CHALLENGE ACCOUNT necessary to move our country for- fense spending that we are seeing right ward, we have that huge stack of prom- now and they can have a large tax cut The SPEAKER pro tempore (Mr. ises coming up behind us that we do at the same time which was exactly BURGESS). Under a previous order of not think that we can get out from the same economic policy that was the House, the gentleman from Lou- under. pursued in the 1980’s and first part of isiana (Mr. JEFFERSON) is recognized Mr. Speaker, I guess I will close on a the 1990’s. for 5 minutes. bipartisan note. While it is certainly It has been said that what we are de- Mr. JEFFERSON. Mr. Speaker, I am true to say that the Republicans right bating today is deja voodoo economics pleased that Congress is advancing the now are behaving in a very fiscally ir- all over again. And I believe that be- Millennium Challenge Account or the responsible manner, they have turned cause this is history repeating itself. MCA, a bold initiative supporting eco- on a dime from a rich history of fiscal Where we saw with the decisions made nomic growth and self-sufficiency in responsibility for political reasons, it in the early 1980’s led to a quadrupling the world’s poorest nations. I applaud is fair to say that Democrats have not of the national debt and the detri- MCA’s focus on reforming poor nations always been fiscally responsible either. mental economic effect it had on our that have demonstrated achievement In many cases they have supported Nation, and now we are back in that in ruling justly, investing in people, more programs than our government same type of scenario. And it is not too and encouraging economic freedom. can support. It is a bipartisan problem late. And hopefully we will be able to MCA should have a special emphasis on but it can also be fixed in a bipartisan engage in a bipartisan conversation in sub-Saharan Africa, the poorest region manner. There are Republicans and this Congress and get the President of the world with over 290 million peo- there are many Democrats who believe and his people back involved in this. ple living on less than one dollar per in balanced budgets and fiscal responsi- And let us come up with a long term day. bility. As a group, we need to rise up plan recognizing the short term de- Several countries in sub-Saharan Af- and make sure that our voices are mands on the Treasury that we cur- rica are successfully addressing some heard and our policies get enacted. We rently have, the obligations to fight of the most critical developmental can not afford to have deficits for as international terrorism, to do Iraq challenges of our century, HIV/AIDS, far as the eye can see. We certainly right, not only winning the war but poverty eradication, political reform cannot afford to have $4 trillion in defi- winning the peace. But let us also have and economic liberalization. cits racked up over the course of the a long term plan in order to set up fu- As our Nation prepares to launch next 10 years. ture Congresses and our kids for a MCA and make this important con- If we do, future generations will be chance to succeed with this aging pop- tribution to human and economic de- dealing with a mess of a size this coun- ulation which we all know is going to velopment, we can draw inspiration try has not seen. Fiscal responsibility happen and which everyone does not from countries such Uganda. Uganda matters. Let us always remember that really want to talk too much about. progress demonstrates that the devel- and pledge to work on it. But this is the time for us to make opmental challenges confronting Afri- Mr. Speaker, before I am done I want these decisions, not when we have 80 ca are immense but not insurmount- to recognize the gentleman from Wis- million Americans suddenly retiring able. consin (Mr. KIND). and entering these very important pro- Uganda was recognized by the World Mr. KIND. Mr. Speaker, I thank my grams. I thank the gentleman for Bank/IMF as the first IDA or Inter- friend for yielding to me before we yielding to me. national Development Association yield back the remainder of our time. I Mr. SMITH of Washington. The gen- country to adopt a comprehensive and think the gentleman has touched upon tleman’s remarks reminded me of a participatory national strategy to a very important point and we need to line from the President’s State of the eradicate poverty. As a result, Ugan- just restate it. And that is the essence Union speech this year. Very early on da’s poverty rate dropped from 56 per- of budgeting is all about decision mak- in his speech he said that the para- cent to 35 percent over the past 10 ing, but it should also be about taking mount goal of his was that we shall not years. During this same period, Uganda responsibility for what is taking place pass our problems and our challenges has maintained a growth rate of over today. And the easiest thing for a poli- on to future Congresses. Now, I think 6.5 percent. Uganda is leading the de- tician to be able to say to people back what the President was alluding to at veloping world in addressing its HIV/ home or to run on the campaign is, that point was Saddam Hussein and AIDS rate and its infection rate which You can have it all. You can have all Iraq; and I happen to agree with him on fell from 30 percent 10 years ago to less these programs that you care about. that for one. I think it was bold and than 7 percent today. We can fight this war in Iraq and do courageous to step up and address that Over the last 12 years primary school the rebuilding, and you can have large problem and not pass it on to future enrollment in Uganda increased from tax cuts on top of it and you can have Congresses. 40 percent to 99 percent. This transit all. But I could not help but be struck by formation helped Uganda to further But you cannot because decisions the irony of a line saying, We shall not distinguish itself as the first country have to be made. And if you pursue pass our problems on to future Con- to qualify for the World Bank’s Heavily that type of economic policy, if you gresses. If you think about it basically Indebted Poor Country debt relief ini- pursue that type of political message, what he was saying was but we shall tiative or HIPC. what you leave the American people pass on the bill. That is not respon- Uganda’s success is attributed to then are these massive budget deficits sible. When you run up deficits like strong leadership and the government’s because the current generation of this, that the very definition of passing establishment of broad-based public- Americans are not stepping forward your problems on to future Congresses. private partnerships in health care, and taking responsibility for the deci- It is irresponsible, unworkable, and not education, and economic development sions that are being made today. And in the best interest of the future of this in rural communities and municipali- what this, in essence, constitutes then country. I am absolutely convinced we ties throughout the Nation. is taxation without representation be- can do better, that we can put together The number of registered nongovern- cause it will be our children and it will a fiscally responsible budget that best mental organizations and faith-based

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.183 H09PT1 H3032 CONGRESSIONAL RECORD — HOUSE April 9, 2003 groups working with local government modern times when a country as strong uge which has potential that is there administrators has more than doubled as America is willing to go in and se- on land that was put aside for that over the past 5 years. Uganda’s success- cure the freedom for other people. And very purpose. A common sense ap- ful development model also includes so this is a time of great faith in Amer- proach for providing for our energy empowering women in government, in ica but it is also a time of problems. needs could be easily accomplished. civil society and in enterprise develop- And, in fact, in Iraq in particular we b 2130 ment. The number of women in the see one of the side effects of that war governments rose from 22 percent to 45 has been a significant increase in the If we do nothing as a country, my bill percent in 4 years and a woman now cost of oil and gas and energy for the worsens, my situation becomes more serves as Vice President of Uganda. people of America. So tonight 2 or 3 of desperate. We can easily balance our Mr. Speaker, Uganda’s record of us who are members of the Western political policy needs for energy with achievement reflects good governance. Caucus would like to talk about energy good environmentalism both for today President Museveni and his team have policy in America and the need to pass and for tomorrow by simply putting successfully transformed a war-torn the energy bill later this week. politics aside and simply doing what is and ethically divided country into one A couple of things are important as right to provide for my family, as well with strong democratic institutions. we do that. In the first place, we need as for millions of people on a fixed in- Uganda held successive elections in to protect the environment. That is es- come who need a stable and predictable 1996 and 2001 that were certified as free sential. In the second place, we need to domestic energy source, and if we re- and fair by national and international have a secure source of energy, and ject what modern technology can do to bodies. Additionally, the government that needs to be largely domestic. And, provide that and provide for our envi- has made the issue of multi-party sys- finally, we need to have a reasonable ronmental needs, we are moving this tem a transparent debate with the ref- price for ourselves and for future gen- country’s policy back 20 years. erendum in 2000 that was also certified erations. Mr. CANNON. Mr. Speaker, would as free and fair by the international A little bit later I am going to talk the gentleman answer a question? community. about oil or gas exploration and devel- Mr. BISHOP of Utah. Of course, I Voter turnout in Uganda is also ad- opment in America. I would like now would. mirable with the vast majority of eligi- to introduce a couple of my colleagues. Mr. CANNON. As I look at this chart, ble voters consistently turning out to I will start with the gentleman from the green line is not oil production in vote. Uganda is now engaged in a na- Utah (Mr. BISHOP) who will take a cou- America. That green line is oil produc- tional process to further refine its ple of minutes to talk about some of tion that has come through the trans- flourishing democracy. the big ideas here. Alaska pipeline. So this is essentially While corruption continues to chal- Mr. BISHOP of Utah. Mr. Speaker, I the Alaskan oil that has come into lenge Uganda, the government is mak- thank my senior colleague from Utah. America, and yet even that relatively ing strides with the adoption of an ag- Mr. Speaker, when we entered this small portion of the oil we bring into gressive anti-corruption strategy body a couple of months ago I was a America from Alaska through that through the independent Office of the high school teacher. And I have to pipeline has had a dramatic effect on Inspector General. In partnership with admit it is somewhat difficult trying to the price of oil elsewhere, and that is the World Bank, Uganda instituted re- raise 5 kids on a high school teacher’s because I think the markets are so forms to broaden the enforcement au- salary. One of the things that was most tight that small fluctuations in our re- thority of the IGG and strengthen its significant, most difficult, was always sources make a huge difference in that ability to fight corruption. Public offi- dealing with those essential energy price. Is that what that chart is say- cials in Uganda must now among other costs that were coming to us, the high- ing? things declare their wealth upon tak- er utility rates, increased gas, always Mr. BISHOP of Utah. Mr. Speaker, ing office and throughout the process seeming at the whim of foreign changes the gentleman from Utah is absolutely of their holding office. that took place, and always without a correct, and it clearly illustrates the Mr. Speaker, Uganda’s record speaks comprehensive energy policy that this potential we have to make life better for itself. The Millennium Challenge country vitally needs. for Americans if we just use what we Account should build on the African Those costs were ever escalating. have in a common-sense approach to a Growth and Opportunity Act. It should And it does not take a rocket scientist domestic energy policy. strengthen the capacity of progressive to figure out, if you would just look at Mr. CANNON. When people talk poor nations, such as Uganda, to real- the chart we have here and follow the about the ANWR producing only a tiny ize further gains as they proceed on the green line which is simply gasoline fraction of the energy we need, what arduous but promising path of reform prices or gasoline production versus we are really saying is that a small and development. the red line which is prices. And you fraction of the energy has a huge influ- f simply know as the green line goes ence on the price we pay at the pump? down, prices go up. Now the inverse Mr. BISHOP of Utah. Mr. Speaker, AN ENERGY POLICY FOR AMERICA would also be true. If we could increase the gentleman from Utah (Mr. CAN- The SPEAKER pro tempore. Under the supply, the cost would also go NON), once again, is absolutely correct. the Speaker’s announced policy of Jan- down. It has a huge impact, and that small uary 7, 2003, the gentleman from Utah There are those who claim that there fraction is estimated somewhere in the (Mr. CANNON) is recognized for 60 min- is no way we can possibly increase our neighborhood between 5 and 16 billion, utes as the designee of the majority energy source without totally destroy- with a B, barrels of recoverable oil. leader. ing our environment. Mr. Speaker, I Mr. CANNON. We have a chart later GENERAL LEAVE have to reject that failed philosophy of on that shows the various countries Mr. CANNON. Mr. Speaker, I ask the past. It is possible for us to secure that produce oil that we bring into unanimous consent that all Members our environment. We all want to drink America and shows that that produc- may have 5 legislative days within clean water, to breathe clean air, to se- tion in the new ANWR would actually which to revise and extend their re- cure the land. But we can secure our be the second or third largest amount marks on this special order. environment by relying on modern of oil we bring into America from any The SPEAKER pro tempore. Is there technology to also provide us with the part of the world; is that not correct? objection to the request of the gen- energy source we need and a domestic Mr. BISHOP of Utah. It would be ex- tleman from Utah? energy source that we desperately actly right. It would make a major im- There was no objection. need. And we can do so not by dealing pact on the domestic future and sta- Mr. CANNON. Mr. Speaker, it is a with foreign powers, but on land that bility of energy sources in America. great time, as we come together to we presently own and control. Mr. CANNON. Mr. Speaker, if I got speak tonight, things are going well, In a minute, Mr. Speaker, I think one this right from the chart there, we add thank heavens, in Iraq and I think we of my colleagues will go into detail ANWR to the system and bring that oil will actually see a time and place in about the Arctic National Wildlife Ref- into America and prices, instead of

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.184 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3033 spiking like the gentleman’s red line scribed for us how life was very harsh has ever visited the area has had pretty shows there, prices tend to plummet growing up. He grew up in an igloo much the same response. I have not like they have done as we have brought where they would gather driftwood on been up there. I understand it is a phe- that oil from Alaska into the American the beaches before school, and they nomenal visit, and it helps to under- market earlier? would make fire out of this driftwood, stand exactly what we are doing and Mr. BISHOP of Utah. As I said, it and they would burn whale oil for heat. why this is a reasonable bill, especially does not take a rocket scientist to re- This whale oil would fill the room with when we put it in the context of the alize that is the way of protecting the deadly smoke, and this deadly smoke people that are there locally. future economic and energy needs of led to a generation of Eskimos, par- Mr. RENZI. Well said. One of the this country. ticularly his father’s generation, who comments that was made to us was Mr. CANNON. Mr. Speaker, I thank lived on average only until their late really how there have been a few people the gentleman for his comments. forties. that have made it as far north as An- Mr. RENZI. Mr. Speaker, will the During our hearing, the community chorage, Alaska, but no one has taken gentleman yield? leaders of Kaktovik taunted the ex- the time to go all the way up to the Mr. CANNON. I yield to the gen- treme environmentalists. Let me quote arctic circle in the northernmost point tleman from Arizona. the mayor of the north slope borough of Alaska, the northernmost point of Mr. RENZI. Mr. Speaker, I was fortu- who said, We do not want to go back to the United States of America, and hold nate this weekend to visit the Arctic our igloos, as some people want to see a field hearing in a small Eskimo vil- National Wildlife Refuge, ANWR, with us. We want to grow by opening up lage. the gentleman from California (Mr. ANWR. These people, the Inupiat Eskimos, POMBO) and several Republican con- The only people who live in or around they are a very proud and strong peo- gressmen as well as our Democratic ANWR want oil development. They be- ple, and they are tired of telling Ameri- colleague, the gentlewoman from lieve, and I quote my 81-year-old cans, telling politicians in Washington, Guam (Mr. BORDALLO). friend, ‘‘that man was put on this earth telling eastern environmentalists what We began our visit by visiting the to use the land,’’ to draw from its re- they want, only to have Congress not pristine environment in the southern sources and to benefit. do their will. We are dealing with na- Alaskan town of Valdez. Valdez is lo- The Americans out there listening tive American lands where they cannot cated at the southern end of the pipe- tonight need to know that while the even drill their own oil to sustain line where wildlife and sea otters and homelands of the people of Kaktovik themselves. They cannot even go after clean crisp air and the oil shipping have been returned, the extreme envi- it. We stop them. business co-exist in harmony. ronmentalists will not allow them to We need to open up these lands. My This is not rhetoric from some Con- use their natural resources that are be- colleague knows the issue well. It is gressman who has never set foot on the neath their feet. well said. site. This is firsthand knowledge seen While we fight to liberate Iraq from a Mr. CANNON. Mr. Speaker, I appre- with my own eyes that we can truly brutal dictator, each passing day we ciate the gentleman’s comments. I balance our energy needs and our de- become more dependent on foreign talked to many, many people about sire to protect the environment with- Middle East oil, and all the while, we this, and to a man or woman on either out disturbing the ecosystem. have American oil located on the north the Democratic or Republican side, to While in Valdez, we discussed sug- slope of Alaska in an area inhabited by the degree they have been there, their gested inferences that oil is seeping out a wonderfully strong, native people views are radically different from what of the pipelines and ruining the envi- who want to help us fulfill the energy they were before they were there. I ronment in great volumes. Let me say needs of our Nation by using American think the gentleman expressed it very as a witness on the record that no such oil in their backyard. well. claims exist. In fact, if so much as a The people of Kaktovik told us that I know the gentleman from Utah (Mr. spoonful of oil or even brake fluid they need the economic gains that will BISHOP) also had some comments for spills, an action report is filed, and help their people live longer, healthier the gentleman. there has been no such seepage at this lives, economic benefits to build class- Mr. BISHOP of Utah. Mr. Speaker, I site. rooms where they can teach their little noticed on the chart there that the We toured the engine rooms and the ones their native languages, to build gentleman has the current Alaskan facilities of the oil transfer stations, museums to display their traditions pipeline that is there. How far is that and we found the conditions to be spot- and cultural heritage. from the area we would be moving into less and clean. The new technology and Mr. Chairman, domestic oil produc- to provide this new domestic security? equipment used for transporting oil, tion also means more jobs for native Mr. RENZI. I thank the gentleman the professional mindsets of the em- American Eskimos and the entire Alas- from Utah for his question. ployees and the operations of the en- kan economy. New advancements in Americans invested their tax dollars ergy development company have be- arctic frontier technology allows us to in building a pipeline that runs almost come so advanced that together they explore and develop oil with the high- 800 miles from the coastal plain in now serve as a guardian of the magnifi- est environmental safeguards. Prudhoe Bay all the way down to cent environment of Prince William Within this energy bill, section 3 of Valdez, millions and billions of dollars, Sound and the southern Alaskan town H.R. 39 requires the Secretary to en- jobs and the economy back in the 1970s of Valdez. sure, ‘‘that oil and gas exploration, de- when I graduated from high school. We then flew from Valdez in the velopment, and production activities Many of my classmates went and southern part of Alaska to the ANWR on the North Slope result in no signifi- worked on the pipeline. Some stayed area, what they call the coastal plain, cant adverse effect on fish and wildlife, because of the magnificent beauty of and we flew to the small Eskimo vil- their habitat, their sustaining re- Alaska. lage of Kaktovik. It was almost 20 de- sources and the environment.’’ This What we learned is that this pipeline grees below zero, and we were met highest standard of environmental pro- at its highest production was pro- there by over 200 people who turned out tection is reiterated many times ducing about 2 million gallons or a lit- at their local community center for throughout this energy bill in H.R. 39. tle bit more. During the first Gulf War, our field hearing. Everyone in attend- Let us give the Eskimo village of under President Bush, we increased ance, except for a handful of non-Eski- Kaktovik what they want. Pass the en- that to a little bit over 2 million be- mos and one resident, was in favor of ergy bill. Return not just their land cause the production had fallen off to responsible energy development in but the natural resources that are des- about 1.5 million barrels a day. their surrounding environment and on perately needed to secure their future Right now, even though we are at their lands. and ours. war with Iraq, at maximum production We met with the elders who were rep- Mr. CANNON. Mr. Speaker, I say to we are only getting 1 million gallons a resented by an 81-year-old man by the the gentleman from Arizona (Mr. day, and that is because the reserves at name of George Atookchook. He de- RENZI), everybody I have talked to who Prudhoe Bay have fallen off, and yet to

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.186 H09PT1 H3034 CONGRESSIONAL RECORD — HOUSE April 9, 2003 answer the gentleman’s question, 74 that technology, and the bridge from to eventually solve problems in the fu- miles is all we need to go with a little today until that day is that we use our ture and have some kind of independ- step. All we have to do is build off of American oil and not be so dependent ence with a domestic source of energy, the existing pipeline in order to reach on foreign oil. this is a significant piece of the puzzle. ANWR, and of that 74 miles, 30-some Mr. BISHOP of Utah. Mr. Speaker, I Mr. CANNON. Reclaiming my time odd miles has already been completed. thank my friend from the neighboring for a moment, Mr. Speaker. Everybody So we are talking about 30 or 40 miles State of Arizona for his insight into in America knows we are struggling. of more pipeline that we need in order what the people of that particular re- We are paying a lot higher prices for to use a billion dollar pipeline that is gion actually feel and think about this our gas. That really bugs me person- already in existence. area they know and love so well. ally. Mr. BISHOP of Utah. Mr. Speaker, I Mr. CANNON. In just a moment we If we go over there four or five ask this one final question. With the are going to yield again to the gen- points, and if the camera will focus on risk of being somewhat of a leading tleman from Utah (Mr. BISHOP) to sort that chart, we see the red piece there. question, I think the gentleman very of explore what the meaning of the size That is the amount of oil that we get eloquently stated the position of the of the disturbance is here. from Iraq, and that looks to me like it people who are there. I guess I would, Let me just say to the gentleman is less than a third of the amount of oil once again, want to try and somehow if from Arizona (Mr. RENZI) that his dis- that we would get daily from this new the gentleman could reiterate in his cussion about alternative fuel is impor- area in ANWR. Am I reading that cor- own mind that one of the problems we tant. We actually have a chart here rectly? have had with our failed philosophy in that shows at the highest expectation Mr. BISHOP of Utah. The gentleman the past that has produced so many of alternative fuels, it does not get us is correct. Iraq plays almost an insig- problems is trying to have a Wash- very far in the foreseeable future, but nificant role in the energy sources for ington solution, one size fitting all. in addition to that, let me just say the United States. But the other coun- Is the gentleman comfortable that that I firmly believe that people who tries that we have here, Saudi Arabia, the locals who know and understand are local have an understanding of Canada, Mexico, and especially Ven- ezuela, they are key elements in our the land, who know and love that envi- what their environment is, and they foreign policy dependency. When ronment, is the gentleman comfortable have a terrific interest in maintaining changes take place there, when prob- that they are positive that this is the it. lems develop in those countries, we re- appropriate thing that they want in We have had this problem in Utah ceive the brunt of it with higher costs their particular area and they know where we have ranchers who care enor- how to control it? for utilities, higher costs for gasoline. mously for the land, and we have had Mr. CANNON. If I have what the gen- Mr. RENZI. Mr. Speaker, I thank the outsiders who said, No more moo in tleman is saying, and again focusing gentleman for the question. 1992, trying to get rid of all cattle graz- the camera on that chart, ANWR pro- We asked several of the city council ing in 1992, for instance. members, current city council mem- duces almost as much gas or oil as 2145 bers, we asked several of the mayors b Saudi Arabia does. The next largest importer of gas or oil to the United from a local area, we asked the presi- And it turns out we find now that the States is Canada, and that would be dent of the student body of the high cattle grazing is remarkably important about the same amount we would bring school, we asked all the villagers who for the health of the land. So locals in from ANWR. And then the next larg- were at the hearing, over 200 of them, have a tendency, since they are respon- est exporter of oil and gas to America what is the majority opinion, what do sible for it, since they interact with it, would be Mexico, and that is a little they feel. They said that, overwhelm- they are more reliable in how they op- less than the amount of gas that we ingly, the people of this native Amer- erate and work on their lands. would bring down from ANWR if we did ican Eskimo village very much want to Mr. Speaker, I now wish to yield to that drilling. And then the next largest open it up. the gentleman from Utah (Mr. BISHOP). supplier, which is significantly less The reason is because in the begin- Mr. BISHOP of Utah. Mr. Speaker, I than what we would get out of ANWR, ning, when the drilling was being done thank the gentleman one more time, and if I could reiterate what the gen- is Venezuela. at Prudhoe Bay, there was a fear. They Now, of course, part of our problems tleman from Arizona started by just were unsure what kind of neighbors the today, and I should not blame this all pointing out that this entire refuge is oil companies would be. Since that on the war in Iraq, because Venezuela about the size of South Carolina. The time, technology and equipment and has had its problems in recent times, only area we are talking about is the the good, hard work of all kinds of but we can replace virtually any one of Americans, including their own people, area in green, which from the begin- those suppliers with just the oil we get who work on this pipeline have proven ning was set aside for the purpose of oil out of ANWR. over the years that this is a worthy in- exploration. That was part of the com- And when we get to the next step, we vestment, and they are worthy of their mon sense approach we had when we drop way down on that chart, to the trust. So these oil companies have been preserved this land. point where Nigeria is only giving us a good neighbors, and they know that The only part we are talking about, quarter, or a third of the oil that we that will continue with some of the fin- as he so brilliantly put it, and the would get from ANWR. est new technologies and some of the closeness of the original pipeline, is So ANWR represents a pretty huge finest advancements in arctic tech- this small little red dot. That is the en- step in energy independence in Amer- nology and equipment to pull that oil tire area. If we view the second shot, ica. Is that what I am seeing here? out of the subsurface terrain. we can see that that small dot is only Mr. BISHOP of Utah. The gentleman What they know is they have good about 2,000 acres. That is the footprint, is correct. And these are once again neighbors in the oil companies. What which is smaller than Dulles Airport, what we assume to be the average daily we do not know is how much oil really which services Washington, D.C. The oil productions in these areas. is under there, whether it be 6 billion amount of area we are talking about is The gentleman is correct in pointing gallons, whether it be 15 billion or even less than what is Dulles Airport com- out how much we receive from Canada. more. What we do know, though, is pared to the size of the State of South If my colleagues would simply note that our Nation needs it as a bridge to Carolina. what the Canadians are doing in pro- take us from our current dependency And as the gentleman from Arizona viding that oil is simply the area on on oil to this new generation of alter- said, this could be a significant find in the other side of this region that we native fuels. giving us domestic security with the want. That is the production lines that We cannot just go to alternative domestic source of energy we need. And they are having. They understand the fuels. That is so expensive right now, as we see by this particular chart, the purpose of it. And the Canadians are to think we are going to jump to the amount of oil that is recoverable in the able to use modern technology to fuel cell or we are going to jump to hy- ANWR area is second only to what we produce the oil and not to spoil the en- drogen today. We need time to develop receive from Saudi Arabia. If we want vironment. It does not have to be one

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.189 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3035 or the other, where we either have the very articulate, thoughtful guy. And if to work with a sound environmental energy source or we have the environ- he figures out people in Washington do policy with an energy company who ment. We can have them both. We have not listen to him, he is probably pretty has been a proven neighbor to them in the technology to make it possible to smart too. order for them to gain the benefits of protect our environment and protect a But as I listened to what the gen- the earth. domestic energy source at the same tleman was saying, I call to mind an It is really a beautiful holistic ap- time. article that was printed about a year proach to the land. Mr. RENZI. If the gentleman will ago in the Atlanta Monthly which Mr. CANNON. Mr. Speaker, it sounds yield, he makes a great point about the challenges the notion that the people sort of like what we in America might environment. I think in our argument in the Americas were savages when Co- call a stewardship. we need to point out some of the truths lumbus arrived. In fact, frankly it was Mr. RENZI. It is very similar to our about the environment. Seeing that I suggested that the populations of Na- stewardships. was there 3 days ago, I would like to tive Americans were much higher. And Mr. CANNON. Since the gentleman describe for my colleagues exactly one of the points the article makes is was just there, let me ask him a couple what is there. And I would like to use that the Amazon jungle, which has more questions. In the first place, my the words from a letter that I received very, very limited soil, is actually an understanding is that where we have while there during the hearing. artifact of man. In other words, we had had the transAlaska pipeline, and First of all, the environment when I millions of people living in that area where we have drilled, the caribou was there was about 20 below. And we and they created the jungle as people herds have increased significantly; is are dealing for miles and miles, as far who were taking charge and being that correct? as the eye can see, with a vast, sheer aware of their environment. Mr. RENZI. There was discussion flow and flat surface. This is not moun- It seems to me that many of the enduring our hearing that the caribou tains and streams and brooks and ri- vironmentalists are actually racists. herd actually uses the pipeline struc- parian areas. This is not sensitive They think that they have got the ture as a wind sheer or as a warming areas where the musk oxen are hiding ideas and that man should not be in- element to help them in their mating out of the wind, as we have seen on volved and that we should go back to process. some of the environmental videos. This the way the Native Americans were Mr. CANNON. Warm mating is al- is a flat, frozen area. when we got here, ignoring the possi- ways better than cold mating, I sus- Let me take the words from Herman bility that there may have been 100 pect. Aishanna. He is a whaling captain and times as many Native Americans in the Mr. RENZI. I agree. But in essence serves on the Kaktovik City Council. Americas when Columbus arrived. The there are two caribou herds. There are He is the former Mayor of Kaktovik. article suggested that the antibody a lot of people who talk about the por- These are his words, not mine. ‘‘For systems of the Indians in America were cupine caribou herd, whose numbers any who think they can make this rich so similar that diseases came in and are about stable; and then there is the and fully peopled country of the decimated them, nearly knocked out 98 coastal plain caribou herd, whose num- Kaktovik into a wilderness, they percent of the people in the Americas. bers have grown exponentially over the should be aware not only that we the So, naturally, they did not seem to years. So all the research and science living are here, but also that the spir- have the kinds of cultural achieve- shows that there has been no signifi- its of our people since the time imme- ments that were apparent, say for in- cant impact on the caribou herds and, morial are here. No matter how blind, stance from the 2 million acres of ter- in essence, the caribou have grown in no matter what anyone wants to call race lands in Peru. population. it, this country is hardly a wilderness But it occurs to me that people who Mr. CANNON. Let me ask one other and it will never be a wilderness. This assume that they, the Native Ameri- question, because the gentleman has country has a people and today you are cans, did it all wrong or did something been there recently, and he said it was looking right at them.’’ else other than what we are doing is a 20 degrees below zero. Now, he gave us this letter as a wel- pretty narrow and racist view of those My understanding is you drill in the coming letter but also as a warning. He folks. And it seems to me that we are wintertime there. You create an ice does not want to be locked out by some doing exactly the same thing when we sheet and then drill down through that sort of environmentally imposed wil- decide in Washington, we who have sheet, so that when you finish drilling derness status, particularly given the never been to that area and have never and have the equipment gone, when the sheer vast areas that his people in- talked to those people, that we know springtime comes the ice sheet melts habit, the habitat of his people. Now, best for them what should happen in and it is like it was never there in the this man is a leader in his community, that area and on land that they love first place. And, in addition, you only and he very much has reached a point, and that they feel a kindred spirit for have a little bit of a box that protrudes and again and I would like to reiterate, or feel close to because of their ances- where the oil goes through. where he is tired of going to hearings tors and the spirits of their ancestors Mr. RENZI. That is correct. One of time and time again all the way down who have been there prior to them. the arguments that we are hearing is in Anchorage, Alaska, traveling down That is a pretty important point the that the old oil technology, that old there with his people. He says, ‘‘We gentleman is making. dark industry of the past, is going to know that they do not listen because Mr. RENZI. The gentleman is so cor- ruin the environment. And it is a false- they do things we told them not to do. rect. One of the points that came up hood to think that new technology and We know they do not listen to us be- during our hearing was that the impact lessons learned from the past are not cause we see them telling people how that the good Eskimo people have going to be used. The language re- we feel about this, and they get it all made on the land is an impact that quires, absolutely requires that the wrong.’’ they desire. There is a philosophy that newest and best technology of our oil Again, a good leader in his commu- they have that the earth was given to industry, the American oil industry, be nity frustrated with the idea that we them as a gift; that the earth was used at ANWR. would create a wilderness area at given to them to use and draw out the The gentleman from Utah talked ANWR, lock his people out from using resources. about the ice roads. What we are going the snowmobile machines, lock out the So the day that the generations long to do when we go into ANWR, if we are ability to use the airplanes for hunt- ago showed up on that coastal plain, allowed to drill, if we are allowed to re- ing, lock it up and set it away without the first day they killed the first move those resources and provide for him being able and his people being whale, they believed the creator gave the energy needs of our country, we able to go into the lands and draw out that to them to feed them, to clothe will build a frozen sheet of ice, many the natural resources. them. That first day they made an im- feet thick, in order for the tractors and Mr. CANNON. I could not help think- pact, and to this day they impact the the vehicles to move in on. So that ing, while the gentleman was talking, environment. They want to be able to when in the springtime the ice melts, that the former mayor sounds like a control their own destiny. They want there will be no impact to the tundra.

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.190 H09PT1 H3036 CONGRESSIONAL RECORD — HOUSE April 9, 2003 Absolutely none other than the small clearly illustrated what we sadly lack proud of them for that. But the prob- areas where the oil is actually ex- here in Congress, a common sense solu- lem with wind is that it is only really tracted. tion balancing the needs of the future available in a few parts of the world. But that small impact has got to be and today with the heritage that is al- Often those areas are far from trans- weighed in balance, in a rational bal- ready there. They know it, they under- mission lines, and the wind only blows ance, with the needs of this Nation and stand it. Using technology, they are 38 percent of the time. The rest of the the security of this Nation. ready to move forward if we just allow time we have to have a redundant Mr. CANNON. Well, I thank the gen- them the tools to do it, and they all source to take the place of the wind tleman, Mr. Speaker, and I think the can win. It does not have to be a lose/ that is not blowing. gentleman from Utah is now going to lose situation. It is a win/win. They un- Mr. RENZI. Mr. Speaker, when I grew shift to some charts that actually gives derstand that, and we need to gain that up in Arizona, so many people were us a sense of the proportions that are same insight. talking about wind as being the next involved. Does the gentleman have the Mr. CANNON. Mr. Speaker, I yield to technology. So many people were im- chart that shows Alaska as part of the the gentleman from Pennsylvania (Mr. plying that the wind energy that we re- United States? Because if I could ask PETERSON), and then I will speak about ceive would be cost efficient. Now I am the gentleman a few questions. oil and gas and we will conclude at hearing they want us to take down the Alaska appears to me to be about a that point. windmills because it ruins the view third of the land mass of the United Mr. PETERSON of Pennsylvania. Mr. shed. States. And then we have that little Speaker, I thank the gentleman for Mr. PETERSON of Pennsylvania. The yellow area up there that represents yielding. volume of wind turbines needed to sup- ANWR essentially. I come from Pennsylvania where the ply a State like Pennsylvania would Mr. BISHOP of Utah. That is ANWR, first oil well was drilled. I live 5 miles cover half of New England. The other yes. from Drake’s well. When we discovered part is that is not where the wind Mr. CANNON. Does the gentleman oil in Pennsylvania, it changed the blows. In Pennsylvania they have have the chart that shows what portion world. The whole industrial world as found two places, up in the north cen- of ANWR we would have drilling in? we know it today came about when oil tral part of the State in my district Mr. BISHOP of Utah. Yes. became one of our energy sources. and in the south central part of Penn- Mr. CANNON. And if we could focus Since then, many energy sources have sylvania. There are two areas where the camera on that, we would appre- been added. the wind is the best, and they have de- ciate it. What do we need? Do we need ANWR, veloped a wind farm at one and are So we have all of Alaska, rep- you bet. Do we need to open a lot of the talking about a wind farm at the other. resenting about a third of the land west and other parts of this country Where the wind blows best in the far mass of the United States. We have that are locked up to oil and gas drill- reaches of Texas where there are no ANWR, which represents the little ing, you bet. I am going to try to ex- transmission lines to get it out. green peace, which expanded out indi- plain why. When we look at the con- With solar, there are only a few cates what is ANWR and then what sumption figures for the world, 39 per- places in the country where solar is would be the coastal plain. That coast- cent of the energy used in the world is regular, and there is no solar power at al plain is tiny in comparison to Alas- oil. And of our oil, 60 percent of that night, and the few parts of the country ka, and the gentleman is actually comes from unstable, unfriendly coun- that have the majority of the solar touching that dot there, if the camera tries. That is certainly not a good posi- available are in places where there are is focusing there at the top of his fin- tion for a country like the United no transmission lines. If we double ger, a little tiny dot which represents States to be in. wind and solar in a 5-year period, we the ANWR footprint, and down below Mr. Speaker, 23 percent of our energy would be 1.2 percent of the energy there is a little square that represents in the world comes from natural gas, needs of the world. about 2,000 acres. and 23 percent of the energy that fuels Mr. CANNON. Mr. Speaker, Members That is how much land we are going the world comes from coal. Now when can see on this chart that we have the to disturb; is that about right? we add those three items together, that biggest amount of use of energy being Mr. RENZI. That is correct. means 85 percent of the energy con- petroleum. Natural gas is second; coal sumed in the world is fossil fuel. That third; nuclear, unless we do something b 2200 is an alarming figure when we think significant there, and I remind Mem- We flew over the entire area, and the about it. Eight percent of the energy bers of the fact that we have dozens of plane ride itself took just a matter of consumed in the world is nuclear. Now nuclear reactors on battle ships, on air- minutes, and we were in a prop. we are up to 93 percent of our energy. craft carriers and on submarines that Mr. CANNON. And that was for the That leaves 7 percent renewables. I have been operating for 30 or 40 more coastal plane? support renewables every way we can years without an accident, and they Mr. RENZI. That was for the coastal support them. We need to do more have been run by 18 year olds. We know plane, the entire strip in the north. hydro, we need to do more wood and a lot about nuclear, and we are going Mr. CANNON. If I am reading this biomass, ethanol, and wind solar. But to have to come back and consider chart correctly, we have Dulles Air- when we look at the figures a little fur- that. port, and I am not sure we understand ther, hydro is 3.2 percent so now we are To the gentleman’s point on hydro- what is going on in Alaska, but most at 96.2 percent of the world’s energy. power, we have dammed all of the riv- Members of Congress know Dulles Air- And when we add wood and biomass, we ers that we are going to be able to dam. port, and that is a total of 13,000 acres. are now at 99.4 percent of the energy in We will not have alternative power So ANWR is less than a sixth. The area the world. from hydropower. What we see is even that would be disturbed in ANWR for I have been in so many hearings if we doubled what we are anticipating, drilling is less than a sixth of the size where people say if we would just stop it would be irrelevant. We are not of Dulles Airport. It is all right for us holding back wind and solar, they going to be able to do much with the to have an airport and mess up 13,000 would solve our problems. Wind and huge increases in demand that we have acres of trees, but we cannot let the solar collectively is 6–10ths of 1 percent in the future based on renewables. This people of Alaska or the people in the of the energy of the world. Am I for is a graphic form to show what the gen- coastal area have a couple thousand wind and solar, you bet. A company in tleman is showing. acres that would develop jobs and en- my district has just developed some Mr. PETERSON of Pennsylvania. Mr. ergy for America that would displace 4 technical engineering that will help Speaker, what we need for the sake of times over our dependence of oil on wind be far more efficient because it our economy is we need reliable sup- Iraq. That seems to me to be a no- will automatically position the wind plies of all energies, and we need to brainer. turbines so they face the wind prop- prevent spikes. The spikes from 2 years Mr. BISHOP of Utah. Mr. Speaker, in erly. As the wind changes, they change. ago started us back into a recession. reading the letter of the mayor, it It adds to their efficiency. I am very The spikes this winter are going to

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.192 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3037 slow down our economy further. The point out the gentleman is correct, and so reserves of oil and gas have gone one energy that is the greatest concern there is a great deal of gas under the up dramatically. We know that we had right now is natural gas. Many years Great Lakes where we are not now oil and gas in the ground at different ago in the last administration there drilling and have prohibited ourselves places, and we did not have the tech- was a decision made that coal was out from drilling, and so that leaves the nology to get it out, and so we did not and gas was in for electric generation. bulk of the gas that we are going to use count that as a recoverable reserve. We I personally am not a big fan of gas for to heat homes. And somebody said 95 now have technologies that will get a electric generation. We used it for percent of our new generating capacity lot more of that out, so our recoverable peaking power because I believe it has is gas, and it is gas because people say reserves have gone up on that basis, been the main source of home heating, it is clean and we can get away with it and also on the basis that we have ex- commercial, and the main source for environmentally. But where is the gas plored more so we have found new re- our industry, and it should be the main going to come from? Texas, which is a serves. So we have a couple of dynam- source for bus fleets and truck fleets in big producer of oil and gas, is building ics there. our city areas where we need clean air. just gas generators. They are not going But those reserves are discounted by The easiest conversion away from pe- to export any gas in the future because what we can reasonably legally get to. troleum is natural gas for our trans- they are going to run their own genera- I suspect, in fact, we are at an all-time portation fleet. In my view, that would tors in Texas with that gas. low, as reflected in the high price of oil be a better use. Unless we take that 40 percent locked and gas, with the reserves that we have But what has happened in this coun- up now and make that available and access to today not because we have try in just a few years, natural gas, not make the rest reasonably available in limited them or we have not discovered generally used for power generation for the near mountain west, we are not more, but because we have taken those making electricity, now the gas being going to have gas to heat our homes reserves that we have and we have le- used in this country, 13 percent of the and to generate this huge amount of gally limited access to those reserves. gas is for power generation; 14 percent new power that we are going to be gen- b 2215 of the gas fuels all of commercial in erating with gas-run turbines in Amer- ica. Mr. PETERSON of Pennsylvania. this country. So power generation has That is correct. And if we do not up the caught up with commercial in a 5 or 6- Mr. PETERSON of Pennsylvania. Mr. Speaker, in my district there are a drilling in this country, because we are year period, and every day they are only importing a small part from Can- hooking up new power generation number of caverns that are used to store gas for the New England area and ada, and then we import 4 or 5 percent plants, and the rig counts in this coun- of liquid natural gas, but we only have try to produce the gas are not there. It the northeast. There are huge salt caverns that we pump the gas into in the two places, one in Louisiana and I is interesting, and I have a map here. I think one in New Jersey, where ships wish I had a blow-up of it. The dark summertime. The underground gas reserves in America are the lowest they with liquid natural gas can come here. blue on the map is where the energy is have ever been historically. The con- They liquefy it in other countries, locked up. cern is that with the amount of gas bring it here and then put it back into Mr. CANNON. Mr. Speaker, if the gas form in the pipelines, and it is camera will focus, this is it. that we are using ongoing now to generate electricity, there is not going to used, whether in our homes or commer- Mr. PETERSON of Pennsylvania. cially or business. Around the Great Lakes, this Congress be enough to fill them this summer. Last September we had the biggest, the So we do not really have the options voted not to allow slant drilling under of importing gas like we do oil. You the Great Lakes, yet we are buying gas largest amount of gas we ever had in this country. By late November, we have to have a pipeline, and the only and oil from Canada who is drilling place the potential is up through Can- under our Great Lakes and selling us had those reserves almost all used because we had an early winter and a ada to ANWR. Now, ANWR is a huge the product. It does not make much gas supply. The ANWR field has tre- sense. But if natural gas is the new fuel cold winter all up and down the East Coast, and so we used more gas than mendous volumes, but it is going to for electricity and we want to keep it cost a lot of money and it is going to reasonable for home heating and we usual. The problem is right now the average take years to build a pipeline to get want to keep it reasonable for com- gas price is somewhere between 5 and that gas down to us. merce and reasonable for our manufac- 5.50 a thousand. We were used to in this But the problem we face in this coun- turing and industries, we have got to country $2 and $3 gas. It was $3 during try I do not think a lot of people are have a greater supply of it. We cannot the peak season in the winter, $2 in the looking at. I have been watching it for import natural gas. summer when they would fill the re- 3 years as we started hooking up power A lot of people think we import nat- serves. We are now looking at filling generation plants. You can talk about ural gas from Mexico. Actually we buy reserves at $5 gas if we had it to put an 18, 20, 24 inch high pressure gas line some from them, but we sell more than there, or $6 gas. When we raise the cost sucking gas out of our system. That we buy, so we are actually an exporter of doing business that much, double en- heats a lot of homes. to Mexico. We do buy considerable nat- ergy prices and more than double for This year we had very high home ural gas from Canada, but about 86 per- large businesses that use a lot of gas, heating prices. Next winter they are cent of our natural gas that we use in we will put them out of business. going to be much higher, because there this country comes from America, and Mr. CANNON. My understanding is is really no solution to the problem. our source and supply is dwindling be- that we have actually quadrupled. Everybody all of a sudden is panicking cause we as a Congress have locked Mr. PETERSON of Pennsylvania. It because the gas supply is much lower most of those spots up, and some that was at 19 at one point. than they ever anticipated, and since are not on there, saying we cannot drill Mr. CANNON. Just in the last month global warming sort of left us out this there. we have been up to 19, so that reflects winter and we have cold weather in Mr. CANNON. Mr. Speaker, this map a lack of reserve. The gentleman said April in Washington, we are using gas shows that. We have some pretty sig- the reserves are at the lowest level at an unprecedented rate now, so they nificant reserves off the coast of Cali- ever. Reserves are a function of what are still drawing out of the under- fornia, the West Coast, and off the East we know is there. ground storage, and there is going to Coast. But the yellow or orange sticker Mr. PETERSON of Pennsylvania. No, be nothing in storage, and if we fill, we underneath here points out that 100 the reserves I am speaking about are are going to be filling at very high percent off the coast on either side of the caverns where we store storage gas. prices, which are now $5 to $6 dollars a the map are tied up. We cannot tap Not reserves. There are a lot of re- thousand. that. serves in this country, but a lot of Mr. CANNON. I would say to the gen- We have a pretty sizable reserve them are under those orange areas tlemen we have about 10 minutes left down in the Gulf of Mexico, but 56 per- where we cannot drill. in this hour. It has gone quickly. I cent of that is off limits, we cannot tap Mr. CANNON. Reserves are a func- think which had some interesting in- that. There are other areas, and I will tion of what we learn through science, formation here. I would like to talk for

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.194 H09PT1 H3038 CONGRESSIONAL RECORD — HOUSE April 9, 2003 about 3 minutes about the situation generated increasingly by natural gas. best, us who knows best how to use the with oil and gas and other energy re- But the vast majority of American land. It is also important that other sources with some charts, and then I homes are going to be heated by gas. people from around the country, as would like to let everyone take a cou- Owning a home is good. We just had well as yourselves in Congress, know ple of minutes to make some final com- a study that was released this last that we are a community that uses the ments. week that indicated the way kids do land around us for everyday purposes, If I can put these back up, if the cam- better in school is by living in a home that we care just as much about what era would focus on those charts, we with their families, as opposed to an happens and only want to see the looked at this, and just let me briefly apartment or other circumstances. The best.’’ reiterate, we are going to use a lot American dream is to own a home. We Finally, here it is: ‘‘It is our respon- more oil and gas and other energy. are going to heat our homes with nat- sibility to look out for what is in the Some of those are limited. There are no ural gas. We need natural gas to do best interests of our community, rath- more rivers that we are going to go hy- that. er than a person who is trying to take dropower on. In fact, we are going to That gets us back to our last chart. it over and not make it ours.’’ get rid of some of the dams I think The bulk of the gas we are going to be What Morgan is talking about is the over time that we are using for hydro- using in America in the future is going idea that rather than work together power. The non-hydro renewables, even to be in the inter-mountain west, and and solve the energy needs of America if you quadrupled the amount of to get that gas we have to drill and we by environmentally sound methods, ex- growth we are dealing with here, are have to change the legal structure that tracting the oil and the energy from not going to be significant in the next allows us to drill there. ANWR, that we would pass a bill, a dif- 20 or so years. Mr. BISHOP of Utah. Mr. Speaker, if ferent bill than our energy bill, that Nuclear could do something new and the gentleman will yield, we need obvi- would create a wilderness area, would different, it could be very helpful in ously a comprehensive energy policy. lock out the people of Kaktovik, would this process, but we are going to have Fortunately, we are going to have the lock it out for their food and resource to come to understand nuclear and the opportunity very soon on this floor to needs, as well as the needs and the oil safety of nuclear. vote on a common sense approach that that lies underneath their very feet. Now, if you look at this chart, there provides balance by using local ideas I thank the gentleman for the time are a couple of things that are really and technology to provide for our en- tonight and the ability to commu- interesting about it. In the first place, ergy needs as well as protect our envi- nicate the needs of the Kaktovik peo- you note in the seventies and early ronment. ple to the American people tonight. Mr. CANNON. I thank the gentleman, eighties, we actually had a decline in But the question I have, especially if and the gentleman from Utah (Mr. energy or oil usage. That happened for you go back to the chart that you just BISHOP). We appreciate their contribu- a lot of reasons. We had a slight reces- placed down there on the ground which tions tonight. As members of the West- sion back then. We also got cars more shows where the future is, if we turn ern Caucus, we thank them for being efficient. But, most importantly of all, our back on this comprehensive energy here. we had businesses that had an incen- policy, if we do not provide this kind of I yield the last couple of minutes to tive to be more efficient. So in vir- balance, looking at how homes are the gentleman from Pennsylvania (Mr. tually all areas you had a little bit of being heated right now, what is the fu- PETERSON) to wrap up for the evening. improvement in efficiency there. ture for my kids? What is going to be Mr. PETERSON of Pennsylvania. Mr. Then we have gone up, if you see the their future as they go out and try to Speaker, I think it is very vital that line in the middle that shows the year develop their own homes, if we do not we pass an energy bill in this Congress 2000, essentially the present, we have do something with the comprehensive and pass one that is meaningful. We gone from that nadir back up a little energy policy now? must continue to improve efficiency bit. While that energy has increased, Mr. CANNON. They are either going and conservation of our energy use. I let me just point out that our economy to be cold, and we know what happens think in electricity we need to veer has almost doubled, so we have had a to caribou when they are not warm. If away from natural gas and go back to huge increase in output in our econ- you recall earlier, the gentleman from clean coal and nuclear for the interim, omy with a relatively small increase in Arizona (Mr. RENZI) pointed out that because if we continue to use natural energy. the heat from the pipeline has in- gas as we are, we are going to threaten But we have gotten a lot of those ef- creased the number significantly. Or home heating. Gas should be saved for ficiencies out, and maybe we’ll have they are going to be paying an arm and affordable home heating, commercial, more in future, but we now have a pret- leg for heat in their homes. And that industrial, and should be used for mass ty good idea where we are going to go is, I do not think, an acceptable alter- transit in our cities, which would help as the economy continues to grow and native. clean air there. we have more demand for energy. I yield to the gentleman from Ari- Oil should be replaced in transpor- If we can focus on that chart, this is zona (Mr. RENZI). tation as quick as we can, whether it is just the energy we use for the genera- Mr. RENZI. I will be quick. I would hydrogen fuel cells, the new cars that tion of power. So you note that the like my last statement to go back and use multi-fuels or whatever, because major source of power is from coal. The reiterate what I saw during the last 3 we only have 2.5 percent of the world’s second major, historically, has been days when I was up there in ANWR. I oil and basically our transportation is nuclear, which is now level. But you would like to go back and let the funded with oil, and we do not have a can see that green line of natural gas American people know what the people long term source of oil. just spiking up. That is going to spike in Kaktovik really want. I spoke about We need reliable supplies of all en- up because in America we have decided my 81-year-old elder friend, the whal- ergy sources to prevent the price to use natural gas because it is easier ing captain. I spoke about the mayors spikes. Why do I say that? Every time to permit new generating facilities and city councilmen. we have energy spikes in our country, with gas than with coal, although we Let me speak about a young woman we have a downturn in our economy expect more coal generation over time. named Morgan who is the student body and millions of Americans lose their So we are going to have a big increase president of the high school, who wrote jobs. Seventy percent of our economy in natural gas for electricity genera- a letter. She started off by thanking us is commerce, and when you take tion. for coming to her village. money out of home heating budgets, if But if you look at the chart, this She said, ‘‘Personally I think that home heating prices double, when chart now, this chart is about what ANWR should be opened, because I transportation prices for driving our percentage of homes are heated with think that we as a community would cars spike at the same time, all of that various sources of energy. When you benefit greatly from it.’’ spending comes out of commerce. Peo- have got a little bit of blue in here de- She says, ‘‘I support the decision that ple do not go and shop, people do not veloped by electricity, you see that is we, the Kaktovik people, need to be in- go and spend money, because they have fairly constant over time. That is also volved, because it is us who knows already paid it to their energy sources.

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.196 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3039 It is vital for the business future of ed, has been poisoned, by this addic- jobs that belong right here in the this country, for the home heating effi- tion. And Americans understand that United States, not to be lost to our ciency of this country, for an economy breaking that addiction perhaps is job economic competitors. We have a job that is reliable, we need reliable sup- number one for an energy policy of loss phenomenon because we do not plies of all kinds of energy. It will not America. That is the first challenge. have an energy policy that is forward- be easy. We are going to have to do a The second challenge is to deal with thinking. We have an energy policy lot of things differently than we are the phenomena of global warming. that looks backwards. today. We will have to change a lot of Americans now have come to under- Well, today, Mr. Speaker, we offered our priorities. It is vital to the future stand overwhelmingly that when we an amendment for a new, bold, vision- of this country. place into the atmosphere pollutants ary energy policy, and we call it the If there is one thing in my view that from our burning of fossil fuels, by ne- New Apollo Energy Project. We did threatens the economic future of cessity these pollutants have caused a that, inspired by a former member of America, it is the lack of reliable, af- huge proliferation of global gas emis- the U.S. Congress who, on May 9, 1951, fordable energy prices that our busi- sions to increase the rate of these gas- walked down this aisle right here and nesses and our homes and people can ses that warm the planet and the at- he walked up to the platform and ad- use to fuel their homes and our busi- mosphere. dressed a joint session of the U.S. Con- nesses. Without that, our economy will Americans know if we are going to gress of the United States. That night, be very difficult. continue to burn fossil fuels without John F. Kennedy challenged America f using new technologies to trap these to go to the moon within 10 years and pollutants, we are going to continue to bring that man back safely to earth. At ENERGY CHALLENGES FACING increase the increase of carbon dioxide the time, he challenged America to ex- AMERICA and methane and other global warming ercise its can-do spirit. People thought The SPEAKER pro tempore. Under gasses in the atmosphere. Americans that was a little bit nuts, to send, at the Speaker’s announced policy of Jan- know if we do that, that these gasses the time they were thinking of a man, uary 7, 2003, the gentleman from Wash- are sort of like a blanket, they trap in- to the moon and bring him back within ington (Mr. INSLEE) is recognized for frared radiation escaping the Earth and 10 years. That idea stunned people at one-half the time remaining until mid- will be warming the planet for the next the precursor of NASA thinking, how night, or approximately 40 minutes. century. the heck are we going to do that? Mr. INSLEE. Mr. Speaker, I have Americans are concerned when they But John Kennedy knew something come to the floor tonight to talk about see what has happened as a result of about the character of America. He the energy challenges facing America global warming already. They know knew that when Americans recognized and the opportunities that we now that in Glacier National Park, where a challenge and were rallied to a cause, have before America and to advise the we had 150 glaciers about 100 years ago, they could produce like no culture in House that this afternoon, along with we now have 50, and we are projected to human history, and this American cul- support of about 40 Members of the have no glaciers, no glaciers, in Glacier ture responded with technological in- U.S. House, I introduced an amend- National Park in the next century if novations which led the world in using ment to the underlying energy bill trends continue. We will have to re- our can-do spirit to create new devices, which could be on the floor tomorrow name it ‘‘Puddle Natural Park’’ I sup- new software, new computers, new that would give America a new Apollo pose. rockets, new navigational systems, Energy Project that would give Amer- Americans have seen the melting of new satellites that were unheard of be- ica an energy program that is befitting the polar ice caps, the reduction by 10 fore John Kennedy asked America to the boldness and can-do spirit of this percent in breadth and 40 percent in accept that challenge. country. I will come back, in a mo- depth of the arctic ice cap; the melting That is exactly the type of challenge ment, to explain why it is called the of tundra in Alaska, where dead Indi- which we need to give to America to- Apollo Energy Project. ans are popping up out of graveyards morrow when we adopt an energy pol- Before I do, I thought I should ad- because the tundra has melted. icy. dress what the challenges are to Amer- Mr. Speaker, the reason I have, along 2230 ica and our energy world. They are b with my colleagues, offered this New three. They are really quite obvious, We have seen the extraordinary in- Apollo Energy Project is because un- and I think that they are well under- crease in dangerous weather in the con- fortunately, the underlying bill that stood by Americans and accepted by tinental United States that is associ- we seek to amend is timid, it is slow, it Americans on a consensus basis. ated or could be associated with this is too little, it is too late, and it is a Challenge number one: Our Nation phenomenon. We know that we have a package deserving of some country less has an addiction. responsibility to our children to stop than America, because it fails to cut We are addicted to oil from the Mid- our proliferation and contribution of the mustard in dealing with the 3 fun- east. We are addicted to oil from one of these global warming gases and that damental challenges of energy that the most turbulent, incendiary, dan- we can do so. That is the second chal- this country is facing. gerous parts of the planet in the last lenge. Number 1, it fails to give America couple of centuries. This addiction, in The third challenge is an economic any hope whatsoever to break that ad- all administrations, Democrat and Re- one, and the challenge is that we know diction to middle eastern oil. Second, publican, has resulted in a foreign pol- that technologies always are con- it fails to give America any hope that icy not to the security interests of tinuing to grow, and we know that be- it is going to deal successfully with America and not to the interests of cause of this challenge in the Mideast this challenge of global warming. spreading democracy in the Middle with oil and because of global warming, Third, it fails to give America any hope East. people are going to want new tech- that we are going to bring those jobs Americans understand that, both in nologies for new sources of energy. The back to America that now are going their head and in their gut, because problem is that we have kind of a gap, across the waters to countries that rec- they know that the policies, for in- we have a technology gap, because we ognize, are recognizing these new po- stance, in Majlis, in the Saudi Arabian are losing jobs right now in the new en- tentially job-creating economies. Royal House, is they have refused to ergy technologies to Germany for So we have introduced this New cooperate fully in the war on terrorism solar, as Germany now is the leading Apollo Energy Project to introduce and in fact have allowed certain ele- solar manufacturer of solar chips; to those 3 challenges. ments in their society to support ter- Japan with hybrid vehicles, as Japan is I want to discuss the difference be- rorism without cracking down on it. now leading us in the production of tween this proposal, which we would be Americans understand that the reason fuel-efficient vehicles; and to Den- proposing at this moment by Demo- for that is because of our addiction to mark, a small European country that cratic Members of the House, and we Middle Eastern oil, and they realize now is leading the world in the produc- hope that Republicans will join us to- that our foreign policy has been taint- tion of wind turbines, and these are morrow or the next day when this bill

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.198 H09PT1 H3040 CONGRESSIONAL RECORD — HOUSE April 9, 2003 is voted on; I would like to talk about agree with us to set some goal, and we would say, well, is the internal com- the differences between the New Apollo have put on the table the goal, the bustion engine going to mean much to Energy Project and what I believe democratic folks who have been work- America? At the turn of the century, it must be characterized as a timid, half- ing on this bill, and I hope my Repub- was only a few percentage points of our measure project that is in the under- lican colleagues will rise to the chal- production, but it changed us dramati- lying bill. lenge and embrace this goal for Amer- cally. The same can be said, I believe, The first thing that our New Apollo ica. Because if they do not, they are of the new emerging technologies that Energy Project will give America are dooming our kids to a place that is dif- can help produce energy. Wind energy goals. I guess it has been said by other ferent than we knew when we grew up. and wind turbines. folks, if you do not know where you are We are telling our kids that they can Mr. Speaker, wind turbines now are going, you will probably get there. We just accept 2 to 8 degree increases of economically competitive with elec- need to have goals like Kennedy set for global mean temperatures over the tricity produced by other means. We us in 1961, because unless we set those next decade. We can expect them to see are building the North America’s larg- goals, we will surely muddle along and the increase of infectious diseases est wind turbine farm in southeastern not make significant progress. move north: Malaria, encephalitis, Washington, enough to supply energy So what we have done in this bill Dengue Fever. We can expect to see for thousands of homes at a competi- with this amendment, which will be on droughts in the western United States, tive price. And the Department of En- the floor tomorrow, we hope, we have somewhat similar to what we have ex- ergy studies have shown that the po- set some goals for America and we perienced in the last 2 or 3 years. We tential for wind energy, assuming that have set these goals so that they are can expect to see a lessening of the this becomes economically productive, both ambitious and reasonably achiev- snow pack in the Cascade Mountains, as much as in the Midwest alone could able. And we have set these goals by which can reduce the ability to irrigate potentially generate enough electricity looking at the existing technology, our fields in eastern Washington. We for United States consumption needs. looking at what we have today, looking can expect to have an America that is Now, those prices are becoming com- at the scientists and the scientific not the kind that we had when we were petitive, particularly with the modest evaluations that seemingly may be children. We need to set this goal. tax breaks that the industry now takes possible in the future. Let me address Third, we would set a goal of creating advantage of. some of those goals. 1 million new jobs in these new infant This is happening around the world. Number 1, we have set a goal that by industries which can be so beneficial in When I was in Denmark a couple years the year 2010, America will adopt, and helping America reach their economic ago, I saw them producing 15 percent of the President will help implement potential. Wind turbines, solar, clean all of their electricity with wind tur- through very flexible means at his dis- coal, thermal incline facilities using bines, some of these 300 foot-long cretion or her discretion, the goal of the thermal temperatures in the blades that are outside on the ocean, reducing Americans’ dependence on oil oceans, energy efficiency systems, effi- outside of Copenhagen. They intend to in our total energy package by 600,000 cient cars. All of these, a whole basket have 50 percent of their electric pro- barrels of oil a day by 2010 and a little full of new jobs for Americans that duced by wind power by the end of the over 2 million barrels a day by 2015. ought to be here rather than Denmark, decade, and they are going to reach Now, why do we pick those numbers? Japan, and Germany. So we intend to that. We have that alternative to do We do so out of an acute recognition of set those goals and we have done so. also, if we will give this industry some the costs of our addiction to Middle The second feature of our plan. We of the modest help to get off the floor Eastern oil. The first figure of 2010, if know that this is an ambitious chal- and get into the mass-scale production we reach this target, which I believe is lenge. Let me tell my colleagues how that we need. I look forward to that imminently achievable through ways I ambitious it is. Three weeks ago, or 2 day. will talk about in a moment, we will weeks ago, an article came out in Solar power. Solar power at this mo- replace the amount of oil that will be Science Magazine that suggested that ment is not economically competitive produced by Iraq. If we meet this goal by the end of this century, if we were at this moment, except in certain cir- by 2015, we will eliminate the need for to expect to hold the rate of global cumstances. But the facts have shown the oil produced by Saudi Arabia, es- warming to about 2 degrees over the that every time we increase the rate of sentially the largest producer in the next century, to just limit it to that production of solar units, the price can world. amount, not stop it, but limit it to get cut by as much as half, and we be- Now, why is this important? It is im- that amount, we would have to have lieve, by ramping up, by obtaining the portant because right now, we already somewhere between three-quarters and scales of economy of production of are depending on 55 percent of our oil 100 percent of our energy produced by these solar units, we believe they have coming from foreign sources, and that nonCO2-emitting industries. That is a a realistic possibility of being economi- is expected to rise over 60 percent by big challenge. Now, it is over a cen- cally productive by the end of the dec- the end of the decade. Half of that tury, but it is still a big challenge. So ade, if, if Uncle Sam will pull its head comes from the Mideast. That is the this is an ambitious undertaking that out of the sand on this issue and help addiction we have to break. we have to face for a variety of rea- this emerging technology along. So we have set this realistic goal, sons. Now, there are just a couple of new and if we look at the Department of So in doing that, we need to embrace technologies, but let me talk about Energy assessments, we will see that a whole host of solutions. There are no some of the old. Coal. Coal right now, this is a realistic goal. silver bullets to our energy policy. But we have enormous supplies of coal in The second goal. We have set forth a we have to be bold and visionary and this country as a domestic fuel supply, goal for America, which again is a rea- break the habits of our old ways and but a problem with it is that at the sonable and achievable one, to reduce our old industries, at times, in order to moment, it contributes enormous pol- our contributions to global warming reach these goals of more self reliance lutants in the form of carbon dioxide, gases that we put out from burning fos- in energy. which is one of the global warming sil fuel by the year 2010 to essentially So let me talk about some of the gases that we have that are so prob- 1990 levels, of what we were putting out ways we propose doing it. First, let me lematic for the future climate of the in 1990. say we want to address new sources of world. Now, that is less ambitious than the energy and we want to address old Kyoto Treaty. It is less ambitious that sources of energy. Let me address the b 2245 most other civilized nations have new ones just first briefly, because The question arises, why do we not agreed to in the Kyoto Treaty. But we they are things that are not yet seen, just trap the carbon dioxide? Let us have sought to have a goal that every just like in the 1890s, the internal com- trap it. The fancy word for that is se- single Member of this House ought to bustion motor was only a tiny part of questration. We in our bill have put re- be able to embrace. If folks do not like our total energy consumption, our pro- search and development dollars in to the Kyoto Treaty, then they ought to duction. And if we looked at charts, we study the opportunity of trapping or

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.200 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3041 doing carbon dioxide sequestration and the road to efficiency increases, and in The reason we will do that, do all of perhaps injecting it back into deep our bill we have not proposed a specific these things, relies on a fundamental mines or potentially the ocean, al- efficiency standard, what is called the character belief in the ‘‘can do’’ spirit though there are environmental chal- CAFE standard, the Corporate Average of America. If you believe in this new lenges there, to try to be able to use Fuel Economy standard; but we have Apollo project, you are an optimist; if coal without marring the atmosphere. created a goal that would give the you do not, perhaps you are a pes- There are some real challenges to President a flexible tool in one manner simist. doing that technologically; but given or another to save 600,000 barrels a day We are optimists because we believe the enormous challenge we have over by the end of the decade, and that is a in the ‘‘can do’’ spirit of this country. the next century, it seems to me that realistic goal. Heaven help us if we can- When we roll up our sleeves, we get it it is an appropriate expenditure of re- not use our brains enough to increase done technologically, but we do not if search dollars to see if we can make the efficiency of our transportation the U.S. Congress sits here in the pos- progress in that regard. sector. ture of an ostrich with the head in the One of the simple things to say about Since the 1980s, when America sand and our tailfeathers in the wind, energy is that the best way to produce stopped because Congress stopped im- rather than the American eagle. That energy is to use it efficiently. I believe proving the fuel efficiency of our vehi- is the posture we want the U.S. Con- a very significant portion of our solu- cles, since that time virtually the en- gress to take, of the eagle with a can tion to our energy needs, although not tire computer and Internet industries do spirit. Some of my colleagues earlier this talked about, although not quite as ro- have developed, the biomedical indus- evening were talking about one of the mantic as wind, solar, or various other try has just essentially been created provisions in the Republican bill would fusion technologies and the like, it is from scratch, and we have had these purport to solve this problem by drill- going to be a very significant part of tremendous technological advances, ing in our Arctic wildlife refuge that our savings, and that is to use energy but the cars we are driving get less was established as a wildlife refuge by efficiently. mileage today than they did in 1984. Dwight David Eisenhower way back Let me tell Members how important That is simply wrong. when. It was established to be a wild- that is. Look at Seattle, Washington. I The Republican approach has not of- life refuge. It has been one ever since. come from Seattle, and represent the fered, in this bill, any solution to that I think that there are several com- north Seattle area. Seattle, Wash- failure; we have. I am hoping some of ments I have to make, because I know ington realized it was going to start to my Republican colleagues will join us a little bit about this. I was up in the have an energy crunch in the mid-1990s. in fixing that problem. Arctic wildlife refuge the summer be- The folks in Seattle, instead of just Let me address the hydrogen econ- fore last. Just to give Members who rushing out and producing more CO2 omy, if I can. Many of us were pleased have not been there a brief description emissions, they decided to see what to see the President in his State of the of it, I have been to Yellowstone, I they could do to use energy efficiently. Union at least mention the possibility have been to Glacier National Park, They adopted some very common- or the prospects of developing hydro- and my parents used to work in Mount sense measures in Seattle to have in- gen-fueled vehicles. Many of us believe Rainier National Park in Washington centives for better building code stand- that is a bright future for the country State. I have been to the bayous of ards, to have incentives to use energy- to develop a fuel cell-driven car; but it Louisiana and I have been to a lot of saving lighting, to have incentives to is a ways off, of course, to develop the beautiful places in this country, but I use energy in a more efficient way for technologies, particularly for the infra- can warrant in the 4 days I was camped advertising, for instance; very simple structure to fuel those cars. on the banks of the Achelik River right things. Unfortunately, upon reflection, we next to the area they want to turn into The city of Seattle saved enough en- found that the President’s and my col- an oil production facility, it is one of, ergy, enough electricity, to heat and leagues’, the Republicans’ plan, has if not the most, spectacularly bio- light 58,000 homes in about 3 to 4 years; this enormous loophole, this bridge be- logically dynamic beautiful places in 58,000 homes in a city of 1,000,000 or tween here and the future that is sim- America. thereabouts. That is an amazing sta- ply down. That is the bridge between The wildlife is spectacular like no tistic, doing something that did not us and the production of hydrogen; be- place I have ever been, and for 24 hours change anyone’s lifestyle in a delete- cause we could have everybody in a day, because the sun is up 23, 24 hours rious manner. Everyone enjoyed the America have a hydrogen-fueled car in a day, there are birds singing, there are same lifestyle. Before the bubble burst, our garages, but it does not do us any grizzly bears walking, there is caribou Seattle was a pretty chic place to live, good if we do not have any hydrogen. snorting going right through your and I still think it is a great spot, The President totally failed to give us camp. That place is the most spectacu- without any degradation of our life- a way to produce hydrogen. The Repub- larly exciting place I have ever been, style. lican bill tomorrow gives us a total just to be. In our bill, we have called for a num- failure of a way to produce hydrogen. For Members to come here and de- ber of measures, essentially, to get effi- What we found was this President’s scribe it as some sort of wasteland that ciencies on how we use energy. allusion to hydrogen was really a failed we should toss aside like a piece of sort Look at our transportation sector. In allusion of an energy policy. I regret to of litter from the American political transportation, we did some very far- have to say that, because it is a bio- structure is just wrong. It is a beau- sighted things in the 1970s. We adopted logical fact hydrogen does not grow on tiful, beautiful place, and it is a special measures to raise the fuel economy of trees; it has to be produced. It has to be place. That is why a good Republican our fleet of vehicles, and it was suc- produced through electrolysis of re- environmentalist, Dwight David Eisen- cessful. We raised it almost 10 miles a moving it from water molecules. We hower, set it aside for future genera- gallon, probably 8 miles a gallon or the have to use electricity to do that. We tions as a wildlife refuge. like, in our fleets of vehicles. have to have some way to generate the A couple of things about this. Num- Then, in the 1980s, that stopped. That electricity, or it has to be stripped off ber one, although we know increasing rate of progress that America was from a fossil-based fuel system in some production domestically is an element making came to an absolute halt. It is process which also takes energy. of this, and we have in our bill pro- interesting, because if we had simply So the fact of the matter is, although posed increasing domestic production continued to increase the rate of im- a hydrogen car is a good idea and the of oil in some of our wells, we have provement of mileage in the cars we research to produce it is a good idea, some tax incentives to improve the ef- were driving through the 1980s and we have to grab the bull by the horns ficiency and productivity of what are 1990s, we would have replaced all of the and figure out how to produce hydro- called marginal or stripper wells that oil we buy from Saudi Arabia today. gen. The Republican Party is not tell- are now in marginal production domes- Just think of the opportunity we lost ing us how to do that. We will offer tically in the United States. We have a in not continuing those efficiency in- proposals in our bill, in the New Apollo variety of things to do to help techno- creases. Now we have to start again on Energy Project, how to do it. logically to increase the oil production

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.203 H09PT1 H3042 CONGRESSIONAL RECORD — HOUSE April 9, 2003 from wells in the continental United to say on this. All Americans ought to around the world is a complete vindica- States now. have the opportunity to give this spec- tion of the efforts of our President, our But the sad fact is, we cannot rely tacular place to their children and to Secretary of Defense, our Secretary of simply on oil production as an only or their grandchildren. State, the National Security Advisor, major source of solving this problem. With that, Mr. Speaker, in conclu- and most importantly our military. We The reason is that while we consume 25 sion, I just hope that in the next day or heard nothing but shrill rhetoric com- percent of the world’s oil, there is only two while we are talking about energy ing out of this city, and in some cases 3 percent of the world’s oil reserves in in this Chamber that our effort to have coming out of this body, from those the continental United States. We use this new Apollo energy project will be who said that military action was not 25 percent, but we only have 3 percent joined by some of our Republican col- justified and that it would not be suc- of the world’s reserves. leagues. cessful. The Creator did not put enough dead We ask for their assistance in passing Now, granted we have not completed dinosaurs under America to solve this this, because America needs something this action, Mr. Speaker, but here we problem simply by oil production. That more than half measures. We cannot are 3 weeks after the actual military is why we cannot rely on the Arctic, break our addiction to oil with baby conflict as begun and we now have se- which is only about somewhere be- steps. We cannot solve the global cured a major portion of Iraq and the tween 6 months’ and a year’s worth of warming problem with baby steps. We capital city of Bagdad. Saddam Hussein production, and which would not be on cannot grow the U.S. economy by these is on the run. He either has been killed line for 10 to 12 years, in any event. half measures that are now proposed in or he is hiding like a coward and is There are two pieces of this puzzle the Republican bill. looking for a way out, perhaps in the that my friends across the aisles left neighboring country of Syria. 2300 out. Number one, they talk about this, b But, Mr. Speaker, through all of this that they will only put a 10,000-acre It is time to embrace and use the our military has performed in an abso- imprint or footprint on this beautiful American talent for technological in- lutely astounding manner. The brave area. I have been to Prudhoe Bay, and novation. And it is time for the U.S. men and women of America who went I can tell the Members that it looks Congress to recognize both the chal- over to serve have done an absolutely more like New Jersey than it does Yel- lenge and the promise of what America fantastic job. Our hearts and our sym- lowstone National Park. We do not can do when it comes to developing pathies go out to those family mem- need that in the Arctic wilderness ref- these new technologies. bers of those brave Americans and uge. There is a group in Lake Union, British troops who paid the ultimate They say it is only 10,000 acres on Washington called MagnaDrive, some price and to those hundreds who have this, what they call the imprint where former people from Boeing run it, and been injured and have received casual- the industrial sector would meet the they have developed an electric motor ties because of this conflict. tundra. The problem is, everything is coupling device which can increase the But in the end, Mr. Speaker, the plan built in Alaska on stilts, and the only efficiency of an electric motor of about established by our Pentagon leaders thing they count in that 10,000 acres is 30 percent. A fellow came up with this was a valid plan, is a valid plan, and, in where the stilts touch the ground. It is technology literally in his garage from fact, has accomplished not only what sort of like measuring how much your Port Angeles, Washington, and now we could have in our wildest dreams furniture in your office covers your of- they are selling this to various build- imagined and expected, but it has even fice by where the little corner of your ing companies for their air condi- surpassed our expectations in the suc- desk leg touches the tile. That is a tioning systems to improve their elec- cess, in the efforts to secure the oil gross distortion. This place is going to tric efficiency. fields, to open the port facilities, to look like an industrial production We are going to solve this problem by prevent missiles from being lobbed into plant if this wildlife refuge is destroyed 10,000 new inventions like that, by ask- Israel and Jordan and Kuwait which we by making it into an oil facility. ing Americans in their garages, in knew the Iraqis wanted to do, to show I realize that not a lot of Americans their large corporate research and de- the people of Iraq in all the cities that are going to see the Arctic wilderness, velopment facilities, to bring us into we are there not to dominate or take wildlife refuge. It is very remote. But I the next century. So I hope tomorrow over their country but rather to lib- think a lot of people think of this sort or the next day we will indeed adopt erate them and eventually turn the of like the Mona Lisa. A lot of Ameri- this new Apollo energy project to give country back to them so they can elect cans will not see it, and maybe it is us, not an energy program for the last their own leaders in free and fair elec- only like putting a little small mus- century, but one for the next century tions. tache on the Mona Lisa to put this that is befitting the can-do talents of Mr. Speaker, as well as things are 10,000 acre industrial plant; but it is a the American people. going we must also look to where we mustache, nonetheless, and it would f are going to the future. And I mention not look good on the Mona Lisa, and it that because we need to continue to UPDATING THE WAR WITH IRAQ is not going to look good on the Arctic pursue several other issues. The first of National Wildlife Refuge. The SPEAKER pro tempore. Under which is the request to convene a war The best argument I heard about that the Speaker’s announced policy of Jan- crimes tribunal, not just to hold Sad- is from a young environmentalist con- uary 7, 2003, the gentleman from Penn- dam Hussein accountable but to hold stituent of mine from Bainbridge Is- sylvania (Mr. WELDON) is recognized for the leaders of his regime accountable. land, Washington, his name is Sam 60 minutes or until the hour of mid- Several weeks ago, Mr. Speaker, I in- Zuckerman. Mr. Zuckerman told me night, whichever comes first. troduced legislation which has received that in his view, we ought to leave it Mr. WELDON of Pennsylvania. Mr. scores of Members who have co-spon- for the kids and our grandkids. I think Speaker, I thank you for recognizing sored it to create such a war crimes Mr. Zuckerman is right, that we should me, and I will not take the full hour, tribunal. Yesterday, Senators SPECTER do so. I think that is the American sen- but I rise this evening to discuss and and BAYH and I announced the reintro- timent. put on the record some concerns about duction of a concurrent resolution be- I also may note that the people who the current war and about where we tween the House and the Senate that live in the area are divided on this are going and some problems that we calls for this war crimes tribunal. We issue. The native Americans who live will face in the future, and I hope to hope to have this legislation passed in the Arctic village who depend on the lay these comments on the record so both bodies within a matter of weeks. caribou herds, which potentially could that our colleagues can use them for And the legislation specifically focuses be threatened by this development, are the basis of discussion and perhaps ac- not just on the well-documented war adamantly opposed to this. But we tion over the next several weeks and crimes of Saddam Hussein himself, but ought to know this, this refuge belongs the rest of this session. also of those leaders in his entourage to all Americans, not to any one of us. First of all, Mr. Speaker, what we and those military leaders and those All Americans should have something saw today on our national television military police and thug leaders who

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.205 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3043 have increased the amount of atroc- Now, granted, Mr. Speaker, the emer- tremely expensive, very inefficient and ities they have committed on the inno- gency supplemental that President oftentimes, because we do not have the cent Iraqi people, our POW’s and our Bush asked for that has passed this in- funding to maintain them, within a troops over the past 3 weeks. stitution will go a long way to meet matter of a few short years, these Mr. Speaker, I am talking of people those immediate shortfalls that have housing units become extremely costly like Tariq Aziz. Tariq Aziz has been in- to be taken care of; but, Mr. Speaker, to operate and, in fact, have serious visible over the past several days. I we are beginning, when we return from problems. met the man over a decade ago when this two week period, to mark up our The private sector, which for years we had the attack on the USS Stark. I defense authorization bill for fiscal has been developing university housing know him. And I want our colleagues year 2004. And, Mr. Speaker, we have for our university campuses and other to go on record as saying that, Tariq serious problems. We are going to have types of private sector funding, have Aziz, you will be held accountable. You an extremely difficult time in meeting come forward and told us as they have will not be able to walk away from this the kinds of resources challenges that shown to both the Army, the Marine conflict because you publicly on inter- will allow us to motivate an increase in Corps and the other services, that they national TV supported the types of ac- our ship building program, to continue can take the needs that we have in tivities that were used in direct viola- to purchase those unmanned aerial ve- housing, and using private funding that tion of the Geneva Convention that re- hicles, to move forward in our tactical they secure from private sector lending sulted in the deaths of Americans fighter programs, the FA–18, the joint institutions, they can finance the ac- POW’s. And, Tariq Aziz, wherever you strike fighter and the F–22, as well as tual construction of brand new family are, you will pay the ultimate price if continue to pursue missile defenses housing units and barracks units on it takes us the rest of our lifetime to like the PAC–3 that was so successful any base throughout this Nation. track you down and put you in the In taking this approach, it negates proper attitude of a criminal court, in this conflict, or THAD or our international missile defense capabilities. the need for the Federal Government much like we are trying Milosovic and our Defense Department to put the right now in the Hague. To do all of those things is going to funding up front to build these homes. Mr. Speaker, it is important that require us to be extremely prudent in this war crimes resolution be brought how we spend the Defense Department In fact, the private sector will come in, up on the floor of this body and the dollar. And I want to send out a signal design the homes, family housing, bar- other body to send a clear and un- to our colleagues that many have come racks units, to the specifications of our equivocal signal to the leadership of forward and ask for specific add-ons in military, will abide by contracts such what is left of Saddam’s regime that our defense bill this year. In fact, with- as those that have been developed espe- they will be held accountable for what in the jurisdiction of my subcommittee cially by the United States Army and they have done and for what they con- alone, Mr. Speaker, I have received re- allow us to build state-of-the-art hous- tinue to do. The best thing these lead- quests from our colleagues on both ing units with all of the amenities that ers of a former regime in Iraq can do is sides of the aisle that total $14 billion are even much more improved over to lay down their arms, turn over our above what the President has asked what exists today, as well as providing POW’s, blend into society and admit, in for. Now, in the past we have been able infrastructure in the form of water pip- fact, that Saddam’s regime was oppres- to meet the needs of many of our col- ing, sewer system, playgrounds, swim- sive and out of control. And if they do leagues as long as, in fact, their prior- ming pools and community centers, that and if they do not commit war ities have been requested and are sup- and do it all within the cost of what we crimes, then, in fact, they will not be ported by the military services. are currently spending in terms of housing allowance for our troops. held accountable under this action. But b 2310 we will pursue those people who have, By taking a bold initiative, Mr. in fact, committed war crimes. And, in Our policy has been and will be in Speaker, as I will present and offer fact, we have asked our military and this new markup process in May that over the next several weeks, we can, in our allies to document, along with the we will not be able to even consider re- fact, put into place a multibillion dol- Iraqi people, to document dates, times, quests for add-ons where the military lar 5-year housing renewal program for places, so that in the end justice will services have not, in fact, indicated our troops. This multibillion dollar prevail for the years and years of their support. To plus up that kind of program, which could see as much as human rights abuses that Saddam Hus- funding would, in fact, be a gross dis- $20- to $50 billion of new housing, is a sein and his regime have perpetrated service to the men and women serving real shot in the arm for our local on innocent people. And especially in our country. economies, provides brand new state- recent times on our POW’s and our sol- To our colleagues I say, during the of-the-art housing for military bases diers who were sucked into situations next several weeks and months, we are around the country, totally funded where people were pretending to be going to have to make some difficult with private dollars. coming forward in a gesture of surren- decisions about which priorities we, in By doing that, giving the upgraded dering, hiding behind the garb of civil- fact, can fund. housing to our troops so that we can ians only to inflict serious wounds and It is also going to provide, Mr. maintain and increase the quality of killings on our troops. All of which is Speaker, a unique opportunity for us. I life for their families and for these unacceptable under the international think there are some ways that we can, troops that will be coming home from rules of conflict. So, Mr. Speaker, this to some extent, revolutionize some as- Iraq, by taking those actions, we can is an item that I would hope all of our pects of our defense spending and free then reduce the military construction colleagues would support. up some money that can help us meet budget where we spend between $2.5 to Mr. Speaker, I also want to address the shortfalls caused by the war. $3 billion every year. That money then, the cost of this conflict. As the vice Within a period of several weeks, Mr. Mr. Speaker, can be channelled into chairman of our Committee on Armed Speaker, I will be coming out with a those program shortfalls that we are Services and the chairman the Sub- new initiative that I have discussed going to have to meet this year be- committee on Tactical Air and Land with my colleagues in this body on a cause of the Iraqi war. Forces which oversees the bulk of our number of occasions, but I hope it re- In addition, Mr. Speaker, we are procurement dollars for the military, ceives strong bipartisan support that going to have to be prepared in this we are facing a crisis. We have used will unleash the power of the private body to support the President in ag- significant amounts of ammunition in sector to privatize much of our mili- gressively asking our allies, those that this conflict. We have tested the ma- tary base housing around the country. especially did not provide troops in chines and equipment from helicopters, Currently, and what has been the that 50-Nation coalition, to put money to tactical aviation units, to our ships, practice in the past, Mr. Speaker, is on the table to help us defray some of to our ground combat vehicles. There that we use taxpayer dollars to fund the costs of this conflict. is need for repair, upgrades, improve- the construction of new family housing In addition, Mr. Speaker, the reve- ments and replacements of this equip- and barracks units for our troops. nues realized from the sale of Iraqi oil ment. These construction projects are ex- also should be used, especially to help

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.206 H09PT1 H3044 CONGRESSIONAL RECORD — HOUSE April 9, 2003 in the beginning of the rebuilding of story. France has also been a long-term ago convinced America not to go to the Iraq and the stabilization of Iraq’s in- ally of ours, and I have been a long- U.N. but to invade Yugoslavia in a frastructure and their economy, and term friend of both the Germans and NATO-led mission to remove a leader that should begin immediately by the French. In fact, I was to have re- of another Nation. using the frozen assets that President ceived the highest award that France Mr. Speaker, I really have a problem Bush and the administration have fro- offers for homeland security in trav- with France. I think France has made zen over the past several years. eling over there in March which I re- some very fundamental blunders in its Mr. Speaker, we talk about recon- fused to do because of my concerns for relationship with the U.S. that are not struction of Iraq. We need to under- the comments of both their foreign going to be easily healed. I do not want stand the activities in rebuilding Iraq, minister and President Jacques Chirac. to create rifts between Europe and while led by the U.S. and Great Brit- My concern with France is much America, but Mr. Speaker, the contin- ain, and I fully support that process, deeper than it is with Germany, Mr. ued arrogance of Jacques Chirac and must also involve the Nations of the Speaker, because it is not just one per- the French, as we now look to rebuild world. I think it would be extremely son. It is, in fact, a pervasive attitude Iraq, is mind boggling to me, and I shortsighted for us, as much as many among the leadership of France that think the French people have to under- of us have very serious reservations the U.S. was inherently wrong in our stand this is not some parting feeling about allowing those Nations that were effort and that we should be con- that we have that will go away quick- not a part of our coalition benefit, I demned really by the Nations of the ly. world for the actions that we took in think it would be a serious mistake for b 2320 us if we did not allow the U.N. to play regard to Iraq. a constructive role. As I wrote to President Chirac and The feelings of the comments, of the First of all, Mr. Speaker, Nations of President Schroeder one month ago or actions taken by the leadership of the the world, along with the U.S., have several weeks ago when this conflict French Government, to me, are des- frozen over $6 billion of Iraqi funds started, I cannot understand how they picable, and France is going to have to that are currently being held in banks could be more hypocritical. eventually answer for the actions and around the world. That money cannot Mr. Speaker, I would remind our col- the lack of support they have taken. be accessed unless all the Nations of leagues that it was only 4 years ago And, most importantly, for the abso- the world are a part of a coalition with that Jacques Chirac was pounding on lute hypocrisy of the French Govern- us. So I encourage the administration, America’s door, begging and imploring ment 4 years ago in sucking us into a as Secretary Powell and as the Presi- us to send our troops into harm’s way conflict with our troops without going dent has stated, to work together with in Yugoslavia. It was the same Jacques to the U.N. and then now saying that the U.N. Chirac who recently said that America we should not have used our military Make no mistake about it, Mr. should be condemned for taking mili- to remove the worst human rights Speaker, I think the U.S. and Great tary action without U.N. support. It abuser on the face of the earth since Britain and Australia should play the was the same Jacques Chirac who 4 Adolf Hitler and Joseph Stalin. lead role, and I think our companies years ago convinced our President at And, Mr. Speaker, that is not my as- and our consulting contractors should that time, along with the German lead- sessment. That is the assessment of have an edge over those other contrac- ership, that we should use America’s Max Vanderstahl, the U.N. Special tors and Nations that did not see fit to sons and daughters, through NATO, the Rapporteur For Human Rights, who support the liberation of the Iraqi peo- first time NATO had ever been used just a few short years ago documented, ple. since NATO is a defensive organization, in an official U.N. publication, that Let me talk about the three most a collective organization of countries there has been no regime since Adolf prominent Nations that did not sup- that pledge to defend each other, the Hitler that has committed the kinds of port us in this effort, Mr. Speaker, the first time in the history of NATO that human rights abuses that Saddam Hus- first being Germany. Some would say it was used in an offensive mode to at- sein has been documented as having that we should not allow Germany, tack a sovereign non-NATO Nation. Be- committed, including Milosevic. France and Russia to play any type of cause of Jacques Chirac and because of So, Mr. Speaker, France is a different role in a post-Iraqi renewal. I think we the German leadership and our own story. And my own feeling is that we have to look at this very carefully Mr. President, in fact, we sent more troops should look very closely at any in- Speaker. than either Germany or France. We involvement of those companies and en- In the case of Germany, she has been vaded a sovereign country to remove a tities in France, especially those fund- a long-time ally of ours, and if we look leader because of his human rights vio- ed with government subsidies because, and listen to the leaders of the German lations. as we all know, significant parts of the military, if we listen to much of the Mr. Speaker, all of us, including my- French economy are directly tied to mainstream political leadership com- self, acknowledge that Milosevic is a the French Government. And I for one, ing out of that Nation, it is very sup- war criminal, and he is justifiably Mr. Speaker, will have an extremely portive of the U.S. and our position. being tried in The Hague for his tough time justifying any govern- My own feeling is that our problem crimes, but Mr. Speaker, as we all mental entity that is a ‘‘business enti- with Germany resulted from a regime know, when that conflict started, we ty’’ benefiting in the reconstruction of that today is very unpopular in that did not want Russia involved. In fact, Iraq. Nation, and I think the feeling towards the only way we ended that conflict Finally, Mr. Speaker, let me talk Germany should be focused on the lead- after our aerial bombing campaign did about Russia. Now, I am not here to ership of that Nation as opposed to the not dislodge Milosevic was to convince make apologies for Russia. I was ex- German people. They continue to house the Russians to come back in and as a tremely disappointed that Vladimir significant amounts of our troops and part of the G–8 process help us nego- Putin did not come out and support the our military bases in Germany, and tiate a framework to get Milosevic out United States in our effort. I was con- their military continues to play a very of power. vinced, as someone who chairs the close working relationship with our In the end, Russia was a key ally, but interparliamentary dialogue with the troops. if we remember just 4 years ago, it was Russian Duma, as someone who has Hopefully, Germany will deal with its the same Jacques Chirac who was tell- traveled to that country many times own leadership problems internally, ing America we cannot go to the U.N. and knows all of their leaders, I was and hopefully, the German government to get Security Council support for the convinced that Russia would in fact will, in fact, take action separate from action against Milosevic because Rus- support us. And I am still convinced to the words and actions of Mr. Schroeder sia will veto any Security Council reso- this day that if it had come down to a that will allow Germany to again be- lution. So the same Jacques Chirac, U.N. vote in the Security Council that come a solid partner of ours. who was today condemning America Russia would have abstained as op- In the case of France, Mr. Speaker, I for not getting a U.N. resolution of posed to vetoing or opposing a resolu- would say perhaps it is a different support, is the same man who 4 years tion. That would be my best guess.

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.208 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3045 But, Mr. Speaker, let me talk about And, finally, Mr. Speaker, the one propriate steps. In fact of the 38 cases, Russia for a moment. What Russia did priority that Russia has consistently we imposed the required sanctions 8 in not supporting us was wrong, and I asked for, that President Bush prom- times. have conveyed that message very ised he would deliver to President I was in Moscow in January 1996 a strongly to my friends in Russia in the Putin over 1 year ago, was the ele- month after the Washington Post ran a Duma, the federation council, and to vation of Russia out of Jackson-Vanik front page documenting the story of the Russian leadership. Likewise, I restraints. Now, Mr. Speaker, there is accelerometers and gyroscopes for have expressed in very strong terms, as strong overwhelming bipartisan sup- Iraq’s missiles. I went to see our am- I have done for the past 10 years, my port in this body to elevate Russia out bassador, Tom Pickering, in Moscow in outrage that technology has continued of Jackson-Vanik, and many of my col- January. I asked, What was the Rus- to flow out of Russia into the hands of leagues have cosponsored that legisla- sian response? That is a violation. Iraq and other unstable nations. And tion. President Bush promised Presi- They are not allowed to transfer that that is an issue that we have to deal dent Putin over 1 year ago that we kind of technology to Iraq. His answer with that I will talk about in a mo- would elevate Russia out of Jackson- was, You have to ask Washington, I do ment. Vanik. Because of actions by Members not make that call. But I want to look at the Russian in the other body over issues like poul- I wrote to the President and he wrote perspective for just one moment, Mr. try imports and steel imports, action me back in March, Dear Congressman Speaker, and I want us to try to put was never taken on elevating Russia WELDON, I share your concerns. We are ourselves in the minds of the Russians. out of Jackson-Vanik. So another com- investigating the allegations that are Because since Putin has decided to fun- mitment that we made to Russia never in the Washington Post, and if it did damentally put his country in the materialized. occur, it would be a violation of the camp of the U.S. and the west, there So if you look at it from Putin and missile technology control regime, but has not been much that we have done Russia’s standpoint, it really has been we have no evidence. to give him political victories back a one-way effort in terms of trying to Since I work closely with the intel- home. After all, Mr. Speaker, it was ligence community, several of my the U.S. that pulled out of the ABM convince the Russians that we want to be their equal partner. That does not friends in one of our agencies brought Treaty. in a package and showed me two de- Now, Mr. Speaker, as my colleagues justify Russia’s action in not sup- vices which I have used in speeches know, I have been a leader in saying porting us. In my opinion, Russia around the country probably 500 times, that that treaty had outlived its use- should have been with us because they a Soviet-made accelerometer and a So- fulness. But we all know that the ABM have the same problems with terrorism Treaty was an extremely important po- that we have. And, in fact, I might add, viet-made gyroscope that we caught litical statement in Russia in terms of Mr. Speaker, Russia has been very co- being transferred out of Russia to Iraq bilateral security with the U.S. The operative in working with us in sharing 3 times. During the year that our President fault with the ABM Treaty was not intelligence and allowing us to use air- told me he was investigating the trans- that we pulled out of it, as President space and allowing us to use former So- fer of illegal technology to Iraq, we Bush did, with my support, it was how viet military bases for our troops in we handled the pulling out of the ABM fighting the war against terrorism. caught Russian entities illegally trans- Treaty. We did not give Putin any de- But my disappointment in Russia ferring technology 3 times. Over 100 gree of cover politically back home in and its position is also partly modified sets of those devices were in the hands his country. by the reality of what happened over of our intelligence agency. What were And the same thing occurred with the past several years that I think they used for, to improve the accuracy the expansion of NATO. Again, I sup- caused Russia not to be as supportive of the missiles that Saddam Hussein ported the expansion of NATO and all as perhaps they should have and could fired against our troops in 1991 and of those countries that are currently have been. tried to fire against our troops just over the past several weeks. NATO members, including the Baltic b 2330 States; the former Soviet states of Es- Mr. Speaker, the problem of our tonia, Latvia, and Lithuania; the Mr. Speaker, in Russia today we still homeland security today is because we former eastern block nations, all of have a major problem. One of the did not take the appropriate steps in which are a part of NATO. I absolutely points that I have made to my col- the 1990s to secure the weapons of mass supported the membership of those leagues repeatedly over the past 10 destruction within Russia’s borders. countries into the family of nations in years is that much of our problem with We made some success, the Nunn- NATO. But, again, from the Russian homeland security today has come Lugar program, the Cooperative Threat perspective, we move NATO up to Rus- about because we did not enforce the Reduction Program, and the Nuclear sia’s doorstep. Again, we did not take requirements of arms control regimes Nonproliferation Program did make the appropriate steps to give Putin the in the mid to late 1990s that allowed good strides. They allowed us to take political cover to his people that this technology to flow out of Russia into apart nuclear weapons and dismantle was not some kind of an overt move or the hands of five nations, Iran, Iraq, offensive arms. They allowed us to some kind of overt effort to try to Syria, Libya and North Korea. begin to control the amount of chem- threaten Russia and its stability and As a student of Russia and someone ical and biological agents and under- security. who has spent much time working with stand them. But even that program did The third thing was, Mr. Speaker, the Russian leaders, during the late not go far enough. In fact, that pro- the war in Kosovo, which I just de- 1990s I saw instance after instance gram did not have enough in the way of scribed a moment ago, 4 years ago, where we had solid evidence that tech- accountability to make sure the funds where we bombed Milosevic and delib- nology, including chemical precusors, that we were expending were being erately kept Russia out of the equa- biological technology, technology asso- used for the proper purpose for which tion. In fact, Mr. Speaker, 4 years ago ciated with missile systems, and con- they were intended. I led a delegation of 11 of our col- ventional weapons was being sold out Just this past month, we held a hear- leagues to Vienna, five from the Demo- of Russia into the hands of people in ing in the Committee on Armed Serv- crat side and five from the Republican those five unstable nations. In fact, in ices where over $100 million of U.S. side. I let each of those 11 Members 1998 I did a floor speech where I laid on money was paid to a U.S. contractor to read on the airplane ride to Vienna an the CONGRESSIONAL RECORD docu- build a plant in Russia that was sup- internal memo that was written by mentation prepared by the Congres- posed to destroy fuel that Russia had Strobe Talbott to Vice President Gore sional Research Service outlining 38 which we felt was a potential threat. and Sandy Berger that outlined the times that we caught Russian and Chi- After $95 million of that money was fact that we did not want Russia in- nese entities illegally transferring spent and the plant was completed, we volved in helping to find a solution to technology to five nations, Iran, Iraq, realized that Russia no longer had the get Milosevic out of power. So, again, Syria, Libya and North Korea. In all 38 fuel. They in fact used the fuel for we sent the wrong signal to Russia. of those cases, we did not take the ap- their space program leaving us with a

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.210 H09PT1 H3046 CONGRESSIONAL RECORD — HOUSE April 9, 2003 $95 million empty plant and an abso- Likewise, Mr. Speaker, the Soviet possibilities to go into Russia and to lutely red face. Union before it became Russia and a help them identify, secure and destroy Mr. Speaker, in our programs to help nation that divided itself, produced sig- these nasty weapons that we do not Russia control and monitor these nificant amounts of biological weap- want to get in the hands of other lead- weapons of mass destruction, it is es- ons. In fact, a good friend of mine, Dr. ers that might one day do what Sad- sential that we have accountability. Ken Alibek, who at one time was the dam Hussein did in Iraq. Mr. Speaker, I want to say to my col- number two leader of the Soviet agen- It is absolutely essential, Mr. Speak- leagues, now is not the time for us to cy that produced the biological weap- er, now at this critical juncture, that back away from engaging Russia in ons for the Soviet Union and is now a we redouble our effort with Russia to helping her control these technologies professor at George Mason University help her stabilize and destroy these that are the reason why we went to war here in the States, in testimony again most nasty weapons that are the most in Iraq in the first place, these chem- before my subcommittee in 1998 and in significant threats to our homeland se- ical and biological agents, these weap- his book ‘‘Biohazard’’ that he has pro- curity. ons of mass destruction, these poten- duced nationwide, Ken Alibek talks This legislation, Mr. Speaker, is cre- tial nuclear programs. about the significant amount of bio- ative. It creates a number of new ini- In fact, it was retired Soviet General logical weapons that the Soviet Union tiatives, all of which are involved to Alexander Levitt who entertained a produced again to use against America. have a closer working relationship. delegation that I took to Moscow in In his book he documents 60 strains of Mr. Speaker, in my initial discus- May of 1997 who responded to a ques- anthrax, smallpox, botulism, VX gas, sions with the Russians, they have told tion I asked him about the status of mustard gas, all of which the Soviets me if America passes this kind of com- the Russian military in this way. I said produced and stockpiled so that one prehensive legislation, they will work General Levitt, you have just left day they might have to use them with us to open up all of those other se- President Yeltsin’s side as his top de- against us. Well, those stockpiles are cret sites that up until now Russia has fense adviser. You have been in a posi- still there, Mr. Speaker. Those biologi- been unwilling to allow our scientists tion of overseeing all of Russia’s mili- cal agents are still stored throughout to visit. tary on behalf of your country’s Presi- the former Soviet Union. If we truly want to secure the home- dent. Would you tell me the status of land, Mr. Speaker, then we have to go your military? b 2340 to where the threats are, and the He looked at our bipartisan delega- It is not enough for us to pull away threats to our security and our home- tion and he said it is in total disarray. and think that somehow Russia is land, the threats of chemical, biologi- He said our best Soviet war fighters, going to have the money and the will cal, nuclear strategic missile systems, our most competent Soviet generals to take apart and destroy all of those are contained within the confines of and admirals have left the service of chemical and biological agents. the former Soviet States. their country because they have not In addition, Mr. Speaker, in the tran- This legislation gives us new initia- been paid. They do not have decent sition of Russia from a communist so- tives to address those threats coopera- housing, and morale among our troops ciety to a free market democracy, tively with Russia, and, in doing so, has never been worse. So Congressman, many of their most competent nuclear convinces the Russians that they have all of those technologies and weapons scientists are out of work. They used got to stop keeping some of their fa- that we built during the Cold War to to produce nuclear weapons, nuclear cilities closed and off limits, but rather use against you are being sold by those warheads. Today they have no work. allow us to work collectively together. generals and admirals, and they are They are driving taxicabs. So it is It also provides something new, Mr. being sold to your enemies. equally essential that we not allow How right he was in 1997 to tell us Speaker. It provides for an account- those scientists to end up working in what would happen in the future. ability process that will prevent future Those Soviet generals and admirals, Iran or Iraq or North Korea or Syria or expenditures of U.S. money from being not the Russian government, those So- Libya or China or India or Pakistan, misspent the way we have seen dollars viet generals and admirals who felt be- helping them develop a new generation misspent in past programs, where the trayed by the motherland resorted to of nuclear weapons. projects were not in fact doing what selling off technology to unstable lead- For all of those reasons, Mr. Speaker, was intended to be done and did not ac- ers like Saddam Hussein. So today in it is essential that we renew our effort complish the objectives that we laid Iran, Iraq, Syria, Libya and North to help Russia, in spite of our concerns out initially. Korea, we have technologies that with their position on the Iraqi con- So, Mr. Speaker, I would ask my col- flowed out of Russia into the hands of flict, to stabilize, secure and destroy leagues to join on this legislation to- evil people and are now being consid- those weapons of mass destruction. morrow morning. Our press conference ered for transfer to unstable terrorist Because of that, Mr. Speaker, tomor- at 9:30 in the Capitol will be attended organizations. row, joined by my colleagues on both by support groups that I think rep- Now Russia still contains vast sides of the aisle, with our lead minor- resent the broad cross-section of ide- amounts of weapons of mass destruc- ity sponsor the gentleman from Texas ology in America. The Carnegie Center tion. When I had Dr. Alexa Yobakov (Mr. EDWARDS), I will introduce the for International Peace, the Heritage come to Congress in the fall of 1998 to most comprehensive nuclear non- Foundation, the Organization of Viet- testify before my subcommittee, and proliferation cooperative threat reduc- nam Veterans and the Nuclear Threat he is perhaps the most respected envi- tion program with Russia and the Reduction Campaign will all join with ronmentalist in all of Russia, he said former Soviet States in the history of us in a bipartisan announcement to put this about Russia’s chemical weapons our relationship. forward a new initiative, a bold initia- stockpile. He said publicly we have This 35 page bill will be introduced tive that allows us to deal with the un- claimed that we produce and have tomorrow. I would encourage our col- derlying threats to our homeland secu- 40,000 metric tons of chemical weapons. leagues on both sides of the aisle to rity, the reasons why we had to go to But he said my hunch is that our ac- sign on as original cosponsors. At this war in Iraq, because Saddam had ob- tual inventory is probably closer to point in time we have approximately 10 tained these terrible technologies from double that amount, 80,000 to 100,000 Members of the Republican Party and a destabilized Russia. metric tons of chemical weapons. 10 Members of the Democrat Party. I Mr. Speaker, the minister of atomic These are the same chemical agents have not yet introduced the bill, nor energy from Russia, Rumyantsev, is in that we have been so concerned about have I sent it out for consideration. our city tonight. I will be meeting with Iraq using. We cannot now move away Tomorrow this comprehensive legis- him tomorrow morning at 9 a.m. I and not help Russia stabilize the secu- lation will be filed, which builds and know the minister well. He wants to rity of those weapons and destroy them expands upon our successes in the work with us in a constructive way to because if we do, they will ultimately Nunn-Lugar program and the nuclear reduce threats. We must seize the op- get again in the hands of the wrong nonproliferation and weapons of mass portunity and the initiative. We must people. destruction programs and creates new not allow ourselves to be clouded, to

VerDate Jan 31 2003 04:17 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.211 H09PT1 April 9, 2003 CONGRESSIONAL RECORD — HOUSE H3047 think that somehow pulling away from equivalent to Winston Churchill in the fiscal year 2002, pursuant to 21 U.S.C. 379g Russia is the answer. It is the worst so- 21st century, a man who stood up and note; to the Committee on Energy and Com- lution. It is the worst alternative in did the right thing under impossible merce. 1731. A letter from the Director, Regula- terms of dealing with the concerns of conditions. tions Policy and Management Staff, Depart- our homeland and its security. Now, that is not to minimize the ment of Health and Human Services, trans- So I would encourage our colleagues leadership of our great President. mitting the Department’s final rule — Med- to look at this legislation, to cosponsor George Bush provided the vision, but it ical Devices; Reclassification of the Knee it and to work to get it brought up on would have been far easier for Tony Joint Patellofemorotibial Metal/Polymer Po- the House and Senate floors as quickly Blair to blend in with the European rous-Coated Uncemented Prosthesis and the as possible. crowd, with the Jacques Chiracs, the Knee Joint Femorotibial (Uni-compart- Finally, in closing, Mr. Speaker, let mental) Meta/Polymer Porous-Coated Gerhard Schroeders, and said that is Uncemented Prosthesis [Docket No. 00N- me just speak a word or two about a not our battle, that is not our worry. OO18] received April 3, 2003, pursuant to 5 man who I think will go down in his- Tony Blair did not do that. U.S.C. 801(a)(1)(A); to the Committee on En- tory as the 21st century Winston This Nation, this body and the world ergy and Commerce. Churchill. I was not a big fan of Tony owes Tony Blair on this evening of the 1732. A letter from the Director, Regula- Blair’s up until this year, Mr. Speaker, celebration of the stabilization of Iraq tions Policy and Management Staff, Depart- but let me tell you, I have changed my and Baghdad a tremendous vote of ment of Health and Human Services, transmitting the Department’s final rule — Label- mind. thanks. ing Requirements for Systemic Antibacterial You know, Britain went through a f Drug Products Intended for Human Use; Cor- very difficult time when Adolf Hitler RECESS rection [Docket No. 00N-1463] (RIN: 0910- was in power in Germany, and I re- AB78) received April 3, 2003, pursuant to 5 member from my history lesson the po- The SPEAKER pro tempore (Mr. U.S.C. 801(a)(1)(A); to the Committee on En- sition of Winston Churchill as a minor- BURGESS). Pursuant to clause 12(a) of ergy and Commerce. ity voice in Great Britain, calling out rule I, the Chair declares the House in 1733. A letter from the Director, Regula- tions Policy and Management Staff, Depart- for the people to be wary of this man recess subject to the call of the Chair. ment of Health and Human Services, trans- Hitler and what he might do to domi- Accordingly (at 11 o’clock and 50 mitting the Department’s final rule — New nate people around him and to eventu- minutes p.m.), the House stood in re- Animal Drugs; Phenylbutazone; Extralabel ally inflict pain on Britain. cess subject to the call of the Chair. Animal Drug Use; Order of Prohibition; Cor- The people of Britain laughed at him. f rection [Docket No. 03N-0024] received April They said Churchill was an alarmist. 3, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Instead, they listened to Neville Cham- EXECUTIVE COMMUNICATIONS, the Committee on Energy and Commerce. ETC. 1734. A letter from the Assistant Secretary berlain. Neville Chamberlain had a for Legislative Affairs, Department of State, very famous meeting with Adolf Hitler. Under clause 8 of rule XII, executive transmitting a report entitled, ‘‘Policy on At that meeting he supposedly received communications were taken from the terminating the Arab League Boycott of assurances from Adolf Hitler that Hit- Speaker’s table and referred as follows: Israel and expanding the process of normal- ler had no intention of harming Great 1724. A letter from the Secretary of the ization between the Arab League countries Britain, that Hitler had no intention of Navy, Department of Defense, transmitting and Israel,’’ pursuant to Public Law 108—7, harming Europe. notification of the decision to order up to section 535; to the Committee on Inter- So Neville Chamberlain went back to 150,000 additional workstations under the national Relations. 1735. A letter from the Administrator and Britain and gave a famous speech. In Navy Marine Corps Intranet (NMCI) contract; to the Committee on Armed Services. Chief Executive Officer, Department of En- that famous speech he pronounced 1725. A letter from the Under Secretary, ergy, transmitting the 2002 Annual Report of those famous words: ‘‘Don’t worry, Department of Defense, transmitting a re- the Bonneville Power Administration, pursu- Britain. Peace is at hand.’’ Within a port required pursuant to title 10, United ant to 16 U.S.C. 839(h)(12)(B); to the Com- matter of a few short weeks, Britain States Code, section 12302(d), relating to mittee on Government Reform. was being bombarded with missiles those units of the Ready Reserve of the 1736. A letter from the Chief Operating Of- launched by Germany, Adolf Hitler. Armed Forces that remained on active duty ficer, Chemical Safety and Hazard Investiga- tion Board, transmitting the Board’s annual It was Winston Churchill who then under the provisions of section 12302 as of January 1, 2003; to the Committee on Armed inventory of activities; to the Committee on rose to prominence. It was Winston Government Reform. Churchill, who had been mocked by the Services. 1726. A letter from the Under Secretary, 1737. A letter from the Secretary, Depart- people of Britain, who stood up and Department of Defense, transmitting a re- ment of the Treasury, transmitting the Fi- provided leadership, and perhaps Brit- port entitled, ‘‘Devolvement of Research, De- nancial Report of the United States Govern- ain, Europe and the world’s worst hour. velopment, Test and Evaluation Programs ment for Fiscal Year 2002 (Financial Report); It was Winston Churchill who had the and Activities Beginning in FY 2004’’; to the to the Committee on Government Reform. 1738. A letter from the Director, Holocaust Committee on Armed Services. courage to do the right thing, in spite Memorial Museum, transmitting the Annual 1727. A letter from the Under Secretary, of the animosity generated by the peo- Performance Report for Fiscal Year 2002; to Department of Defense, transmitting notifi- ple of his Nation and by those who the Committee on Government Reform. said, ‘‘We can negotiate with Hitler. He cation regarding the Department’s study re- 1739. A letter from the Executive Director quired by the Senate Armed Services Com- will listen to us. He has agreed not to for Operations, Nuclear Regulatory Commis- mittee report accompanying the Bob Stump sion, transmitting a report on Year 2002 In- attack us and agreed not to harm Eu- National Defense Authorization Act for FY rope.’’ ventory of Commercial Activities and Inher- 2003; to the Committee on Armed Services. ently Governmental Functions; to the Com- Thank goodness for Winston Church- 1728. A letter from the Under Secretary, mittee on Government Reform. ill, that he was there, to call to arms Department of Defense, transmitting the an- 1740. A letter from the Director, Office of Great Britain, Europe and eventually nual report of the Armed Forces Retirement Personnel Management, transmitting a re- America. Home for Fiscal Year 2001; to the Committee port on the Federal Activities Inventory Re- I am convinced, Mr. Speaker, Tony on Armed Services. form Act Inventory as of June 30, 2002; to the 1729. A letter from the Director, Corporate Committee on Government Reform. Blair is the Winston Churchill of the Policy and Research Department, Pension 21st century. Under absolutely out- 1741. A letter from the Chief Judge, Supe- Benefit Guaranty Corporation, transmitting rior Court of the District of Columbia, trans- rageous odds, from his own party, in- the Corporation’s final rule — Benefits Pay- mitting the Superior Court’s Family Court ternal bickering and sniping at him, to able in Terminated Single-Employer Plans; Transition Plan; to the Committee on Gov- the British people, to world opinion, to Allocation of Assets in Single-Employer ernment Reform. the European leaders, his neighbors, Plans; Interest Assumptions for Valuing and 1742. A letter from the Architect of the Tony Blair stood up, and he stood for Paying Benefits — received April 3, 2003, pur- Capitol, transmitting a report discussing the his convictions, and he did the right suant to 5 U.S.C. 801(a)(1)(A); to the Com- AOC’s activities to improve worker safety mittee on Education and the Workforce. thing. during the first quarter of FY03; to the Com- 1730. A letter from the Secretary, Depart- mittee on House Administration. So, Mr. Speaker, I rise tonight in ment of Health and Human Services, trans- 1743. A letter from the Assistant Adminis- final summary of my discussion about mitting the Department’s annual financial trator for Fisheries, NMFS, National Oce- the war to pay tribute to someone who report to Congress required by the Prescrip- anic and Atmospheric Administration, trans- I think will go down in history as an tion Drug User Fee Act of 1992 (PDUFA) for mitting a biennial report on Atlantic Bluefin

VerDate Jan 31 2003 04:34 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\K09AP7.213 H09PT1 H3048 CONGRESSIONAL RECORD — HOUSE April 9, 2003 Tuna (2001-2002), pursuant to 16 U.S.C. 971i; sels Less Than 60 ft (18.3m) LOA Using Jig or the Paralyzed Veterans of America for the to the Committee on Resources. Hook-and-Line Gear in the Bogosl of Pacific fiscal year 2002, pursuant to 36 U.S.C. 1166; to 1744. A letter from the Assistant Adminis- Cod Exemption Area in the Bering Sea and the Committee on the Judiciary. trator for Fisheries, NMFS, National Oce- Aleutian Islands Area [Docket No. 020718172- 1750. A letter from the Chairman, Federal anic and Atmospheric Administration, trans- 2303-02; I.D. 032503D] received April 3, 2003, Maritime Commission, transmitting the 41st mitting the Administration’s final rule — pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Annual Report of the Federal Maritime Com- Fisheries of the Exclusive Economic Zone mittee on Resources. mission for fiscal year 2002, pursuant to 46 Off Alaska; Bering Sea and Aleutian Islands; 1747. A letter from the Acting Director, Of- U.S.C. app. 1118; to the Committee on Trans- Final 2003 Harvest Specifications for Ground- fice of Sustainable Fisheries, NMFS, Na- portation and Infrastructure. fish; Correction [Docket No. 021212307-3037-02; tional Oceanic and Atmospheric Administra- I.D. 110602C] received April 3, 2003, pursuant tion, transmitting the Administration’s final 1751. A letter from the Assistant Adminis- to 5 U.S.C. 801(a)(1)(A); to the Committee on rule — Fisheries of the Exclusive Economic trator, Office of Oceanic and Atmospheric Resources. Zone Off Alaska; Species in the Rock sole/ Research, National Oceanic and Atmospheric 1745. A letter from the Acting Director, Of- Flathead sole/‘‘Other flatfish’’ Fishery Cat- Administration, transmitting the Adminis- fice of Sustainable Fisheries, NMFS, Na- egory by Vessels Using Trawl Gear in Bering tration’s final rule — Joint Hurricane tional Oceanic and Atmospheric Administra- Sea and Aleutian Islands management area Testbed (JHT) Opportunities for Transfer of tion, transmitting the Administration’s final [Docket No. 021212307-3037-02; I.D. 032103D] re- Research and Technology into Tropical Cy- rule — Fisheries of the Exclusive Economic ceived April 3, 2003, pursuant to 5 U.S.C. clone Analysis and Forecast Operations Zone Off Alaska; Pollock in Statistical Area 801(a)(1)(A); to the Committee on Resources. [Docket No. 021114275-3052-02] received April 610 of the Gulf of Alaska [Docket No. 1748. A letter from the Commissioner, De- 1, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to 021212306-2306-01; I.D. 031703B] received April partment of the Treasury, transmitting FY the Committee on Science. 3, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to 2002 Report to the Congress U.S. Government 1752. A letter from the Chairman, Defense the Committee on Resources. Receivables and Debt Collection Activities of Nuclear Facilities Safety Board, transmit- 1746. A letter from the Acting Director, Of- Federal Agencies, pursuant to 31 U.S.C. ting the Thirteenth Annual Report describ- fice of Sustainable Fisheries, NMFS, Na- 3716(c)(3)(B); to the Committee on the Judici- ing the Board’s health and safety activities tional Oceanic and Atmospheric Administra- ary. relating to the Department of Energy’s de- tion, transmitting the Administration’s final 1749. A letter from the Chief Financial Offi- fense nuclear facilities during the calendar rule — Fisheries of the Exclusive Economic cer, Paralyzed Veterans of America, trans- year 2002; jointly to the Committees on Zone Off Alaska; Pacific cod by Catcher Ves- mitting a copy of the annual audit report of Armed Services and Energy and Commerce.

N O T I C E Incomplete record of House proceedings. Today’s House proceedings will be continued in the next issue of the Record.

VerDate Jan 31 2003 04:34 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00108 Fmt 7634 Sfmt 8633 E:\CR\FM\L09AP7.000 H09PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, WEDNESDAY, APRIL 9, 2003 No. 57 Senate The Senate met at 10 a.m. and was APPOINTMENT OF ACTING land sales. The Senate will vote on called to order by the Honorable ROB- PRESIDENT PRO TEMPORE both the Nickles amendment and final ERT F. BENNETT, a Senator from the The PRESIDING OFFICER. The passage of the CARE Act at approxi- State of Utah. clerk will please read a communication mately 12:30 p.m. today. The PRESIDING OFFICER. Today’s to the Senate from the President pro Following passage of the CARE Act, prayer will be offered by our guest tempore (Mr. STEVENS). the Senate may resume consideration Chaplain, CAPT Wilbur C. Douglass III, The assistant legislative clerk read of the nomination of Priscilla Owen. In who is the Chaplain of the U.S. Coast the following letter: addition to the Owen nomination, the Guard. Senate may consider the PROTECT U.S. SENATE, PRESIDENT PRO TEMPORE, Act conference report, if available, as PRAYER Washington, DC, April 9, 2003. well as a POW resolution. Additional The guest Chaplain offered the fol- To the Senate: votes are, therefore, expected. lowing prayer: Under the provisions of rule I, paragraph 3, f Please join me in prayer. of the Standing Rules of the Senate, I hereby appoint the Honorable ROBERT F. BENNETT, a SUPPORTING OUR TROOPS Holy and Merciful God, Lord of all Senator from the State of Utah, to perform Mr. FRIST. Mr. President, as we have Creation, hear this our prayer that the duties of the Chair. been doing over the last several weeks, emanates from the collective hearts as- TED STEVENS, we are devoting a few moments each sembled here today. Envelop and bless President pro tempore. morning to pay respect to the tremen- this gathering of Your chosen servants Mr. BENNETT thereupon assumed dous work our troops are doing over- as they now prepare to face the ardu- the chair as Acting President pro tem- seas. Evidence continues to build that ous challenges of this day. In the si- pore. American and coalition forces are ad- lence of these brief solemn moments f vancing, that they will prevail in this cause each of them to fully know that war. You have placed Your guiding hand RECOGNITION OF THE MAJORITY Coalition aircraft destroyed a com- upon them, protecting them both indi- LEADER plex believed to be the site of an Iraqi vidually and as one united body. The ACTING PRESIDENT pro tem- leadership meeting. Lord God, as You give guidance to pore. The majority leader is recog- Coalition forces are conducting oper- these audacious men and women here nized. ations at will throughout Baghdad, and today, enable them to clearly and dis- British forces now control most of tinctively hear the guidance of Your f Iraq’s second largest city. loving voice well above the confusion SCHEDULE The threat of Chemical Ali, the Iraqi and chaos of a world conflicted in tur- Mr. FRIST. Mr. President, the Sen- general responsible for the atrocious moil. ate will be in a period of morning busi- chemical attacks on the Kurds in the Bless, guide, encourage, and protect ness for the next hour and a half, until 1980s, has reportedly been eliminated. the courageous men and women of our 11:30 a.m., with the first 30 minutes We have captured more than 7,000 Armed Forces, our Congress, our Presi- equally divided between Senator Iraqi prisoners of war. dent, and, especially, our beloved HUTCHISON and the minority leader or Of the more than 800 tanks in the United States of America. Hear us, as their designees. This time is dedicated Iraqi Army when this conflict began, we pray together in Your gracious and to the men and women fighting in Iraq. all but a few, a couple dozen, have been powerful name and say in one voice The remaining time until 11:30 a.m. destroyed or abandoned. . . . Amen. will be equally divided between the two Coalition forces continue to generate leaders or their designees. During the good will among the Iraqi people, as we f Republican-controlled time, Senator saw on the television early this morn- DOLE will be recognized for up to 15 ing, by delivering humanitarian sup- PLEDGE OF ALLEGIANCE minutes and Senator KYL will be recog- plies the country so desperately needs. The Honorable ROBERT F. BENNETT nized for up to 15 minutes. I applaud a very special group of peo- led the Pledge of Allegiance, as follows: Following morning business, the Sen- ple in Iraq, and that is the medical I pledge allegiance to the Flag of the ate will resume debate on the CARE workers, the medical personnel, the United States of America, and to the Repub- Act. When the Senate returns to con- troops who are responsible for deliv- lic for which it stands, one nation under God, sideration of the bill, Senator NICKLES ering care, both in Iraq and the sur- indivisible, with liberty and justice for all. will offer his amendment related to rounding region. They are providing

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

S4997

VerDate Jan 31 2003 02:37 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.000 S09PT1 S4998 CONGRESSIONAL RECORD — SENATE April 9, 2003 superb care, not only to fellow Ameri- after Mr. LEVIN, the senior Senator Although their military is not as cans who have been wounded on the from Michigan, speaks, the junior Sen- large as Great Britain, their contribu- battlefield but also to nearly 300 ator from Michigan be recognized. tion is significant and they deserve our wounded Iraqi soldiers, as well as civil- Mrs. HUTCHISON. Reserving the thanks. Australia has long been a ians. On the hospital ship Comfort in right to object, Mr. President. friend and ally to the United States. the northern Arabian Gulf, we are The PRESIDING OFFICER. The Sen- Not only did they send troops to sup- treating 75 Iraqi prisoners of war. ator from Texas. port us in the 1991 war in the Persian Yesterday, the Pentagon quoted one Mrs. HUTCHISON. That will be up Gulf, they also joined us in military ac- doctor who said: until the 15 minutes for their side, and tion in Korea and in Vietnam. Aus- with that I agree to the unanimous We do not differentiate between patients, tralians share our values of democracy whether they are friends or foes. consent request. There is another Sen- and a pioneering spirit. Australia also ator coming for our 15-minute period. I cannot imagine a more powerful shares our history of being a former Ms. STABENOW. Yes. British colony with a strong inde- statement about the compassion of our The PRESIDING OFFICER. Without pendent streak. The British may be our men and our women in uniform and our objection, it is so ordered. country. The Senator from Tennessee. ancestors, but the Australians are our first cousins. On Monday, GEN Tommy Franks f paid a visit to the 101st Airborne in Today, Australia is standing with us Najaf. He awarded Bronze Stars to two HONORING OUR ARMED FORCES again. In fact, they have committed 1st Brigade soldiers: SGT James Ward Mr. ALEXANDER. Mr. President, I more troops to our current efforts in of the 1st Battalion and SGT Lucas thank the Senator from Texas. Iraq than they did 12 years ago in 1991. Goddard of the 3rd Battalion. PFC The majority leader mentioned the Australia’s commitment includes: 14 F– Miguel Pena of the 2nd Battalion will 101st Airborne Division in his remarks. 18 jet fighters, 3 C–130 transport air- also receive a Bronze Star at a future Both he and I feel a special pride in craft, three naval vessels, one trans- date. that division because it sits on the bor- port and two frigates, CH–47 troop-lift In closing, General Franks said in a der of Tennessee and Kentucky. The helicopters and accompanying troops, brief speech during the ceremony majority leader was there 10 days ago and a Special Forces task group of 500 something that really captures, I be- with the families over a weekend, and troops. lieve, the feelings of all Americans I was there over the past weekend with In total, Australia has committed when he said: the Secretary of the Army at a lunch- about 2,000 army, air force, and naval personnel—their second largest mili- There’s something real special to stand eon in honor of the families there. with these two young noncommissioned offi- I suppose this must be said of every tary deployment since Vietnam. And cers back here—and stand with these heroes. part of our military today, but no one they have been very active. Australia’s Special Forces have seen He continues: can go to Fort Campbell without being enormously impressed with every sin- combat in what their commander de- What I meant when I said stand with gle military person one meets, espe- scribes as ‘‘shoot and scoot’’ missions. ‘‘these heroes’’ is I meant all of you. cially the family members. Among They have destroyed installations be- Mr. President, I yield the floor. those was Holly Petraeus, who is the hind enemy lines and provided impor- f wife of the commanding general of the tant reconnaissance information. An Australian diving team has been RESERVATION OF LEADER TIME 101st Airborne Division. We talked about a great many things instrumental in clearing underwater The PRESIDING OFFICER (Mr. TAL- on Saturday. We talked about the brav- mines at the Iraqi port of Umm Qasr, ENT). Under the previous order, the ery of the men and women from the making it possible for the arrival of leadership time is reserved. 101st and from the Army Special humanitarian aid. f Forces Divisions who have been in Iraq Their ships aided in the capture of an Iraqi vessel that was trying to lay MORNING BUSINESS even longer. We talked about the number of Tennessee reservists, American more mines in the Gulf. The PRESIDING OFFICER. Under reservists, and National Guard men And their F–18 fighter aircraft have the previous order, there will now be a and women who have been deployed joined ours in air strikes on enemy period for the transaction of morning since 9/11. military targets. business not to extend beyond the hour If I remember correctly, the Sec- Australian Prime Minister John of 11:30 a.m., with the first 30 minutes retary of the Army estimated that Howard told his Parliament on March to be equally divided between the Sen- nearly two-thirds of all of our reserv- 18: ator from Texas, Mrs. HUTCHISON, and ists and National Guard men and We have supported the Americans position the Democratic leader, or their des- women have been activated in one form on this issue because we share their concerns ignees, with the remaining time to be or another since 9/11. We owe them and we share their worries about the future equally divided between the two lead- if Iraq is left unattended to. enormous gratitude. Alliances are two-way processes and, when ers or their designees. We talked about one other thing at we are in agreement, we should not leave it The Senator from Texas. Fort Campbell last Saturday, and that to the United States to do all of the heavy Mrs. HUTCHISON. Mr. President, I was the debt we owe to our allies be- lifting just because they are the world’s su- yield such time that the Senator from cause we are not in Iraq alone. We talk perpower. Tennessee may consume. about the coalition of the willing. So Now that is a true friend. Australia The PRESIDING OFFICER. The Sen- today, I rise not just to talk about our may not have the largest military in ator from Tennessee is recognized. brave men and women at Fort Camp- the world, but that won’t stop them Mr. LEVIN. Mr. President, will the bell, about whom I will have more to from sending what they can to help our Senator yield for a unanimous consent say later this week, but I want to ex- brave men and women fighting in Iraq. request? press our appreciation for and salute They do not want to leave us to do all Mr. ALEXANDER. Of course. our allies in the military action in the ‘‘heavy lifting.’’ And, as I noted Mr. LEVIN. Mr. President, I ask Iraq. earlier, their help has been real and unanimous consent that following the Many of our colleagues have noted significant. Senator from Tennessee, the Senator the leadership of Great Britain and Australia, led by Prime Minister from Georgia be recognized and I be Prime Minister Blair, and rightfully so. Howard, has taken a courageous stand recognized immediately following the Great Britain has long been a great by supporting us in this war and com- Senator from Georgia. ally of this country, and we are deeply mitting so many of its troops. They are The PRESIDING OFFICER. Without grateful for that. But another ally has a true friend and ally of the United objection, it is so ordered. contributed significantly to military States, and I know we are all grateful The Senator from Michigan. resources in this effort, a country we for their help and support. Ms. STABENOW. Mr. President, I sometimes might overlook. That coun- If I may say, in 1987, after I left the further ask unanimous consent that try is Australia. Tennessee Governor’s office, my family

VerDate Jan 31 2003 01:34 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.003 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S4999 and I moved to Australia. We lived in Army for the noblest of reasons. He military members serving in Operation Sydney for 6 months. We did that to fought and died in Iraq while defending Iraqi Freedom. This generosity of heart get to know each other as a family our Nation’s freedom. has been apparent in every corner of even better, after so many years in pol- And after his death, when I talked my home State of Michigan. itics. It gave us a chance to know our with his family, they asked one last re- Michigan has a long tradition of giv- first cousins in Australia and to see quest of the Government in return for ing its all in support of young Ameri- our country at home in an even dif- their son’s life—to be able to bury him cans waging a war overseas. Over 60 ferent way. this Thursday as a U.S. citizen. years ago, Michigan’s automotive fac- In 1992, when I served in President I am very pleased and proud to an- tories were the heart of the ‘‘Arsenal of Bush’s Cabinet, the President asked nounce today that, with the help of the Democracy’’, which helped to bring an then-Secretary of Defense CHENEY and INS, PFC Diego Rincon has been Allied victory in World War II. As me to go to Australia to help celebrate awarded U.S. citizenship. Tomorrow, President Franklin Delano Roosevelt the 50th anniversary of the Battle of this brave soldier will be buried in said at that time, Americans at home the Coral Sea. I have been reminded Georgia as a citizen of this great coun- were a crucial component of the war: many times that our Australian friends try. ‘‘We must apply ourselves to our task remember that the United States of But there are thousands of nonciti- with the same resolution, the same America stood with them during World zens fighting in our military right now. sense of urgency, the same spirit of pa- War II, and they stand with us today. So I, along with my fellow Senator triotism and sacrifice’’ as those serving That is why on last Saturday, at Fort from Georgia, Mr. CHAMBLISS, have in- on the front lines. Campbell, we were not only talking troduced legislation calling for citizen- And Michiganders have always about the bravery of American men ship to be granted immediately to any stepped up to that challenge, giving of and women and about our own National soldier who fights in our armed serv- their time, their resources, their en- Guardsmen and reservists, we were ices and dies in combat. ergy, and their love in support of our talking about how much we respect For those among our troops who are troops. Since the war in Iraq began, in and appreciate the support our fighting not citizens and who die on the battle- countless ways, Michiganders have men and women have received from our field, I believe the least we can do is to sought to express their thanks to our allies overseas, especially from the honor them with posthumous citizen- service members. brave men and women in Australia. ship. I believe it should be done auto- There are currently over 3,400 I yield the floor. matically by the Government, with no Michiganders from National Guard and The PRESIDING OFFICER. Under Reserve units who have been activated, the previous order, the Senator from delay and no burden on the families. Under our bill, the families of these in addition to many active duty service Georgia is recognized. brave soldiers would not have to fill members for Michigan serving in sup- Mr. MILLER. Mr. President, I rise port of ongoing military operations. In out any forms or make any phone calls. this morning to share with my col- February, I traveled to Kuwait, Qatar, This citizenship would apply only to leagues the story of one of my Georgia and other places in the region and had the deceased soldier, and it would not constituents. It beings with a brave the honor of meeting with a group of make the soldier’s family eligible for young 3rd Infantry soldier named about 20 Marines from Michigan at any extra benefit or any special treat- Diego Rincon. Camp Commando. These dedicated, ment. It is simply a final gesture of Diego was a native of Colombia and professional men and women were thanks and gratitude for the ultimate he came to the United States in 1989 highly motivated, well prepared, and sacrifice these immigrant soldiers have with his family when he was 5 years their morale was high. They are re- made for their adopted country. old. He enjoyed a life of freedom and markable representatives of America I yield the floor. safety that might never have been pos- and the values we stand for. sible in Colombia. The PRESIDING OFFICER. The To show our gratitude for their work, Diego was extremely loyal to the Chair wishes to announce there are 2 thousands have rallied across Michigan country that welcomed him. And after minutes 49 seconds remaining on the in support of the troops. At the Capitol the September 11 attacks, he decided it Republican side and 6 minutes 14 sec- in Lansing, at Centennial Park in Hol- was time to repay his adopted Nation. onds on the Democratic side. land, at Calder Plaza in Grand Rapids, Upon graduation from Salem High The Chair recognizes the Senator at Veterans Memorial Park in Ann School in Conyers, GA, Diego enlisted from Michigan. Arbor, and St. Mary’s Park in Mon- in the Army. He became a member of Mr. LEVIN. Mr. President, we have roe—among many other locales— the ‘‘Rock of the Marne,’’ Fort Stew- moved into morning business, is that groups have gathered to voice support art’s 3rd Infantry Division. correct? for the troops and wish them a quick, Sadly, PFC Rincon was killed March The PRESIDING OFFICER. The Sen- safe return home. 29 in Iraq by a suicide bomber at a ator is correct. In Jackson, people lined the streets military checkpoint. Diego was 19 Mr. LEVIN. I wonder if there would for a parade to send off members of a years old. Three other members of his be any objection to adding 10 minutes local Army Reserve unit mobilized to 1st Brigade were also killed. to this period of time, given the num- active duty. A parade was held in In late February, Diego wrote his ber of speakers we have on the floor. I Houghton, where uniformed men and final letter home to his mother just as would not want to do that without the women displayed their colors for the his brigade was getting ready to move leadership knowing about it. I wonder troops, and a similar event in support out. I would like to read just a couple if somebody could check to see if there of the service members is planned in of paragraphs from that letter: would be any objection to our adding 10 Cheboygan. Bowen Holliday Post 35 of So I guess the time has finally come for us minutes to this particular period. the American Legion in Traverse City to see what we are made of, who will crack Mr. President, one of my greatest when the stress level rises and who will be is giving out Blue Star Service Banners pleasures and privileges of serving on to military families as a visual re- calm all the way through it. Only time will the Armed Services Committee has tell. minder of sons and daughters serving I try not to think of what may happen in been the close working contact I have the country. the future, but I can’t stand seeing it in my had with the men and women who And Rudyard, Michigan—a town of eyes. There’s going to be murders, funerals make up America’s Armed Forces. 1,315 in the Upper Peninsula—has seen and tears rolling down everybody’s eyes. They truly represent the best our Na- more than ten percent of its population But the only thing I can say is, keep my tion has to offer. Whenever I visit mobilized on active military duty. head up and try to keep the faith and pray them, no matter where they are sta- for better days. All this will pass. I believe Although the Defense Department God has a path for me. tioned or deployed, I come away proud prohibits sending care packages to Whether I make it or not, it’s all part of and impressed by their courage, their ‘‘any servicemember’’ due to security the plan. It can’t be changed, only com- professionalism and their commitment. concerns and transportation con- pleted. Across the country, Americans have straints, Michigan residents have found This 19-year-old young man, was wise rallied, volunteered, and sent dona- many ways to provide service people beyond his years. Diego joined the tions to show their support for our with a piece of home.

VerDate Jan 31 2003 02:37 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.006 S09PT1 S5000 CONGRESSIONAL RECORD — SENATE April 9, 2003 Girl Scouts in the Upper Peninsula because there is a very important dressed to specific military personnel. are conducting a campaign called speech and a timetable for the Senator Since the anthrax attacks of October ‘‘Cookies From Home.’’ The scouts are from North Carolina. I ask unanimous 2001, these kinds of mailings just pose collecting donations from U.P. resi- consent that the Senator from Michi- too much of a security risk. dents, and the money will be used to gan be recognized for 5 minutes, after However, the military encourages in- buy boxes of Girl Scout cookies which which the Senator from North Carolina dividuals or groups to show their sup- they will send to the troops. Last year, be recognized for 20 minutes. port for the troops abroad by showing Girl Scouts in the Upper Peninsula The PRESIDING OFFICER. Without support at home for our veterans and sent 2,076 boxes of cookies to Bosnia objection, it is so ordered. the families of current National Guard and Saudi Arabia as part of the cam- The Senator from Michigan is recog- and Reserve personnel whose loved paign. nized for 5 minutes. ones are deployed far away—and then Students at Ishpeming High School Ms. STABENOW. Mr. President, I sharing your efforts with our troops in in the U.P. have started a letter writ- rise to commend my colleague from Iraq. ing campaign to Ishpeming graduates Michigan for his comments and rise to For instance, my home State of who are now serving in the military support and join him in praising our Michigan is home to almost 875,000 vet- overseas. The Gogebic County Sheriff’s men and women in uniform who are erans of conflicts going all the way Department is participating in Oper- putting their futures on hold and their back to World War I. Volunteers are al- ation Adopt-A-Family, which is in- lives on the line to defend our Nation ways needed at veteran’s hospitals and tended to help people who need assist- and protect and advance freedom veteran’s homes. ance as the result of the deployment of around the world. Volunteers are also needed to help a spouse or parent. Many groups—in- The military action is going very family readiness groups that assist the cluding the Milan Area Chamber of well. We expect no less from our men families of the National Guard and Re- Commerce—have ‘‘adopted’’ soldiers, and women in uniform; they are highly serve personnel who have been de- sending them correspondence, thoughts prepared and trained and dedicated. ployed far from home. From my home state of Michigan, and prayers. Two Jackson, Michigan, Already many of these dedicated men the men and women of the 127th Air men have teamed up to write ‘‘Heroes and women have made the ultimate sacrifice. National Guard Wing in Selfridge, the Piano,’’ a song supporting the troops. 110th Fighter Wing in Battle Creek and A group of Wayne schoolchildren is Across the Nation last week we re- the Combat Readiness Training Center showing their support by making a spe- joiced at the dramatic rescue of Army in Alpena have been mobilized and de- cial video in appreciation of U.S. serv- PFC Jessica Lynch. ployed to bases around the world, in- ice members. Similarly, but on a larger Sadly, among the bodies found in or near the hospital where Lynch was cluding Kuwait, Saudi Arabia, the scale, the ABC television station in De- United Arab Emirates, South West troit is traveling around town with a held was the body of Private Brandon Sloan of Fraser, MI—one of Lynch’s Asia, and Turkey. camera for a project called ‘‘To Our Army National Guard and Reserve comrades in the 507th Ordnance Main- Troops,’’ in which they provide resi- units from Owosso, Taylor, Grand tenance Company that was ambushed dents with an opportunity to send a Ledge, Grayling, Sault Ste. Marie, Mid- message directly to the men and by the Iraqis on March 23. land, Pontiac, Three Rivers, Augusta, Others from Michigan who have women in the battlefield. Selfridge, and Ypsilanti have been mo- given their lives in Iraq are: Marine Unfortunately, war is a dangerous bilized and are awaiting their deploy- MAJ Kevin Nave of White Lake Town- business and it grieves me to report ment orders. that four Michigan service members ship, Army SGT Michael Pedersen of Many of these men and women leave have made the ultimate sacrifice in the Flint, MI, and Army SGT Todd Robbins families and well-paying jobs behind— service of their country in Operation of Pentwater, MI. creating hardships for themselves and Iraqi Freedom: Marine Major Kevin G. And in the continuing operation in their families just so they can serve Nave of Union Lake, Army Sergeant Afghanistan, Michigan mourns the loss their Nation. Todd J. Robbins of Pentwater, Army of Air Force SrA Jason Plite of Grand Family readiness volunteers help Sergeant Michael F. Pedersen of Flint, Ledge who died in a helicopter accident families of Guard and Reserve units and Private First Class Brandon Sloan as he flew on a mission to rescue two with everything from arranging for of Fraser. I want to close my remarks injured Afghan children. baby sitting and lawn care to staffing this morning by paying tribute to their Our hearts and prayers go out to the phone trees that keep families in- sacrifice and the sacrifice of their fam- families of these men and the families formed of the most recent develop- ilies. Our thoughts and prayers are of all the other men and women who, ments regarding the deployment of with their families as they cope with as Lincoln said, ‘‘gave the last measure their loved ones. their loss. They should know that a of full devotion’’ for their country. Once you have volunteered, military grateful Nation will never forget their Our troops who wear the uniform of officials encourage you to go to a spe- loved one and the sacrifice they have this Nation with such honor deserve to cial website called made. know they are held in honor here at www.operationdearabby.net. On behalf of all of the people of home. There you can post a note to our Michigan, I say thank you to all the My father was in the Navy during troops letting them know what you and men and women of our armed forces World War II and my husband served in your neighbors are doing here at home who are carrying out the dangerous the Air Force during the first Gulf to show your support as they serve mission of disarming Saddam Hussein War. Both have told me how important abroad. and his regime. May God speed you it was for the morale of all those who Military mail officials sort these home. served to know they had the support of messages so they can be delivered to I yield the floor. their Nation. soldiers who would be the most inter- The PRESIDING OFFICER. The Military officials tell me there are ested. Chair recognizes the Senator from things Americans can do right here at Mr. President, over the past 2 weeks Texas. home to let our troops overseas know our men and women in uniform have First, for the purpose of the informa- they are in our thoughts and prayers— put on an amazing display of bravery tion of the Democratic leadership, things that will make life a little bet- and toughness. We have all seen the there are 17 seconds remaining on the ter for people right in our hometowns picture of our troops standing up Democratic side. as well. against not just the enemy—but pound- Mrs. HUTCHISON. Mr. President, I I commend, as did Senator LEVIN, all ing sandstorms and blistering heat. ask unanimous consent that the junior who are reaching out to support our But something about the scene is Senator from Michigan be allowed 5 troops. very familiar—and very American. In minutes extra. I am going to withhold, Unlike previous conflicts, the De- fact, it is a scene as old as our Republic and then my colleague from North fense Department is asking people not itself, as old as the brutal winter at Carolina will follow Senator STABENOW to send care packages or letters not ad- Valley Forge in 1777.

VerDate Jan 31 2003 01:34 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.012 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5001 Listen to the words of George Wash- suing advanced education, but perhaps from with cerebral palsy who are of working age ington when he bid farewell to his experiencing any formal education; maybe are employed. troops when the war was finally over. not exclusion from day-to-day life itself, but Beyond this, far too many handicapped persons and their families bear serious eco- Against all odds, including that bit- perhaps from an adequate opportunity to develop and contribute to his or her fullest ca- nomic problems—despite token Government ter winter and Valley Forge, these sol- pacity. pensions and income tax deductions for a diers had won their freedom and cre- It is a minority, yet a group to which at few, and other financial aids. I recall a porated a new Nation. least one out of every five Americans be- tion of a letter received recently from the It was almost with a sense of awe longs. mother of a cerebral palsy child in a Mid- that Washington said to them: Mr. President, I speak today about 42 mil- western urban area: ‘‘There are the never- ending surgeries, braces, orthopedic shoes, The unparalleled perseverance of the Ar- lion citizens of our Nation who are phys- wheelchairs, walkers, standing tables, bath mies of the United States, through almost ically, mentally, or emotionally handi- tables and so on . . . we parents follow up on every possible suffering and discouragement, capped. every hopeful lead in clinics and with spe- was little short of a standing miracle. WHO ARE THE HANDICAPPED? cialists; we go up and down paths blindly and Who are the handicapped? The spirit of that first American always expensively . . . I have talked with They are persons—men, women, and chil- army lives on in our men and women in four major insurance companies who do not dren—who cannot achieve full physical, men- insure or infrequently insure CP children uniform today. tal, and social potential because of dis- . . . although our daughter is included in her It is still little short of a standing ability. father’s group hospitalization plan, many miracle, it still inspires awe, and it Although some live in institutions, many families are not as fortunate. These are just commands us to do whatever we can do more live in the community. Some are so se- a few of the problems, compounded by the verely disabled as to be homebound, or even here at home to show our unwavering fact we must try to adequately meet the bed-bound. Still others are able to take part support. needs of our other ‘‘normal’’ children. In in community activities when they have ac- I yield the floor. many cases, some kind of financial assist- cess and facilities. The PRESIDING OFFICER. The Sen- ance would enable us and others like us to They include amputees, paraplegics, polio provide for our children in our homes, avoid- ator from North Carolina. victims. Causes of disability include arthri- ing overcrowding of already overcrowded fa- f tis, cardio-vascular diseases, multiple scle- cilities and further adding to the taxpayer’s rosis, and muscular dystrophy. burden costs for complete care.’’ TRIBUTE TO SENATOR BOB DOLE While you may have good vision and hear- There are other problems—availability and ing, many persons live each day with limited Mrs. DOLE. Mr. President, I rise access of health care personnel and facilities eyesight or hearing, or with none at all. today to pay tribute to the remarkable at the time and place the individual with While you may enjoy full muscle strength accomplishments of a former Member handicaps needs them. In my own largely and coordination in your legs, there are of this body, a friend of many Senators, rural State of Kansas, many handicapped those who must rely on braces or crutches, persons travel 300 miles or more to receive who delivered his first speech in this or perhaps a walker or wheel chair. the basic health services they require. Chamber 34 years ago next week. While you perform daily millions of tasks It was April 14, 1969, when the gen- Education presents difficulties for many with your hands and arms, there are many parents of handicapped children. Although a tleman from Kansas, Senator Bob Dole, who live with limited or total disability in child may be educable, there may be few, if stood not far from here to address his theirs. any, opportunities in the community for him Senate colleagues for the first time. He And in contrast to most people, thousands to receive an education. Private tutoring, if spoke eloquently about a group of of adults and children suffer mental or emo- available, is often too expensive. Sadly to Americans who were very close to his tional disorders which hinder their abilities date, the Council for Exceptional Children to learn and apply what is learned and to estimates less than one-third of the Nation’s heart . . . Americans who, prior to his cope adequately with their families, jobs, involvement, had largely been ignored. children requiring special education are re- and communities. ceiving it. It was a group of Americans he had Then there are those who are affected with In rehabilitation, the Department of joined exactly 24 years earlier, when on combination or multiple handicaps. Health, Education, and Welfare said recently April 14, 1945, he was wounded in the NOT JUST THE HANDICAP 25 percent of America’s disabled have not re- hills of Italy as he led his men in bat- For our Nation’s 42 million handicapped ceived rehabilitation services and do not tle. As a result of his wounds, Bob persons and their families, yesterday, today, know where to seek such help. They esti- spent 39 months in various hospitals, and tomorrow are not filled with ‘‘everyday’’ mate that at least 5 million disabled persons and doctors operated on him eight kinds of problems which can be solved or may be eligible for assistance. times. Eventually, he was left without soothed by ‘‘everyday’’ kinds of answers. Other problems the handicapped person faces each day include availability and ac- the use of his right arm. Their daily challenge is: accepting and working with a disability so that the handicapped cess of recreation and transportation facili- So it was that Senator Bob Dole who person can become as active and useful, as ties, architectural barriers in residences and rose on April 14, 1969, not just to speak independent, secure, and dignified as his other buildings, and many, many more. as a U.S. Senator, but as one of the ability will allow. STILL A PROMISING OUTLOOK millions of Americans who have a dis- Too many handicapped persons lead lives We in America are still far from the half- ability. of loneliness and despair; too many feel and way point of assuring that every handi- Mr. President, at this time, I ask too many are cut off from our work-oriented capped person can become as active and use- unanimous consent to have printed in society; too many cannot fill empty hours in ful as his capacities will allow. The outlook a satisfying, constructive manner. The lei- the RECORD a copy of the April 14th for the handicapped person in 1969, however, sure most of us crave can and has become a is not altogether bleak. Unparalleled speech. curse to many of our Nation’s handicapped. There being no objection, the mate- achievements in medicine, science, edu- Often when a handicapped person is able to cation, technology as well as in public atti- rial was ordered to be printed in the work full or part time, there are few jobs or tudes have cemented a framework in which RECORD, as follows: inadequate training programs in his locale. the handicapped person today has more op- HANDICAPPED AMERICANS Although progress is being made, many em- portunities available to him than ever be- ployers are hesitant to hire a handicapped Mr. DOLE. Mr. President, my remarks fore. Consider first what government is person, ignoring statistics that show he is today concern an exceptional group which I doing. often a better and more dependent worker. joined on another April 14, twenty-four years THE GOVERNMENT STORY The result is that abilities of a person are ago, during World War II. The story of what the Federal Govern- overlooked because of disabilities which may It is a minority group whose existence af- ment, hand in hand with State governments, bear little or no true relation to the job at fects every person in our society and the is doing to help meet the needs of the handi- hand. The result to the taxpayer may be to very fiber of our Nation. capped is not one that draws the biggest and support one more person at a cost of as much It is a group which no one joins by personal boldest headlines. Broadly, the story is a as $3,500 per person a year. To the handi- choice—a group whose requirements for ‘‘good’’ one, consisting of achievements in fi- capped person himself, it means more de- membership are not based on age, sex, nancial assistance, rehabilitation, research, pendency. wealth, education, skin color, religious be- education, and training of the handicapped— liefs, political party, power, or prestige. STATISTICS a massive effort to help many disabled As a minority, it has always known exclu- Consider these statistics: Only one-third of Americans live as normal, as full and rich sion—maybe not exclusion from the front of America’s blind and less than half of the lives as possible. the bus, but perhaps from even climbing paraplegics of working age are employed, It is, in part, the story of a man who, at aboard it; maybe not exclusion from pur- while only a handful of about 200,000 persons age 21, became a paraplegic after sustaining

VerDate Jan 31 2003 02:37 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.014 S09PT1 S5002 CONGRESSIONAL RECORD — SENATE April 9, 2003 injuries to his spinal cord and head in an ac- responsibilities and opportunities loom large mission could provide an overview of how to cident while on the job. before us. provide the handicapped more help and hope. In 1968, he joined over 2,300,000 other dis- We must insure our efforts and money are Such a task force or commission could pro- abled men and women who have been re- not misplaced or misdirected—that they do vide valuable assistance to Congress and the stored to more productive, useful lives since not just promise, but really do the job. administration as we develop programs and the State-Federal vocational rehabilitation Are we all doing our best to see that all the allocate comparatively limited funds for the program began 48 years ago. knowledge, information, money, and other handicapped. In 1964, the young man—a high school help is consolidated and available to the It could also help private organizations dropout with a wife and child—was referred handicapped person in the form he can use and voluntary groups conduct their efforts to his State’s division of vocational rehabili- and at the time and place he most needs it? more efficiently and effectively. tation where a thorough program of total re- Is there sufficient coordination and plan- The goal of a task force or commission, to habilitation began. In addition, he was en- ning between and among the private groups achieve maximum independence, security, rolled in a training school and was graduated and the Government agencies to avoid multi- and dignity for the individual with handi- as a fully licensed insurance agent. plicity and duplication so that we best serve caps, should encompass the total needs of Today—4 years later—he has his own suc- America’s handicapped? the handicapped, not just employment or cessful insurance business. He and his wife Are we sometimes engaged in a numbers education or any other. have built a new home and adopted a baby. race—attending to cases that respond more Rather the task force or commission It is a measure of America’s concern for its quickly in order to show results to donors, should concern itself with the whole broad handicapped citizens that even 50 years ago, members, and taxpayers, thus sacrificing spectrum of needs and services, because as I this story could not have been told. some attention which should be focused on have pointed out the problems of the handi- It takes place now because the Congress the really tough problems? capped do not begin and end with the handi- and the Federal Government initiated and Many handicapped persons of our Nation cap itself. guided a vital, vigorous program of voca- are no longer helpless or hopeless because of Although there are hundreds of areas a tional rehabilitation. private and public efforts which have helped task force or commission could review, I am Mr. President, vocational rehabilitation is them to better help and be themselves. hopeful, if created, it would include the fol- one of many ways of the Federal Govern- But the fact remains that some of our Na- lowing subjects: ment works to aid the handicapped. But tion’s handicapped and their families are at- First. Expansion of employment, transpor- none of the Federal programs necessarily tacking the very programs and projects cre- tation, and recreation opportunities for the reaches or helps every handicapped person. ated to help them. handicapped. Nevertheless, the role of the Government Some are disillusioned and disaffected by Second. A directory or central clearing- has been basically successful in terms of the programs. house to help inform the handicapped person numbers assisted, basic research performed, Too often, the information, the services, and his family of available public and pri- and the movement of increasingly large the human help and encouragement are not vate assistance. numbers of persons into more productive, reaching the person for whom they were in- There are many helpful handbooks and in- satisfying channels. It demonstrates what tended and at the time and place he needs formation sources available. But most are Congress and Federal and State governments them. not comprehensive and are more accessible are doing to help America’s handicapped bet- Some sincerely believe there may be better to professionals in the field than to the ter participate and achieve. ways we can demonstrate our concern and handicapped who really need the guidance Mr. President, at this point, I ask unani- thereby better achieve for the person with and information. mous consent to have printed in the Record, handicaps the independence, security, and Third. Removal of architectural barriers. at the close of my remarks, a brief summary dignity to which he is entitled. Many persons cannot secure employment of Federal programs for the handicapped. I am reminded of a statement given re- or fill their leisure hours because their dis- The PRESIDENT OFFICER. Without ob- cently by the 1968 president of the National abilities bar use of the facilities. It is just as jection, it is so ordered. Rehabilitation Association: ‘‘It is the person, easy to build and equip buildings so that the (See exhibit 1.) not the program that is of overwhelming im- handicapped and unhandicapped can use THE PRIVATE SECTOR portance. It is not the disability that claims them. The Federal Government is doing this Mr. DOLE. Mr. President, it is in the our attention, it is the person with handi- now for federally financed structures. American tradition and spirit that parallel caps. It is not the maintenance of prestige of Fourth. More development of health care to Government effort there has developed a particular profession that matters. It is on a regional or community basis. the vital and growing effort for the handi- the contribution of the profession to solving This is a tough, but priority matter and capped by individuals, business and industry, the complex problems of the individual who one which cannot be accomplished quickly churches and private, voluntary organiza- has handicaps.’’ or inexpensively. But we must begin to move tions. It is a herculean task to properly as- When more of this emphasis on the indi- toward more adequate health care facilities sess the many, far-reaching effects of the pri- vidual better influence the agencies and pro- and personnel which serve each person at the vate sector—in health care, education, em- fessions dealing with the handicapped, I be- time and place he needs them. ployment; in research, rehabilitation, by lieve we can begin to open new, more mean- Fifth. Better serving the special edu- fundraising drives and through professional ingful vistas for more persons with handi- cational needs of the handicapped. organizations and groups for the handicaps. Both the person and the Nation suffer capped themselves. But it is here in the pri- We have been involved in efforts which when any educatable child—handicapped or vate sector—with its emphasis on the cre- have been creditable to date. Of this, there is unhandicapped—does not receive an edu- ativity, concern, and energies of our people— no doubt. cation. that America has become the envy of the But are we doing our best? Sixth. Income tax deductions and/or other world. Our private economy and the re- A highly respected official of the U.S. De- financial assistance to extend relief to more sources of our people have combined to im- partment of Health, Education, and Welfare handicapped persons and their families. prove the quality of life in America in ways summed up the problem this way: ‘‘I do not Seventh. More attention on the family of and for persons the Government could not feel we are spending our dollars—public or the handicapped person. begin to match or reach. voluntarily—as effectively as we could. We These are the people who often need a de- For the handicapped, their achievements need to take a whole new look at what is gree of encouragement, counseling, and ‘‘re- have been no less. I shall not today, detail or going on, where the service is given. We need habilitation’’ themselves. Are there services single out the achievements of the voluntary to try to design new methods and clearer we should provide to family members whose groups and private enterprise involved in purposes for our efforts. We need to relate own lives and resources are deeply affected aiding the handicapped. But let the record our efforts more closely to the needs of a by the presence of a handicapped person? show that without the sincerity, scope, and community, to the needs of its individuals. Eighth. Increased dialog and coordination success of their efforts—in public informa- And we need to try to measure, as concretely between private and voluntary groups and tion, employment and training, in upgrading and specifically as possible what is actually Government agencies to avoid multiplicity health care and education personnel and fa- achieved by our expenditures.’’ and duplication. cilities, in fundraising and in supporting re- Our handicapped citizens are one of our What is at stake is not the agency, group, search to conquer or at least minimize the Nation’s greatest unmet responsibilities and or program. What is at stake is the future of effects of handicapping conditions—the pros- untapped resources. We must do better. the handicapped person with his own abili- pects for the handicapped individuals would PRESIDENTIAL TASK FORCE ties and potentialities. not be as hopeful as they are today. With this in mind, I suggest the creation of CONCLUSION WHERE DO WE GO FROM HERE? a Presidential task force or commission to This, then, Mr. President, is the sum and Mr. President, as new public and private review what the public and private sectors substance of my first speech in the Senate. programs are developed, as old ones are are doing and to recommend how we can do I know of no more important subject mat- strengthened and some, perhaps eliminated, better. ter, not solely because of my personal inter- as we in Congress allocate comparatively Composed of representatives of the public est, but because in our great country some 42 limited funds to help the handicapped, the and private sectors, this task force or com- million Americans suffer from a physical,

VerDate Jan 31 2003 01:34 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.006 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5003 mental, or emotional handicap. Progress has about gaining greater access to a more juries sustained in a horse riding acci- been and will continue to be made by Federal physically independent lifestyle. dent. She wrote to Bob to express her and State governments, by private agencies, Bob stopped to talk and to listen, and thanks for his work on behalf of per- and individual Americans; but nonetheless as his nervous aides looked at their sons with disabilities and to encourage there is still much to be done, if the handicapped American: young, old, black, white, watches and suggested he was running him in his 1996 campaign for the presi- rich, or poor is to share in the joys experi- behind schedule, he stayed and talked dency. Bob responded, and he and Whit- enced by others. The task ahead is monu- and listened some more. ney were soon trading letters back and mental, but I am confident that there are On his way back to Washington, Bob forth. Whitney and her mother eventu- forces in America ready and willing to meet kept thinking about Tim and Carla. ally made their first visit to Wash- the challenge—including, of course, many of And when he arrived at our apartment ington, where Bob arranged tours of all my distinguished colleagues who by their he immediately told me how moved he the landmarks and lunch in the Cap- acts and deeds have demonstrated their was by the meeting. ‘‘I’ve been mean- itol. Whitney became one of Bob’s most great interest. ing for years to start a foundation for loyal campaign volunteers, and sent Mrs. DOLE. I urge my colleagues to the disabled,’’ he said, ‘‘and I haven’t words of encouragement to him when read it, because it is as compelling done it. This is the time’’ they were needed most. today at it was 34 years ago. It offers a In the years that followed, the Dole Two days after the presidential elec- comprehensive analysis of the chal- Foundation would raise over $7 million tion in November of 1996, Bob said to lenges facing those with disabilities, to address issues like job training and Kerry Tymchuk, ‘‘I bet Whitney is feel- and the steps needed to fulfill their placement for disabled workers. One of ing pretty low. Let’s give her a call.’’ dreams of full participation in society. the foundation’s grants helped New And Bob called her up to make sure she Thanks to the leadership and persever- York City’s National Theater Work- wasn’t taking the loss too hard. Here ance of Bob Dole—and thanks to the shop for the handicapped teach its was a man who just 48 hours earlier OMENICI, work of others like Senator D members advanced communication had lost a Presidential election. And Senator HARKIN and Senator KEN- skills. In Kentucky, a grant paved the rather than thinking of himself, he was NEDY—the dreams of millions of dis- way for a fast-food restaurant that em- thinking about a young disabled girl in abled Americans have become reality. ploys the mentally retarded. Disabled Medford, OR. That is Bob Dole. Indeed, over the course of the past students in Seattle were taught camp- I know my colleagues will agree with three decades, Bob Dole’s fingerprints ground management skills, thanks to Bob in his belief that, despite all that can be found all over every piece of leg- another Dole Foundation grant. A has been accomplished, there is still islation that increased opportunities grant to Goodwill Industries of East much to be done. While we have elimi- for the disabled, including, of course, Central North Carolina assisted the nated many of the barriers the eye can the landmark Americans with Disabil- setting up of a Bank for people with see, there are still those we can’t see ities Act. disabilities—and in Raleigh, NC. A Bob has described July 26, 1990—the and that no law can remove—barriers grant to Partnerships in Assisted Tech- created by attitudes and day President Bush signed the ADA nology provided Internet training and into law—as one of the most rewarding misperceptions. Too often we overlook support for people with disabilities. the talents of people with disabilities, days of his life. He once said, ‘‘I sup- The focus of that foundation is now pose there were some that day, who whether they are physical or develop- being carried on at the Robert J. Dole mental. saw only a White House lawn covered Human Development Center at the The remarkable Helen Keller once with wheelchairs and guide dogs. But University of Kansas in Lawrence. And said, ‘‘One must not consent to creep that just goes to show who in our soci- the Dole Center for Disabilities and the when one feels an impulse to soar.’’ To ety is truly limited. My own perspec- Law at Washburn University in To- make further progress, we must insist tive was very different. As I looked peka, KS, is leading the way in the that ignorance not be tolerated, and we around, I saw Americans with amazing study and analysis of the legal rights must work to ensure that all Ameri- gifts, who could finally contribute to a of individuals with disabilities. cans have a chance to soar as far, and nation much in need of their skills and I want to take a moment to give spe- fly as high, as their skills and talents insights.’’ cial recognition to two groups in North will take them. Bob’s concern for individuals with Carolina who deserve accolades for disabilities was not limited to those working every day to help those facing This mission is made all the more within America’s borders. His leader- special challenges. important by the ongoing courage and ship prodded the State Department to The North Carolina Office on Dis- sacrifice of the men and women who include the status of people with disability and Health has the noble goal of wear the uniform of our country. As I abilities in its annual report on human increasing awareness and under- traveled last week with President Bush rights. standing of the health related needs of to Camp Lejeune, in North Carolina, I And since leaving the Senate, he has individuals with disabilities. And the was reminded of a time when Bob and continued his advocacy on behalf of North Carolina Governor’s Advocacy I were dating, and he was visiting with disabled Americans. Bob strongly sup- Council for Persons with Disabilities is my parents in Salisbury. Bob appeared ported the Ticket to Work and Work a group that lives its motto: ‘‘Every one morning in the kitchen as Mother Incentives Act of 1999, which expanded person is entitled to equal protection was preparing breakfast, with a towel health coverage for persons with dis- under the law.’’ Both are changing draped over his right shoulder. ‘‘Mrs. abilities and created a new employ- lives in North Carolina, and I look for- Hanford,’’ he told my mother, ‘‘I think ment program through the Social Se- ward to working with these agencies on you ought to see my problem.’’ curity Administration. issues that impact North Carolians ‘‘That’s not a problem, Bob,’’ she told And I can attest to the fact that with disabilities. him. ‘‘That’s a badge of honor.’’ Bob’s devoted leadership to assisting Bob Dole is a man of great modesty, As courageous American soldiers re- disabled Americans in his public life is and he is only learning of this speech turn home, some will be doing so with matched by leadership in his private as I speak. Bob doesn’t talk about the their own ‘‘badge of honor.’’ It is our life. number of young people who write to duty to ensure that those who return In 1983, Bob attended a meeting of him for inspiration, telling him he is with a disability have every oppor- the Kansas Bankers Association in their hero. He always writes back or tunity to live a full and productive life. Dodge City. Waiting for him outside calls with words of encouragement, and It is very fitting that the state motto the room where two severely disabled often a pen-pal relationship develops. of Kansas is ‘‘Ad astra per aspera’’—To young people with their parents. The One of Bob’s former staffers, the very the stars through difficulties. Quite young man was named Tim, and he was talented Kerry Tymchuk, now with simply, I can think of no American in a special wheelchair, unable to move Senator GORDON SMITH, has shared who has done more in his life and ca- anything except his eyes. The young with me the story of Whitney Duggan. reer than Bob Dole to ensure that indi- woman, Carla, was only slightly more Whitney, a young girl from Oregon, viduals with disabilities have the op- mobile. Both wanted to talk to Bob was confined to a wheelchair due to in- portunity to reach their full potential.

VerDate Jan 31 2003 01:34 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.010 S09PT1 S5004 CONGRESSIONAL RECORD — SENATE April 9, 2003 In doing so, he has earned more than Once in control of a diamond field, 1998 report entitled: ‘‘Sierra Leone—A just the pride and admiration of a lov- the rebels confiscate the diamonds and Year of Atrocities against Civilians.’’ ing wife. He has earned the respect of a then launder them onto the very legiti- According to one child’s recollection: grateful nation and the enduring mate market through other nearby na- Civilians were rounded up, in groups or in thanks of millions of individuals he tions, such as Liberia. We refer to lines, and then taken individually to a will never meet, but whose lives are these as ‘‘conflict’’ or ‘‘blood’’ dia- pounding block in the village where their better and richer and more productive monds. These gems are a very lucrative hands, arms, or legs were cut with a ma- because of him. business for the rebel groups. In fact, chete. In some villages, after the civilians I yield the floor. were rounded up, they were stripped naked. over the past decade, the rebels have Men were then ordered to rape members of I suggest the absence of a quorum. smuggled out of Africa, we estimate, The PRESIDING OFFICER. The their own family. If they refused, their arms approximately $10 billion in these dia- were cut off and the women were raped by clerk will call the roll. monds. rebel forces, often in front of their husbands The senior assistant bill clerk pro- It is nearly impossible, of course, to . . . victims of these atrocities also reported ceeded to call the roll. distinguish the illegally gathered dia- women and children being rounded up and Mr. DEWINE. Madam President, I ask monds from legitimate or ‘‘clean’’ locked into houses which were then set [on unanimous consent that the order for stones. And so, Members of the Senate, fire]. the quorum call be rescinded. A young man from Lunsar, describ- The PRESIDING OFFICER (Mrs. regrettably and unwittingly, the United States—as the world’s biggest ing a rebel attack, said this: DOLE). Without objection, it is so or- Ten people were captured by the rebels and dered. buyer of diamonds—has contributed to the violence. Our Nation accounted for they asked us to form a [line]. My brother f more than half of the $57.5 billion in was removed from the [line], and they killed HONORING OUR ARMED FORCES him with a rifle, and they cut his head with the global retail diamond trade last a knife. After this, they killed his pregnant Mr. DEWINE. Madam President, I year, and some estimates suggest that wife. There was an argument among the rise this morning to discuss a bill I be- illegal diamonds from Africa account rebels about the sex of the baby she was car- lieve the Senate will be taking up later for as much as 15 percent of the overall rying, so they decided to open her stomach today or possibly tomorrow. But before diamond trade. to see the baby. I do, I cannot come to the floor this Since the start of the rebel’s quest According to Komba, a teenager: morning without commenting about for control of Sierra Leone’s diamond My legs were cut with blades and cocaine the magnificent work and service that supply, half of the nation’s population was rubbed in the wounds. Afterwards, I felt our service men and women are doing of 4.5 million have left their homes, like a big person. I saw the other people like in Iraq, and also the service men and and at least a half million have fled the chickens and rats. I wanted to kill them. women who are supporting our folks in country. But it is the children, as it Rape, sexual slavery, and other forms Iraq. What an absolutely tremendous usually is—it is the children—of Sierra of sexual abuse of girls and women job they are doing, and how proud all Leone who are bearing the biggest have been systematic, organized, and Americans are of the work they are brunt of the rebel insurgency. For over widespread. Many of those abducted doing. 8 years, the RUF has conscripted chil- have been forced to become the We are having an opportunity in this dren—children often as young as 7 or 8 ‘‘wives’’ of combatants. war, unlike any previous war in Amer- years old—to be soldiers in this make- According to Isatu, an abducted teen- ican history, to see, sometimes first- shift army. They have ripped at least age girl: hand, the tremendous work they are 12,000 children from their own families. I did not want to go; I was forced to go. doing. As a result of deliberate and system- They killed a lot of women who refused to go As I talk to people in Ohio, talk to atic brutalization, child soldiers have with them. my colleagues, and talk to family become some of the most vicious—and She was forced to become the sexual members and friends, everyone is so effective—fighters within the rebel fac- partner of the combatant who captured proud of what they are doing. tions. The rebel army—child-soldiers her and is now the mother of their 3- Our hearts go out to the families of included—has terrorized Sierra Leone’s month-old baby: those who have lost their lives. We population—killing, abducting, raping, When they capture young girls, you belong pray for them. We pray for those who and hacking off the limbs of victims to the soldier who captured you. I was ‘‘mar- have been injured. We pray for those with their machetes. This chopping off ried’’ to him. who are recovering. And we think of limbs is the RUF’s trademark strat- Look at how some of these children about them. We think about them egy. In Freetown, the surgeons are have depicted themselves, the violence every day. frantic. Scores of men, women, and and bloodshed in their own drawings. f children—their hands partly chopped That is how they depict it. Children off—have flooded the main hospital. strike at the heart of what they see THE CLEAN DIAMOND ACT OF 2003 Amputating as quickly as they can, and, more importantly, what they feel. Mr. DEWINE. Madam President, later doctors toss severed hands into a com- We are losing these children, an en- today the Senate will take up a bill munal bucket. tire generation of children, if the situa- that the House has acted upon; that is, The RUF frequently and forcibly in- tion is not improved. These kids have the Clean Diamond Act of 2003. There jects the children with cocaine in prep- no future. But as long as the rebel dia- are many tragedies in this world, a lot aration for battle. This is a picture of mond trade remains unchallenged, of suffering. This bill deals with one of a little girl who, obviously, has had her nothing really will change at all. That these problems. There are many atroc- arm amputated. is why. I have been working with Sen- ities that are occurring. In many cases, the rebels force the ator DURBIN, Senator FEINGOLD, Sen- One area of the world where such child-soldiers at gunpoint to kill their ator GREGG, and so many others in the atrocities are occurring on a daily own family members or neighbors and Senate and the other body for over 2 basis is in Sierra Leone, Africa. For at friends. Not only are these children years to pass legislation that would least a decade, Sierra Leone, one of the traumatized by what they are forced to help stem this illegal trade in conflict world’s poorest nations, has been em- do, they also are afraid to be reunited diamonds. I thank Senator GRASSLEY broiled in a civil war. Rebel groups— with their own families because of the for his good work. Together we have most notably, the Revolutionary possibility of retribution. worked extensively with our House col- United Front—RUF—have been fight- Madam President and members of the leagues, including my good friend and ing for years to overthrow the recog- Senate, I cannot understate nor can I former colleague from Ohio, former nized government. In the process, vio- fully describe the horrific abuses these Congressman Tony Hall. We have also lence has erupted as the rebels have children are suffering. The most vivid worked with a champion in this area, fought to seize control of the country’s accounts come from the child-soldiers my good friend, FRANK WOLF from Vir- profitable diamond fields which, in themselves. I would like to read a few ginia. turn, helps finance their terrorist re- of their stories—their own stories— We have worked to develop much gime. taken from Amnesty International’s needed legislation to help remove the

VerDate Jan 31 2003 02:37 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.016 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5005 rebel’s market incentive because that Additionally, the bill calls on the It is important that the Congress is what you have to do is to get rid of President to report annually to the pass legislation before the next Kim- the incentive. While we have not yet U.S. Congress on the control system’s berley Process Plenary Meeting on been successful in getting this legisla- effectiveness and also requires the Gen- April 28, 2003, to ensure that the United tion signed into law—not yet—I credit eral Accounting Office to report on the States continues to play a leadership my colleagues’ continued commitment law’s effectiveness within 2 years of en- role on this issue. to this often forgotten issue. I know actment. However, the timing of the bill our countless congressional hearings Finally, our bill emphasizes the Kim- should not be the only factor. The leg- and meetings, letters, and legislative berley Process Certification Scheme is islation needs to reflect not just the initiatives have encouraged the admin- an ongoing process and that our Gov- wishes of the administration but also istration and the international commu- ernment should continue to work with the views of a bipartisan group of Sen- nity to keep this issue alive. I thank the international community to ators, including Senators DURBIN, those in the administration who have strengthen the effectiveness of this DEWINE, FEINGOLD, GREGG, and BINGA- kept the issue going and worked so global regulatory framework. As the MAN, who have been working on this very hard. We have kept the pressure world’s biggest diamond customer, big- issue for years. The bill must also in- on. We are beginning to see very posi- gest consumer, purchasing well over corporate input from a wide range of tive results. half of all the diamonds purchased in NGOs, from Oxfam to Catholic Relief Just this past January, an inter- the world, our Nation has a moral re- Services, that have dealt first-hand national agreement called the Kim- sponsibility to show continued leader- with the devastating consequences of berley Process Certification Scheme ship on this issue. Quite candidly, conflict diamonds. was launched. Specifically, this is a there are a lot of terrible, tragic things S. 760, the Clean Diamonds Trade voluntary international diamond cer- going on we don’t have the power to Act, does just that. I rise today to sup- tification system among over 50 par- change or fix or have much impact on port this legislation. And assuming ticipating countries, including all of at all, but today in the Senate we can that a word in the section concerning the major diamond producing and trad- have impact on this issue. We can the Kimberley Process Implementation ing countries. This is a positive step. I make a difference. We have the power Coordinating Committee is changed, I commend the tireless work of human to help put an end to this indescribable also support the House companion, rights advocates and the diamond in- suffering and violence caused by dia- H.R. 1584, which is virtually identical dustry for making this certification mond-related conflicts. We have that to S. 760. system a reality. power, and we must use it. I commend Senators GRASSLEY and Because of their success, today we I urge my colleagues to join me in BAUCUS for producing a solid, bipar- are faced with the urgent need of pro- support of this much needed legisla- tisan bill to implement the Kimberley viding legislative measures to enable tion. We have a moral obligation to Process Certification Scheme (KPCS), effective U.S. implementation of the help stop the violence, help stop the an international system designed to certification scheme. We need to pro- brutality, and help stop the needless ensure that rough diamonds entering vide the administration with the au- killing and the maiming going on, to the United States are legally mined thorization necessary to ensure U.S. help stop the victimization of these and traded. compliance with this global regulatory children. When we began drafting this bill sev- framework. This is why last week I No other child should kill or be killed eral months ago, the administration’s joined with my distinguished col- in diamond-related conflicts. I believe proposed legislation was little more leagues and my friends—Senator it is absolutely imperative that we pass than hortatory. It was filled with per- GRASSLEY, Senator DURBIN, Senator the bill we have introduced and pass it missive authorities that would have re- FEINGOLD, Senator BAUCUS, Senator quickly to help end these atrocities quired the administration to do vir- BINGAMAN, Senator GREGG, and several once and for all. It certainly is the hu- tually nothing. It essentially said: additional cosponsors—to introduce mane thing to do. It is the right thing ‘‘Thanks, but we’ll take care of the the Clean Diamond Act, legislation to do. It is the only thing to do. problem by ourselves.’’ that commits the United States to Mr. LEAHY. Mr. President, when I Through a consultative, bipartisan mandatory implementation of the pick up the newspaper, turn on the process, Senators GRASSLEY and BAU- Kimberley Process Certification. This radio, or watch television, almost all of CUS worked with interested Senators, legislation is similar to a measure the media’s attention is, understand- the NGO community, and the diamond passed just last night in the House of ably, focused on the war in Iraq. As a industry to shape the administration’s Representatives, H.R. 1584. I am opti- result, some important issues in other proposal into meaningful legislation mistic we can pass this legislation in parts of the world are being overlooked that contains a number of important the Senate very shortly, possibly even or unreported. I want to call attention provisions. as early as today. to some good news that has received For example, the bill contains a pro- The whole idea behind this is to com- very little attention: Congress has hibition of the importation of rough mit the United States to a system of made some much needed progress on diamonds; requires Government over- controls on the export and import of the very important issue of conflict sight of the U.S. Kimberley Process diamonds so that buyers can be certain diamonds. Authority—the industry body respon- their purchases are not fueling the The role of diamonds in fueling bru- sible for issuing certificates for U.S. rebel campaign. tal conflicts in Africa and funding ter- rough diamond exports; and includes I know there is not one person in this rorism is well documented, so I will not reporting requirements that can be country who goes in and buys a dia- take much time recounting this his- used to gauge the effectiveness of the mond with the intention to fuel a rebel tory. Suffice it to say, that it is a crit- system and monitor attempts to cir- campaign. No one wants to do that. ical problem and deserves serious at- cumvent it. In the administration’s This is a way we can ensure buyers tention and resources from Congress, original proposal, these provisions ei- they are not doing that. the Bush Administration, and the ther did not exist or were seriously wa- Specifically, our legislation would international community. tered-down. prohibit the import of any rough dia- It is also well known that the dia- While S. 760 is a good bill and is one mond that has not been controlled mond industry, key nongovernmental that I am pleased to cosponsor, there is through the Kimberley Process Certifi- organizations (NGOs), and a number of room for improvement. cation Scheme. Put simply, this means governments came together to create There is nothing in this legislation every diamond brought into the United an international regime aimed at stop- that deals with polished stones. As a States would require a certificate of ping the trade in conflict diamonds, result, if an exporter were to make just origin and authenticity to indicate the called the Kimberley Process. In Janu- one ‘‘cut’’ to a diamond it would be ex- rebel or terrorist group has not ary 2002, the process was launched and empt from KPCS and the implementing laundered it on to the legitimate mar- now the individual countries involved legislation. I also think improvements ket. need to pass implementing legislation. can be made to the criminal penalties

VerDate Jan 31 2003 02:37 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.012 S09PT1 S5006 CONGRESSIONAL RECORD — SENATE April 9, 2003 language, the provision on statistics cessful program in Sierra Leone to im- Like other invasive species, the Em- collection, and a handful of other sec- prove controls associated with the min- erald Ash Borer is destroying native tions. ing and export of diamonds. In addi- species. While scientists believe that But we all know that no bill is per- tion, the United States provides tech- the insect came into the country as lit- fect and no Senator gets everything he nical assistance to nations to imple- tle as five years ago, it has already left or she wants in a broad, bipartisan bill. ment the World Trade Organization millions of trees in the Detroit area I mention these shortcomings, not to agreement. I am confident that these dead or dying. Since there is no eco- criticize the efforts of the authors of two programs can provide a model for nomically feasible manner to treat the bill, but rather for two important the use of these funds. trees, there is concern that all of the reasons. Americans buy 65 to 70 percent of the Ash trees in the Detroit area will be First, the shortcomings in the S. 760, world’s diamonds, including rough dia- dead within 5 years. as well as the KPCS itself, highlight monds, polished stones and jewelry In order to stop the spread of the Ash the fact that Kimberley is an ongoing containing diamonds. It is up to the Borer, last summer the Michigan De- process and that additional regula- United States to provide leadership on partment of Agriculture imposed a tions, legislation, and other measures this very important issue. Without us, quarantine to stop Ash trees, logs and will be necessary in the future. I am the world will not make the kind of firewood as well as Ash tree nursery very pleased that Senators GRASSLEY progress it needs to on this and other stock from being removed from Wayne, and BAUCUS have included a sense of human rights related matters. Oakland, Macomb, Washtenaw or Liv- Congress in S. 760 that says just that. This should not be hard for us to do. ingston countries in Southeastern Second, because the legislation gives It is in our security interests. It is in Michigan. Later in the fall, Monroe the administration a good deal of flexi- our humanitarian interests. It is in our country was added. The Michigan De- bility, it is imperative that the State economic interests. partment of Agriculture is currently Department, Treasury Department, With the passage of the Clean Dia- working with the U.S. Department of and other agencies follow through and monds Trade Act, Congress will take Agriculture on the creation of a pro- implement the KPCS in an effective an important step forward. There is gram to potentially eradicate the Em- and timely manner. I can assure you much more work that needs to be done, erald Ash Borer, yet funds from USDA, that those of us who are co-sponsors of but I am confident that it can be done. for a comprehensive effort, have yet to this legislation will be working to en- In closing, I would like to thank be provided. sure this happens. some of those involved with this effort, The presence of this beetle has been As I have said with countless other including Everett Eissenstat and allegedly reported in other parts of pieces of legislation, you can have the Carrie Clark of Senator GRASSLEY’s Michigan, and the beetle has recently best bill in the world, but it is not staff, Shara Aranoff of Senator BAU- been positively identified in Toledo, worth a whole lot if Congress and the CUS’ staff, Randy Soderquist of Senator Ohio and Windsor, Ontario. Ohio, Indi- administration do not put the re- BINGAMAN’s staff, Laura Parker of Sen- ana and the Province of Ontario, Can- sources behind it. ator DEWINE’s staff, and last but cer- I applaud the authors of the bill for ada, are very concerned about the tainly not least Cara Thanassi of including a Section in the bill that au- spread of this pest, and the web-sites of thorizes the President to provide tech- Oxfam America. Without the help of their respective Departments of Agri- nical assistance to developing nations these individuals, this bill would not culture have contained warnings about seeking to implement the KPCS. But, have made it to first base. I thank the beetle. Now, with the presence of it is up to the Appropriations Com- them for their hard work. the beetle in Toledo and Windsor, those mittee to make sure this initiative is f fears have increased. One proposal for stopping the spread funded. EMERALD ASH BORER As ranking member of the Foreign of the Emerald Ash Borer would be to Mr. LEVIN. Madam President, over Operations Subcommittee, I included a create a ‘‘fire break’’ by removing trees the past 450 years, more than 6,500 non- provision in the fiscal year 2003 bill in a ring around the affected area. that appropriated $2 million for this indigenous invasive species have been Since scientists believe that this beetle purpose. However, I have been informed introduced into the United States and can only fly three miles, such an ap- that it is unclear if the State Depart- have become established, self-sus- proach, which is already underway in ment plans on utilizing these funds for taining populations. These species— the area surrounding Windsor, Canada, their intended purpose, and that the from microorganisms to mollusks, could be successful. However, doing so Department might transfer it to other from pathogens to plants, from insects would be expensive and money is des- programs. to fish—typically encounter few, if perately needed not only for beetle This would be a big mistake. In order any, natural enemies in their new envi- eradication and tree removal but also to effectively implement Kimberley, ronments, and as a result they can for research. extremely poor nations, where dia- wreak havoc on native species. While the effects of the Ash Borer on monds are mined, will have to set up Invasive species threaten to biological Southeast Michigan have already been viable export-control and law enforce- diversity. Some experts consider devastating, the potential results of ment systems. Many of these nations invasive species and the ecological the beetle’s spreading could be cata- simply do not have enough resources to damage they cause to be a greater en- strophic. As one of the most popular do this. vironmental threat worldwide than urban trees, Ash trees are found across Because of the links between conflict chemical pollutants. Estimates of the much of the country. This invasive diamonds and terrorism, as well as annual economic damage caused na- pest has the potential to be as destruc- human rights and humanitarian con- tionwide by these species go as high as tive as the historic Dutch Elm Disease. cerns, it is important that the United $137 billion. The sad irony is that Ash trees were States provide technical assistance in In my home State of Michigan, there planted in place of many of the Elm order to have the most effective system is a disaster unfolding which could dra- trees that our State and Nation lost possible. If providing a small amount of matically increase this cost. For the years ago. Should the Ash Borer spread funding helps strengthen the KPCS, we past few years, scientists have been continue, the Forest Service estimates should do it. concerned with the unusually high that the potential impact could affect Some in the administration might number of dead and dying Ash trees in ‘‘up to 2 percent of total leaf area and ask how one would go about imple- the metro-Detroit area. Late last sum- could impose a value loss between $20– menting such a program. mer, scientists determined that the 60 billion.’’ This number is arrived at Those who ask those questions need problem is caused by a beetle which without including the cost of replant- to look no further than two programs came into the country from Asia: the ing deforested areas. that the U.S. Government has imple- Emerald Ash Borer. This beetle is in- This devastation has already crossed mented in the past. digenous to Asia and has been found in state borders and will cross more un- The United States Agency for Inter- China, Korea, Japan, Taiwan, Mongolia less dealt with. State and local govern- national Development supported a suc- and Eastern Russia. ments cannot be expected to deal with

VerDate Jan 31 2003 02:37 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.025 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5007 it. They also face budget shortfalls tent,’’ and ‘‘for combating and eradi- bill is about recognizing that Wash- that are necessitating drastic cuts in cating this invasive species.’’ ington does not have all of the answers; basic services because of declining rev- It is imperative that the USDA pro- that we in this body do not have all of enue, increasing demands and exten- vide $17 million in Fiscal Year 2003 the answers; that our Government does sive budget constraints. They are hav- emergency funds from the Commodity not have all of the answers to Amer- ing trouble funding existing obliga- Credit Corporation to combat the Em- ica’s problems. But America, her peo- tions to schools and police forces even erald Ash Borer and that the Office of ple, and her spirit, all throughout this without having to pay to address the Management and Budget approve these land do have the answers. new multi-State threat posed by the funds as expeditiously as possible. Ad- Some in Washington, on the right Emerald Ash Borer. I have received let- ditionally, USDA should provide re- and on the left, prefer to address social ters from cities in Michigan, civic or- search monies that would enable problems with legislative solutions. ganizations and from the Southeast USDA’s Animal Plant Health Inspec- But many of our Nation’s problems Michigan Council of Government, or tion Service and the Forest Service’s simply do not reduce themselves to a SEMCOG, which represents 151 local North Central Research Station to solution that can be devised in the U.S. governments in the region all asking work with Michigan State University, Congress, in the legislature itself. that the Federal Government take an Michigan Technological University and What they need are neighborhood solu- active role in stopping the spread of other world-class schools of forestry to tions, solutions that begin to address the Emerald Ash Borer. Without such fund vital research into this problem. problems that are identified in local active and timely support, coordina- The beetle’s larvae hatch in the Spring, communities, that are addressed lo- tion and funding from USDA, it is un- and while it may not be possible to kill cally, that are addressed by commu- likely that this problem can be ade- this year’s hatch of beetles, time re- nities and neighborhoods, solutions quately addressed. mains of the esssence if the Emerald that are not delivered by a form letter SEMCOG has stated that ‘‘the Emer- Ash Borer is to be eradicated. Address- from a government bureaucrat, but ald Ash Borer is decimating the Ash ing the matter now will be costly, but from the hand of somebody in that tree population in a 2000 square mile delays in addressing the matter will neighborhood—a local neighborhood, core area within the counties of only increase the costs and diminish someone who really cares, who under- Wayne, Oakland, Macomb, Livingston the likelihood of success. stands the problem locally. and Washtenaw.’’ Michigan State Sen- The Emerald Ash Borer’s spread can I am thinking of a wonderful charity ator Raymond Basham and State Rep- be halted, but action must be taken down the street from here. For 20 years resentative Glenn Anderson have writ- quickly. It is for that reason that I the volunteers of the Neighborhood ten to me about this problem. In his urge Secretary Veneman to imme- Learning Center at the corner of 9th letter to me, Representative Anderson diately provide the emergency and re- and Maryland have been tutoring at- said that ‘‘Michigan is facing another search funds that will be a vital compo- risk children. They do so without fan- round of budget cuts at the local levels nent of any effort to address the prob- fare, without a lot of publicity, with- and local communities simply will not lems created by this persistent pest. out Federal funds. They are faith-based be able to afford the added burden of I yield the floor and suggest the ab- and their service is motivated by their removing and replacing these trees.’’ sence of a quorum. love of God. They are making a dif- Adding to this burden is the fact that The PRESIDING OFFICER. The ference—yes, one child at a time. local governments are required to re- clerk will call the roll. I think of LeSharon, who herself was move these trees from rights of ways The assistant legislative clerk pro- tutored when she was a girl from a bro- and government properties because ceeded to call the roll. ken family. A few years later, dead trees create significant public Mr. FRIST. Madam President, I ask LeSharon was back at the center but health risks and liability issues for unanimous consent that the order for this time as a college graduate and one property and personal damage. the quorum call be rescinded. of their instructors. That is exciting. Governor Granholm has worked hard The PRESIDING OFFICER. Without to support cooperative efforts that are Or I think of the Room in the Inn pro- objection, it is so ordered. gram in my hometown of Nashville, underway between the State of Michi- f gan and United States Departments of TN. Over 125 congregations provide Agriculture. In meetings with her, she CONCLUSION OF MORNING nightly housing for homeless adults has said that USDA funding is essen- BUSINESS and children. This is a tangible and tial to address this problem. The PRESIDING OFFICER. Morning compassionate response to human If the spread of the Emerald Ash business is closed. need. Borer is not arrested, it will cost bil- Mr. FRIST. Madam President, I will These charities, like the Neighbor- lions of dollars to pay for the removal be speaking on leader time over the hood Learning Center, like the Room of dead Ash trees and the replanting of next few minutes. in the Inn program, are only small rays new trees. The costs associated with The PRESIDING OFFICER. The Sen- of light in our American landscape. the loss of the Ash tree are not merely ator has that right. Their service is only part of what makes us a strong and a vibrant Na- financial in nature. Habitat will be de- f stroyed, scenic vistas will be denuded tion. Almost 200 years ago Alexis de and residential streets that were once THE CARE ACT Tocqueville warned: The morals and in- tree-lined will no longer have needed Mr. FRIST. Madam President, I rise telligence of a democratic people would shade. to speak on the CARE Act. I applaud be in as much danger as its commerce It is critical that we address the Em- my colleagues, Senators SANTORUM, and industry if ever a government erald Ash Borer before it is able to LIEBERMAN, GRASSLEY, and BAUCUS, for wholly usurped the place of private as- spread across a greater area. It is es- bringing this bipartisan bill to the Sen- sociations. sential that the United States Depart- ate floor. What de Tocqueville understood was ment of Agriculture complete its ef- The CARE Act comes none too soon. that the house of a democratic nation forts to provide much-needed emer- Charities across America are indeed does not stand by just government. A gency funding to address the Emerald facing tough and challenging times. A healthy nation needs vigorous private Ash Borer. The Michigan delegation sluggish economy, which we all feel in associations, charities, and civic clubs has written twice to Agriculture Sec- our communities, is hampering in all coming together. The CARE Act retary Ann Veneman about this mat- many ways their ability to secure recognizes this vital fact. That is why ter. In these letters, the Michigan dele- funds to operate. This bill, which we it helps to foster private charity in our gation has stated that without ‘‘swift will pass shortly, will help change that. Nation. It encourages more charitable and sure action, the entire ash tree It is not a total solution but will help giving—of money, of food, of art, or se- population will be lost. To avoid this move in the direction to change that. curities. It provides incentives for low- tragedy, we asked that USDA provide I take a moment and ask the ques- income people to begin saving for a funds to ‘‘determine the problem’s ex- tion, Why are we doing this bill? This house, a business, or education. And it

VerDate Jan 31 2003 02:37 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.019 S09PT1 S5008 CONGRESSIONAL RECORD — SENATE April 9, 2003 helps small charities learn how to ac- businesses, to improve the public disclosure support from the farmers and ranchers cess Federal grants to further their of activities of exempt organizations, and to who populate our States. Both the work. enhance the ability of low-income Americans Farm Bureau and the Cattleman’s As- Some might suggest America’s prob- to gain financial security by building assets, sociation have let us know that this and for other purposes. lems are much bigger than what the gives our citizens choices to stay on CARE Act can handle, that they de- Pending: the land and yet preserve the open mand larger and grander solutions. But Grassley/Baucus Amendment No. 526, to space. I respond that America’s problems— provide a manager’s amendment. The opportunity to give an easement, problems like malnourishment, illit- The PRESIDING OFFICER. Under preserve our farm and ranch lifestyles eracy, domestic violence, broken fami- the previous order there will now be 30 and give up the right to ever develop lies, teen pregnancies—are problems minutes equally divided for general de- the land is important public policy and that are too big for Government to fix. bate. I urge my fellow Senators to vote no on Some problems are so large that all the Mr. GRASSLEY. Madam President, Senator NICKLES’ amendment. money in the world simply will not fix the amendment by Senator NICKLES is The PRESIDING OFFICER. The Sen- them. So many of these problems are in order, is that right? ator from Montana. rooted in the soul and Government The PRESIDING OFFICER. The Sen- Mr. BAUCUS. Madam President, I cannot fix problems of the soul. But ator is correct. think it is important at the outset to people can. And God can. Mr. GRASSLEY. Senator NICKLES know we are including in the CARE bill This bill empowers people, real peo- will offer his amendment in just a incentives to help provide charitable ple rooted in their communities, rooted minute. He asked if I would do my contributions for good voluntary pur- in their churches, rooted in their syna- speaking on that amendment at this poses, and I think this bill should con- gogues, rooted in their mosques, to point. I am very happy to do that. tinue to honor that thrust. The amend- help, to reach out to their neighbors. I appreciate my friend’s continued ef- ment before us does not. The amend- And that kind of help is the type of forts to reform and reduce long term ment before us essentially is a capital help that changes hearts. capital gain tax on real estate. And gains tax amendment and applies gen- It is hard to feel loved when you are Senator NICKLES is correct—by exclud- erally to all property that would be getting a handout from a government ing 25 percent of the capital gain on sold. I think this is not the place for bureaucrat. But receiving a cold cup of the sale of property we reduce the ef- that kind of amendment. water from a volunteer touches your fective capital gain rate on sales for The underlying provisions of the bill heart, it changes you, and it changes conservation purposes. provide that taxpayers who voluntarily the person giving that help, as well. However, that is not the purpose of sell land to a qualified conservation or- For years I have had the wonderful op- the provision. We intend to preserve ganization can exclude 25 percent of portunity, indeed the real privilege, of precious, environmentally sensitive the gain on that sale from capital gains being able to travel to Africa to con- land from ever being developed. I need tax. The purpose, obviously, is to help duct and participate in medical mis- not remind my fellow Senators that people, most of whom are land rich and sions. When I go to Africa, I don’t go as they are not making any more land cash poor and do not have much in- a Senator. I go there as a physician, as and if we do not preserve sensitive wet- come from their ranching or farm oper- a person of faith, as a neighbor, as a lands and open space from development ations—to help by transferring the friend, as a person who cares about it will be lost forever and all of our property to a conservation organiza- others throughout the world. Those children and grandchildren will suffer tion. trips have changed me as much, I from our lack of responsibility. There are many organizations in this promise, as they have changed any of Senator NICKLES’ amendment would country—a lot in my State of Mon- the people I have helped. literally make it easier to develop the tana—such as the Nature Conservancy, My hope, today, is that we help in- very land we are attempting to pre- lots of very good, solid organizations vigorate what Edmund Burke called serve. That is certainly not the intent which take land and save it for con- those ‘‘little platoons,’’ those private of this provision. I will be voting no servation purposes. This is very impor- associations that help us love our and I strongly urge my fellow Senators tant because our country is losing a lot country, our fellow human beings. We to also vote no on Senator NICKLES’ of land to development each day, each need to strengthen the quiet but pro- amendment. year. In fact, in the United States found work of the little platoons of I would like to take a few minutes to about 2 acres of farmland per minute, nonprofit agencies, of groups like the review the long history of this impor- or about 1 million per year, are lost to Neighborhood Learning Center, the tant provision. As you all know, the development; that is, shopping centers Church of the Brethren Soup Kitchen, President’s budget has included this and new homes or what-not that are or the Room in the Inn. And when we proposal. In all of his budgets, in fact, just taking away some of the natural strengthen them, we strengthen Amer- the President actually continues to land that we have in our country and ica. propose the exclusion of 50 percent of Will the CARE Act cure all our prob- converting it at a very rapid rate to the capital gain for the sale of property lems? No. Sadly, no, of course not. But shopping centers and developments. for conservation purposes. So by com- it will help us to help ourselves help That is part of America. We need to parison, this 25 percent proposal is others. Let’s get this good bill moving build shopping centers. We need to also modest, but still addresses the Presi- to the President’s desk. It will form a build new homes, housing tracts, and dent’s priorities. strong part of his faith-based initia- so forth. But we also need to remember In addition, the Senate Finance Com- tive. I know the House is committed to there are other values in our country, mittee has a long history of building moving quickly on a companion bill. I and those are protecting open space support. In both the 106th and 107th hope we can continue to work together and protecting farms and ranches. A Congresses, we held hearings specifi- across party lines to empower Amer- lot of our farms and ranches are under cally discussing this proposal. We had ica’s charities and to empower people great stress. I know the Presiding Offi- witnesses from the forests of Maine to throughout the country. cer knows that is true in her home I yield the floor. the wetlands of Louisiana and the State as is the case in every State. ranches of Arizona. Besides, this effort We are trying to figure out a bal- f brings about bipartisan support for the anced way to help those farmers and CARE ACT OF 2003 issue. ranchers donate a portion of their land The PRESIDING OFFICER. Under Not only have we heard huge support to a conservation organization. They the previous order, the Senate will now for this provision from all the tradi- cannot do that today because they resume consideration of S. 476, which tional conservation organizations, like have no income. Because they have no the clerk will report. the Nature Conservancy and the Land income, they can’t take the usual char- The legislative clerk read as follows: Trusts and Iowa’s own Heritage Foun- itable deduction. To help them, we are The bill (S. 476) to provide incentives for dation, but I know both I and Senator saying you don’t have to worry about charitable contributions by individuals and BAUCUS continue to receive very vocal the charitable deduction; you can still

VerDate Jan 31 2003 01:36 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.016 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5009 get a little bit of benefit because we says you will have a 25-percent reduc- ities, let’s make it available for all will exclude 25 percent of the gain. It is tion in capital gains tax if you sell charities. extremely important. property for land conservation or sell We have offsets in this amendment. I might point out, this is actually a to an organization that qualifies for It does not increase the deficit. I urge little less generous than provisions land conservation. I question the wis- my colleagues to support the amend- suggested by the President. The Presi- dom of doing that. I say, if we are ment. dent, in his budget, suggested an appre- going to have a 25-percent reduction in I reserve the remainder of my time. ciably larger exclusion for this very capital gains tax for charitable pur- The PRESIDING OFFICER. Who purpose. poses, make it for all charities. yields time? The amendment before us, though, is I happen to be a big fan of Nature Mr. NICKLES. Madam President, is not geared at all toward conservation. Conservancy. They have a big facility the amendment pending? Essentially, it provides the same benin my State, with a lot of land, a big The PRESIDING OFFICER. No. efit, a 25-percent exclusion that would buffalo farm or ranch. I helped create Mr. NICKLES. Madam President, I be available to anyone who sells prop- that. The Nature Conservancy gets apologize. I send the amendment to the erty for any purpose. It does not have support from lots of corporations all desk and thank my colleagues for their to be conservation. It would be pretty across the country and my State as cooperation. I thought the amendment expensive, I might add, too—about a well. I support that. was pending. I apologize to my col- $1.4 billion additional cost to the But what I question is, if we want to leagues. Treasury. help charities, let’s help all charities, The PRESIDING OFFICER. The I understand the concerns the Sen- so if people want to sell land to the Red clerk will report the amendment. ator has, but this is just not the time Cross, they would get a 25-percent re- The bill clerk read as follows: or place for capital gains tax reform. duction as well, or if they want to sell The Senator from Oklahoma [Mr. NICKLES] This is, rather, a CARE bill, a bill that land to a church—and the church may proposes an amendment numbered 527. is encouraging conservation, encour- want to build a parking lot or build a Mr. NICKLES: Madam President, I aging charitable giving. I urge my col- bigger church on that land—let’s give ask unanimous consent that further leagues to not accept the amendment them the 25-percent reduction. reading of the amendment be dispensed because I do not think it is properly Why should we say: Well, you are with. placed in this bill. going to get a lower tax rate only if The PRESIDING OFFICER. Without I reserve my time. you sell to the charity we choose. That objection, it is so ordered. The PRESIDING OFFICER. The Sen- is land conservation? I question the (The amendment is printed in today’s ator from Oklahoma. wisdom of that. I do not like trying to RECORD under ‘‘Text of Amendments.’’) Mr. NICKLES. I compliment both my micromanage, in the Tax Code, how The PRESIDING OFFICER (Ms. MUR- colleagues from Iowa and Montana for people are going to spend their money. KOWSKI). The Senator from Montana. bringing up this bill. So I would encourage our colleagues, Mr. BAUCUS. Madam President, I be- AMENDMENT NO. 527 let’s help all charities. I do not think lieve the Senator from Connecticut (Purpose: To exclude 25 percent of gain on you can defend saying: Well, I think it would like the floor. I yield to him sales or exchanges of land or water inter- is fine to donate land to the Nature such time as he wishes to consume. ests to any nonprofit entity for any chari- The PRESIDING OFFICER. The Sen- table purpose) Conservancy or to the Sierra Club or to Madam President, this bill has a lot the Land Trust Alliance or a lot of lit- ator from Connecticut. Mr. LIEBERMAN. Madam President, of good provisions in it. It has two pro- tle groups that are going to be created I thank my friend from Montana. visions of which I question the value. I as a result of this—you don’t donate I rise to speak in favor of the CARE decided to do one amendment. the land; you sell the land—you can do- One of the ones I question is, how nate your land to anybody in the coun- Act, the Charity Aid, Recovery, and much good does the above-line deduc- try—but if you want to sell your land, Empowerment Act. This began as an tion do? If you are an individual, you you can sell it to this group, and you attempt to give support to faith-based have to donate $500, and you get a $250 are going to get a 25-percent reduction groups to perform good works. deduction. So if you are in the 25-per- in your capital gains tax. So we would CONGRATULATING THE UCONN WOMEN HUSKIES cent tax bracket, that means you get rather give you that if you sell it to If I may use that as a segue for a to save $62. And we add a lot of com- the Nature Conservancy but not sell it seemingly unrelated comment, I want plexity to the Tax Code in the process. to the First Baptist Church in rural to express this morning the pride and So I question the value of that. Iowa. To me, that does not make sense. exultation of the people of Connecticut There are several other provisions in Or if you want to help the Red Cross— whose faith in our UConn Women the bill that are good—donations from and the Red Cross has a nice facility in Huskies was vindicated last night as IRAs to charities. The purpose of the Oklahoma, thanks to the Presiding Of- they achieved an extraordinary victory bill is to increase donations to char- ficer—and they need land, and if a over a very tough and proud Tennessee ities. I compliment the thrust of that. farmer wants to sell that land—they team. The UConn Women won another I compliment the President for trying could not afford to donate it, but they national championship for the UConn to enact it. wanted to sell it—why would we say: Women Huskies, the fourth in the pro- I am disappointed this bill does not You can only sell it for land conserva- gram’s history. do more for allowing charitable and/or tion, and we will give you a 25-percent My congratulations to Coach Geno religious groups to be eligible to par- reduction in your tax bill. But if you Auriemma, Assistant Coach Chris ticipate in Federal programs. That is want to sell it to the Red Cross, or if Dailey, and the great UConn women not in the bill. I am not faulting any- you want to sell it to a church, or if who rebuilt a lot of young talent that body. I compliment Senator SANTORUM you want to sell it to a children’s hos- came together and made us all proud. because he worked tirelessly to get this pital, no, we are sorry, you are out of They set an extraordinary example for bill forward. And I, as a legislator, am luck. Congress decided that charity young women all over America who, willing to take half a loaf. does not deserve the same tax benefits like my 15-year-old daughter, love bas- I think the Senator from Pennsyl- as land conservation. ketball, love to play it, and are in- vania has about half of his original bill. I disagree. I say, if we are going to spired by the skill and grit and team I compliment him. He has been tena- give a lower capital gains tax rate, and spirit of the UConn Women Huskies. cious. I also compliment my colleague, this would be 15 percent—frankly, I So our faith was redeemed, and you Senator LIEBERMAN, because he is a co- think we should do it for all Ameri- give us faith, Lady Huskies, as we go sponsor of the bill. I worked with him cans, but if we are going to do it for on. on other legislation, including the reli- one charity or two or three charities, Returning to the CARE Act, I must gious liberty, freedom bill that we co- let’s do it for all charities. say that I am proud and, in some sponsored some time ago. So that is the essence of my amend- senses, relieved to join my colleagues One of the provisions I am trying to ment. If we are going to have a lower in supporting this act. This act is a amend right now is a provision that capital gains tax rate on some char- compromise version of the initial faith-

VerDate Jan 31 2003 01:36 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.019 S09PT1 S5010 CONGRESSIONAL RECORD — SENATE April 9, 2003 based and community initiative. It wide range of technical assistance ef- I particularly thank Senator comes to the Senate floor after a dif- forts. But the bill goes beyond just ex- SANTORUM with whom it has been a ficult path. But the important point is panding the pool of applicants and en- pleasure to work in this long-time ef- that we are here. larges the pie of resources that is avail- fort. His dedication, his commitment, This is a different plan than the able to America’s charities and social his faith, his persistence, and his will- President originally proposed. It is dif- services providers. That will be par- ingness to accommodate and reach ferent than the plan that Senator ticularly critical at this difficult time common ground is a good part of the SANTORUM—who I have been so pleased in our Nation’s economic history when reason why we are on the verge of this to work with as lead cosponsor with charities are stretched. very significant accomplishment. I him—and I negotiated with the White I saw an article in the paper in the thank the leaders of the Finance Com- House to address concerns that were last 24 hours that said the United Way mittee, Senator GRASSLEY and Senator blocking its initial movement. expects a significant drop in its fund- BAUCUS, and I thank my leader, Sen- Perhaps most notably, it no longer raising this year because of the eco- ator DASCHLE, who worked with us as contains any provisions targeted spe- nomic problems America faces. I hope we negotiated this logjam-breaking cifically at carving out a larger lawful and believe this bill will create the in- compromise with the administration space for faith-based groups in our so- centives for more giving to the United and then pushed hard among our ranks cial service programs. But despite this Way and a host of other charities, na- to have this bill considered on the Sen- tional and local. It will do so by cre- evolution, the heart of the proposal re- ate floor. Senator DASCHLE’s staff, par- ating several well targeted tax incen- mains the same; and I guess, I would ticularly Jennifer Duck and Andrea tives over the next years that total add, the soul of the proposal remains LaRue, has been indispensable to this $10.6 billion which, working from the the same as well. mission. general rule that most tax incentives That is why the CARE Act enjoys Finally, I thank my own staff for the are worth about 30 cents on the dollar overwhelming support from America’s dedicated work they have done on this to a taxpayer, should lead to new dona- philanthropic community, with en- exceedingly challenging but important tions to charities, community-based, dorsements from more than 1,600 char- legislation. Specifically, I am grateful ities of all sizes and denominations, as faith-based, of more than $30 billion over the next 10 years. How much good to Laurie Rubenstein, Debbie Forrest, well, as we can see, strong bipartisan Dan Gerstein, Chuck Ludlam, and support here in the Senate. And that is will come from that is wonderful to contemplate. Michelle McMurray. We could not have why I feel confident this measure will Part of the CARE Act that may make passed the bill without them. help transform the spirit of good will as big a difference and of which I am I urge my colleagues to support the in America today into more good particularly proud is the $1.3 billion in- bill and yield the floor. works at a time of growing hardship crease in Social Service Block Grant The PRESIDING OFFICER. Who and make this country as good as its (SSBG) funding over the next 2 years. yields time? values are. The CARE Act will finally make good Mr. GRASSLEY. I yield such time as Any doubt about the vitality of on our commitment by restoring SSBG he might consume to the Senator from America’s spirit was firmly laid to rest funding to its authorized level of $2.8 Pennsylvania. on September 11, 2001, when so many billion over the next 2 years and in so The PRESIDING OFFICER. The Sen- Americans gave so much and all of us doing would empower charities across ator from Pennsylvania. collectively embraced the values of the country to do good for so many Mr. SANTORUM. I thank my col- compassion and community. But if we people in need. league from Connecticut for his kind truly hope to keep moving America I want to mention one other provi- remarks and for his steadfast support. closer to our founding ideals, we have sion in the bill which has been a labor It was a struggle and took a lot of per- to extend that commitment to helping of love for me and Senator SANTORUM. sistence. That is a virtue we have seen those who continue to live in a dif- That provision would expand on the exhibited on this legislation. He has ferent type of need—children living in use of innovative savings accounts, been persistently for it, has worked poverty and despair; drug addicts des- known as Individual Development Ac- diligently to find the common ground. perate for treatment and a better life; counts (IDAs), to help low-income That is what this legislation is all low income working families who are working families build wealth and about—finding common ground. We struggling for self-sufficiency. achieve financial self-sufficiency. have seen very strong bipartisan sup- Our Government, of course, runs There have been a number of IDA dem- port for the bill. It is nice to see that many programs at the Federal, State, onstration projects around America every now and then on the floor of the and local levels that aim to fill those that have proven successful in making Senate. We will help people who are in needs as best they can by establishing home ownership, college, and small need of help, people who are out there a safety net. But all of us here, regard- business not just a dream but a reality serving our fellow man. It is a good day less of party or geography, recognize for thousands of low-income people na- in the Senate that we are doing some- that Government can’t do it all on its tionwide. The CARE Act aims to build thing positive to help those in need in own, nor should it. We have long relied on those successes and significantly in- society. We are doing it in a bipartisan on a wide network of private charities crease the availability of IDAs by offer- way, and we are doing it in a fiscally and social service providers, commu- ing America’s financial institutions responsible way. It is a win-win-win nity organizations and religious new incentives to help low-income fam- across the board. groups, what you might call the sinews ilies who want to save for their future I thank my leader, Senator FRIST. He of our civil society, to partner with the which represents a whole new strategy has been a steadfast supporter as well. public sector, to fill in the gaps of the in fighting poverty. It is based on a He has fought for this priority of our Government’s reach and, in particular, growing body of research that shows conference. This is one of the high pri- to target aid to local priorities and the best path to the middle class comes ority items we have fought for on our problems. That is what this bill will do. not just from hard work but also side of the aisle, and gratefully we have We start with a new focus on building through savings and asset accumula- seen it also as a high priority on the and leveraging the capacity of the tion. other side of the aisle. That is a won- small faith-based and community orga- In sum, this CARE Act represents a derful thing. nizations who are often in the best po- comprehensive response to a com- I thank Senator DASCHLE and Sen- sition to help people in need because plicated problem. That is why it is ator REID for their cooperation and they are closest to them. But in many broadly and enthusiastically embraced willingness to continue to work this cases, they don’t have the technical by charities all over America. This bill issue until we could arrive at a point wherewithal to find the public re- puts our shared values into action by where we are successful today. sources to do so. So to help those elevating the priority we place on help- I think we will be successful in a very groups, the CARE Act creates a Com- ing our most vulnerable citizens. For overwhelming way. We have already passion Capital Fund authorized at $150 that I thank my colleagues for their seen that the House is going through million a year that will underwrite a support. the process of marking up—they have

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.022 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5011 not done it yet, but they have a tem- amendment and have the vote com- ital gains tax. I don’t think they need plate laid out for their version of the mence at 12:30, I am happy to do that. it, compared to a church in Oklahoma, bill. We are optimistic that the House Usually, when you move to table, you maybe in a rural area, which might will promptly act to move a piece of conclude the debate. want to build or expand. But if you legislation with which we can go to Mr. GRASSLEY. Madam President, I want to sell to that church, you have conference and get a bill to the Presi- move to table the amendment and I to pay a 25 percent higher tax than if dent expeditiously to help many in our ask for the yeas and nays and then that you sell it to a conservancy group, or society who are out there working on the vote occur at 12:30. the Sierra Club, that wants to build a the front lines trying to help people in The PRESIDING OFFICER. Is there a conservancy or other groups that need—particularly those people of sufficient second? might want to say: Hey, you get a faith. There is a sufficient second. lower deal; sell it to us. One of the things I have heard is that The yeas and nays were ordered. Let’s encourage charitable contribu- the faith-based elements have been Mr. NICKLES. Madam President, tions, but let’s also encourage sales to stripped. I counter that by saying if parliamentary inquiry: How much time charitable organizations. If we are you look at the donations we are en- remains on the amendment? going to do it for one charitable orga- couraging and some of these provisions The PRESIDING OFFICER. Six and a nization, let’s do it for all charitable that we have—for example, maternity half minutes remain for the Senator organizations. That is the essence of group homes or food donation provi- from Oklahoma. my amendment. We have paid for it. It sions—food donation in this country is Mr. CRAIG. Will the Senator yield is offset. I urge my colleagues to sup- overwhelmingly done by organizations for a minute? port it. If we are going to encourage of faith. They are the ones who collect Mr. NICKLES. I am happy to yield. charitable sales, let’s do it for all of the donations and distribute them. It is Mr. CRAIG. I thank the Senator from them, not just conservation groups. I the same thing with maternity group Oklahoma for his amendment. I think urge my colleagues to vote against the homes. A large segment of those homes it improves the legislation substan- motion to table. tially in the context of what it is. This out there are faith based in nature, as I yield the remainder of my time. bill is not what it was. The CARE Act well as a lot of the charitable giving I suggest the absence of a quorum. provisions that will disproportionately has all of the right reasons for passing The PRESIDING OFFICER. The have a positive impact on faith-based the Congress—faith-based organiza- clerk will call the roll. organizations. This will help faith- tions gaining the benefit to serve peo- based organizations on the giving side, ple in a broader sense. We have gone The assistant legislative clerk pro- and, as I mentioned yesterday, the beyond that now. ceeded to call the roll. compassion capital fund in the bill pro- Now we are talking about providing Mr. NICKLES. Madam President, I vides technical assistance to small an opportunity for charities and con- ask unanimous consent that the order charities. servation groups to buy private land, for the quorum call be rescinded. Again, the principal beneficiaries or acquire private land, and, for the The PRESIDING OFFICER. Without will be small, inner-city, faith-based sale of that land, to gain a benefit. In objection, it is so ordered. organizations, these neighborhoods public land States such as mine, where The PRESIDING OFFICER. The with many nondenominational church- private land is, and it is the single tax question is on agreeing to the motion es which are already receiving tech- base of counties and local entities of to table amendment No. 527. The yeas nical assistance and instruction on how government, as we deplete that land, and nays have been ordered. The clerk to apply for Federal funds through the for whatever reason, we deplete the will call the roll. charitable choice provisions of the 1996 ability of counties to provide for them- The assistant legislative clerk called Welfare Act. Already we are providing selves and their citizens. I am strug- the roll. that assistance. This will increase that gling with this bill in the final analysis The PRESIDING OFFICER. Are there amount and will increase the grass- because of that. any other Senators in the Chamber de- roots, faith-based, inner-city entities, I do not oppose, obviously, the intent siring to vote? of CARE and the intent of rewarding working in many cases in the most dif- The result was announced—yeas 62, and extending for faith-based organiza- ficult neighborhoods, with the oppor- nays 38, as follows: tunity to access funds. Their base of tions their ability to serve our country [Rollcall Vote No. 127 Leg.] funds isn’t that great. They are some and its citizens. I thank my colleague of the poorest neighborhoods in Amer- for his amendment. I hope we will not YEAS—62 ica. table it. I think it clearly helps im- Akaka Dorgan McCain So it is a great day for those who prove the legislation overall. Alexander Durbin Mikulski Mr. NICKLES. Madam President, I Baucus Edwards Miller have been working hard and commit- Bayh Feingold appreciate the comments of my col- Murray ting their lives in some of the most dif- Biden Feinstein Nelson (FL) ficult neighborhoods of the country league and friend from Idaho. He Bingaman Graham (FL) Nelson (NE) Boxer that will be getting the resources that makes a very good point. Western Grassley Pryor Breaux Gregg Reed are much needed to the grassroots or- States have a lot of public land and not Brownback Harkin Reid a lot of private land. This amendment Byrd Hollings ganizations that, as the President has Roberts Cantwell Inouye said, are driven by their faith commit- says if you are going to sell land to a Rockefeller charity that deals with conservation, Carper Jeffords ment. Chafee Kennedy Sarbanes I yield the floor. you get a 25 percent lower capital gains Clinton Kerry Schumer Mr. GRASSLEY. Madam President, I tax than if you sell to any other char- Collins Kohl Smith ity. Conrad Landrieu Snowe move to table the—— Corzine Lautenberg Stabenow Mr. NICKLES. Will the Senator yield My amendment would say if you sell Daschle Leahy Stevens first? I am not sure we used all of our to any charity, you will get a reduced Dayton Levin Sununu time. capital gains tax. I mentioned the Na- DeWine Lieberman Voinovich The PRESIDING OFFICER. There is ture Conservancy. They are big in my Dodd Lincoln Wyden time remaining for debate. State. They bought one of the biggest NAYS—38 Mr. NICKLES. I am happy to con- ranches—a buffalo ranch—in Okla- Allard Craig Hutchison clude shortly. Correct me if I am homa. It is in the tall grass prairie. I Allen Crapo Inhofe wrong, but I was thinking the vote was love it. I helped make that happen. The Bennett Dole Johnson Bond Domenici at 12:30, or are we trying to move it up? Nature Conservancy is a big group. I Kyl Bunning Ensign Lott Mr. GRASSLEY. I think we should don’t know how great their assets are, Burns Enzi Lugar wait until 12:30. I will wait. I yield the but I guess it is in the millions of dol- Campbell Fitzgerald McConnell floor. lars—lots of land and lots of millions of Chambliss Frist Murkowski Cochran Graham (SC) Nickles Mr. NICKLES. If the Senator wants dollars. If you sell to that group, you Coleman Hagel Santorum to ask consent to move to table the get a 25 percent reduction in your cap- Cornyn Hatch

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.026 S09PT1 S5012 CONGRESSIONAL RECORD — SENATE April 9, 2003 Sessions Specter Thomas the many welfare benefit plan arrange- Accounts, IDA, section provides a tan- Shelby Talent Warner ments. I am willing to join you in writ- gible incentive for folks to save and be- The motion was agreed to. ing the Treasury Department to ask come self-sufficient, which not only Mr. GRASSLEY. I move to recon- them for clearer guidance as soon as provides financial security but insider the vote. practicable. creases the participants self-esteem Mr. SANTORUM. I move to lay that Mr. SANTORUM. I thank the chair- which is priceless. Participants are motion on the table. man for agreeing to work with me on able to withdraw these matched funds The motion to lay on the table was this important issue. for a first home purchase, higher edu- agreed to. Mr. BROWNBACK. Mr. President, it cation costs, or to start a new business. Mr. GRASSLEY. Madam President, gives me great pleasure to join with Lives are dramatically changed by it is my intention to yield back all of my colleagues today and support this this program and I am pleased to see my time except for 30 seconds. magnificent bill, the Charity Aid, Re- the Senate backing this important in- WELFARE BENEFIT PLANS IN RELATION TO TITLE covery, and Empowerment Act of 2003. centive. VII This was a long fought endeavor—one Lastly, I would like to highlight an Mr. SANTORUM. Madam President, I that is worthy of the effort—and an en- issue that I am passionate about, an rise today to engage the distinguished deavor that will continue to promote issue of the value of human life. I am chairman of the Finance Committee in the act of charity, but also serve as a very pleased that this bill will provide a colloquy regarding welfare benefit catalyst for those who need help in additional funding—$33 million to be plans in relation to title VII of S. 476. gaining self-sufficiency. exact—for helping teenage mothers Employee Welfare Benefit plans, reg- As you may know, the motto of my achieve self-sufficiency by strength- ulated under ERISA, are employer- State, Kansas, is, Ad Astra Per Aspera ening Federal support for locally run sponsored plans that provide security or ‘‘to the stars through difficulty.’’ In- maternity group home programs. As we to employees at the time of an event deed this is not only true of my State, know, this was an important agenda that interrupts or impairs their earn- but true of our Nation as well. The act item in the 1996 Welfare Reform bill. ing power by providing benefits such as of charity and benevolence is a hall- Under the 1996 law, minors are required death benefits, medical insurance, mark of our great Nation and this bill to live at home under adult supervision long-term care and child care. will help to continue that legacy and or in a maternity group home in order By way of introduction, sections 419 provide a pathway for success for those to receive benefits. Teenagers who are and 419A of the Internal Revenue Code in need. provided the opportunity to live in set forth special rules for the deduction During the aftermath of the Sep- these homes are more likely to con- of contributions to a welfare benefit tember 11 attacks on our Nation, we tinue their education or receive job fund, including limitations on the saw the best of America in one of the training—this is paramount for not amount of the deduction that would darkest times of our Nation’s history. only economic stability but for the ef- otherwise be deductible. Though as a Nation we were physically ficacy of the participant as well. These Moreover, 419A(f)(6) provides that the and emotional battered, we were able young women, who enter this program rules of sections 419 and 419A do not to rise up and come together as one Na- are less likely to have a second preg- apply in the case of a welfare benefit tion united, determined to help those nancy, and more likely to find gainful fund that is part of a plan to which in need. Many organizations such as employment that allows them to end a more than one employer contributes the Salvation Army, the Red Cross and dependence upon Federal Government and to which no employer normally countless other charities and nonprofit programs. I am positive that this bill will con- contributes more than 10 percent of the organizations stood together with the tinue to financially aid those organiza- contributions of all employers under men and women who attended to the tions that reach out to those in need the plan. This exception for 10 or more victims and their families. The and will help them to build on the suc- employer plans, however, does not strength and resolve of our Nation was cess they have already seen in their apply to any plan that maintains expe- truly remarkable through the benevo- communities. rience rating arrangements with re- lence shown to the families of those Indeed in my own State, I have, for spect to individual employers. lost on that tragic day. several years, toured charitable organi- It is my understanding that there is It is time now that we help these and zations such as the Grace Center, ongoing review of sections 419 and 419A many other charitable organizations which is a home for unwed mothers, as the Department of Treasury seeks to continue to help those in need. This and Bread of Life, which is an inner- establish further guidance relative to bill, the CARE Act, will do just that. city church that is leading community 10 or more employer plans. It is my un- This act provides charitable giving in- revitalization by partnering with derstanding that such considerations centives in the form of tax deductions schools and neighborhood organiza- have contributed to uncertainty in the for individuals and couples who do not tions to provide scholastic, mentoring tax treatment of these plans. itemize their tax returns—$250 for indi- and bible study programs. I inquire of Chairman GRASSLEY if he viduals and $500 for couples. It allows As a nation, we are strongest in our is aware of the concerns surrounding IRA holders to make charitable con- ability to provide assistance to those the uncertain tax treatment of 10 or tributions from their accounts, and in need, and to provide individuals with more employer plans, and if so, if he provides an enhanced charitable deduc- the tools necessary to succeed. Dr. would agree to continue discussions tion for donations of food and books to King once said, ‘‘The ultimate measure with Treasury in an effort to achieve charitable organizations. of a man is not where he stands in mo- clarity. Additionally, it provides an expedited ments of comfort and confidence, but Mr. GRASSLEY. I am aware that the review process for organizations seek- where he stands at times of challenge Treasury and Labor Departments are ing a 501(c)(3) status designation, which and controversy.’’ These organizations always examining the so-called welfare makes it easier to qualify for Federal embody the epitome of Dr. King’s benefit plans because of aggressive uses grants and contracts. Along those same statement. I encourage all of my col- of some arrangements. Taxpayers need lines, the bill requires the IRS to expe- leagues to support this legislation, sup- certainty and clarity from the enforce- dite the 501(c)(3) application for any port those organizations who have ment agencies that they can rely upon, group that needs that status to apply committed their lives to helping others so they do not run afoul of the rules for a government grant or contract. To and who are indeed helping individuals and operate plans in accordance with further help in this arena, the bill re- through difficulties reach for the stars. the requirements of the law. It would quires the IRS to waive the application Mr. HATCH. Madam President, I rise be unwise to exclude a particular type fee for groups whose annual revenues today to express my support for the of arrangement from the rules gov- do not exceed $50,000. CARE Act, which is currently before erning tax shelters, however, based I am also pleased that we are encour- the Senate. This bill is dedicated to upon some the abuses we have seen. aging savings accounts for those in our improving the incentives for individ- But we can urge the Treasury Depart- society who are in the lower income uals and corporations to donate to ment to provide clearer guidance on brackets. The Individual Development charitable entities.

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.017 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5013 Through their generosity, Americans have in donating their stock to chari- sequence for either the organization or have shown their true colors as a com- table entities. Under the current law, a the volunteers. If the charitable orga- passionate, caring people. Unfortu- donor of S corporation stock worth $500 nization reimburses any more than nately, many charities have had a dif- but having a tax basis of $100 would re- that, the organization is required to ficult time raising money since the ceive a deduction for ony the amount file an information return with the tragedy of September 11, as the econ- of the basis, or $100. A holder of shares IRS, and the volunteers must include omy has remained weak. This bill, in a C corporation, however, is allowed the amount over 14 cents per mile in which is a priority for President Bush, to deduct the full $500 value of the their taxable income. By contrast, the will help America’s charities to con- stock. There is no justification for this mileage reimbursement level currently tinue their invaluable work. disparity in treatment between S cor- permitted for businesses is 36 cents per I applaud the leadership of Chairman poration and C corporations, and a pro- mile. GRASSLEY and Ranking Democrat BAU- vision in the CARE Act corrects it. At a time when Government is ask- CUS in getting this bill through the Fi- I am also pleased that another provi- ing volunteers and volunteer organiza- nance Committee and onto the Senate sion, which Senator LINCOLN and I tions to bear a greater burden of deliv- floor. I also applaud the perseverance added as a amendment to the bill in ering essential services, the 14 cents of Senators SANTORUM and LIEBERMAN, the Finance Committee, is included in per mile limit is posing a very real who have championed this bill for the CARE Act. Similar to the books hardship on charitable organizations many months and have kept at it de- provision I mentioned before, this pro- and other nonprofit groups. I have spite the discouragement of not being vision provides a larger deduction, and heard from a number of people in Wis- able to get the unanimous consent therefore a stronger incentive, for busi- consin on the need to increase this re- needed to bring it to the floor until nesses to donate their excess inventory imbursement limit. At a listening session I held in Por- very recently. to charitable entities, such as schools The CARE Act includes several im- tage County, WI, representatives of the or churches. local Department on Aging explained portant incentives to encourage addi- The CARE Act includes many worth- just how important volunteer drivers tional contributions to charity. One of while incentives designed to increase are to their ability to provide services the more important ones is the provi- charitable contributions. Its enact- to seniors in that county. The Depart- sion to allow individuals who do not ment should make a real difference in ment on Aging reported that in 2001, 54 itemize to take a deduction under cer- our Nation. volunteer drivers delivered meals to There is, however, one portion of the tain circumstances. I am particularly homes and transported people to med- CARE Act in which I am disappointed. pleased that the Finance Committee ical appointments, meal sites, and chose to craft this incentive as a tar- As an offset, the bill includes a pack- other essential services. The Depart- geted provision, rather than as a provi- age of measures designed to crack ment noted that their volunteer driv- sion that would allow a deduction for down on abusive corporate tax shelters. ers provided 4,676 rides, and drove near- the first dollar of contributions. Two- While I am certainly not in favor of ly 126,000 miles. They also delivered thirds of Americans do not itemize abusive tax shelters, I am concerned 9,385 home-delivered meals, and nearly their deductions, but most of them do that part of this package of antitax two-thirds of the drivers logged more make contributions. Allowing a deduc- shelter provisions, known as the clari- than 100 miles per month in providing tion for contributions that were al- fication of the economic substance doc- these needed services. Together, volun- ready being made is not an incentive— trine, could also close down legitimate teers donated over 5,200 hours last it is a giveaway. The provision in the tax planning techniques and give the year, and as the Department notes, at CARE Act encourages us to stretch and Internal Revenue Service an unprece- the rate of minimum wage, that give more. It provides a much bigger dented degree of authority to recast amounts to over $27,000, not including incentive for Americans to donate that the tax treatment of transactions it other benefits. marginal dollar and it also lowers the does not like, regardless of whether the As many of my colleagues know, the cost of this provision to the Treasury. transactions are otherwise allowed senior meals program is one of the I am also very pleased that the bill under the tax law. The provision would most vital services provided under the includes two other provision, which I also override a significant body of case Older Americans Act, and ensuring have been promoting for some time. law, some of which reaches back al- that meals can be delivered to seniors The first would simplify a complex most to the inception of the income or that seniors can be taken to meal area of the current law and eliminate tax. sites is an essential part of that pro- significant roadblocks that now stand I hope that the codification of the gram. Unfortunately, federal support in the way of businesses with excess economic substance doctrine can be de- for the senior nutrition programs has book inventory to donating those leted in the conference with the House. stagnated in recent years. This has in- books to schools, libraries, and literacy All in all, however, the CARE Act is creased pressure on local programs to programs, where they are much needed. a very good bill, and it deserves the leverage more volunteer services to Unfortunately, the current tax law support of the Senate. I urge all of my make up for lagging federal support. benefits for donating such books to colleagues to vote for this bill. The 14 cents per mile reimbursement schools or libraries are often no greater Mr. FEINGOLD. Madam President, I limit, though, increasingly poses a bar- than the tax benefits for donating such am delighted that the Finance Com- rier to obtaining those contributions. books to schools or libraries are often mittee has included my volunteer mile- Portage County reports that many of no greater than the tax benefits of age reimbursement legislation in the their volunteers cannot afford to offer sending the books to the landfill. CARE Act, and I want to take this op- their services under such a restriction. The provision in the CARE Act ad- portunity to thank the Chairman And if volunteers cannot be found, dresses the obstacles of donating excess GRASSLEY and the ranking member their services will have to be replaced book inventory by providing a simple BAUCUS for their efforts to include this by contracting with a provider, greatly and clear rule whereby any donation of needed provision. I am also pleased increasing costs to the department, book inventory to a qualified school, that some troubling provisions have costs that come directly out of the pot library, or literacy program is eligible been deleted from this legislation. In of funds available to pay for meals and for an enhanced deduction. This means particular, I congratulate the sponsors other services. that booksellers and publishers would for agreeing to drop title VIII before By contrast, businesses do not face receive a higher tax benefit for donat- bringing the bill to the floor. Doing so this restrictive mileage reimbursement ing the books rather than throwing strengthens this bill, and will greatly limit. The comparable mileage rate for them away and would thus be encour- speed consideration of the measure. someone who works for a business is aged to go to the extra trouble and ex- Under current law, when volunteers currently 36 cents per mile. This dis- pense of seeking out qualified donees use their cars for charitable purposes, parity means that a business hired to and making the contributions. the volunteers may be reimbursed up deliver the same meals delivered by The second provision deals with a to 14 cents per mile for their donated volunteers for Portage County may re- problem that owners of S corporation services without triggering a tax con- imburse their employees over double

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.029 S09PT1 S5014 CONGRESSIONAL RECORD — SENATE April 9, 2003 the amount permitted the volunteer crimination based on religion, or reli- Again, I thank Chairman GRASSLEY without a tax consequence. gious instruction, worship, or pros- and Senator BAUCUS for the support This doesn’t make sense. The 14 cents elytization. they have given me per mile volunteer reimbursement Mr. INOUYE. Mr. President, I want Mr. LEAHY. Madam President, I rise limit is badly outdated. According to to express my appreciation to Chair- today in support of the Charity Aid, the Congressional Research Service, man GRASSLEY and Senator BAUCUS for Recovery, and Empowerment, CARE Congress first set a reimbursement the inclusion of the hospital support Act of 2003. The tax provisions in the rate of 12 cents per mile as part of the organization provision to the CARE CARE Act will encourage increased Deficit Reduction Act of 1984, and did Act. This provision is important to all giving to charitable organizations not increase it until 1997, when the teaching hospital support organiza- across the country. In community after level was raised slightly, to 14 cents tions, including those in Hawaii. The community, our charitable organiza- per mile, as part of the Taxpayer Relief provision would treat borrowing by tions have seen donations drop off sig- these support organizations as quali- Act of 1997. nificantly because of the sluggish econ- fied exceptions under the unrelated The provision included in the CARE omy. Act addresses this problem by raising business income rule for debt acquisition. The CARE Act would allow taxpayers the limit on volunteer mileage reim- who do not itemize tax deductions to bursement to the level permitted to As a requirement for tax exemption status, nonprofit hospitals must pro- write off a portion of their charitable businesses, currently 36 cents per mile. donations for 2 years—nonitemizers Once again, I thank the chairman vide significant charity services. They would be limited to $250 for individuals and ranking member of the Finance do this mainly by treating Medicaid and $500 for couples filing joint returns. Committee for their help in including and Medicare patients and by running The bill would also permit tax-free dis- this provision in the CARE Act. This an open emergency room that treats tributions from IRAs for charitable timely measure will help ensure that anyone without regard to payment. purposes and would provide enhanced charitable organizations can continue For example, Medicare and Medicaid deductions for contributions of food, to attract the volunteers who play admissions comprise nearly 60 percent books, computers and conservation such a critical role in helping to de- of all admissions at the largest private, easements. It is important to note that liver services, and it will simplify the nonprofit hospital in my State. The de- the $13.1 billion in tax allowances in tax code both for nonprofit groups and mand for indigent or charitable hos- the CARE Act are fully offset by tax the volunteers themselves. pital care will continue to grow espe- shelter legislation that would impose As I noted earlier, I am also pleased cially in an economic down turn. A number of charitable hospitals, stiff penalties on those who try to hide that the sponsors of the CARE Act such as the Queen’s Medical Center in assets from the IRS. I am also pleased agreed to drop title VIII before bring- the State of Hawaii, also provide resi- that the bill reported by the Senate Fi- ing the bill to the floor. I had two seri- dency training as teaching hospitals nance Committee on February 5 con- ous concerns about title VIII. First, it for our future doctors. In addition, tains none of the controversial ‘‘chari- threatened to undermine our Nation’s they must extend staff privileges to all table choice’’ provisions that hindered long-standing public policy against disqualified physicians in nearly all spe- its passage in the last Congress. crimination in employment. Religious cialties. Accordingly, they cannot be organizations currently enjoy an ex- There are a number of bipartisan and selective as to their patients or to emption from title VII of the Civil noncontroversial tax incentive provi- their staff physicians. To pay for these sions in the CARE Act that I have sup- Rights Act of 1964, allowing them to charitable services nonprofit hospitals discriminate against individuals on the ported as stand-alone bills, including must use their endowment income as the Artist-Museum Partnership Act, S. basis of religion when making employ- well as fees from other patients. ment decisions about individuals in- 287, that I coauthored with Senator For-profit enterprises can easily bor- BENNETT, and the Good Samaritan volved in religious services. The bill as row or raise the capital to build the introduced was silent on this issue and Hunger Relief Act, S. 85, that I coau- most up-to-date facilities to compete thored with Senator LUGAR. therefore threatened to extend this ex- for the high-profit patients. In com- Senator BENNETT and I introduced emption and allow religious groups parison, charitable hospitals face lower the Artist-Museum Partnership Act to that provide federally funded social reimbursements for Medicaid and enable our country to keep cherished services to discriminate on the basis of Medicare patients, while at the same art works in the United States and to religion in hiring, firing, or promotion time they struggle to cope with rising preserve them in our public institu- decisions. costs for wages, supplies and insurance. tions, while erasing an inequity in our Second, title VIII could have allowed In order to meet the growing demand Tax Code that now serves as a disincen- religious organizations receiving Fed- for indigent care, many charitable hos- tive for artists to donate their works eral funds to proselytize during the pitals postpone updating their equip- provision of the federally funded social ment and defer modernizing their fa- to museums and libraries. Under cur- service. Faith-based organizations do a cilities. As a result, there is a growing rent law, artists who donate self-cre- lot of good work in our society. But the trend for charitable hospitals to sell off ated works are only able to deduct the Founders were right when they crafted their facilities to for-profit operations cost of supplies such as canvas, pen, the Constitution’s separation of church because they can easily secure the re- paper and ink—a sum that does not and state provision. We need to protect quired capital to update or expand the come close to the works’ true value. each American’s right to practice his facilities. This is unfair to artists and it hurts or her religion as he or she chooses. I In the past, Congress has allowed museums and libraries large and small am troubled by the possibility that, re- nonprofit schools, colleges, univer- that are dedicated to preserving works gardless of good intentions, in practice, sities, and pension funds to invest in for posterity. Our bill would allow art- people who are in trouble would feel real estate with borrowed funds, and ists, writers, and composers who do- pressured to engage in religious activi- the income from real investments has nate works to museums and libraries ties that they are not comfortable with allowed these institutions to meet to take a tax deduction equal to the in order to get access to help, or other- their financial needs. Accordingly, fair-market value of the work. wise be denied the services that they with this provision, teaching hospitals’ In my State of Vermont, we are in- desperately need. support organizations would also be al- credibly proud of the great works pro- Again, I am pleased that title VIII, lowed to borrow in order to repair and duced by hundreds of local artists who the problematic faith-based provision, improve the real property held in the choose to live and work in the Green has been dropped from the version of portfolio assets of their endowments, Mountain State. Displaying their cre- the bill that is before the Senate today. thereby increasing the value of the real ations in museums and libraries helps Congress, however, must continue to be property segment of their endowments. develop a sense of pride among vigilant to ensure that we do not enact The resulting increase of income can Vermonters and strengthens a bond legislation that allows taxpayer dollars then help cover the growing costs for with Vermont, its landscape, its beau- to be used to promote employment dis- more charitable services. ty, and its cultural heritage. Anyone

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.045 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5015 who has gained a greater under- There are several aspects of the bill the IRA to the charity of his or her standing of both the artist and the sub- of which I want to make note. Let me choice. The entire $30,000 withdrawal ject by contemplating a painting in a briefly mention them. from the IRA would be taxed as in- museum or examining an original First, several elements in the bill come, but only $15,000—50 percent of manuscript or composition knows the were included as amendments after annual income—would be allowed as a tremendous value of these works. I several Senators, including myself, charitable deduction. Under this bill, would like to see more of them, not worked to add them in the Finance however, the entire contribution would fewer, preserved in Vermont and across Committee. These include an enhanced be free of any tax consequence: The the country. tax deduction for contributions of food withdrawal would not be taxed as in- I would like to thank Senators inventory, which will be very helpful come, and the contribution would not ALLEN, BINGAMAN, CANTWELL, CHAFEE, for food banks assisting the poor; a new be counted as a deduction. The tax- CLINTON, COCHRAN, DASCHLE, DODD, market-value deduction for art do- payer can simply make the transfer to DURBIN, FEINSTEIN, GRAHAM of Florida, nated to nonprofit institutions by an the charity completely tax-free. JEFFORDS, JOHNSON, KENNEDY, KERRY, artist during his or her lifetime; and If the objective of this bill is to in- LIEBERMAN, LINCOLN, MILLER, STEVENS, some restoration of funding for the so- crease charitable giving, this is the and WARNER for cosponsoring our bill. cial service block grant program. central provision that will drive that The Good Samaritan Hunger Relief These are all worthy provisions. result. I thank the sponsors of the bill, Act that Senator LUGAR and I intro- Second, I have argued that while we Senators LIEBERMAN and SANTORUM, duced represents a great partnership have the largest deficits in history and and the Finance Committee leadership, between businesses and organizations face pressing domestic needs and the Senators GRASSLEY and BAUCUS, and I working to alleviate hunger. The bill long-term expense of rebuilding Iraq, urge my colleagues to support the will increase donations to food banks, we should not have any new tax cuts CARE Act. soup kitchens, and other hunger relief that are not paid for. That is why I Mr. LIEBERMAN. Madam President, charities and therefore help local com- have offered a stimulus package whose I am disappointed that the administra- munities and organizations become the costs are offset in future years, so we tion has put out a statement today op- first line of defense against hunger in can stimulate the economy today with- posing the SSBG provisions in this bill, America. out passing the bill to our kids. I am especially after we negotiated a bill Under current tax law, the deduction pleased that the Finance Committee with the Administration that included allowed for donated food does not cover worked in a bipartisan way to pay for those provisions. The SSBG funding is expenses incurred by the business. In the provisions in the CARE Act, in critically important to this bill. It many cases, this means that it is order to eliminate any long-term cost. funds a number of essential social serv- cheaper for a business or farmer to Moreover, I am especially pleased that ices that have been harmed by cuts to throw away leftover food instead of do- the major pay-for provisions in the bill that program. I’d like to put in the nating it to the hungry. This legisla- are clarification of the economic sub- record here the results of a survey done tion will make it easier for res- stance doctrine and other provisions by the United Way of America. taurants, food processors, and farmers related to tax shelters. I introduced In January 2000, UWA conducted an to contribute food to food banks, pan- legislation to reform these shelters informal survey to assess the impact tries, and homeless shelters by allow- during the 107th Congress and the Fi- cuts to SSBG have had on local United ing the deduction of the full market nance Committee took much of the Ways and their community partners. value of food donated. language from my original bill when This study represents the impact of Over the years, the legislation has re- they needed a more comprehensive off- cuts from a funding level of $2.8 billion ceived the endorsement of various hun- set this year. Most notably, last year’s to SSBG in fiscal year 1995, to $1.9 bil- ger relief and food community organi- offsets for the CARE Act did not in- lion in fiscal year 1999. Since con- zations, including America’s Second clude the economic substance provi- ducting the survey, SSBG funding has Harvest Food Banks, the American sion; now it represents the single larg- been further reduced to $1.7 billion. Farm Bureau Federation, the Cali- est pay-for. At a time when we are Following summarizes ‘‘The Stories fornia Emergency Foodlink, the Coun- learning how far companies will go to Behind the Social Services Block cil of Chain Restaurants, the Grocery abuse the tax system, changes to these Grant: A Survey by United Way of Manufacturers of America, Lighthouse shelter provisions come at just the America.’’ Ministries Inc., the National Res- right time. Effect of SSBG Cuts on Health and Human taurant Association and the Salvation Finally, although the nonitemizer de- Service Agencies: One hundred thirty-eight Army. I would like to thank Senators duction for charitable contributions is agencies from 26 States responded. AKAKA, ALLEN, BAYH, BOND, COCHRAN, getting the most attention in this bill, Effect on budget: 38 percent received less DAYTON, DEWINE, DODD, DURBIN, EN- the largest permanent provision of the SSBG money in 1999 than in the 1995; 42 per- SIGN, FITZGERALD, HARKIN, KERRY, CARE Act will allow tax-free IRA roll- cent have been level funded for the past 5 LANDRIEU, MILLER, ROBERTS, overs to charitable organizations. years. SANTORUM, SCHUMER, and SMITH for Under the bill, people will be able to Effect on services: 17 percent of the total also cosponsoring our bill. make planned charitable gifts out of respondents had to cut programs to com- 1 pensate for SSBG cuts; 29 percent of the I want to thank the chairman and IRAs at age 59 ⁄2, and direct gifts at age agencies that received less SSBG money in 1 ranking member of the Senate Finance 70 ⁄2, without any tax consequence. 1999 than in 1995 were forced to cut programs; Committee for including the Artist- This is language that I worked on with 32 percent of the total respondents had to cut Museum Partnership Act and the Good Senator DORGAN, and I worked hard in staff to compensate for SSBG cuts; 50 per- Samaritan Hunger Relief Act in the the Finance Committee to have the cent of the agencies that received less SSBG CARE Act. As we pass this important Dorgan-Kerry language included in the money in 1999 than in 1995 had to cut staff; legislation today, I look forward to CARE markup. The new language will 46 percent of the total respondents were working with my colleagues to ensure be very beneficial to the many col- forced to serve fewer clients; 73 percent of the agencies that received less SSBG money that the bipartisan compromises con- leges, universities, and cultural insti- in 1999 than in 1995 were forced to serve fewer tained in the Senate bill are preserved. tutions throughout my home State. clients. Mr. KERRY. Madam President, I rise The new law will make a big dif- Respondents’ median 1999 grant: $70,472.00. today to offer my support for the ference, and it is important that people Median percent of respondents’ budget that CARE Act of 2003. Now that the objec- understand how it works. Under cur- SSBG represents: 10 percent. tionable ‘‘charitable choice’’ provisions rent law, one’s itemized deductions are Median number of people served with re- of the bill have been removed, and the generally limited to one-half of one’s spondents’ SSBG funds: 180. Republicans have agreed to pay for the income. In the case of a retired worker The survey found that further cuts to tax provisions in the bill, the positives with $30,000 of annual income, but SSBG would greatly reduce the reach of the legislation clearly outweigh the $150,000 accumulated in an IRA, this and impact programs that provide serv- negatives and the final result is worthy limitation would prevent the retiree ices for a full range of health and of support. from making a $30,000 donation from human services from child welfare and

VerDate Jan 31 2003 04:10 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.036 S09PT1 S5016 CONGRESSIONAL RECORD — SENATE April 9, 2003 child care to youth development, job care for the elderly, adult protective I want to especially thank my staff, training and other work supports for services, as well as adoption programs. including Jeff Forbes, John Angell, those transitioning off welfare, assist- In 1996, during the debate over wel- Russ Sullivan, Patrick Heck, and Jona- ance for domestic violence victims, res- fare reauthorization, the Congress and than Selib. I also want to mention our pite care, home care services and infor- the States agreed to temporarily de- hardworking interns, Shawn White and mation and referral. The administra- crease SSBG from $2.8 billion a year to Tyler Garrett. tion’s backtracking on its assurances $2.38 billion a year, until welfare re- The Finance Committee staff worked about funding this program will fur- form was firmly established. The closely with staff members from other ther damage these efforts. agreement further stipulated that Senate offices. They also were in touch Mr. BUNNING. Madam President, I SSBG would be funded at $2.38 billion with officials from the Administration, would like to express my support for S. per year until fiscal year 2003 when it including Susan Brown and others from 476, the CARE Act. The bill before us would be restored to $2.8 billion per Treasury. today contains many important provi- year. The Joint Committee on Taxation sions that work toward a single goal of We have not lived up to our promise. provided technical assistance. Lindy encouraging charitable giving in the Funding for SSBG has been reduced Paull, Mary Schmitt, Roger Colinvaux, United States. The bill does this by considerably. Currently this vital pro- Ron Schultz, Sam Olchyk, Ray Bee- making it easier for individuals to de- gram is funded at $1.7 billion a year. man, and Brian Meighan. And many duct their charitable contributions This program is very important in others. We owe many thanks for the as- from their incomes taxes, by allowing my State of Iowa. sistance they provided. There were over 119,708 children and tax-free distributions from IRAs for Second, I want to thank Senators adults benefitting from SSBG-funded charities and by encouraging donations LIEBERMAN and SANTORUM. The CARE services in the state of Iowa in fiscal of books, food inventory, and com- Act has been a priority for them for a year 2000. long time. They have worked tirelessly puters. Iowa spent almost half of their $29 I particularly would like to thank million block grant—48 percent—on to get this bill before the Senate. We the managers of this bill for including services to persons with disabilities are grateful for their diligence, co- a provision in the Managers’ amend- covering both physically disabled and operation and input. ment that I had discussed in the Fi- developmentally disabled persons. I also want to thank our leaders Sen- nance Committee earlier this year. Services include adult residential care, ators FRIST and DASCHLE for their deci- That provision which will be in effect adult day care, community-supervised sion in moving the CARE Act forward. for certain tax-exempt bonds issued 1 living, sheltered workshops and work I want to thank my good friend and year after the date of enactment of this activities. colleague, Chairman GRASSLEY. As al- bill, is aimed at making it easier for Iowa used $982,078 in SSBG for the ways, he has been instrumental in en- non-profit nursing and elder-care fa- prevention of abuse and neglect to el- suring a truly bipartisan bill. And, it cilities to gain access to tax-exempt derly and disabled persons compared to continues to be a pleasure to work with bond markets which might not other- receiving only $55,927 from the title VII him. wise be available to it. The provision Elder Abuse under the Older Americans Finally, I look forward to seeing this was crafted to address some of the af- Act. bill passed into law—and soon. It is my fordable funding issues facing the non- I worked very hard to ensure that hope that the House will take up this profit agencies that are attempting to SSBG was included in the CARE Act. legislation quickly. provide these important and much- The reason why I felt so strongly that The CARE Act is one of the Presi- needed elder-care facilities, particu- it be included in the bill is because I dent’s top priorities. There is a lot in larly in underserved regions of our see an SSBG increase as one of the this bill that enjoys widespread, bipar- country. ways we can direct fiscal relief to the tisan support. As you well know, Madam President, states. Together, we have been working on with the aging of our population, the States are currently suffering under this bill for more than 2 years. There is challenges facing the underserved com- the worst fiscal crisis since World War no need for further delay. munity of the elderly will continue to II. I am committed to finding ways to I urge the House to act quickly on grow. One way that we can contribute assist the states manage this fiscal cri- this legislation so that we can have the to the good work that these non-profit sis. I view the inclusion of the restora- CARE Act on the President’s desk by nursing homes are doing is by finding tion of SSBG funds as a good first step the Memorial Day recess. ways to help them gain access to af- towards assisting the States make it This is a good bill. I urge my col- fordable capital so that they can con- through this current crisis. leagues to vote for the CARE Act. tinue to serve this important segment I appreciate my colleagues’ hard Madam President, the CARE Act of our population. work on this bill and look forward to takes bold steps to combat the dev- I thank Chairman GRASSLEY and its enactment into law. astating problem of hunger—an issue Ranking Member BAUCUS of the Fi- Mr. BAUCUS. Madam President, the that affects far too many of my con- nance Committee and Mr. SANTORUM, CARE Act is an important piece of leg- stituents in Montana. the chief supporter of this bill, and islation that will help those organiza- Today, in the greatest and most pros- their staffs for their assistance with tions that are always there to help us. perous nation in the world, hunger re- this issue. On balance, I believe the bill will en- mains a real problem for our families. Mr. GRASSLEY. Madam President, I courage more charitable giving. And According to the USDA, more than 1 rise today to speak in support of a key this is particularly important now, in 8 households were food insecure in provision in the CARE Act, the res- when demand on these organizations is Montana between 1999 and 2001. This toration of $1.375 billion for the Social out-pacing resources. means that they do not consistently Services Block Grant Program or This legislation would not have been know where their next meal will come SSBG. possible without the contributions of from. As my colleagues know, SSBG is an many. And 4 percent of households in Mon- extremely flexible grant program that First, I would like to thank the Fi- tana—that is 32,000 people, 12,000 of states use to pay for a wide variety of nance Committee staff for their expert whom are children—live in conditions social services activities. States have counsel and hard work. They spent so severe that they are classified as ac- broad discretion over the use of these many long hours perfecting this legis- tually experiencing hunger. funds. In recent years, the largest ex- lation. They are role models for those These numbers are on the rise—Mon- penditures for services under the SSBG in public service. tana’s hunger rate had the second high- were for child protective services, chil- I appreciate the cooperation we re- est jump of any state from an identical dren’s foster care and prevention and ceived from the Republican staff mem- USDA study done just three years ear- intervention services. bers including Kolan Davis, Mark lier. Additionally, SSBG funds go to pro- Prater, Dean Zerbe, Elizabeth Paris, Many of these are working poor fami- vide crucial services such as respite Christy Mistr, and Ed McClellan. lies, making gut-wrenching decisions

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.030 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5017 between whether to spend their hard- ticularly in the homes of our poorest, such as the Montana Adult Basic & earned money on housing, healthcare, most at-risk children—you cannot find Literacy Education, ABLE, program child-care, or food. a book. Sixty percent of kinder- serve adults who lack sufficient mas- So this is an issue that concerns me gartners—in neighborhoods that per- tery of basic skills to function in soci- deeply. formed poorly in school—did not own a ety, a high school diploma, or basic The CARE Act will provide a valu- single book. English skills. In Montana, 75,000 able weapon in the war to end hunger. The lack of access to books poses the adults aged 25 and over do not have a It will do so by making it easier for greatest barrier to literacy. That is high school diploma or a GED. Twenty- farmers and small businesses to donate why we must change the status quo. five thousand adults have less than a surplus food to our struggling hunger Unfortunately, the tax law functions ninth grade education. relief charities. as a disincentive to the charitable do- Every effort we make to improve Simply put, these difficult economic nation of books to schools, libraries, reading in Montana will suffer if we do times mean that more people are show- and literacy programs. Under the tax not include books in the equation. The ing up to food pantries and soup kitch- law, it is actually more economical to Federal Government granted 36 Mon- ens at a time when these organizations truck books to a dump than it is to tana schools $11 million over 3 years to are struggling the most to meet de- give them to your local school or li- find reading coaches, family literacy mand. brary. programs and tutors. These community groups—usually Through the title I program, how- These grants are so important to consisting solely of volunteers—are ever, we have nearly 15 million young- Montana. But if we fail to supply books often ‘‘first-responders’’ in the battle sters nationwide enrolled. This allows as part of the equation, then the grants against hunger. us to reach at least a portion of the are not put to use in the most efficient The CARE Act will help food pantries disadvantaged children in our country. way. Allowing charitable donations for In my State of Montana, there are an and soup kitchens to keep food on the books ensures that we use taxpayer estimated 35,000 poor children who shelves for hungry families. dollars more effectively. We cannot af- qualify for the title I program. These The CARE Act is also good for Amer- ford not to. children will also benefit from the pro- ica’s struggling farmers and businesses. Madam President, earlier this year, vision in the CARE Act which encour- It helps them do the right thing by do- Senator GRASSLEY and I reintroduced ages the donation of books. For a child nating surplus food that would other- S. 701, the Rural Heritage Conservation who has never owned a book—their wise have been thrown away. Act. This bill will help the nation’s Here is what Peggy Grimes, of the first book is a prized possession. An increase in charitable book con- hard-working farmers and ranchers Montana Food Bank Network has to preserve their heritage and way-of-life. say about the CARE Act: tributions would especially benefit the State of Montana. According to the At the same time, it promotes con- It has come to my attention that these Montana Library Association, the servation of valuable open space and struggling farmers and small grocers do not wildlife habitat. This legislation is in- receive any tax benefit for their increasing Montana State Library has fallen victim to a 26 percent budget cut in 2003. cluded as a provision in the CARE Act. donations. They have been donating out of S. 701 provides targeted income tax concern for their neighbors as they have These reductions will mean less money been hearing reports of increased food inse- for local libraries. And they will mean relief to small farmers and ranchers curity throughout Montana. . . . For Mon- cuts in the State subsidies that cur- who wish to make a charitable con- tana, as an agricultural state, the Care Act rently fund book purchases, inter- tribution of a qualified conservation will be of significant benefit to both those library loans, and audio and other spe- easement. donating food and those in need of food. cial books for the elderly, disabled, and The bill would allow eligible farmers Hunger in America is not a problem sick. and ranchers to increase the currently of lack of food. The USDA estimates According to the Montana Commis- deductible amount for charitable con- that 96 billion pounds of food are sioner of Higher Education, Montana tributions of qualified conservation thrown away each year. universities will also receive fewer easements. That means that farmers This is simply shameful when work- books. In the wake of the latest budget and ranchers can deduct amounts up to ing families are struggling to make cuts, the state legislature has cut uni- 100 percent of adjusted gross income. ends meet. There is a problem when it versity budgets 8.4 percent. That puts The bill also extends the carryover is more profitable to throw away food university funding below 1992 levels. period from 5 years to 15 years. In the than it is to donate it to those who The University of Montana leads the case of all other landowners, the AGI need it. list with a 10.9 percent cut in state limitation would be raised from 30 per- The CARE Act helps solve this prob- money. Followed by Montana State cent to 50 percent. lem by providing incentives to farmers University at a 9.8 percent cut. And Senator GRASSLEY has worked close- and small businesses, whose resources MSUY-Billings at a 8.5 percent cut. ly with me to include the provisions of are also constrained in these economic The libraries at Montana universities S. 701 in the CARE Act. I believe our times. will experience cuts of $1.6 million for bipartisan cooperation is the reason America’s Second Harvest, the na- new materials. why we have come so far in moving tion’s largest anti-hunger charity, esti- These cuts will not only hurt univer- this very important piece of legisla- mates that the CARE Act will result in sities—they will also hurt the pro- tion. enough donated food to provide rough- grams in which university students Passing the provisions in S. 701 will ly 765 million meals over the next 10 participate. For example, the Montana mean that farmers and ranchers facing years. Reads literacy program—started by the potential of having to sell their These results are real, and I am University of Montana President ranch will have another financially proud to support this provision. Dennison in 1997. viable option. Under this proposal, The CARE Act is a win-win-win situ- This program is critical to the 60- they will be able to choose to take ad- ation. It is a win for anti-hunger char- plus University of Montana student vantage of the conservation easement ities that work hard to ensure that volunteers who regularly tutor kinder- incentives, stay on their land, and in- America’s families have food on the garten through fifth grade Missoula vest in their farming or ranching busi- table. students. I think it is simple common ness. It is a win for our farmers and busi- sense that a critical component of any In practical terms, that means these nesses that want to help their neigh- successful literacy program is for the farmers and ranchers do not have to bors in need. And most importantly, it students to have books. These Montana sell the family farm or ranch. They can is a win for America’s low-income fam- tutors depend on book donations to keep it in the family. This is so impor- ilies, who will see food on their tables. help their students. The CARE Act tant to preserving the character and I urge my colleagues to support the helps them to help the elementary kids economic vitality of our rural commu- CARE Act. in Missoula. nities. Madam President, it is a sad fact Of course these donations will also Over the past 25 years, over 3 million that in a large number of homes—par- greatly aid adult literacy. Campaigns acres of agricultural lands have been

VerDate Jan 31 2003 04:10 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.040 S09PT1 S5018 CONGRESSIONAL RECORD — SENATE April 9, 2003 lost to development in Montana alone. children in low-income working fami- The committee has taken time to de- Many of those lands were lost when lies; so that we know those kids are in velop appropriately targeted legisla- family farms—hit hard by tough safe places while their parents work; to tion. Care has been taken to avoid en- times—were forced to give up their assist the disabled so that they can cumbering legitimate business trans- generations’ old farming operations fully participate in our society; to help actions. Nevertheless, we will all be and sell to developers in order to pay parents adopt children, so that every burdened until we get this problem in the bills. child has a loving parent. check. We have to find additional tools to In my State of Montana, we use Without these changes, honest busi- help these folks keep their land in agri- SSBG to help children with develop- nesses will continue to be burdened to cultural production and in open space. mental disabilities, like those with cer- the extent they compete against com- Our legislation provides one of those ebral palsy. panies avoiding taxes. tools. SSBG is ‘‘glue money.’’ Communities Tax shelters are carefully engineered To illustrate why this legislation is use it to fill holes in the safety net. It tax transactions. Most have little or no so important, let me give you an exam- is up to States and localities to decide economic substance. That means that ple of the impact of current law on where it goes. We give them a long they are designed to achieve unwar- farmers and ranchers. menu of options, and they use it the ranted tax benefits rather than busi- Jerry Townsend was born and raised way they see fit, based on local needs. ness profit. And, they place honest tax- on his family’s ranch in Highwood, This bill provides over $1 billion more payers at a considerable disadvantage. Montana. He has operated the ranch in SSBG to fill those holes over 2 As Michael Graetz, Professor of Law since purchasing it from his parents in years. at Yale University, once said: ‘‘a tax 1974. On his ranch, called the Elk Run The goal of the CARE Act is to in- shelter is a deal done by very smart Ranch, he raises commercial beef cat- crease compassionate activity in our people that, absent tax considerations, tle. country. We are a big-hearted country. would be very stupid.’’ In 1995, Mr. TOWNSend donated a con- We want to help each other. This bill It is time to put a stop to the unsa- servation easement to the Montana will help turn more of that desire into vory practice of mining the Tax Code Land Reliance. His ‘‘donation’’ was cal- action and will make sure Government for these abusive shelters. culated at $528,000. However, because is doing its part. These transactions are designed to his ranch is held as a C corporation, his SSBG funds support the activities of take advantage of the complexity of tax deduction was limited to10 percent faith-related charities. We give the the tax law to obtain benefits that of the ranch’s net income. His tax de- money to the States and they often Congress never intended. They pose a real threat to the integ- duction over the six years totaled a contract with faith-related organiza- rity of our self-assessment system by paltry $1,998—less than one percent of tions to do the hands-on work that eroding the public’s respect of the tax the total value of his donation. they do so well. If you want to support In contrast, a landowner with more law. Catholic Charities, then you should Under tax shelter legislation pro- in income would have a much greater support SSBG. If you want to support duced by the Finance Committee, pro- incentive to enter into an easement Lutheran Social Services, then you moters, advisors, and taxpayers would agreement because he or she would be should support SSBG. These organiza- be subject to stiff penalties for failing able to deduct more of the value of the tions have told me that SSBG funds to acknowledge these transactions to donation from their taxes. are crucially important to them. the IRS. S. 701 would do nothing more than The CARE Act is about increased in- Treasury believes that if a taxpayer level the playing field for farmers and dividual giving. That is absolutely feels comfortable entering into a trans- ranchers when it comes to the tax ben- vital. But if the Government does less, action; if a promoter feels comfortable efits of donating conservation ease- then any increase in individual giving selling a transaction; and, an advisor ments. What should matter is the value may only be filling that gap left by the feels comfortable recommending a of your land—not the amount of your withdrawal of the Government. transaction, they should all feel com- income. The additional SSBG funding in this fortable disclosing the transaction to Our conservation easement bill, and bill is our way of saying that the Gov- the IRS. as included in the CARE Act, have been ernment will keep its part of the bar- We have worked closely with the endorsed by 210 land trusts rep- gain and continue to play a role. It is Treasury Department in crafting this resenting 44 States. Other supporters a flexible source of funds, so it won’t be legislation. We have given Treasury au- include the Montana Stockgrowers, the bureaucrats in Washington dictating thority to fine-tune the provisions so American Farmland Trust, and the the money will be used. And much of as to protect legitimate tax planning. Colorado Cattlemen. the funding will go to faith-related But make no mistake, I am com- This is a win-win proposition. Farm- charities—the very organizations we mitted to combating abusive tax trans- ers and ranchers will be able to pre- want to bolster. actions. The tax shelter package is the serve their important agricultural and We haven’t talked much about the first installment. It will not be the ranching lands for future generations. SSBG provision. That is a good sign. last. They will be able to continue to oper- Around here, we tend to talk about the The tax shelter package reinforces ate their businesses. They will be able things we disagree about. I am glad we steps already taken by Treasury by re- to stay on their land. could find common ground on this pro- quiring more transparency. It is a purely voluntary, incentive- vision so easily. I’m sure the faith-re- Taxpayers will now be required to based way to promote conservation. lated charities will thank us for doing disclose certain reportable trans- And it will allow us to bring people to- so. actions on their tax returns or face gether. Landowners. Conservationists. I commend Senators LIEBERMAN and stiff penalties. Promoters will have to The Federal Government. And local SANTORUM for their work on the CARE provide information to IRS on their communities. All working together to Act. tax avoidance strategies or face stiff preserve our precious natural resources Madam President, on February 5, sanctions. and agricultural heritage. 2003, the Finance Committee passed tax These provisions are designed to Madam President, I rise to talk shelter legislation to offset the cost of change the cost-benefit ratio of those about another important, but often the CARE Act. contemplating engaging in egregious overlooked, aspect of the CARE Act ad- How appropriate it is for a bill to en- tax planning strategies. ditional funding for the Social Services courage more charitable giving to be The bill would also eliminate abusive Block Grant, or SSBG. paid for by those shirking their respon- tax shelters by denying tax benefits SSBG funds are very flexible. States sibility to pay their fair share of taxes. with little or no economic substance. can use these funds to assist abused The tax shelter legislation included That means that taxpayers will have children cope with their trauma; to in the CARE Act was developed by the to enter into transactions for legiti- help seniors live at home, instead of Finance Committee over the past 4 mate economic and business reasons nursing homes; to provide day care for years. and not purely for tax avoidance.

VerDate Jan 31 2003 04:10 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.042 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5019 This was the key recommendation meaningful aid to organizations and in- ator from Pennsylvania, because of his made by the Joint Committee on Tax- stitutions that are equipped to help hard work on this legislation. ation in response to the investigation those who need help the most. It also The PRESIDING OFFICER. I ask of Enron’s tax transactions. creates real incentives to encourage those who are speaking to please take Presently, there is lack of uniformity giving and makes it easier for Ameri- their conversations off the floor so we regarding the proper application of the cans to come to the aid of their fellow can hear the Senator from Pennsyl- economic substance doctrine. Some citizens. vania. courts apply a conjunctive test that re- Our country has a history of pulling Mr. SANTORUM. Madam President, I quires a taxpayer to establish the pres- together to help the less fortunate, and thank the chairman and ranking mem- ence of both economic substance and a the religious community and private ber of the Finance Committee for the substantial nontax business purpose. charities are an integral part of these tremendous bipartisan work it took to Other courts have found the existence efforts. bring this bill to the floor, where I of one of these as sufficient to respect I am pleased that the Senate is help- hope we will have a very strong vote on a transaction. ing carry that spirit forward by re- final passage. Particularly I thank the The provision will clarify the appli- affirming the relationship between the Senator from Connecticut, Mr. cation of the doctrine. It does not tell Federal Government and our commu- LIEBERMAN, for his outstanding co- the court when to apply it. nity and faith-based groups. operation and work to make sure this A tax shelter disallowed in New York I want to commend Senator was done in a very strong, bipartisan should not be permitted elsewhere. The LIEBERMAN and Senator SANTORUM for way. clarification ensures uniformity across their leadership on this legislation. the country. Throughout their work, they have Finally, I thank Randy Brandt, from The tax shelter legislation included kept sight of two fundamental goals: my staff, who has put his heart and in the CARE Act is only a down pay- First, increasing assistance to those soul into this legislation and just did ment. It will go a long way toward organizations that lend a hand to those an outstanding job. I thank him and curbing abusive transactions. But it is in need; and second crafting a bill that yield the remainder of my time. not the final answer. reflects the Senate’s strong bipartisan The PRESIDING OFFICER. All time Based on the Joint Committee’s in- support for America’s charities. having been yielded back, the question vestigation of Enron’s tax returns, ad- Today all their hard work is being re- is on the engrossment and third read- ditional steps are needed. The Joint warded. And the result will be commu- ing of the bill. Committee made several specific rec- nity and faith-based groups that are The bill was ordered to be engrossed ommendations for additional changes. better equipped to tackle the chal- for a third reading and was read the We are looking closely at these rec- lenges facing our families and neigh- third time. ommendations. Additional legislation borhoods today. Mr. GRASSLEY. Madam President, will be forthcoming. I am confident we This legislation increases funding for have the yeas and nays been ordered? will make any additional changes with social services block grants and mater- bipartisan support. nity homes that help teen mothers get The PRESIDING OFFICER. They Enron kept the IRS in the dark and their lives back on the right track. It have not. out-maneuvered. The lack of adequate also creates new avenues for giving, by Mr. GRASSLEY. I ask for the yeas disclosure rules and the lack of suffi- making it easier to transfer retirement and nays. cient IRS enforcement resources clear- savings into charitable gifts and by ex- The PRESIDING OFFICER. Is there a ly helped Enron and its executives panding the range of deductible dona- sufficient second? There is a sufficient walk away with millions maybe bil- tions. second. lions. Our legislation would bring more While we are forgoing a stronger re- The bill having been read the third transparency to these Enron-type lationship between the Federal Govern- time, the question is, Shall the bill transactions. The Enron report clearly ment and the faith community, we pass? demonstrates the need for meaningful have been able to accomplish this goal The clerk will call the roll. shelter legislation. without undermining basic constitu- I urge my colleagues to support this tional protections. The legislative clerk called the roll. measure. I was particularly pleased that Sen- The result was announced—yeas 95, Mr. DASCHLE. Madam President, ators SANTORUM and LIEBERMAN were nays 5, as follows: this is an important day for Senate. able to eliminate some of the more di- [Rollcall Vote No. 128 Leg.] As American service men and women visive elements of the version that risk their lives to relieve the suffering passed the House of Representatives. YEAS—95 of an oppressed people in Iraq, the Sen- This compromise package will not Akaka Dole Lincoln ate is setting aside ideological dif- privatize Federal social service pro- Alexander Domenici Lott Allard Dorgan Lugar ferences to energize American compas- grams, or pre-empt State and local Allen Durbin McCain sion to relieve suffering here at home. civil rights laws. These are difficult Baucus Edwards McConnell Over the past few years, the coun- and divisive issues. But American char- Bayh Ensign Mikulski Bennett Feingold try’s economic troubles have carried a ities need help today. And by passing Miller Biden Feinstein Murkowski double sting for America’s charities. this legislation, the Senate sends a Bingaman Fitzgerald Murray While more Americans are in need, message that when our citizens are in Bond Frist Nelson (FL) Boxer Graham (FL) charitable donations have dropped as Nelson (NE) need, we cannot hold aid hostage to Breaux Graham (SC) Pryor families feel the pinch of the economic endless ideological debate. Compassion Brownback Grassley Reed Bunning Gregg downturn. As a result, many charities is not a partisan issue. Reid Burns Hagel have had to cut back on the services All Americans, indeed, all human Roberts Byrd Harkin they provide. That means fewer meals being, are bound by a common com- Campbell Hatch Rockefeller for the hungry, fewer beds for the mandment to pursue justice, love kind- Cantwell Hollings Santorum Carper Hutchison Sarbanes homeless, fewer safe havens for bat- ness, and seek mercy for the oppressed. Schumer tered wives and children. It is a standard that should guide all Chafee Inhofe Chambliss Inouye Sessions This legislation, the CARE Act, ex- our work. Clinton Jeffords Shelby pands our Nation’s capacity to respond Today, with the passage of this bill, Cochran Johnson Smith to the needs of its citizens who need we move a little closer to embodying Coleman Kennedy Snowe Collins Kerry Specter help. With its passage, the Senate adds the spirit of these words, and ever clos- Conrad Kohl Stabenow the resources of the Federal Govern- er to fulfilling our obligation to one Cornyn Kyl Stevens ment to the commitment of our char- another. Corzine Landrieu Sununu ities and faith-based organizations. Mr. GRASSLEY. Madam President, I Daschle Lautenberg Talent Dayton Leahy Voinovich This bill won’t solve every problem yield back all of my time except for 30 DeWine Levin Warner in our cities and towns. But it will get seconds that I want to yield to the Sen- Dodd Lieberman Wyden

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.044 S09PT1 S5020 CONGRESSIONAL RECORD — SENATE April 9, 2003 NAYS—5 Sec. 207. Notification requirement for enti- Sec. 512. Account funds disregarded for pur- Craig Enzi Thomas ties not currently required to poses of certain means-tested Crapo Nickles file. Federal programs. Sec. 208. Suspension of tax-exempt status of TITLE VI—MANAGEMENT OF EXEMPT The bill (S. 476), as amended, was terrorist organizations. passed, as follows: ORGANIZATIONS TITLE III—OTHER CHARITABLE AND Sec. 601. Authorization of appropriations. S. 476 EXEMPT ORGANIZATION PROVISIONS TITLE VII—REVENUE PROVISIONS Be it enacted by the Senate and House of Rep- Sec. 301. Modification of excise tax on unre- resentatives of the United States of America in Subtitle A—Provisions Designed To Curtail lated business taxable income Tax Shelters Congress assembled, of charitable remainder trusts. Sec. 701. Clarification of economic substance SECTION 1. SHORT TITLE; ETC. Sec. 302. Modifications to section 512(b)(13). (a) SHORT TITLE.—This Act may be cited as Sec. 303. Simplification of lobbying expendi- doctrine. Sec. 702. Penalty for failing to disclose re- the ‘‘CARE Act of 2003’’. ture limitation. portable transaction. (b) AMENDMENT OF 1986 CODE.—Except as Sec. 304. Expedited review process for cer- Sec. 703. Accuracy-related penalty for listed otherwise expressly provided, whenever in tain tax-exemption applica- transactions and other report- this Act an amendment or repeal is ex- tions. able transactions having a sig- pressed in terms of an amendment to, or re- Sec. 305. Clarification of definition of church nificant tax avoidance purpose. peal of, a section or other provision, the ref- tax inquiry. Sec. 704. Penalty for understatements at- erence shall be considered to be made to a Sec. 306. Expansion of declaratory judgment tributable to transactions lack- section or other provision of the Internal remedy to tax-exempt organiza- Revenue Code of 1986. ing economic substance, etc. tions. Sec. 705. Modifications of substantial under- (c) TABLE OF CONTENTS.—The table of con- Sec. 307. Definition of convention or associa- tents for this Act is as follows: statement penalty for non- tion of churches. reportable transactions. Sec. 1. Short title; etc. Sec. 308. Payments by charitable organiza- Sec. 706. Tax shelter exception to confiden- TITLE I—CHARITABLE GIVING tions to victims of war on ter- tiality privileges relating to INCENTIVES rorism and families of astro- taxpayer communications. Sec. 101. Deduction for portion of charitable nauts killed in the line of duty. Sec. 707. Disclosure of reportable trans- contributions to be allowed to Sec. 309. Modification of scholarship founda- actions. individuals who do not itemize tion rules. Sec. 708. Modifications to penalty for failure deductions. Sec. 310. Treatment of certain hospital sup- to register tax shelters. Sec. 102. Tax-free distributions from indi- port organizations as qualified Sec. 709. Modification of penalty for failure vidual retirement accounts for organizations for purposes of to maintain lists of investors. charitable purposes. determining acquisition indebt- Sec. 710. Modification of actions to enjoin Sec. 103. Charitable deduction for contribu- edness. certain conduct related to tax tions of food inventories. Sec. 311. Charitable contribution deduction shelters and reportable trans- Sec. 104. Charitable deduction for contribu- for certain expenses incurred in actions. tions of book inventories. support of Native Alaskan sub- Sec. 711. Understatement of taxpayer’s li- Sec. 105. Expansion of charitable contribu- sistence whaling. ability by income tax return tion allowed for scientific prop- Sec. 312. Matching grants to low-income preparer. erty used for research and for taxpayer clinics for return Sec. 712. Penalty on failure to report inter- computer technology and preparation. ests in foreign financial ac- equipment used for educational Sec. 313. Exemption of qualified 501(c)(3) counts. purposes. bonds for nursing homes from Sec. 713. Frivolous tax submissions. Sec. 106. Modifications to encourage con- Federal guarantee prohibitions. Sec. 714. Regulation of individuals prac- tributions of capital gain real Sec. 314. Excise taxes exemption for blood ticing before the Department of property made for conservation collector organizations. Treasury. purposes. Sec. 315. Pilot project for forest conserva- Sec. 715. Penalty on promoters of tax shel- Sec. 107. Exclusion of 25 percent of gain on tion activities. ters. sales or exchanges of land or Sec. 316. Clarification of treatment of John- Sec. 716. Statute of limitations for taxable water interests to eligible enti- ny Micheal Spann Patriot years for which listed trans- ties for conservation purposes. Trusts. actions not reported. Sec. 108. Tax exclusion for cost-sharing pay- TITLE IV—SOCIAL SERVICES BLOCK Sec. 717. Denial of deduction for interest on ments under Partners for Fish GRANT underpayments attributable to nondisclosed reportable and and Wildlife Program. Sec. 401. Restoration of funds for the Social Sec. 109. Adjustment to basis of S corpora- noneconomic substance trans- Services Block Grant. tion stock for certain chari- actions. Sec. 402. Restoration of authority to trans- table contributions. Sec. 718. Authorization of appropriations for fer up to 10 percent of TANF Sec. 110. Enhanced deduction for charitable tax law enforcement. funds to the Social Services contribution of literary, musi- Block Grant. Subtitle B—Other Provisions cal, artistic, and scholarly com- Sec. 403. Requirement to submit annual re- Sec. 721. Affirmation of consolidated return positions. port on State activities. regulation authority. Sec. 111. Mileage reimbursements to chari- Sec. 722. Signing of corporate tax returns by table volunteers excluded from TITLE V—INDIVIDUAL DEVELOPMENT ACCOUNTS chief executive officer. gross income. Sec. 723. Securities civil enforcement provi- Sec. 112. Extension of enhanced deduction Sec. 501. Short title. sions. for inventory to include public Sec. 502. Purposes. Sec. 724. Review of State agency blindness schools. Sec. 503. Definitions. and disability determinations. Sec. 113. 10-year divestiture period for cer- Sec. 504. Structure and administration of TITLE VIII—COMPASSION CAPITAL FUND tain excess business holdings of qualified individual develop- private foundations ment account programs. Sec. 801. Support for nonprofit community- TITLE II—PROPOSALS IMPROVING THE Sec. 505. Procedures for opening and main- based organizations; Depart- OVERSIGHT OF TAX-EXEMPT ORGANI- taining an individual development of Health and Human ZATIONS ment account and qualifying Services. Sec. 802. Support for nonprofit community- Sec. 201. Disclosure of written determina- for matching funds. based organizations; Corpora- tions. Sec. 506. Deposits by qualified individual de- tion for National and Commu- Sec. 202. Disclosure of Internet web site and velopment account programs. nity Service. name under which organization Sec. 507. Withdrawal procedures. Sec. 803. Support for nonprofit community- does business. Sec. 508. Certification and termination of based organizations; Depart- Sec. 203. Modification to reporting capital qualified individual development of Justice. transactions. ment account programs. Sec. 804. Support for nonprofit community- Sec. 204. Disclosure that Form 990 is pub- Sec. 509. Reporting, monitoring, and evalua- based organizations; Depart- licly available. tion. Sec. 205. Disclosure to State officials of pro- Sec. 510. Authorization of appropriations. ment of Housing and Urban De- posed actions related to section Sec. 511. Matching funds for individual development. Sec. 805. Coordination. 501(c) organizations. velopment accounts provided Sec. 206. Expansion of penalties to preparers through a tax credit for quali- TITLE IX—MATERNITY GROUP HOMES of Form 990. fied financial institutions. Sec. 901. Maternity group homes.

VerDate Jan 31 2003 04:10 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.033 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5021 TITLE I—CHARITABLE GIVING ‘‘(II) to a split-interest entity, and ‘‘(i) a charitable remainder annuity trust INCENTIVES ‘‘(ii) which is made on or after— or a charitable remainder unitrust (as such SEC. 101. DEDUCTION FOR PORTION OF CHARI- ‘‘(I) in the case of any distribution de- terms are defined in section 664(d)) which TABLE CONTRIBUTIONS TO BE AL- scribed in clause (i)(I), the date that the in- must be funded exclusively by qualified char- LOWED TO INDIVIDUALS WHO DO dividual for whose benefit the account is itable distributions, NOT ITEMIZE DEDUCTIONS. maintained has attained age 701⁄2, and ‘‘(ii) a pooled income fund (as defined in (a) IN GENERAL.—Section 170 (relating to ‘‘(II) in the case of any distribution de- section 642(c)(5)), but only if the fund ac- charitable, etc., contributions and gifts) is scribed in clause (i)(II), the the date that counts separately for amounts attributable amended by redesignating subsection (m) as such individual has attained age 591⁄2. to qualified charitable distributions, and subsection (n) and by inserting after sub- A distribution shall be treated as a qualified ‘‘(iii) a charitable gift annuity (as defined section (l) the following new subsection: charitable distribution only to the extent in section 501(m)(5)).’’. ‘‘(m) DEDUCTION FOR INDIVIDUALS NOT that the distribution would be includible in (b) MODIFICATIONS RELATING TO INFORMA- ITEMIZING DEDUCTIONS.—In the case of an in- gross income without regard to subpara- TION RETURNS BY CERTAIN TRUSTS.— dividual who does not itemize deductions for graph (A) and, in the case of a distribution to (1) RETURNS.—Section 6034 (relating to re- any taxable year, there shall be taken into a split-interest entity, only if no person turns by trusts described in section 4947(a)(2) account as a direct charitable deduction holds an income interest in the amounts in or claiming charitable deductions under sec- under section 63 an amount equal to the the split-interest entity attributable to such tion 642(c)) is amended to read as follows: amount allowable under subsection (a) for distribution other than one or more of the ‘‘SEC. 6034. RETURNS BY TRUSTS DESCRIBED IN the taxable year for cash contributions, to following: the individual for whose benefit SECTION 4947(a)(2) OR CLAIMING the extent that such contributions exceed such account is maintained, the spouse of CHARITABLE DEDUCTIONS UNDER $250 ($500 in the case of a joint return) but do such individual, or any organization de- SECTION 642(c). not exceed $500 ($1,000 in the case of a joint scribed in section 170(c). ‘‘(a) TRUSTS DESCRIBED IN SECTION return).’’. ‘‘(C) CONTRIBUTIONS MUST BE OTHERWISE DE- 4947(a)(2).—Every trust described in section (b) DIRECT CHARITABLE DEDUCTION.— DUCTIBLE.—For purposes of this paragraph— 4947(a)(2) shall furnish such information with (1) IN GENERAL.—Subsection (b) of section ‘‘(i) DIRECT CONTRIBUTIONS.—A distribution respect to the taxable year as the Secretary 63 (defining taxable income) is amended by may by forms or regulations require. striking ‘‘and’’ at the end of paragraph (1), to an organization described in section 170(c) shall be treated as a qualified charitable dis- ‘‘(b) TRUSTS CLAIMING A CHARITABLE DE- by striking the period at the end of para- DUCTION UNDER SECTION 642(c).— graph (2) and inserting ‘‘, and’’, and by add- tribution only if a deduction for the entire distribution would be allowable under sec- ‘‘(1) IN GENERAL.—Every trust not required ing at the end the following new paragraph: to file a return under subsection (a) but ‘‘(3) the direct charitable deduction.’’. tion 170 (determined without regard to subsection (b) thereof and this paragraph). claiming a deduction under section 642(c) for (2) DEFINITION.—Section 63 is amended by the taxable year shall furnish such informa- redesignating subsection (g) as subsection ‘‘(ii) SPLIT-INTEREST GIFTS.—A distribution to a split-interest entity shall be treated as tion with respect to such taxable year as the (h) and by inserting after subsection (f) the Secretary may by forms or regulations pre- following new subsection: a qualified charitable distribution only if a deduction for the entire value of the interest scribe, including— ‘‘(g) DIRECT CHARITABLE DEDUCTION.—For ‘‘(A) the amount of the deduction taken purposes of this section, the term ‘direct in the distribution for the use of an organization described in section 170(c) would be al- under section 642(c) within such year, charitable deduction’ means that portion of ‘‘(B) the amount paid out within such year the amount allowable under section 170(a) lowable under section 170 (determined without regard to subsection (b) thereof and this which represents amounts for which deduc- which is taken as a direct charitable deductions under section 642(c) have been taken in tion for the taxable year under section paragraph). ‘‘(D) APPLICATION OF SECTION 72.—Notwith- prior years, 170(m).’’. ‘‘(C) the amount for which such deductions ONFORMING AMENDMENT.—Subsection standing section 72, in determining the ex- (3) C have been taken in prior years but which has (d) of section 63 is amended by striking tent to which a distribution is a qualified not been paid out at the beginning of such ‘‘and’’ at the end of paragraph (1), by strik- charitable distribution, the entire amount of year, ing the period at the end of paragraph (2) and the distribution shall be treated as includ- ‘‘(D) the amount paid out of principal in inserting ‘‘, and’’, and by adding at the end ible in gross income without regard to sub- the current and prior years for the purposes the following new paragraph: paragraph (A) to the extent that such described in section 642(c), ‘‘(3) the direct charitable deduction.’’. amount does not exceed the aggregate ‘‘(E) the total income of the trust within (c) STUDY.— amount which would have been so includible such year and the expenses attributable (1) IN GENERAL.—The Secretary of the if all amounts were distributed from all indi- thereto, and Treasury shall study the effect of the amend- vidual retirement accounts treated as 1 con- ‘‘(F) a balance sheet showing the assets, li- ments made by this section on increased tract under paragraph (2)(A) for purposes of abilities, and net worth of the trust as of the charitable giving and taxpayer compliance, determining the inclusion on such distribu- beginning of such year. including a comparison of taxpayer compli- tion under section 72. Proper adjustments ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not ance between taxpayers who itemize their shall be made in applying section 72 to other apply to a trust for any taxable year if— charitable contributions and taxpayers who distributions in such taxable year and subse- ‘‘(A) all the net income for such year, de- claim a direct charitable deduction. quent taxable years. termined under the applicable principles of (2) REPORT.—By not later than December ‘‘(E) SPECIAL RULES FOR SPLIT-INTEREST EN- the law of trusts, is required to be distrib- 31, 2004, the Secretary of the Treasury shall TITIES.— uted currently to the beneficiaries, or report on the study required under para- ‘‘(i) CHARITABLE REMAINDER TRUSTS.—Not- ‘‘(B) the trust is described in section graph (1) to the Committee on Finance of the withstanding section 664(b), distributions 4947(a)(1).’’. Senate and the Committee on Ways and made from a trust described in subparagraph (2) INCREASE IN PENALTY RELATING TO FIL- Means of the House of Representatives. (G)(i) shall be treated as ordinary income in ING OF INFORMATION RETURN BY SPLIT-INTER- (d) EFFECTIVE DATE.—The amendments the hands of the beneficiary to whom is paid made by this section shall apply to taxable the annuity described in section 664(d)(1)(A) EST TRUSTS.—Paragraph (2) of section 6652(c) years beginning after December 31, 2002, and or the payment described in section (relating to returns by exempt organizations before January 1, 2005. 664(d)(2)(A). and by certain trusts) is amended by adding at the end the following new subparagraph: SEC. 102. TAX-FREE DISTRIBUTIONS FROM INDI- ‘‘(ii) POOLED INCOME FUNDS.—No amount VIDUAL RETIREMENT ACCOUNTS shall be includible in the gross income of a ‘‘(C) SPLIT-INTEREST TRUSTS.—In the case FOR CHARITABLE PURPOSES. pooled income fund (as defined in subpara- of a trust which is required to file a return (a) IN GENERAL.—Subsection (d) of section graph (G)(ii)) by reason of a qualified chari- under section 6034(a), subparagraphs (A) and 408 (relating to individual retirement ac- table distribution to such fund, and all dis- (B) of this paragraph shall not apply and counts) is amended by adding at the end the tributions from the fund which are attrib- paragraph (1) shall apply in the same manner following new paragraph: utable to qualified charitable distributions as if such return were required under section ‘‘(8) DISTRIBUTIONS FOR CHARITABLE PUR- shall be treated as ordinary income to the 6033, except that— POSES.— beneficiary. ‘‘(i) the 5 percent limitation in the second ‘‘(A) IN GENERAL.—No amount shall be in- ‘‘(iii) CHARITABLE GIFT ANNUITIES.—Quali- sentence of paragraph (1)(A) shall not apply, cludible in gross income by reason of a qualified charitable distributions made for a char- ‘‘(ii) in the case of any trust with gross in- fied charitable distribution. itable gift annuity shall not be treated as an come in excess of $250,000, the first sentence ‘‘(B) QUALIFIED CHARITABLE DISTRIBUTION.— investment in the contract. of paragraph (1)(A) shall be applied by sub- For purposes of this paragraph, the term ‘‘(F) DENIAL OF DEDUCTION.—Qualified char- stituting ‘$100’ for ‘$20’, and the second sen- ‘qualified charitable distribution’ means any itable distributions shall not be taken into tence thereof shall be applied by substituting distribution from an individual retirement account in determining the deduction under ‘$50,000’ for ‘$10,000’, and account— section 170. ‘‘(iii) the third sentence of paragraph (1)(A) ‘‘(i) which is made directly by the trustee— ‘‘(G) SPLIT-INTEREST ENTITY DEFINED.—For shall be disregarded. ‘‘(I) to an organization described in section purposes of this paragraph, the term ‘split- In addition to any penalty imposed on the 170(c), or interest entity’ means— trust pursuant to this subparagraph, if the

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.132 S09PT1 S5022 CONGRESSIONAL RECORD — SENATE April 9, 2003 person required to file such return know- food items (as to both type and quality) are years preceding the contribution of such a ingly fails to file the return, such penalty sold by the taxpayer at the time of the con- book.’’. shall also be imposed on such person who tribution (or, if not so sold at such time, in (b) EFFECTIVE DATE.—The amendments shall be personally liable for such penalty.’’. the recent past). made by this section shall apply to contribu- (3) CONFIDENTIALITY OF NONCHARITABLE ‘‘(E) APPARENTLY WHOLESOME FOOD.—For tions made after the date of the enactment BENEFICIARIES.—Subsection (b) of section purposes of this paragraph, the term ‘appar- of this Act 6104 (relating to inspection of annual infor- ently wholesome food’ has the meaning given SEC. 105. EXPANSION OF CHARITABLE CON- mation returns) is amended by adding at the such term by section 22(b)(2) of the Bill TRIBUTION ALLOWED FOR SCI- end the following new sentence: ‘‘In the case Emerson Good Samaritan Food Donation ENTIFIC PROPERTY USED FOR RE- of a trust which is required to file a return Act (42 U.S.C. 1791(b)(2)), as in effect on the SEARCH AND FOR COMPUTER TECH- under section 6034(a), this subsection shall date of the enactment of this paragraph.’’. NOLOGY AND EQUIPMENT USED FOR EDUCATIONAL PURPOSES. not apply to information regarding bene- (b) EFFECTIVE DATE.—The amendment (a) SCIENTIFIC PROPERTY USED FOR RE- ficiaries which are not organizations de- made by this section shall apply to contribu- SEARCH.— scribed in section 170(c).’’. tions made after the date of the enactment (1) IN GENERAL.—Clause (ii) of section (c) EFFECTIVE DATES.— of this Act. 170(e)(4)(B) (defining qualified research con- (1) SUBSECTION (a).—The amendment made SEC. 104. CHARITABLE DEDUCTION FOR CON- by subsection (a) shall apply to distribu- TRIBUTIONS OF BOOK INVEN- tributions) is amended by inserting ‘‘or as- tions— TORIES. sembled’’ after ‘‘constructed’’. (a) IN GENERAL.—Section 170(e)(3) (relating ONFORMING AMENDMENT.—Clause (iii) of (A) described in section 408(d)(8)(B)(i)(I) of (2) C to certain contributions of ordinary income section 170(e)(4)(B) is amended by inserting the Internal Revenue Code of 1986, as added and capital gain property) is amended by re- by this section, made after the date of the ‘‘or assembling’’ after ‘‘construction’’. designating subparagraph (C) as subpara- (b) COMPUTER TECHNOLOGY AND EQUIPMENT enactment of this Act, and graph (D) and by inserting after subpara- FOR EDUCATIONAL PURPOSES.— (B) described in section 408(d)(8)(B)(i)(II) of graph (B) the following new subparagraph: (1) IN GENERAL.—Clause (ii) of section such Code, as so added, made after December ‘‘(C) SPECIAL RULE FOR CONTRIBUTIONS OF 170(e)(6)(B) is amended by inserting ‘‘or as- 31, 2003. BOOK INVENTORY FOR EDUCATIONAL PUR- sembled’’ after ‘‘constructed’’ and ‘‘or assem- (2) SUBSECTION (b).—The amendments made POSES.— bling’’ after ‘‘construction’’. by subsection (b) shall apply to returns for ‘‘(i) CONTRIBUTIONS OF BOOK INVENTORY.—In (2) SPECIAL RULE EXTENDED.—Section taxable years beginning after December 31, determining whether a qualified book con- 170(e)(6)(G) is amended by striking ‘‘2003’’ 2003. tribution is a qualified contribution, sub- and inserting ‘‘2005’’. SEC. 103. CHARITABLE DEDUCTION FOR CON- paragraph (A) shall be applied without re- (3) CONFORMING AMENDMENTS.—Subpara- TRIBUTIONS OF FOOD INVENTORIES. gard to whether— graph (D) of section 170(e)(6) is amended by (a) IN GENERAL.—Subsection (e) of section ‘‘(I) the donee is an organization described inserting ‘‘or assembled’’ after ‘‘con- 170 (relating to certain contributions of ordi- in the matter preceding clause (i) of subpara- structed’’ and ‘‘or assembling’’ after ‘‘con- nary income and capital gain property) is graph (A), and struction’’. amended by adding at the end the following ‘‘(II) the property is to be used by the (c) EFFECTIVE DATE.—The amendments new paragraph: donee solely for the care of the ill, the needy, made by this section shall apply to taxable PPLICATION OF PARAGRAPH (3) TO CER- ‘‘(7) A or infants. years beginning after December 31, 2002. TAIN CONTRIBUTIONS OF FOOD INVENTORY.—For ‘‘(ii) AMOUNT OF REDUCTION.—Notwith- purposes of this section— SEC. 106. MODIFICATIONS TO ENCOURAGE CON- standing subparagraph (B), the amount of TRIBUTIONS OF CAPITAL GAIN REAL ‘‘(A) EXTENSION TO INDIVIDUALS.—In the the reduction determined under paragraph PROPERTY MADE FOR CONSERVA- case of a charitable contribution of appar- (1)(A) shall not exceed the amount by which TION PURPOSES. ently wholesome food— the fair market value of the contributed (a) IN GENERAL.—Section 170(h) (relating to ‘‘(i) paragraph (3)(A) shall be applied with- property (as determined by the taxpayer qualified conservation contribution) is out regard to whether the contribution is using a bona fide published market price for amended by adding at the end the following made by a C corporation, and such book) exceeds twice the basis of such new paragraph: ‘‘(ii) in the case of a taxpayer other than a property. ‘‘(7) ADDITIONAL INCENTIVES FOR QUALIFIED C corporation, the aggregate amount of such ‘‘(iii) QUALIFIED BOOK CONTRIBUTION.—For CONSERVATION CONTRIBUTIONS.— contributions from any trade or business (or purposes of this paragraph, the term ‘quali- ‘‘(A) IN GENERAL.—In the case of any quali- interest therein) of the taxpayer for any tax- fied book contribution’ means a charitable fied conservation contribution (as defined in able year which may be taken into account contribution of books, but only if the re- paragraph (1)) made by an individual— under this section shall not exceed 10 percent quirements of clauses (iv) and (v) are met. ‘‘(i) subparagraph (C) of subsection (b)(1) of the taxpayer’s net income from any such ‘‘(iv) IDENTITY OF DONEE.—The requirement shall not apply, trade or business, computed without regard of this clause is met if the contribution is to ‘‘(ii) except as provided in subparagraph to this section, for such taxable year. an organization— (B)(i), subsections (b)(1)(A) and (d)(1) shall be ‘‘(B) LIMITATION ON REDUCTION.—In the case ‘‘(I) described in subclause (I) or (III) of applied separately with respect to such con- of a charitable contribution of apparently paragraph (6)(B)(i), or tributions by treating references to 50 per- wholesome food, notwithstanding paragraph ‘‘(II) described in section 501(c)(3) and ex- cent of the taxpayer’s contribution base as (3)(B), the amount of the reduction deter- empt from tax under section 501(a) (other references to the amount of such base re- mined under paragraph (1)(A) shall not ex- than a private foundation, as defined in sec- duced by the amount of other contributions ceed the amount by which the fair market tion 509(a), which is not an operating founda- allowable under subsection (b)(1)(A), and value of such property exceeds twice the tion, as defined in section 4942(j)(3)), which is ‘‘(iii) subparagraph (A) of subsection (d)(1) basis of such property. organized primarily to make books available shall be applied— ‘‘(C) DETERMINATION OF BASIS.—If a tax- to the general public at no cost or to operate ‘‘(I) by substituting ‘15 succeeding taxable payer— a literacy program. years’ for ‘5 succeeding taxable years’, and ‘‘(i) does not account for inventories under ‘‘(v) CERTIFICATION BY DONEE.—The require- ‘‘(II) by applying clause (ii) to each of the section 471, and ment of this clause is met if, in addition to 15 succeeding taxable years. ‘‘(ii) is not required to capitalize indirect the certifications required by subparagraph ‘‘(B) SPECIAL RULES FOR ELIGIBLE FARMERS costs under section 263A, (A) (as modified by this subparagraph), the AND RANCHERS.— the taxpayer may elect, solely for purposes donee certifies in writing that— ‘‘(i) IN GENERAL.—In the case of any such of paragraph (3)(B), to treat the basis of any ‘‘(I) the books are suitable, in terms of cur- contributions by a taxpayer who is an eligi- apparently wholesome food as being equal to rency, content, and quantity, for use in the ble farmer or rancher for the taxable year in 25 percent of the fair market value of such donee’s educational programs, and which such contributions are made— food. ‘‘(II) the donee will use the books in its ‘‘(I) if the taxpayer is an individual, sub- ‘‘(D) DETERMINATION OF FAIR MARKET educational programs. sections (b)(1)(A) and (d)(1) shall be applied VALUE.—In the case of a charitable contribu- ‘‘(vi) BONA FIDE PUBLISHED MARKET PRICE.— separately with respect to such contribution of apparently wholesome food which is a For purposes of this subparagraph, the term tions by substituting ‘the taxpayer’s con- qualified contribution (within the meaning ‘bona fide published market price’ means, tribution base reduced by the amount of of paragraph (3), as modified by subpara- with respect to any book, a price— other contributions allowable under sub- graph (A) of this paragraph) and which, sole- ‘‘(I) determined using the same printing section (b)(1)(A)’ for ‘50 percent of the tax- ly by reason of internal standards of the tax- and edition, payer’s contribution base’ each place it ap- payer or lack of market, cannot or will not ‘‘(II) determined in the usual market in pears, and be sold, the fair market value of such con- which such a book has been customarily sold ‘‘(II) if the taxpayer is a corporation, sub- tribution shall be determined— by the taxpayer, and sections (b)(2) and (d)(2) shall be applied sep- ‘‘(i) without regard to such internal stand- ‘‘(III) for which the taxpayer can dem- arately with respect to such contributions, ards or such lack of market and onstrate to the satisfaction of the Secretary subsection (b)(2) shall be applied with re- ‘‘(ii) by taking into account the price at that the taxpayer customarily sold such spect to such contributions as if such sub- which the same or substantially the same books in arm’s length transactions within 7 section did not contain the words ‘10 percent

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.132 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5023 of’ and as if subparagraph (A) thereof read such transferee provides the taxpayer with a fined in section 1361(a)(2)) if, as of the date of ‘the deduction under this section for quali- qualifying letter of intent. the conservation sale— fied conservation contributions’, and rules ‘‘(3) NONAPPLICATION TO CERTAIN SALES.— ‘‘(A) the fair market value of the corpora- similar to the rules of subparagraph (A)(iii) The sale or exchange is not made pursuant tion’s interests in land or water held by the shall apply for purposes of subsection (d)(2). to an order of condemnation or eminent do- corporation at all times during the preceding ‘‘(ii) DEFINITION.—For purposes of clause main. 5 years equals or exceeds 90 percent of the (i), the term ‘eligible farmer or rancher’ ‘‘(4) CONTROLLING INTEREST IN STOCK SALE fair market value of all of such corporation’s means a taxpayer whose gross income from REQUIRED.—In the case of the sale or ex- assets, and the trade or business of farming (within the change of stock in a qualifying land or water ‘‘(B) not more than 50 percent of the total meaning of section 2032A(e)(5)) is at least 51 corporation, at the end of the taxpayer’s tax- fair market value of such corporation’s as- percent of the taxpayer’s gross income for able year in which such sale or exchange oc- sets consists of water rights or infrastruc- the taxable year, and, in the case of a C cor- curs, the transferee’s ownership of stock in ture related to the delivery of water, or both. poration, the stock of which is not publicly such corporation meets the requirements of ‘‘(f) TAX ON SUBSEQUENT TRANSFERS OR RE- traded on a recognized exchange.’’. section 1504(a)(2) (determined by sub- MOVALS OF CONSERVATION RESTRICTIONS.— (b) EFFECTIVE DATE.—The amendment stituting ‘90 percent’ for ‘80 percent’ each ‘‘(1) IN GENERAL.—A tax is hereby imposed made by this section shall apply to contribu- place it appears). on any subsequent— tions made after the date of the enactment ‘‘(d) LONG-HELD QUALIFYING LAND OR ‘‘(A) transfer by an eligible entity of own- of this Act. WATER INTEREST.—For purposes of this sec- ership or possession, whether by sale, ex- SEC. 107. EXCLUSION OF 25 PERCENT OF GAIN ON tion— change, or lease, of property acquired di- SALES OR EXCHANGES OF LAND OR ‘‘(1) IN GENERAL.—The term ‘long-held WATER INTERESTS TO ELIGIBLE EN- qualifying land or water interest’ means any rectly or indirectly in— TITIES FOR CONSERVATION PUR- qualifying land or water interest owned by ‘‘(i) a conservation sale described in sub- POSES. the taxpayer or a member of the taxpayer’s section (a), or (a) IN GENERAL.—Part III of subchapter B family (as defined in section 2032A(e)(2)) at ‘‘(ii) a transfer described in clause (i), (ii), of chapter 1 (relating to items specifically all times during the 5-year period ending on or (iii) of paragraph (4)(A), or excluded from gross income) is amended by the date of the sale. ‘‘(B) removal of a conservation restriction inserting after section 121 the following new ‘‘(2) QUALIFYING LAND OR WATER INTER- contained in an instrument of conveyance of section: EST.— such property. ‘‘SEC. 121A. 25-PERCENT EXCLUSION OF GAIN ON ‘‘(A) IN GENERAL.—The term ‘qualifying ‘‘(2) AMOUNT OF TAX.—The amount of tax SALES OR EXCHANGES OF LAND OR land or water interest’ means a real property imposed by paragraph (1) on any transfer or WATER INTERESTS TO ELIGIBLE EN- removal shall be equal to the sum of— TITIES FOR CONSERVATION PUR- interest which constitutes— POSES. ‘‘(i) a taxpayer’s entire interest in land, ‘‘(A) either— ‘‘(i) 20 percent of the fair market value (de- ‘‘(a) EXCLUSION.—Gross income shall not ‘‘(ii) a taxpayer’s entire interest in water include 25 percent of the qualifying gain rights, termined at the time of the transfer) of the from a conservation sale of a long-held quali- ‘‘(iii) a qualified real property interest (as property the ownership or possession of fying land or water interest. defined in section 170(h)(2)), or which is transferred, or ‘‘(b) QUALIFYING GAIN.—For purposes of ‘‘(iv) stock in a qualifying land or water ‘‘(ii) 20 percent of the fair market value this section— corporation. (determined at the time immediately after ‘‘(1) IN GENERAL.—The term ‘qualifying ‘‘(B) ENTIRE INTEREST.—For purposes of the removal) of the property upon which the gain’ means any gain which would be recog- clause (i) or (ii) of subparagraph (A)— conservation restriction was removed, plus nized as long-term capital gain, reduced by ‘‘(i) a partial interest in land or water is ‘‘(B) the product of— the amount of any long-term capital gain at- not a taxpayer’s entire interest if an interest ‘‘(i) the highest rate of tax specified in sec- tributable to disqualified improvements. in land or water was divided in order to cretion 11, times ‘‘(2) DISQUALIFIED IMPROVEMENT.—For pur- ate such partial interest in order to avoid ‘‘(ii) any gain or income realized by the poses of paragraph (1), the term ‘disqualified the requirements of such clause or section transferor or person removing such restric- improvement’ means any building, structure, 170(f)(3)(A), and tion as a result of the transfer or removal. or other improvement, other than— ‘‘(ii) a taxpayer’s entire interest in certain ‘‘(3) LIABILITY.—The tax imposed by para- ‘‘(A) any improvement which is described land does not fail to satisfy subparagraph graph (1) shall be paid— in section 175(c)(1), determined— (A)(i) solely because the taxpayer has re- ‘‘(A) on any transfer, by the transferor, and ‘‘(i) without regard to the requirements tained an interest in other land, even if the ‘‘(B) on any removal of a conservation re- that the taxpayer be engaged in farming, and other land is contiguous with such certain striction contained in an instrument of con- ‘‘(ii) without taking into account subpara- land and was acquired by the taxpayer along veyance, by the person removing such re- graphs (A) and (B) thereof, or with such certain land in a single convey- striction. ‘‘(B) any improvement which the Secretary ance. ‘‘(4) RELIEF FROM LIABILITY.—The person determines directly furthers conservation ‘‘(e) OTHER DEFINITIONS.—For purposes of (otherwise liable for any tax imposed by purposes. this section— paragraph (1)) shall be relieved of liability ‘‘(3) SPECIAL RULE FOR SALES OF STOCK.—If ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible for the tax imposed by paragraph (1)— the long-held qualifying land or water inter- entity’ means— ‘‘(A) with respect to any transfer if— est is 1 or more shares of stock in a quali- ‘‘(A) a governmental unit referred to in ‘‘(i) the transferee is an eligible entity fying land or water corporation, the quali- section 170(c)(1), or an agency or department which provides such person, at the time of fying gain is equal to the lesser of— thereof operated primarily for 1 or more of transfer, a qualifying letter of intent, ‘‘(A) the qualifying gain determined under the conservation purposes specified in clause ‘‘(ii) in any case where the transferee is paragraph (1), or (i), (ii), or (iii) of section 170(h)(4)(A), or not an eligible entity, it is established to the ‘‘(B) the product of— ‘‘(B) an entity which is— satisfaction of the Secretary, that the trans- ‘‘(i) the percentage of such corporation’s ‘‘(i) described in section 170(b)(1)(A)(vi) or fer of ownership or possession, as the case stock which is transferred by the taxpayer, section 170(h)(3)(B), and may be, will be consistent with section times ‘‘(ii) organized and at all times operated 170(h)(5), and the transferee provides such ‘‘(ii) the amount which would have been primarily for 1 or more of the conservation person, at the time of transfer, a qualifying the qualifying gain (determined under para- purposes specified in clause (i), (ii), or (iii) of letter of intent, or graph (1)) if there had been a conservation section 170(h)(4)(A). ‘‘(iii) tax has previously been paid under sale by such corporation of all of its inter- ‘‘(2) QUALIFYING LETTER OF INTENT.—The this subsection as a result of a prior transfer ests in the land and water for a price equal term ‘qualifying letter of intent’ means a of ownership or possession of the same prop- to the product of the fair market value of written letter of intent which includes the erty, or such interests times the ratio of— following statement: ‘The transferee’s intent ‘‘(B) with respect to any removal of a con- ‘‘(I) the proceeds of the conservation sale is that this acquisition will serve 1 or more servation restriction contained in an instru- of the stock, to of the conservation purposes specified in ment of conveyance, if it is established to ‘‘(II) the fair market value of the stock clause (i), (ii), or (iii) of section 170(h)(4)(A) the satisfaction of the Secretary that the re- which was the subject of the conservation of the Internal Revenue Code of 1986, that tention of the restriction was impracticable sale. the transferee’s use of the property so ac- or impossible and the proceeds continue to ‘‘(c) CONSERVATION SALE.—For purposes of quired will be consistent with section be used in a manner consistent with 1 or this section, the term ‘conservation sale’ 170(h)(5) of such Code, and that the use of the more of the conservation purposes specified means a sale or exchange which meets the property will continue to be consistent with in clause (i), (ii), or (iii) of section following requirements: such section, even if ownership or possession 170(h)(4)(A). ‘‘(1) TRANSFEREE IS AN ELIGIBLE ENTITY.— of such property is subsequently transferred ‘‘(5) ADMINISTRATIVE PROVISIONS.—For pur- The transferee of the long-held qualifying to another person.’ poses of subtitle F, the taxes imposed by this land or water interest is an eligible entity. ‘‘(3) QUALIFYING LAND OR WATER CORPORA- subsection shall be treated as excise taxes ‘‘(2) QUALIFYING LETTER OF INTENT RE- TION.—The term ‘qualifying land or water with respect to which the deficiency proce- QUIRED.—At the time of the sale or exchange, corporation’ means a C corporation (as de- dures of such subtitle apply.

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‘‘(6) REPORTING.—The Secretary may re- cordance with the regulations under this sec- automobile for the benefit of such organiza- quire such reporting as may be necessary or tion, and tion. The preceding sentence shall apply only appropriate to further the purpose under this ‘‘(II) attaches to the taxpayer’s income tax to the extent that the expenses which are re- section that any conservation use be in per- return for the taxable year in which such imbursed would be deductible under this petuity.’’. contribution was made a copy of such ap- chapter if section 274(d) were applied— (b) CLERICAL AMENDMENT.—The table of praisal, ‘‘(1) by using the standard business mileage sections for part III of subchapter B of chap- ‘‘(iii) the donee is an organization de- rate established under such section, and ter 1 is amended by inserting after the item scribed in subsection (b)(1)(A), ‘‘(2) as if the individual were an employee relating to section 121 the following new ‘‘(iv) the use of such property by the donee of an organization not described in section item: is related to the purpose or function consti- 170(c). ‘‘Sec. 121A. 25-percent exclusion of gain on tuting the basis for the donee’s exemption ‘‘(b) APPLICATION TO VOLUNTEER SERVICES sales or exchanges of land or under section 501 (or, in the case of a govern- ONLY.—Subsection (a) shall not apply with water interests to eligible enti- mental unit, to any purpose or function de- respect to any expenses relating to the per- ties for conservation pur- scribed under section 501(c)), formance of services for compensation. poses.’’. ‘‘(v) the taxpayer receives from the donee a ‘‘(c) NO DOUBLE BENEFIT.—A taxpayer may written statement representing that the not claim a deduction or credit under any (c) EFFECTIVE DATE.—The amendments donee’s use of the property will be in accord- other provision of this title with respect to made by this section shall apply to sales or ance with the provisions of clause (iv), and the expenses under subsection (a). exchanges occurring after the date of the en- ‘‘(vi) the written appraisal referred to in ‘‘(d) EXEMPTION FROM REPORTING REQUIRE- actment of this Act. clause (ii) includes evidence of the extent (if MENTS.—Section 6041 shall not apply with re- SEC. 108. TAX EXCLUSION FOR COST-SHARING any) to which property created by the per- spect to reimbursements excluded from in- PAYMENTS UNDER PARTNERS FOR FISH AND WILDLIFE PROGRAM. sonal efforts of the taxpayer and of the same come under subsection (a).’’. (b) CLERICAL AMENDMENT.—The table of (a) IN GENERAL.—Section 126(a) (relating to type as the donated property is or has been— certain cost-sharing payments) is amended ‘‘(I) owned, maintained, and displayed by sections for part III of subchapter B of chap- by redesignating paragraph (10) as paragraph organizations described in subsection ter 1 is amended by inserting after the item (11) and by inserting after paragraph (9) the (b)(1)(A), and relating to section 139 the following new following: ‘‘(II) sold to or exchanged by persons other item: ‘‘(10) The Partners for Fish and Wildlife than the taxpayer, donee, or any related per- ‘‘Sec. 139A. Mileage reimbursements to Program authorized by the Fish and Wildlife son (as defined in section 465(b)(3)(C)). charitable volunteers.’’. Act of 1956 (16 U.S.C. 742a et seq.).’’. ‘‘(C) MAXIMUM DOLLAR LIMITATION; NO CAR- (c) EFFECTIVE DATE.—The amendments (b) EFFECTIVE DATE.—The amendments RYOVER OF INCREASED DEDUCTION.—The in- made by this section shall apply to payments crease in the deduction under this section by made by this section shall apply to taxable received after the date of the enactment of reason of this paragraph for any taxable years beginning after the date of the enact- this Act. year— ment of this Act. SEC. 109. ADJUSTMENT TO BASIS OF S CORPORA- ‘‘(i) shall not exceed the artistic adjusted SEC. 112. EXTENSION OF ENHANCED DEDUCTION TION STOCK FOR CERTAIN CHARI- gross income of the taxpayer for such tax- FOR INVENTORY TO INCLUDE PUB- TABLE CONTRIBUTIONS. able year, and LIC SCHOOLS. (a) IN GENERAL.—Paragraph (2) of section ‘‘(ii) shall not be taken into account in de- (a) IN GENERAL.—Subparagraph (A) of sec- 1367(a) (relating to adjustments to basis of termining the amount which may be carried tion 170(e)(3) (relating to special rule for cer- stock of shareholders, etc.) is amended by from such taxable year under subsection (d). tain contributions of inventory and other property) is amended by striking ‘‘to an or- adding at the end the following new flush ‘‘(D) ARTISTIC ADJUSTED GROSS INCOME.— sentence: For purposes of this paragraph, the term ‘ar- ganization which is described in’’ and all ‘‘The decrease under subparagraph (B) by tistic adjusted gross income’ means that por- that follows through the end of clause (i) and reason of a charitable contribution (as de- tion of the adjusted gross income of the tax- inserting ‘‘to a qualified organization, but fined in section 170(c)) of property shall be payer for the taxable year attributable to— only if— the amount equal to the shareholder’s pro ‘‘(i) income from the sale or use of prop- ‘‘(i) the property is to be used by the donee rata share of the adjusted basis of such property created by the personal efforts of the solely for the care of the ill, the needy, or in- erty.’’. taxpayer which is of the same type as the do- fants and, in the case of— (b) EFFECTIVE DATE.—The amendment nated property, and ‘‘(I) an organization described in section made by this section shall apply to contribu- ‘‘(ii) income from teaching, lecturing, per- 501(c)(3) (other than an organization de- tions made after the date of the enactment forming, or similar activity with respect to scribed in subclause (II)), the use of the prop- of this Act. property described in clause (i). erty by the donee is related to the purpose or function constituting the basis for its ex- SEC. 110. ENHANCED DEDUCTION FOR CHARI- ‘‘(E) PARAGRAPH NOT TO APPLY TO CERTAIN emption under section 501, and TABLE CONTRIBUTION OF LIT- CONTRIBUTIONS.—Subparagraph (A) shall not ERARY, MUSICAL, ARTISTIC, AND apply to any charitable contribution of any ‘‘(II) an organization described in sub- SCHOLARLY COMPOSITIONS. letter, memorandum, or similar property section (b)(1)(A)(ii), the use of the property (a) IN GENERAL.—Subsection (e) of section which was written, prepared, or produced by by the donee is related to educational pur- 170 (relating to certain contributions of ordi- or for an individual while the individual is poses and such property is not computer nary income and capital gain property), as technology or equipment (as defined in para- amended by this Act, is amended by adding an officer or employee of any person (including any government agency or instrumen- graph (6)(F)(i));’’. at the end the following new paragraph: (b) QUALIFIED ORGANIZATION.—Paragraph tality) unless such letter, memorandum, or ‘‘(8) SPECIAL RULE FOR CERTAIN CONTRIBU- (3) of section 170(e) of such Code is amended similar property is entirely personal. TIONS OF LITERARY, MUSICAL, ARTISTIC, OR by redesignating subparagraph (C) as sub- ‘‘(F) COPYRIGHT TREATED AS SEPARATE SCHOLARLY COMPOSITIONS.— paragraph (D) and by inserting after sub- PROPERTY FOR PARTIAL INTEREST RULE.—In ‘‘(A) IN GENERAL.—In the case of a qualified paragraph (B) the following new subpara- the case of a qualified artistic charitable artistic charitable contribution— graph: contribution, the tangible literary, musical, ‘‘(i) the amount of such contribution taken ‘‘(C) QUALIFIED ORGANIZATION.—For pur- artistic, or scholarly composition, or similar into account under this section shall be the poses of this paragraph, the term ‘qualified property and the copyright on such work fair market value of the property contrib- organization’ means— shall be treated as separate properties for uted (determined at the time of such con- ‘‘(i) an organization which is described in purposes of this paragraph and subsection tribution), and section 501(c)(3) and is exempt under section ‘‘(ii) no reduction in the amount of such (f)(3).’’. (b) EFFECTIVE DATE.—The amendment 501(a) (other than a private foundation, as contribution shall be made under paragraph made by this section shall apply to contribu- defined in section 509(a), which is not an op- (1). tions made after the date of the enactment erating foundation, as defined in section ‘‘(B) QUALIFIED ARTISTIC CHARITABLE CON- of this Act. 4942(j)(3)), and TRIBUTION.—For purposes of this paragraph, SEC. 111. MILEAGE REIMBURSEMENTS TO CHARI- ‘‘(ii) an educational organization described the term ‘qualified artistic charitable con- TABLE VOLUNTEERS EXCLUDED in subsection (b)(1)(A)(ii).’’. tribution’ means a charitable contribution of FROM GROSS INCOME. (c) EFFECTIVE DATE.—The amendments any literary, musical, artistic, or scholarly (a) IN GENERAL.—Part III of subchapter B made by this section shall apply to contribu- composition, or similar property, or the of chapter 1 is amended by inserting after tions made after December 31, 2003. copyright thereon (or both), but only if— section 139 the following new section: SEC. 113. 10-YEAR DIVESTITURE PERIOD FOR ‘‘(i) such property was created by the per- ‘‘SEC. 139A. MILEAGE REIMBURSEMENTS TO CERTAIN EXCESS BUSINESS HOLD- sonal efforts of the taxpayer making such CHARITABLE VOLUNTEERS. INGS OF PRIVATE FOUNDATIONS. contribution no less than 18 months prior to ‘‘(a) IN GENERAL.—Gross income of an indi- (a) IN GENERAL.—Section 4943(c) (relating such contribution, vidual does not include amounts received, to excess business holdings) is amended by ‘‘(ii) the taxpayer— from an organization described in section redesignating paragraph (7) as paragraph (8) ‘‘(I) has received a qualified appraisal of 170(c), as reimbursement of operating ex- and by inserting after paragraph (6) the fol- the fair market value of such property in ac- penses with respect to use of a passenger lowing new paragraph:

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‘‘(7) 10-YEAR PERIOD TO DISPOSE OF CERTAIN TITLE II—PROPOSALS IMPROVING THE ‘‘(9) APPLICATION TO PRIVATE FOUNDATION LARGE GIFTS AND BEQUESTS.— OVERSIGHT OF TAX-EXEMPT ORGANIZA- CAPITAL TRANSACTION INFORMATION.—With re- ‘‘(A) IN GENERAL.—Paragraph (6) shall be TIONS spect to any private foundation (as defined applied by substituting ‘10-year period’ for SEC. 201. DISCLOSURE OF WRITTEN DETERMINA- in section 509(a)), any information regarding ‘5-year period’ if— TIONS. the gain or loss from the sale or other dis- ‘‘(i) upon the election of a private founda- (a) IN GENERAL.—Section 6110(l) (relating position of stock or securities which are list- tion, it is established to the satisfaction of to section not to apply) is amended by strik- ed on an established securities market which the Secretary that— ing all matter before subparagraph (A) of is required to be furnished in order to calculate the tax on net investment income but ‘‘(I) the excess business holdings (or in- paragraph (2) and inserting the following: which is not in summary form is not re- crease in excess business holdings) in a busi- ‘‘(l) SECTION NOT TO APPLY.— ‘‘(1) IN GENERAL.—This section shall not quired to be made available to the public ness enterprise by the private foundation in under this subsection except upon the ex- an amount which is not less than apply to any matter to which section 6104 or 6105 applies, except that this section shall plicit request by a member of the public to $1,000,000,000 is the result of a gift or bequest the private foundation in the form and man- the fair market value of which is not less apply to any written determination and related background file document relating to ner of a request described in paragraph than $1,000,000,000, and an organization described under subsection (1)(B).’’. ‘‘(II) after such gift or bequest, the private (d) EFFECTIVE DATE.—The amendments (c) or (d) of section 501 (including any writ- made by this section shall apply to returns foundation does not have effective control of ten determination denying an organization filed after December 31, 2003. such business enterprise to which such gift tax-exempt status under such subsection) or or bequest relates, SEC. 204. DISCLOSURE THAT FORM 990 IS PUB- a political organization described in section LICLY AVAILABLE. ‘‘(ii) subject to subparagraph (C), the pri- 527 which is not required to be disclosed by vate foundation submits to the Secretary (a) IN GENERAL.—The Commissioner of the section 6104(a)(1)(A). Internal Revenue shall notify the public in with such election a reasonable plan for dis- ‘‘(2) ADDITIONAL MATTERS.—This section appropriate publications or other materials posing of all of the excess business holdings shall not apply to any—’’. of the extent to which an exempt organiza- related to such gift or bequest, and (b) EFFECTIVE DATE.—The amendment tion’s Form 990, Form 990–EZ, or Form 990– ‘‘(iii) the private foundation certifies annu- made by this section shall apply to written PF is publicly available. ally to the Secretary that the private foun- determinations issued after the date of the (b) EFFECTIVE DATE.—The amendments dation is complying with the plan submitted enactment of this Act. made by this section shall apply to publica- under this paragraph, the requirement under SEC. 202. DISCLOSURE OF INTERNET WEB SITE tions or other materials issued or revised clause (i)(II), and the rules under subpara- AND NAME UNDER WHICH ORGANI- after the date of the enactment of this Act. graph (D). ZATION DOES BUSINESS. SEC. 205. DISCLOSURE TO STATE OFFICIALS OF ‘‘(B) ELECTION.—Any election under sub- (a) IN GENERAL.—Section 6033 (relating to PROPOSED ACTIONS RELATED TO SECTION 501(c) ORGANIZATIONS. paragraph (A)(i) shall be made not later than returns by exempt organizations) is amended (a) IN GENERAL.—Subsection (c) of section 6 months after the date of such gift or be- by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the 6104 is amended by striking paragraph (2) and quest and shall— following new subsection: inserting the following new paragraphs: ‘‘(i) establish the fair market value of such ‘‘(h) DISCLOSURE OF NAME UNDER WHICH OR- ‘‘(2) DISCLOSURE OF PROPOSED ACTIONS RE- gift or bequest, and GANIZATION DOES BUSINESS AND ITS INTERNET LATED TO CHARITABLE ORGANIZATIONS.— ‘‘(ii) include a certification that the re- WEB SITE.—Any organization which is sub- ‘‘(A) SPECIFIC NOTIFICATIONS.—In the case quirement of subparagraph (A)(i)(II) is met. ject to the requirements of subsection (a) of an organization to which paragraph (1) ap- ‘‘(C) REASONABLENESS OF PLAN.— shall include on the return required under plies, the Secretary may disclose to the ap- ‘‘(i) IN GENERAL.—Any plan submitted subsection (a)— propriate State officer— under subparagraph (A)(ii) shall be presumed ‘‘(1) any name under which such organiza- ‘‘(i) a notice of proposed refusal to recog- reasonable unless the Secretary notifies the tion operates or does business, and nize such organization as an organization de- private foundation to the contrary not later ‘‘(2) the Internet web site address (if any) scribed in section 501(c)(3) or a notice of pro- than 6 months after the submission of such of such organization.’’. posed revocation of such organization’s rec- plan. (b) EFFECTIVE DATE.—The amendments ognition as an organization exempt from ‘‘(ii) RESUBMISSION.—Upon notice by the made by this section shall apply to returns taxation, Secretary under clause (i), the private foun- filed after December 31, 2003. ‘‘(ii) the issuance of a letter of proposed de- dation may resubmit a plan and shall have SEC. 203. MODIFICATION TO REPORTING CAP- ficiency of tax imposed under section 507 or the burden of establishing the reasonable- ITAL TRANSACTIONS. chapter 41 or 42, and ‘‘(iii) the names, addresses, and taxpayer ness of such plan to the Secretary. (a) REQUIREMENT OF SUMMARY REPORT.— identification numbers of organizations ‘‘(D) SPECIAL RULES.—During any period in Section 6033(c) (relating to additional provi- which have applied for recognition as organi- which an election under this paragraph is in sions relating to private foundations) is zations described in section 501(c)(3). effect— amended by adding at the end the following ‘‘(B) ADDITIONAL DISCLOSURES.—Returns ‘‘(i) section 4941(d)(2) (other than subpara- new sentence: ‘‘Any information included in an annual return regarding the gain or loss and return information of organizations with graph (A) thereof) shall apply only with re- respect to which information is disclosed spect to any disqualified person described in from the sale or other disposition of stock or securities which are listed on an established under subparagraph (A) may be made avail- section 4941(a)(1)(B), securities market which is required to be able for inspection by or disclosed to an ap- ‘‘(ii) section 4942(a) shall be applied by sub- furnished in order to calculate the tax on net propriate State officer. stituting ‘third’ for ‘second’ both places it investment income shall also be reported in ‘‘(C) PROCEDURES FOR DISCLOSURE.—Infor- appears, summary form with a notice that detailed mation may be inspected or disclosed under ‘‘(iii) section 4942(e)(1) shall be applied by information is available upon request by the subparagraph (A) or (B) only— substituting ‘12 percent’ for ‘5 percent’, and public.’’. ‘‘(i) upon written request by an appropriate ‘‘(iv) section 4942(g)(1)(A) shall be applied (b) DISCLOSURE REQUIREMENT.—Section State officer, and without regard to any portion of reasonable 6104(b) (relating to inspection of annual in- ‘‘(ii) for the purpose of, and only to the ex- and necessary administrative expenses. formation returns), as amended by this Act, tent necessary in, the administration of ‘‘(E) INFLATION ADJUSTMENT.—In the case is amended by adding at the end the fol- State laws regulating such organizations. of any taxable year beginning in a calendar lowing new sentence: ‘‘With respect to any Such information may only be inspected by year after 2003, the $1,000,000,000 amount private foundation (as defined in section or disclosed to representatives of the appro- under subparagraph (A)(i)(I) shall be in- 509(a)), any information regarding the gain priate State officer designated as the indi- creased by an amount equal to such dollar or loss from the sale or other disposition of viduals who are to inspect or to receive the amount, multiplied by the cost-of-living ad- stock or securities which are listed on an es- returns or return information under this justment determined under section 1(f)(3) for tablished securities market which is re- paragraph on behalf of such officer. Such such calendar year, determined by sub- quired to be furnished in order to calculate representatives shall not include any constituting ‘2002’ for ‘1992’ in subparagraph (B) the tax on net investment income but which tractor or agent. thereof. If the $1,000,000,000 amount as in- is not in summary form is not required to be ‘‘(D) DISCLOSURES OTHER THAN BY RE- creased under this subparagraph is not a made available to the public under this sub- QUEST.—The Secretary may make available multiple of $100,000,000, such amount shall be section except upon the explicit request by a for inspection or disclose returns and return rounded to the next lowest multiple of member of the public to the Secretary.’’. information of an organization to which $100,000,000.’’. (c) PUBLIC INSPECTION REQUIREMENT.—Sec- paragraph (1) applies to an appropriate State tion 6104(d) (relating to public inspection of officer of any State if the Secretary deter- (b) EFFECTIVE DATE.—The amendments certain annual returns, applications for ex- mines that such inspection or disclosure may made by this section shall apply to gifts and emptions, and notices of status) is amended facilitate the resolution of Federal or State bequests made after the date of the enact- by adding at the end the following new para- issues relating to the tax-exempt status of ment of this Act. graph: such organization.

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‘‘(3) DISCLOSURE WITH RESPECT TO CERTAIN sure in violation of section 6104(c))’’ after ‘‘(E) the name and address of a principal OTHER EXEMPT ORGANIZATIONS.—Upon written ‘‘6103’’. officer, and request by an appropriate State officer, the (c) EFFECTIVE DATE.—The amendments ‘‘(F) evidence of the continuing basis for Secretary may make available for inspection made by this section shall take effect on the the organization’s exemption from the filing or disclosure returns and return information date of the enactment of this Act but shall requirements under subsection (a)(1), and of an organization described in paragraph (2), not apply to requests made before such date. ‘‘(2) upon the termination of the existence (4), (6), (7), (8), (10), or (13) of section 501(c) for SEC. 206. EXPANSION OF PENALTIES TO PRE- of the organization, shall furnish notice of the purpose of, and to the extent necessary PARERS OF FORM 990. such termination.’’. in, the administration of State laws regu- (a) IN GENERAL.—Section 6695 (relating to (b) LOSS OF EXEMPT STATUS FOR FAILURE lating the solicitation or administration of other assessable penalties with respect to TO FILE RETURN OR NOTICE.—Section 6033 (re- the charitable funds or charitable assets of the preparation of income tax returns for lating to returns by exempt organizations), such organizations. Such information may other persons) is amended by adding at the as amended by subsection (a), is amended by be inspected only by or disclosed only to rep- end the following new subsections: redesignating subsection (j) as subsection (k) resentatives of the appropriate State officer ‘‘(h) CERTAIN OMISSIONS AND MISREPRESEN- and by inserting after subsection (i) the fol- designated as the individuals who are to in- TATIONS.— lowing new subsection: spect or to receive the returns or return in- ‘‘(1) IN GENERAL.—Any person who prepares ‘‘(j) LOSS OF EXEMPT STATUS FOR FAILURE formation under this paragraph on behalf of for compensation any return under section TO FILE RETURN OR NOTICE.— such officer. Such representatives shall not 6033 who omits or misrepresents any infor- ‘‘(1) IN GENERAL.—If an organization de- include any contractor or agent. mation with respect to such return which scribed in subsection (a)(1) or (i) fails to file ‘‘(4) USE IN CIVIL JUDICIAL AND ADMINISTRA- was known or should have been known by an annual return or notice required under ei- TIVE PROCEEDINGS.—Returns and return in- such person shall pay a penalty of $250 with ther subsection for 3 consecutive years, such formation disclosed pursuant to this sub- respect to such return. organization’s status as an organization ex- section may be disclosed in civil administra- ‘‘(2) EXCEPTION FOR MINOR, INADVERTENT empt from tax under section 501(a) shall be tive and civil judicial proceedings pertaining OMISSIONS.—Paragraph (1) shall not apply to considered revoked on and after the date set to the enforcement of State laws regulating minor, inadvertent omissions. by the Secretary for the filing of the third such organizations in a manner prescribed by ‘‘(3) RULES FOR DETERMINING RETURN PRE- annual return or notice. The Secretary shall the Secretary similar to that for tax admin- PARER.—For purposes of this subsection and publish and maintain a list of any organiza- istration proceedings under section subsection (i), any reference to a person who tion the status of which is so revoked. 6103(h)(4). prepares for compensation a return under ‘‘(2) APPLICATION NECESSARY FOR REIN- ‘‘(5) NO DISCLOSURE IF IMPAIRMENT.—Re- section 6033— STATEMENT.—Any organization the tax-ex- turns and return information shall not be ‘‘(A) shall include any person who employs empt status of which is revoked under para- disclosed under this subsection, or in any 1 or more persons to prepare for compensa- graph (1) must apply in order to obtain reinstatement of such status regardless of proceeding described in paragraph (4), to the tion a return under section 6033, and whether such organization was originally re- extent that the Secretary determines that ‘‘(B) shall not include any person who quired to make such an application. such disclosure would seriously impair Fed- would be described in clause (i), (ii), (iii), or ‘‘(3) RETROACTIVE REINSTATEMENT IF REA- eral tax administration. (iv) of section 7701(a)(36)(B) if such section SONABLE CAUSE SHOWN FOR FAILURE.—If upon ‘‘(6) DEFINITIONS.—For purposes of this sub- referred to a return under section 6033. application for reinstatement of status as an section— ‘‘(i) WILLFUL OR RECKLESS CONDUCT.— organization exempt from tax under section ‘‘(A) RETURN AND RETURN INFORMATION.— ‘‘(1) IN GENERAL.—Any person who prepares The terms ‘return’ and ‘return information’ for compensation any return under section 501(a), an organization described in paragraph (1) can show to the satisfaction of the have the respective meanings given to such 6033 who recklessly or intentionally mis- Secretary evidence of reasonable cause for terms by section 6103(b). represents any information or recklessly or the failure described in such paragraph, the ‘‘(B) APPROPRIATE STATE OFFICER.—The intentionally disregards any rule or regula- organization’s exempt status may, in the dis- term ‘appropriate State officer’ means— tion with respect to such return shall pay a cretion of the Secretary, be reinstated effec- ‘‘(i) the State attorney general, penalty of $1,000 with respect to such return. tive from the date of the revocation under ‘‘(ii) in the case of an organization to ‘‘(2) COORDINATION WITH OTHER PENALTIES.— such paragraph.’’. which paragraph (1) applies, any other State With respect to any return, the amount of (c) NO DECLARATORY JUDGMENT RELIEF.— official charged with overseeing organiza- the penalty payable by any person by reason tions of the type described in section Section 7428(b) (relating to limitations) is of paragraph (1) shall be reduced by the amended by adding at the end the following 501(c)(3), and amount of the penalty paid by such person ‘‘(iii) in the case of an organization to new paragraph: by reason of subsection (h) or section 6694.’’. ‘‘(4) NONAPPLICATION FOR CERTAIN REVOCA- which paragraph (3) applies, the head of an (b) CONFORMING AMENDMENTS.— agency designated by the State attorney TIONS.—No action may be brought under this (1) The heading for section 6695 is amended section with respect to any revocation of general as having primary responsibility for by inserting ‘‘AND OTHER’’ after ‘‘INCOME overseeing the solicitation of funds for chari- status described in section 6033(j)(1).’’. TAX’’. (d) NO INSPECTION REQUIREMENT.—Section table purposes.’’. (2) The item relating to section 6695 in the 6104(b) (relating to inspection of annual in- (b) CONFORMING AMENDMENTS.— table of sections for part I of subchapter B of formation returns) is amended by inserting (1) Subsection (a) of section 6103 is amend- chapter 68 is amended by inserting ‘‘and ed— ‘‘(other than subsection (i) thereof)’’ after other’’ after ‘‘income tax’’. ‘‘6033’’. (A) by inserting ‘‘or any appropriate State (c) EFFECTIVE DATE.—The amendments (e) NO DISCLOSURE REQUIREMENT.—Section officer who has or had access to returns or made by this section shall apply with respect 6104(d)(3) (relating to exceptions from disclo- return information under section 6104(c)’’ to documents prepared after the date of the sure requirements) is amended by redesig- after ‘‘this section’’ in paragraph (2), and enactment of this Act. nating subparagraph (B) as subparagraph (C) (B) by striking ‘‘or subsection (n)’’ in para- SEC. 207. NOTIFICATION REQUIREMENT FOR EN- and by inserting after subparagraph (A) the graph (3) and inserting ‘‘subsection (n), or TITIES NOT CURRENTLY REQUIRED following new subparagraph: section 6104(c)’’. TO FILE. ‘‘(B) NONDISCLOSURE OF ANNUAL NOTICES.— (2) Subparagraph (A) of section 6103(p)(3) is (a) IN GENERAL.—Section 6033 (relating to Paragraph (1) shall not require the disclosure amended by inserting ‘‘and section 6104(c)’’ returns by exempt organizations), as amend- of any notice required under section 6033(i).’’. after ‘‘section’’ in the first sentence. ed by this Act, is amended by redesignating (f) NO MONETARY PENALTY FOR FAILURE TO (3) Paragraph (4) of section 6103(p), as subsection (i) as subsection (j) and by insert- NOTIFY.—Section 6652(c)(1) (relating to an- amended by section 202(b)(2)(B) of the Trade ing after subsection (h) the following new nual returns under section 6033 or 6012(a)(6)) Act of 2002 (Public Law 107–210; 116 Stat. 961), subsection: is amended by adding at the end the fol- is amended by striking ‘‘or (17)’’ after ‘‘any ‘‘(i) ADDITIONAL NOTIFICATION REQUIRE- lowing new subparagraph: other person described in subsection (l)(16)’’ MENTS.—Any organization the gross receipts ‘‘(E) NO PENALTY FOR CERTAIN ANNUAL NO- each place it appears and inserting ‘‘or (18) of which in any taxable year result in such TICES.—This paragraph shall not apply with or any appropriate State officer (as defined organization being referred to in subsection respect to any notice required under section in section 6104(c))’’. (a)(2)(A)(ii) or (a)(2)(B)— 6033(i).’’. (4) The heading for paragraph (1) of section ‘‘(1) shall furnish annually, at such time (g) SECRETARIAL OUTREACH REQUIRE- 6104(c) is amended by inserting ‘‘FOR CHARI- and in such manner as the Secretary may by MENTS.— TABLE ORGANIZATIONS’’. forms or regulations prescribe, information (1) NOTICE REQUIREMENT.—The Secretary of (5) Paragraph (2) of section 7213(a) is setting forth— the Treasury shall notify in a timely manner amended by inserting ‘‘or under section ‘‘(A) the legal name of the organization, every organization described in section 6104(c)’’ after ‘‘6103’’. ‘‘(B) any name under which such organiza- 6033(i) of the Internal Revenue Code of 1986 (6) Paragraph (2) of section 7213A(a) is tion operates or does business, (as added by this section) of the requirement amended by inserting ‘‘or 6104(c)’’ after ‘‘(C) the organization’s mailing address and under such section 6033(i) and of the penalty ‘‘6103’’. Internet web site address (if any), established under section 6033(j)— (7) Paragraph (2) of section 7431(a) is ‘‘(D) the organization’s taxpayer identi- (A) by mail, in the case of any organization amended by inserting ‘‘(including any disclo- fication number, the identity and address of which is included

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in the list of exempt organizations main- ‘‘(5) DENIAL OF ADMINISTRATIVE OR JUDICIAL (b) EFFECTIVE DATE.—The amendment tained by the Secretary, and CHALLENGE OF SUSPENSION OR DENIAL OF DE- made by this section shall apply to taxable (B) by Internet or other means of outreach, DUCTION.—Notwithstanding section 7428 or years beginning after December 31, 2002. in the case of any other organization. any other provision of law, no organization SEC. 302. MODIFICATIONS TO SECTION 512(b)(13). (2) LOSS OF STATUS PENALTY FOR FAILURE or other person may challenge a suspension (a) IN GENERAL.—Paragraph (13) of section TO FILE RETURN.—The Secretary of the Treas- under paragraph (1), a designation or identi- 512(b) (relating to special rules for certain ury shall publicize in a timely manner in ap- fication described in paragraph (2), the pe- amounts received from controlled entities) is propriate forms and instructions and riod of suspension described in paragraph (3), amended by redesignating subparagraph (E) through other appropriate means, the pen- or a denial of a deduction under paragraph as subparagraph (F) and by inserting after alty established under section 6033(j) of such (4) in any administrative or judicial pro- subparagraph (D) the following new subpara- Code for the failure to file a return under ceeding relating to the Federal tax liability graph: section 6033(a)(1) of such Code. of such organization or other person. ‘‘(E) PARAGRAPH TO APPLY ONLY TO EXCESS (h) EFFECTIVE DATE.—The amendments ‘‘(6) ERRONEOUS DESIGNATION.— PAYMENTS.— made by this section shall apply to notices ‘‘(A) IN GENERAL.—If— ‘‘(i) IN GENERAL.—Subparagraph (A) shall and returns with respect to annual periods ‘‘(i) the tax exemption of any organization apply only to the portion of a specified pay- beginning after 2003. described in paragraph (2) is suspended under ment received or accrued by the controlling SEC. 208. SUSPENSION OF TAX-EXEMPT STATUS paragraph (1), organization that exceeds the amount which OF TERRORIST ORGANIZATIONS. ‘‘(ii) each designation and identification would have been paid or accrued if such pay- (a) IN GENERAL.—Section 501 of the Inter- described in paragraph (2) which has been ment met the requirements prescribed under nal Revenue Code of 1986 (relating to exemp- made with respect to such organization is de- section 482. tion from tax on corporations, certain termined to be erroneous pursuant to the ‘‘(ii) ADDITION TO TAX FOR VALUATION trusts, etc.) is amended by redesignating law or Executive order under which such des- MISSTATEMENTS.—The tax imposed by this subsection (p) as subsection (q) and by in- ignation or identification was made, and chapter on the controlling organization shall serting after subsection (o) the following new ‘‘(iii) the erroneous designations and iden- be increased by an amount equal to 20 per- subsection: tifications result in an overpayment of in- cent of the larger of— ‘‘(I) such excess determined without regard ‘‘(p) SUSPENSION OF TAX-EXEMPT STATUS OF come tax for any taxable year by such orga- to any amendment or supplement to a return TERRORIST ORGANIZATIONS.— nization, of tax, or ‘‘(1) IN GENERAL.—The exemption from tax credit or refund (with interest) with respect under subsection (a) with respect to any or- to such overpayment shall be made. ‘‘(II) such excess determined with regard to all such amendments and supplements.’’. ganization described in paragraph (2), and ‘‘(B) WAIVER OF LIMITATIONS.—If the credit (b) EFFECTIVE DATE.— the eligibility of any organization described or refund of any overpayment of tax de- (1) IN GENERAL.—The amendment made by in paragraph (2) to apply for recognition of scribed in subparagraph (A)(iii) is prevented this section shall apply to payments received exemption under subsection (a), shall be sus- at any time by the operation of any law or or accrued after December 31, 2000. pended during the period described in para- rule of law (including res judicata), such (2) PAYMENTS SUBJECT TO BINDING CONTRACT graph (3). credit or refund may nevertheless be allowed TRANSITION RULE.—If the amendments made ‘‘(2) TERRORIST ORGANIZATIONS.—An organi- or made if the claim therefor is filed before by section 1041 of the Taxpayer Relief Act of zation is described in this paragraph if such the close of the 1-year period beginning on 1997 did not apply to any amount received or organization is designated or otherwise indi- the date of the last determination described accrued in the first 2 taxable years beginning vidually identified— in subparagraph (A)(ii). on or after the date of the enactment of the ‘‘(A) under section 212(a)(3)(B)(vi)(II) or 219 ‘‘(7) NOTICE OF SUSPENSIONS.—If the tax ex- Taxpayer Relief Act of 1997 under any con- of the Immigration and Nationality Act as a emption of any organization is suspended tract described in subsection (b)(2) of such terrorist organization or foreign terrorist or- under this subsection, the Internal Revenue section, such amendments also shall not ganization, Service shall update the listings of tax-ex- apply to amounts received or accrued under ‘‘(B) in or pursuant to an Executive order empt organizations and shall publish appro- such contract before January 1, 2001. which is related to terrorism and issued priate notice to taxpayers of such suspension under the authority of the International and of the fact that contributions to such or- SEC. 303. SIMPLIFICATION OF LOBBYING EX- PENDITURE LIMITATION. Emergency Economic Powers Act or section ganization are not deductible during the pe- (a) REPEAL OF GRASSROOTS EXPENDITURE 5 of the United Nations Participation Act of riod of such suspension.’’. LIMIT.—Paragraph (1) of section 501(h) (relat- 1945 for the purpose of imposing on such or- (b) EFFECTIVE DATE.—The amendments ing to expenditures by public charities to in- ganization an economic or other sanction, or made by this section shall apply to designa- fluence legislation) is amended to read as ‘‘(C) in or pursuant to an Executive order tions made before, on, or after the date of follows: issued under the authority of any Federal the enactment of this Act. ‘‘(1) GENERAL RULE.—In the case of an orga- law if— nization to which this subsection applies, ex- ‘‘(i) the organization is designated or oth- TITLE III—OTHER CHARITABLE AND EXEMPT ORGANIZATION PROVISIONS emption from taxation under subsection (a) erwise individually identified in or pursuant shall be denied because a substantial part of to such Executive order as supporting or en- SEC. 301. MODIFICATION OF EXCISE TAX ON UN- the activities of such organization consists RELATED BUSINESS TAXABLE IN- gaging in terrorist activity (as defined in of carrying on propaganda, or otherwise at- section 212(a)(3)(B) of the Immigration and COME OF CHARITABLE REMAINDER TRUSTS. tempting, to influence legislation, but only Nationality Act) or supporting terrorism (as if such organization normally makes lob- (a) IN GENERAL.—Subsection (c) of section defined in section 140(d)(2) of the Foreign Re- bying expenditures in excess of the lobbying 664 (relating to exemption from income lations Authorization Act, Fiscal Years 1988 ceiling amount for such organization for taxes) is amended to read as follows: and 1989); and each taxable year.’’. ‘‘(ii) such Executive order refers to this ‘‘(c) TAXATION OF TRUSTS.— (b) EXCESS LOBBYING EXPENDITURES.—Sec- subsection. ‘‘(1) INCOME TAX.—A charitable remainder tion 4911(b) is amended to read as follows: ‘‘(3) PERIOD OF SUSPENSION.—With respect annuity trust and a charitable remainder ‘‘(b) EXCESS LOBBYING EXPENDITURES.—For to any organization described in paragraph unitrust shall, for any taxable year, not be purposes of this section, the term ‘excess (2), the period of suspension— subject to any tax imposed by this subtitle. lobbying expenditures’ means, for a taxable ‘‘(A) begins on the later of— ‘‘(2) EXCISE TAX.— year, the amount by which the lobbying ex- ‘‘(i) the date of the first publication of a ‘‘(A) IN GENERAL.—In the case of a chari- penditures made by the organization during designation or identification described in table remainder annuity trust or a chari- the taxable year exceed the lobbying non- paragraph (2) with respect to such organiza- table remainder unitrust which has unre- taxable amount for such organization for tion, or lated business taxable income (within the such taxable year.’’. ‘‘(ii) the date of the enactment of this sub- meaning of section 512, determined as if part (c) CONFORMING AMENDMENTS.— section, and III of subchapter F applied to such trust) for (1) Section 501(h)(2) is amended by striking ‘‘(B) ends on the first date that all designa- a taxable year, there is hereby imposed on subparagraphs (C) and (D). tions and identifications described in para- such trust or unitrust an excise tax equal to (2) Section 4911(c) is amended by striking graph (2) with respect to such organization the amount of such unrelated business tax- paragraphs (3) and (4). are rescinded pursuant to the law or Execu- able income. (3) Paragraph (1)(A) of section 4911(f) is tive order under which such designation or ‘‘(B) CERTAIN RULES TO APPLY.—The tax amended by striking ‘‘limits of section identification was made. imposed by subparagraph (A) shall be treated 501(h)(1) have’’ and inserting ‘‘limit of sec- ‘‘(4) DENIAL OF DEDUCTION.—No deduction as imposed by chapter 42 for purposes of this tion 501(h)(1) has’’. shall be allowed under any provision of this title other than subchapter E of chapter 42. (4) Paragraph (1)(C) of section 4911(f) is title, including sections 170, 545(b)(2), ‘‘(C) TAX COURT PROCEEDINGS.—For pur- amended by striking ‘‘limits of section 556(b)(2), 642(c), 2055, 2106(a)(2), and 2522, with poses of this paragraph, the references in 501(h)(1) are’’ and inserting ‘‘limit of section respect to any contribution to an organiza- section 6212(c)(1) to section 4940 shall be 501(h)(1) is’’. tion described in paragraph (2) during the pe- deemed to include references to this para- (5) Paragraphs (4)(A) and (4)(B) of section riod described in paragraph (3). graph.’’. 4911(f) are each amended by striking ‘‘limits

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.133 S09PT1 S5028 CONGRESSIONAL RECORD — SENATE April 9, 2003 of section 501(h)(1)’’ and inserting ‘‘limit of and services related to the intervention in, the death, injury, wounding, or illness of section 501(h)(1)’’. and prevention of, domestic violence; and such member incurred as the result of the (6) Paragraph (8) of section 6033(b) (relating (I) services related to the provision of as- military response of the United States to the to certain organizations described in section sistance for housing under Federal law. terrorist attacks against the United States 501(c)(3)) is amended by inserting ‘‘and’’ at (2) EXCLUSIONS.—The term does not include on September 11, 2001, or the end of subparagraph (A) and by striking a program having the purpose of delivering (B) an individual of an astronaut’s imme- subparagraphs (C) and (D). educational assistance under the Elementary diate family by reason of the death of such (d) EFFECTIVE DATE.—The amendments and Secondary Education Act of 1965 (20 astronaut occurring in the line of duty after made by this section shall apply to taxable U.S.C. 6301 et seq.) or under the Higher Edu- December 31, 2002, years beginning after December 31, 2002. cation Act of 1965 (20 U.S.C. 1001 et seq.). shall be treated as related to the purpose or SEC. 304. EXPEDITED REVIEW PROCESS FOR CER- SEC. 305. CLARIFICATION OF DEFINITION OF function constituting the basis for such or- TAIN TAX-EXEMPTION APPLICA- CHURCH TAX INQUIRY. ganization’s exemption under section 501 of TIONS. Subsection (i) of section 7611 (relating to such Code if such payment is made using an (a) IN GENERAL.—The Secretary of the section not to apply to criminal investiga- objective formula which is consistently ap- Treasury or the Secretary’s delegate (in this tions, etc.) is amended by striking ‘‘or’’ at plied, and section, referred to as the ‘‘Secretary’’) shall the end of paragraph (4), by striking the pe- (2) in the case of a private foundation (as adopt procedures to expedite the consider- riod at the end of paragraph (5) and inserting defined in section 509 of such Code), any pay- ation of applications for exempt status under ‘‘, or’’, and by inserting after paragraph (5) ment described in paragraph (1) shall not be section 501(c)(3) of the Internal Revenue Code the following: treated as made to a disqualified person for of 1986 filed after December 31, 2003, by any ‘‘(6) information provided by the Secretary purposes of section 4941 of such Code. organization that— related to the standards for exemption from (b) EFFECTIVE DATES.—This section shall (1) is organized and operated for the pri- tax under this title and the requirements apply to— mary purpose of providing social services; under this title relating to unrelated busi- (1) payments described in subsection (2) is seeking a contract or grant under a ness taxable income.’’. (a)(1)(A) made after the date of the enact- Federal, State, or local program that pro- SEC. 306. EXPANSION OF DECLARATORY JUDG- ment of this Act and before September 11, vides funding for social services programs; MENT REMEDY TO TAX-EXEMPT OR- 2004, and (3) establishes that, under the terms and GANIZATIONS. (2) payments described in subsection conditions of the contract or grant program, (a) IN GENERAL.—Paragraph (1) of section (a)(1)(B) made after December 31, 2002. an organization is required to obtain such 7428(a) (relating to creation of remedy) is SEC. 309. MODIFICATION OF SCHOLARSHIP exempt status before the organization is eli- amended— FOUNDATION RULES. gible to apply for a contract or grant; (1) in subparagraph (B) by inserting after In applying the limitations on the percent- (4) includes with its exemption application ‘‘509(a))’’ the following: ‘‘or as a private oper- age of scholarship grants which may be a copy of its completed Federal, State, or ating foundation (as defined in section awarded after the date of the enactment of local contract or grant application; and 4942(j)(3))’’; and this Act, to children of current or former (5) meets such other criteria as the Sec- (2) by amending subparagraph (C) to read employees under Revenue Procedure 76–47, retary deems appropriate for expedited con- as follows: such percentage shall be increased to 35 per- sideration. ‘‘(C) with respect to the initial qualifica- cent of the eligible applicants to be considered by the selection committee and to 20 The Secretary may prescribe other similar tion or continuing qualification of an organization as an organization described in sec- percent of individuals eligible for the grants, circumstances in which such organizations but only if the foundation awarding the may be entitled to expedited consideration. tion 501(c) (other than paragraph (3)) or 501(d) which is exempt from tax under sec- grants demonstrates that, in addition to (b) WAIVER OF APPLICATION FEE FOR EX- tion 501(a), or’’. meeting the other requirements of Revenue EMPT STATUS.—Any organization that meets (b) COURT JURISDICTION.—Subsection (a) of Procedure 76–47, it provides a comparable the conditions described in subsection (a) section 7428 is amended in the material fol- number and aggregate amount of grants dur- (without regard to paragraph (3) of that sub- lowing paragraph (2) by striking ‘‘United ing the same program year to individuals section) is entitled to a waiver of any fee for States Tax Court, the United States Claims who are not such employees, children or dean application for exempt status under sec- Court, or the district court of the United pendents of such employees, or affiliated tion 501(c)(3) of the Internal Revenue Code of with the employer of such employees. States for the District of Columbia’’ and in- 1986 if the organization certifies that the or- serting the following: ‘‘United States Tax SEC. 310. TREATMENT OF CERTAIN HOSPITAL ganization has had (or expects to have) aver- SUPPORT ORGANIZATIONS AS Court (in the case of any such determination age annual gross receipts of not more than QUALIFIED ORGANIZATIONS FOR or failure) or the United States Claims Court $50,000 during the preceding 4 years (or, in PURPOSES OF DETERMINING ACQUI- or the district court of the United States for the case of an organization not in existence SITION INDEBTEDNESS. the District of Columbia (in the case of a de- (a) IN GENERAL.—Subparagraph (C) of sec- throughout the preceding 4 years, during termination or failure with respect to an tion 514(c)(9) (relating to real property ac- such organization’s first 4 years). issue referred to in subparagraph (A) or (B) quired by a qualified organization) is amend- (c) SOCIAL SERVICES DEFINED.—For pur- of paragraph (1)),’’. ed by striking ‘‘or’’ at the end of clause (ii), poses of this section— (c) EFFECTIVE DATE.—The amendments by striking the period at the end of clause N GENERAL.—The term ‘‘social serv- (1) I made by this section shall apply to pleadings (iii) and inserting ‘‘; or’’, and by adding at ices’’ means services directed at helping peo- filed with respect to determinations (or re- the end the following new clause: ple in need, reducing poverty, improving out- quests for determinations) made after De- ‘‘(iv) a qualified hospital support organiza- comes of low-income children, revitalizing cember 31, 2002. tion (as defined in subparagraph (I)).’’. low-income communities, and empowering (b) QUALIFIED HOSPITAL SUPPORT ORGANI- low-income families and low-income individ- SEC. 307. DEFINITION OF CONVENTION OR ASSO- CIATION OF CHURCHES. ZATIONS.—Paragraph (9) of section 514(c) is uals to become self-sufficient, including— Section 7701 (relating to definitions) is amended by adding at the end the following (A) child care services, protective services amended by redesignating subsection (n) as new subparagraph: for children and adults, services for children subsection (o) and by inserting after sub- ‘‘(I) QUALIFIED HOSPITAL SUPPORT ORGANI- and adults in foster care, adoption services, section (m) the following new subsection: ZATIONS.—For purposes of subparagraph services related to the management and ‘‘(n) CONVENTION OR ASSOCIATION OF (C)(iv), the term ‘qualified hospital support maintenance of the home, day care services CHURCHES.—For purposes of this title, any organization’ means, with respect to any eli- for adults, and services to meet the special organization which is otherwise a convention gible indebtedness (including any qualified needs of children, older individuals, and indi- or association of churches shall not fail to so refinancing of such eligible indebtedness), a viduals with disabilities (including physical, qualify merely because the membership of support organization (as defined in section mental, or emotional disabilities); such organization includes individuals as 509(a)(3)) which supports a hospital described (B) transportation services; well as churches or because individuals have in section 119(d)(4)(B) and with respect to (C) job training and related services, and voting rights in such organization.’’. which— employment services; ‘‘(i) more than half of the organization’s SEC. 308. PAYMENTS BY CHARITABLE ORGANIZA- (D) information, referral, and counseling TIONS TO VICTIMS OF WAR ON TER- assets (by value) at any time since its orga- services; RORISM AND FAMILIES OF ASTRO- nization— (E) the preparation and delivery of meals, NAUTS KILLED IN THE LINE OF ‘‘(I) were acquired, directly or indirectly, and services related to soup kitchens or food DUTY. by testamentary gift or devise, and banks; (a) IN GENERAL.—For purposes of the Inter- ‘‘(II) consisted of real property, and (F) health support services; nal Revenue Code of 1986— ‘‘(ii) the fair market value of the organiza- (G) literacy and mentoring programs; (1) any payment made by an organization tion’s real estate acquired, directly or indi- (H) services for the prevention and treat- described in section 501(c)(3) of such Code rectly, by gift or devise, exceeded 25 percent ment of juvenile delinquency and substance to— of the fair market value of all investment as- abuse, services for the prevention of crime (A) a member of the Armed Forces of the sets held by the organization immediately and the provision of assistance to the vic- United States, or to an individual of such prior to the time that the eligible indebted- tims and the families of criminal offenders, member’s immediate family, by reason of ness was incurred.

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.133 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5029

For purposes of this subparagraph, the term ‘‘(1) QUALIFIED RETURN PREPARATION CLIN- ‘‘(iii) CONTINUING CARE RETIREMENT COMMU- ‘eligible indebtedness’ means indebtedness IC.— NITY.—For purposes of this subparagraph, secured by real property acquired by the or- ‘‘(A) IN GENERAL.—The term ‘qualified re- the term ‘continuing care retirement com- ganization, directly or indirectly, by gift or turn preparation clinic’ means a clinic munity’ means a community which provides, devise, the proceeds of which are used exclu- which— on the same campus, a continuum of residen- sively to acquire any leasehold interest in ‘‘(i) does not charge more than a nominal tial living options and support services to such real property or for improvements on, fee for its services (except for reimbursement persons at least 60 years of age under a writ- or repairs to, such real property. A deter- of actual costs incurred), and ten agreement. For purposes of the preceding mination under clauses (i) and (ii) of this ‘‘(ii) operates programs which assist low- sentence, the residential living options shall subparagraph shall be made each time such income taxpayers in preparing and filing include independent living units, nursing an eligible indebtedness (or the qualified re- their Federal income tax returns, including home beds, and either assisted living units or financing of such an eligible indebtedness) is schedules reporting sole proprietorship or personal care beds.’’. incurred. For purposes of this subparagraph, farm income. (b) EFFECTIVE DATE.—The amendment a refinancing of such an eligible indebted- ‘‘(B) ASSISTANCE TO LOW-INCOME TAX- made by this section shall apply to bonds ness shall be considered qualified if such refi- PAYERS.—A clinic is treated as assisting low- issued after the date of the enactment of this nancing does not exceed the amount of the income taxpayers under subparagraph (A)(ii) Act. refinanced eligible indebtedness immediately if at least 90 percent of the taxpayers as- SEC. 314. EXCISE TAXES EXEMPTION FOR BLOOD before the refinancing.’’. sisted by the clinic have incomes which do COLLECTOR ORGANIZATIONS. (c) EFFECTIVE DATE.—The amendments not exceed 250 percent of the poverty level, (a) EXEMPTION FROM IMPOSITION OF SPECIAL made by this section shall apply to indebted- as determined in accordance with criteria es- FUELS TAX.—Section 4041(g) (relating to ness incurred after December 31, 2003. tablished by the Director of the Office of other exemptions) is amended by striking SEC. 311. CHARITABLE CONTRIBUTION DEDUC- Management and Budget. ‘‘and’’ at the end of paragraph (3), by strik- TION FOR CERTAIN EXPENSES IN- ‘‘(2) CLINIC.—The term ‘clinic’ includes— ing the period in paragraph (4) and inserting CURRED IN SUPPORT OF NATIVE ‘‘(A) a clinical program at an eligible edu- ‘‘; and’’, and by inserting after paragraph (4) ALASKAN SUBSISTENCE WHALING. cational institution (as defined in section the following new paragraph: (a) IN GENERAL.—Section 170 (relating to 529(e)(5)) which satisfies the requirements of ‘‘(5) with respect to the sale of any liquid charitable, etc., contributions and gifts), as paragraph (1) through student assistance of to a qualified blood collector organization amended by this Act, is amended by redesig- taxpayers in return preparation and filing, (as defined in section 7701(a)(48)) for such or- nating subsection (n) as subsection (o) and and ganization’s exclusive use, or with respect to by inserting after subsection (m) the fol- ‘‘(B) an organization described in section the use by a qualified blood collector organi- lowing new subsection: 501(c) and exempt from tax under section zation of any liquid as a fuel.’’. ‘‘(n) EXPENSES PAID BY CERTAIN WHALING 501(a) which satisfies the requirements of (b) EXEMPTION FROM MANUFACTURERS EX- CAPTAINS IN SUPPORT OF NATIVE ALASKAN paragraph (1). CISE TAX.— SUBSISTENCE WHALING.— ‘‘(c) SPECIAL RULES AND LIMITATIONS.— (1) IN GENERAL.—Section 4221(a) (relating ‘‘(1) IN GENERAL.—In the case of an indi- ‘‘(1) AGGREGATE LIMITATION.—Unless other- to certain tax-free sales) is amended by vidual who is recognized by the Alaska Es- wise provided by specific appropriation, the striking ‘‘or’’ at the end of paragraph (4), by kimo Whaling Commission as a whaling cap- Secretary shall not allocate more than adding ‘‘or’’ at the end of paragraph (5), and tain charged with the responsibility of main- $10,000,000 per year (exclusive of costs of ad- by inserting after paragraph (5) the following taining and carrying out sanctioned whaling ministering the program) to grants under new paragraph: activities and who engages in such activities this section. ‘‘(6) to a qualified blood collector organiza- during the taxable year, the amount de- ‘‘(2) OTHER APPLICABLE RULES.—Rules simi- tion (as defined in section 7701(a)(48)) for scribed in paragraph (2) (to the extent such lar to the rules under paragraphs (2) through such organization’s exclusive use,’’. amount does not exceed $10,000 for the tax- (5) of section 7526(c) shall apply with respect (2) CONFORMING AMENDMENTS.— able year) shall be treated for purposes of to the awarding of grants to qualified return (A) The second sentence of section 4221(a) this section as a charitable contribution. preparation clinics.’’. is amended by striking ‘‘Paragraphs (4) and ‘‘(2) AMOUNT DESCRIBED.— (b) CLERICAL AMENDMENT.—The table of (5)’’ and inserting ‘‘Paragraphs (4), (5), and ‘‘(A) IN GENERAL.—The amount described in sections for chapter 77 is amended by insert- (6)’’. this paragraph is the aggregate of the rea- ing after the item relating to section 7526 the (B) Section 6421(c) is amended by striking sonable and necessary whaling expenses paid following new item: ‘‘or (5)’’ and inserting ‘‘(5), or (6)’’. by the taxpayer during the taxable year in (c) EXEMPTION FROM COMMUNICATION EXCISE carrying out sanctioned whaling activities. ‘‘Sec. 7526A. Return preparation clinics for TAX.— ‘‘(B) WHALING EXPENSES.—For purposes of low-income taxpayers.’’. (1) IN GENERAL.—Section 4253 (relating to subparagraph (A), the term ‘whaling ex- (c) EFFECTIVE DATE.—The amendments exemptions) is amended by redesignating penses’ includes expenses for— made by this section shall apply to grants subsection (k) as subsection (l) and inserting ‘‘(i) the acquisition and maintenance of made after the date of the enactment of this after subsection (j) the following new sub- whaling boats, weapons, and gear used in Act. section: sanctioned whaling activities, SEC. 313. EXEMPTION OF QUALIFIED 501(c)(3) ‘‘(k) EXEMPTION FOR QUALIFIED BLOOD COL- ‘‘(ii) the supplying of food for the crew and BONDS FOR NURSING HOMES FROM LECTOR ORGANIZATIONS.—Under regulations other provisions for carrying out such activi- FEDERAL GUARANTEE PROHIBI- provided by the Secretary, no tax shall be ties, and TIONS. imposed under section 4251 on any amount ‘‘(iii) storage and distribution of the catch (a) IN GENERAL.—Section 149(b)(3) (relating paid by a qualified blood collector organiza- from such activities. to exceptions) is amended by adding at the tion (as defined in section 7701(a)) for serv- ‘‘(3) SANCTIONED WHALING ACTIVITIES.—For end the following new subparagraph: ices or facilities furnished to such organiza- purposes of this subsection, the term ‘sanc- ‘‘(E) EXCEPTION FOR QUALIFIED 501(c)(3) tion.’’. tioned whaling activities’ means subsistence BONDS FOR NURSING HOMES.— (2) CONFORMING AMENDMENT.—Section bowhead whale hunting activities conducted ‘‘(i) IN GENERAL.—Paragraph (1) shall not 4253(l), as redesignated by paragraph (1), is pursuant to the management plan of the apply to any qualified 501(c)(3) bond issued amended by striking ‘‘or (j)’’ and inserting Alaska Eskimo Whaling Commission.’’. before the date which is 1 year after the date ‘‘(j), or (k)’’. (b) EFFECTIVE DATE.—The amendments of the enactment of this subparagraph for (d) CREDIT FOR REFUND FOR CERTAIN TAXES made by subsection (a) shall apply to con- the benefit of an organization described in ON SALES AND SERVICES.— tributions made after December 31, 2003. section 501(c)(3), if such bond is part of an (1) DEEMED OVERPAYMENT.— SEC. 312. MATCHING GRANTS TO LOW-INCOME issue the proceeds of which are used to fi- (A) IN GENERAL.—Section 6416(b)(2) is TAXPAYER CLINICS FOR RETURN nance 1 or more of the following facilities amended by redesignating subparagraphs (E) PREPARATION. primarily for the benefit of the elderly: and (F) as subparagraphs (F) and (G), respec- (a) IN GENERAL.—Chapter 77 (relating to ‘‘(I) Licensed nursing home facility. tively, and by inserting after subparagraph miscellaneous provisions) is amended by in- ‘‘(II) Licensed or certified assisted living (D) the following new subparagraph: serting after section 7526 the following new facility. ‘‘(E) sold to a qualified blood collector or- section: ‘‘(III) Licensed personal care facility. ganization’s (as defined in section 7701(a)(48)) ‘‘SEC. 7526A. RETURN PREPARATION CLINICS ‘‘(IV) Continuing care retirement commu- for such organization’s exclusive use;’’. FOR LOW-INCOME TAXPAYERS. nity. (B) CONFORMING AMENDMENTS.—Section ‘‘(a) IN GENERAL.—The Secretary may, sub- ‘‘(ii) LIMITATION.—With respect to any cal- 6416(b)(2) is amended— ject to the availability of appropriated endar year, clause (i) shall not apply to any (i) by striking ‘‘Subparagraphs (C) and (D)’’ funds, make grants to provide matching bond described in such clause if the aggre- and inserting ‘‘Subparagraphs (C), (D), and funds for the development, expansion, or gate authorized face amount of the issue of (E)’’, and continuation of qualified return preparation which such bond is a part when increased by (ii) by striking ‘‘(C), and (D)’’ and inserting clinics. the outstanding amount of such bonds issued ‘‘(C), (D), and (E)’’. ‘‘(b) DEFINITIONS.—For purposes of this sec- by the issuer for such calendar year exceeds (2) SALES OF TIRES.—Clause (ii) of section tion— $15,000,000. 6416(b)(4)(B) is amended by inserting ‘‘sold to

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.133 S09PT1 S5030 CONGRESSIONAL RECORD — SENATE April 9, 2003 a qualified blood collector organization (as (A) Section 146 of such Code (relating to (II) the quantity of timber removed from defined in section 7701(a)(48)),’’ after ‘‘for its volume cap) shall not apply. such land exceeds the quantity which can be exclusive use,’’. (B) For purposes of section 147(b) of such removed from such land annually in per- (e) DEFINITION OF QUALIFIED BLOOD COL- Code (relating to maturity may not exceed petuity on a sustained-yield basis with re- LECTOR ORGANIZATION.—Section 7701(a) is 120 percent of economic life), the land and spect to such land. amended by inserting at the end the fol- standing timber acquired with proceeds of The limitations under subclauses (I) and (II) lowing new paragraph: qualified forest conservation bonds shall shall not apply to post-fire restoration and ‘‘(48) QUALIFIED BLOOD COLLECTOR ORGANI- have an economic life of 35 years. rehabilitation or sanitation harvesting of ZATION.—For purposes of this title, the term (C) Subsections (c) and (d) of section 147 of timber stands which are substantially dam- ‘qualified blood collector organization’ such Code (relating to limitations on acqui- aged by fire, windthrow, or other catas- means an organization which is— sition of land and existing property) shall trophes, or which are in imminent danger ‘‘(A) described in section 501(c)(3) and ex- not apply. from insect or disease attack. empt from tax under section 501(a), (D) Section 57(a)(5) of such Code (relating (4) TERMINATION.—This subsection shall ‘‘(B) registered by the Food and Drug Ad- to tax-exempt interest) shall not apply to in- not apply to any qualified harvesting activ- ministration to collect blood, and terest on qualified forest conservation bonds. ity of a qualified organization occurring ‘‘(C) primarily engaged in the activity of (6) TREATMENT OF CURRENT REFUNDING the collection of blood.’’. after the date on which there is no out- BONDS.—Paragraphs (2)(C) and (3) shall not standing qualified forest conservation bond (f) EFFECTIVE DATE.— apply to any bond (or series of bonds) issued (1) IN GENERAL.—Except as provided in with respect to such qualified organization to refund a qualified forest conservation paragraph (2), the amendments made by this or any such bond ceases to be a tax-exempt bond issued before December 31, 2006, if— section shall apply with respect to excise bond. (A) the average maturity date of the issue taxes imposed on sales or uses occurring on (5) PARTIAL RECAPTURE OF BENEFITS IF HAR- of which the refunding bond is a part is not or after October 1, 2003. VESTING LIMIT EXCEEDED.—If, as of the date later than the average maturity date of the (2) REFUND OF GASOLINE TAX.—For purposes that this subsection ceases to apply under bonds to be refunded by such issue, of section 6421(c) of the Internal Revenue paragraph (3), the average annual area of (B) the amount of the refunding bond does Code of 1986 and any other provision that al- timber harvested from the land exceeds the not exceed the outstanding amount of the re- lows for a refund or a payment in respect of requirement of paragraph (3)(B)(ii)(I), the funded bond, and an excise tax payable at a level before the tax imposed by chapter 1 of the Internal Rev- sale to a qualified blood collector organiza- (C) the net proceeds of the refunding bond enue Code of 1986 shall be increased, under tion, the amendments made by this section are used to redeem the refunded bond not rules prescribed by the Secretary of the shall apply with respect to sales to a quali- later than 90 days after the date of the Treasury, by the sum of the tax benefits at- fied collector organization on or after Octo- issuance of the refunding bond. tributable to such excess and interest at the ber 1, 2003. For purposes of subparagraph (A), average underpayment rate under section 6621 of SEC. 315. PILOT PROJECT FOR FOREST CON- maturity shall be determined in accordance such Code for the period of the under- SERVATION ACTIVITIES. with section 147(b)(2)(A) of such Code. payment. (a) TAX-EXEMPT BOND FINANCING.— (7) EFFECTIVE DATE.—This subsection shall (c) DEFINITIONS.—For purposes of this sec- (1) IN GENERAL.—For purposes of the Inter- apply to obligations issued on or after the tion— nal Revenue Code of 1986, any qualified forest date which is 180 days after the enactment of (1) QUALIFIED CONSERVATION PLAN.—The conservation bond shall be treated as an ex- this Act. term ‘‘qualified conservation plan’’ means a empt facility bond under section 142 of such (b) ITEMS FROM QUALIFIED HARVESTING AC- multiple land use program or plan which— Code. TIVITIES NOT SUBJECT TO TAX OR TAKEN INTO (A) is designed and administered primarily (2) QUALIFIED FOREST CONSERVATION BOND.— ACCOUNT.— for the purposes of protecting and enhancing For purposes of this section, the term (1) IN GENERAL.—Income, gains, deductions, wildlife and fish, timber, scenic attributes, ‘‘qualified forest conservation bond’’ means losses, or credits from a qualified harvesting recreation, and soil and water quality of the any bond issued as part of an issue if— activity conducted by a qualified organiza- forest and forest land, (A) 95 percent or more of the net proceeds tion shall not be subject to tax or taken into (B) mandates that conservation of forest (as defined in section 150(a)(3) of such Code) account under subtitle A of the Internal Rev- and forest land is the single-most significant of such issue are to be used for qualified enue Code of 1986. use of the forest and forest land, and project costs, (2) LIMITATION.—The amount of income ex- (C) requires that timber harvesting be con- (B) such bond is issued for a qualified orga- cluded from gross income under paragraph sistent with— nization, and (1) for any taxable year shall not exceed the (i) restoring and maintaining reference (C) such bond is issued before December 31, amount used by the qualified organization to conditions for the region’s ecotype, 2006. make debt service payments during such tax- (ii) restoring and maintaining a represent- (3) LIMITATION ON AGGREGATE AMOUNT able year for qualified forest conservation ative sample of young, mid, and late succes- ISSUED.— bonds. sional forest age classes, (A) IN GENERAL.—The maximum aggregate (3) QUALIFIED HARVESTING ACTIVITY.—For (iii) maintaining or restoring the re- face amount of bonds which may be issued purposes of paragraph (1)— sources’ ecological health for purposes of under this subsection shall not exceed (A) IN GENERAL.—The term ‘‘qualified har- preventing damage from fire, insect, or dis- $2,000,000,000 for all projects (excluding re- vesting activity’’ means the sale, lease, or ease, funding bonds). harvesting, of standing timber— (iv) maintaining or enhancing wildlife or (B) ALLOCATION OF LIMITATION.—The limi- (i) on land owned by a qualified organiza- fish habitat, or tation described in subparagraph (A) shall be tion which was acquired with proceeds of (v) enhancing research opportunities in allocated by the Secretary of the Treasury qualified forest conservation bonds, sustainable renewable resource uses. among qualified organizations based on cri- (ii) with respect to which a written ac- (2) CONSERVATION RESTRICTION.—The con- teria established by the Secretary not later knowledgement has been obtained by the servation restriction described in this para- than 180 days after the date of the enactment qualified organization from the State or graph is a restriction which— of this section, after consultation with the local governments with jurisdiction over (A) is granted in perpetuity to an unre- Chief of the Forest Service. such land that the acquisition lessens the lated person which is described in section (4) QUALIFIED PROJECT COSTS.—For pur- burdens of such government with respect to 170(h)(3) of such Code and which, in the case poses of this subsection, the term ‘‘qualified such land, and of a nongovernmental unit, is organized and project costs’’ means the sum of— (iii) pursuant to a qualified conservation operated for conservation purposes, (A) the cost of acquisition by the qualified plan adopted by the qualified organization. (B) meets the requirements of clause (ii) or organization from an unrelated person of for- (B) EXCEPTIONS.— (iii)(II) of section 170(h)(4)(A) of such Code, ests and forest land which at the time of ac- (i) CESSATION AS QUALIFIED ORGANIZATION.— (C) obligates the qualified organization to quisition or immediately thereafter are sub- The term ‘‘qualified harvesting activity’’ pay the costs incurred by the holder of the ject to a conservation restriction described shall not include any sale, lease, or har- conservation restriction in monitoring com- in subsection (c)(2), vesting for any period during which the orga- pliance with such restriction, and (B) capitalized interest on the qualified nization ceases to qualify as a qualified orga- (D) requires an increasing level of con- forest conservation bonds for the 3-year pe- nization. servation benefits to be provided whenever riod beginning on the date of issuance of (ii) EXCEEDING LIMITS ON HARVESTING.—The circumstances allow it. such bonds, and term ‘‘qualified harvesting activity’’ shall (3) QUALIFIED ORGANIZATION.—The term (C) credit enhancement fees which con- not include any sale, lease, or harvesting of ‘‘qualified organization’’ means an organiza- stitute qualified guarantee fees (within the standing timber on land acquired with pro- tion— meaning of section 148 of such Code). ceeds of qualified forest conservation bonds (A) which is a nonprofit organization sub- (5) SPECIAL RULES.—In applying the Inter- to the extent that— stantially all the activities of which are nal Revenue Code of 1986 to any qualified for- (I) the average annual area of timber har- charitable, scientific, or educational, includ- est conservation bond, the following modi- vested from such land exceeds 2.5 percent of ing acquiring, protecting, restoring, man- fications shall apply: the total area of such land or, aging, and developing forest lands and other

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.133 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5031 renewable resources for the long-term chari- striking ‘‘not placed’’ and all that follows with respect to fiscal year 2002 and each fis- table, educational, scientific and public ben- and inserting ‘‘not so distributed shall be cal year thereafter. efit, contributed to a private foundation which is TITLE V—INDIVIDUAL DEVELOPMENT (B) more than half of the value of the prop- described in section 509(a) of the Internal ACCOUNTS erty of which consists of forests and forest Revenue Code of 1986 and exempt from tax SEC. 501. SHORT TITLE. land acquired with the proceeds from quali- under section 501(a) of such Code and which This title may be cited as the ‘‘Savings for fied forest conservation bonds, is dedicated to such beneficiaries not later Working Families Act of 2003’’. (C) which periodically conducts edu- than 36 months after the end of the fiscal SEC. 502. PURPOSES. cational programs designed to inform the year in which such funds, donations, or earn- The purposes of this title are to provide for public of environmentally sensitive forestry ings are received.’’. the establishment of individual development management and conservation techniques, (2) CONFORMING AMENDMENTS.—Section account programs that will— (D) which has at all times a board of direc- 601(c) of such Act is amended— (1) provide individuals and families with tors— (A) by striking ‘‘(or, if placed in a private limited means an opportunity to accumulate (i) at least 20 percent of the members of foundation, held in trust for)’’ in paragraph assets and to enter the financial main- which represent the holders of the conserva- (1) and inserting ‘‘(or contributed to a pri- stream, tion restriction described in paragraph (2), vate foundation described in paragraph (8) (2) promote education, homeownership, and (ii) at least 20 percent of the members of for the benefit of)’’, and the development of small businesses, which are public officials, and (B) by striking ‘‘invested in a private foun- (3) stabilize families and build commu- (iii) not more than one-third of the mem- dation’’ in paragraph (2) and inserting ‘‘con- nities, and bers of which are individuals who are or were tributed to a private foundation described in (4) support continued United States eco- at any time within 5 years before the begin- paragraph (8)’’. nomic expansion. ning of a term of membership on the board, (d) REQUIREMENTS FOR DISTRIBUTIONS FROM an employee of, independent contractor with SEC. 503. DEFINITIONS. TRUSTS.—Section 601(c)(9)(A) of the Home- As used in this title: respect to, officer of, director of, or held a land Security Act of 2002 is amended by (1) ELIGIBLE INDIVIDUAL.— material financial interest in, a commercial striking ‘‘should’’ and inserting ‘‘shall’’. (A) IN GENERAL.—The term ‘‘eligible indi- forest products enterprise with which the (e) REGULATIONS REGARDING NOTIFICATION qualified organization has a contractual or vidual’’ means, with respect to any taxable OF TRUST BENEFICIARIES.—Section 601(f) of year, an individual who— other financial arrangement, the Homeland Security Act of 2002 is amend- (E) the bylaws of which require at least (i) has attained the age of 18 but not the ed by striking ‘‘this section’’ and inserting age of 61 as of the last day of such taxable two-thirds of the members of the board of di- ‘‘subsection (e)’’. rectors to vote affirmatively to approve the year, (f) EFFECTIVE DATE.—The amendments (ii) is a citizen or lawful permanent resi- qualified conservation plan and any change made by this section shall take effect as if thereto, and dent (within the meaning of section 7701(b)(6) included in the enactment of section 601 of of the Internal Revenue Code of 1986) of the (F) upon dissolution, is required to dedi- the Homeland Security Act of 2002. cate its assets to— United States as of the last day of such tax- (i) an organization described in section TITLE IV—SOCIAL SERVICES BLOCK able year, 501(c)(3) of such Code which is organized and GRANT (iii) was not a student (as defined in sec- operated for conservation purposes, or SEC. 401. RESTORATION OF FUNDS FOR THE SO- tion 151(c)(4) of such Code) for the imme- (ii) a governmental unit described in sec- CIAL SERVICES BLOCK GRANT. diately preceding taxable year, tion 170(c)(1) of such Code. (a) FINDINGS.—Congress makes the fol- (iv) is not an individual with respect to (4) UNRELATED PERSON.—The term ‘‘unre- lowing findings: whom a deduction under section 151 of such lated person’’ means a person who is not a (1) On August 22, 1996, the Personal Re- Code is allowable to another taxpayer for a related person. sponsibility and Work Opportunity Rec- taxable year of the other taxpayer ending (5) RELATED PERSON.—A person shall be onciliation Act of 1996 (Public Law 104–193; during the immediately preceding taxable treated as related to another person if— 110 Stat. 2105) was signed into law. year of the individual, (A) such person bears a relationship to (2) In enacting that law, Congress author- (v) is not a taxpayer described in sub- such other person described in section 267(b) ized $2,800,000,000 for fiscal year 2003 and each section (c), (d), or (e) of section 6402 of such (determined without regard to paragraph (9) fiscal year thereafter to carry out the Social Code for the immediately preceding taxable thereof), or 707(b)(1), of such Code, deter- Services Block Grant program established year, mined by substituting ‘‘25 percent’’ for ‘‘50 under title XX of the Social Security Act (42 (vi) is not a taxpayer described in section percent’’ each place it appears therein, and U.S.C. 1397 et seq.). 1(d) of such Code for the immediately pre- (B) in the case such other person is a non- (b) RESTORATION OF FUNDS.—Section ceding taxable year, and profit organization, if such person controls 2003(c)(11) of the Social Security Act (42 (vii) is a taxpayer the modified adjusted directly or indirectly more than 25 percent of U.S.C. 1397b(c)(11)) is amended by inserting gross income of whom for the immediately the governing body of such organization. ‘‘, except that, with respect to fiscal year preceding taxable year does not exceed— SEC. 316. CLARIFICATION OF TREATMENT OF 2003, the amount shall be $1,975,000,000, and (I) $18,000, in the case of a taxpayer de- JOHNNY MICHEAL SPANN PATRIOT with respect to fiscal year 2004, the amount scribed in section 1(c) of such Code, TRUSTS. shall be $2,800,000,000’’ after ‘‘thereafter.’’. (II) $30,000, in the case of a taxpayer de- (a) CLARIFICATION OF TAX-EXEMPT STATUS SEC. 402. RESTORATION OF AUTHORITY TO scribed in section 1(b) of such Code, and OF TRUSTS.— TRANSFER UP TO 10 PERCENT OF (III) $38,000, in the case of a taxpayer de- (1) IN GENERAL.—Subsection (b) of section TANF FUNDS TO THE SOCIAL SERV- scribed in section 1(a) of such Code. 601 of the Homeland Security Act of 2002 is ICES BLOCK GRANT. (B) INFLATION ADJUSTMENT.— amended to read as follows: (a) IN GENERAL.—Section 404(d)(2) of the (i) IN GENERAL.—In the case of any taxable ‘‘(b) DESIGNATION OF JOHNNY MICHEAL Social Security Act (42 U.S.C. 604(d)(2)) is year beginning after 2004, each dollar SPANN PATRIOT TRUSTS.—Any charitable cor- amended to read as follows: amount referred to in subparagraph (A)(vii) poration, fund, foundation, or trust (or sepa- ‘‘(2) LIMITATION ON AMOUNT TRANSFERABLE shall be increased by an amount equal to— rate fund or account thereof) which is de- TO TITLE XX PROGRAMS.—A State may use not (I) such dollar amount, multiplied by scribed in section 501(c)(3) of the Internal more than 10 percent of the amount of any (II) the cost-of-living adjustment deter- Revenue Code of 1986 and exempt from tax grant made to the State under section 403(a) mined under section (1)(f)(3) of the Internal under section 501(a) of such Code and meets for a fiscal year to carry out State programs Revenue Code of 1986 for the calendar year in the requirements described in subsection (c) pursuant to title XX.’’. which the taxable year begins, by sub- shall be eligible to designate itself as a (b) EFFECTIVE DATE.—The amendment stituting ‘‘2003’’ for ‘‘1992’’. ‘Johnny Micheal Spann Patriot trust’.’’. made by subsection (a) applies to amounts (ii) ROUNDING.—If any amount as adjusted (2) CONFORMING AMENDMENT.—Section made available for fiscal year 2003 and each under clause (i) is not a multiple of $50, such 601(c)(3) of such Act is amended by striking fiscal year thereafter. ‘‘based’’ and all that follows through amount shall be rounded to the nearest mul- ‘‘Trust’’. SEC. 403. REQUIREMENT TO SUBMIT ANNUAL RE- tiple of $50. PORT ON STATE ACTIVITIES. (b) PUBLICLY AVAILABLE AUDITS.—Section (C) MODIFIED ADJUSTED GROSS INCOME.—For 601(c)(7) of the Homeland Security Act of 2002 (a) IN GENERAL.—Section 2006(c) of the So- purposes of subparagraph (A)(v), the term is amended by striking ‘‘shall be filed with cial Security Act (42 U.S.C. 1397e(c)) is ‘‘modified adjusted gross income’’ means ad- the Internal Revenue Service, and shall be amended by adding at the end the following: justed gross income— open to public inspection’’ and inserting ‘‘The Secretary shall compile the informa- (i) determined without regard to sections ‘‘shall be open to public inspection con- tion submitted by the States and submit 86, 893, 911, 931, and 933 of the Internal Rev- sistent with section 6104(d)(1) of the Internal that information to Congress on an annual enue Code of 1986, and Revenue Code of 1986’’. basis.’’. (ii) increased by the amount of interest re- (c) CLARIFICATION OF REQUIRED DISTRIBU- (b) EFFECTIVE DATE.—The amendment ceived or accrued by the taxpayer during the TIONS TO PRIVATE FOUNDATION.— made by subsection (a) applies to informa- taxable year which is exempt from tax. (1) IN GENERAL.—Section 601(c)(8) of the tion submitted by States under section 2006 (2) INDIVIDUAL DEVELOPMENT ACCOUNT.—The Homeland Security Act of 2002 is amended by of the Social Security Act (42 U.S.C. 1397e) term ‘‘Individual Development Account’’

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means an account established for an eligible (III) Qualified business capitalization or (1) IN GENERAL.—All qualified individual individual as part of a qualified individual expansion costs. development account programs shall consist development account program, but only if (IV) Qualified rollovers. of the following 2 components for each par- the written governing instrument creating (V) Qualified final distribution. ticipant: the account meets the following require- (ii) QUALIFIED HIGHER EDUCATION EX- (A) An Individual Development Account to ments: PENSES.— which an eligible individual may contribute (A) The owner of the account is the indi- (I) IN GENERAL.—The term ‘‘qualified high- cash in accordance with section 505. vidual for whom the account was estab- er education expenses’’ has the meaning (B) A parallel account to which all match- lished. given such term by section 529(e)(3) of the In- ing funds shall be deposited in accordance (B) No contribution will be accepted unless ternal Revenue Code of 1986, determined by with section 506. it is in cash, and, except in the case of any treating the Account owner, the owner’s (2) TAILORED IDA PROGRAMS.—A qualified fi- qualified rollover, contributions will not be spouse, or one or more of the owner’s depend- nancial institution may tailor its qualified accepted for the taxable year in excess of ents as a designated beneficiary, and reduced individual development account program to $1,500 on behalf of any individual. as provided in section 25A(g)(2) of such Code. allow matching funds to be spent on 1 or (C) The trustee of the account is a quali- (II) COORDINATION WITH OTHER BENEFITS.— more of the categories of qualified expenses. fied financial institution. The amount of expenses which may be taken (3) NO FEES MAY BE CHARGED TO IDAS.—A (D) The assets of the account will not be into account for purposes of section 135, 529, qualified financial institution may not commingled with other property except in a or 530 of such Code for any taxable year shall charge any fees to any Individual Develop- common trust fund or common investment be reduced by the amount of any qualified ment Account or parallel account under a fund. higher education expenses taken into ac- qualified individual development account (E) Except as provided in section 507(b), count as qualified expense distributions dur- program. any amount in the account may be paid out ing such taxable year. (c) COORDINATION WITH PUBLIC HOUSING only for the purpose of paying the qualified (iii) QUALIFIED FIRST-TIME HOMEBUYER AGENCY INDIVIDUAL SAVINGS ACCOUNTS.—Sec- expenses of the account owner. COSTS.—The term ‘‘qualified first-time home- tion 3(e)(2) of the United States Housing Act (3) PARALLEL ACCOUNT.—The term ‘‘parallel buyer costs’’ means qualified acquisition of 1937 (42 U.S.C. 1437a(e)(2)) is amended by account’’ means a separate, parallel indi- costs (as defined in section 72(t)(8)(C) of the inserting ‘‘or in any Individual Development vidual or pooled account for all matching Internal Revenue Code of 1986) with respect Account established under the Savings for funds and earnings dedicated to an Indi- to a principal residence (within the meaning Working Families Act of 2003’’ after ‘‘subsection’’. vidual Development Account owner as part of section 121 of such Code) for a qualified (d) TAX TREATMENT OF PARALLEL AC- of a qualified individual development ac- first-time homebuyer (as defined in section COUNTS.— count program, the trustee of which is a 72(t)(8)(D)(i) of such Code). qualified financial institution. (1) IN GENERAL.—Chapter 77 (relating to (iv) QUALIFIED BUSINESS CAPITALIZATION OR (4) QUALIFIED FINANCIAL INSTITUTION.—The miscellaneous provisions) is amended by add- EXPANSION COSTS.— term ‘‘qualified financial institution’’ means ing at the end the following new section: (I) IN GENERAL.—The term ‘‘qualified busi- any person authorized to be a trustee of any ‘‘SEC. 7528. TAX INCENTIVES FOR INDIVIDUAL DE- ness capitalization or expansion costs’’ VELOPMENT PARALLEL ACCOUNTS. individual retirement account under section means qualified expenditures for the capital- 408(a)(2) of the Internal Revenue Code of 1986. ‘‘For purposes of this title— ization or expansion of a qualified business (5) QUALIFIED INDIVIDUAL DEVELOPMENT AC- ‘‘(1) any account described in section pursuant to a qualified business plan. COUNT PROGRAM.—The term ‘‘qualified indi- 504(b)(1)(B) of the Savings for Working Fami- (II) QUALIFIED EXPENDITURES.—The term vidual development account program’’ lies Act of 2003 shall be exempt from tax- ‘‘qualified expenditures’’ means expenditures means a program established upon approval ation, normally associated with starting or expand- of the Secretary under section 504 after De- ‘‘(2) except as provided in section 45G, no ing a business and included in a qualified cember 31, 2002, under which— item of income, expense, basis, gain, or loss business plan, including costs for capital, (A) Individual Development Accounts and with respect to such an account may be plant, and equipment, inventory expenses, parallel accounts are held in trust by a taken into account, and qualified financial institution, and and attorney and accounting fees. ‘‘(3) any amount withdrawn from such an (B) additional activities determined by the (III) QUALIFIED BUSINESS.—The term account shall not be includible in gross in- Secretary, in consultation with the Sec- ‘‘qualified business’’ means any business come.’’. that does not contravene any law. retary of Health and Human Services, as nec- (2) CONFORMING AMENDMENT.—The table of essary to responsibly develop and administer (IV) QUALIFIED BUSINESS PLAN.—The term sections for chapter 77 is amended by adding accounts, including recruiting, providing fi- ‘‘qualified business plan’’ means a business at the end the following new item: nancial education and other training to Ac- plan which has been approved by the qualified financial institution and which meets ‘‘Sec. 7528. Tax incentives for individual de- count owners, and regular program moni- velopment parallel accounts.’’. toring, are carried out by the qualified finan- such requirements as the Secretary may cial institution. specify. (e) COORDINATION OF CERTAIN EXPENSES.— (6) QUALIFIED EXPENSE DISTRIBUTION.— (v) QUALIFIED ROLLOVERS.—The term Section 25A(g)(2) is amended by striking (A) IN GENERAL.—The term ‘‘qualified ex- ‘‘qualified rollover’’ means the complete dis- ‘‘and’’ at the end of subparagraph (C), by pense distribution’’ means any amount paid tribution of the amounts in an Individual striking the period at the end of subpara- (including through electronic payments) or Development Account and parallel account graph (D) and inserting ‘‘, and’’, and by add- distributed out of an Individual Development to another Individual Development Account ing at the end the following new subpara- Account or a parallel account established for and parallel account established in another graph: an eligible individual if such amount— qualified financial institution for the benefit ‘‘(D) a qualified expense distribution with (i) is used exclusively to pay the qualified of the Account owner. respect to qualified higher education ex- expenses of the Individual Development Ac- (vi) QUALIFIED FINAL DISTRIBUTION.—The penses from an Individual Development Ac- count owner or such owner’s spouse or de- term ‘‘qualified final distribution’’ means, in count or a parallel account under section pendents, the case of a deceased Account owner, the 507(a) of the Savings for Working Families (ii) is paid by the qualified financial insti- complete distribution of the amounts in the Act of 2003.’’. tution— Individual Development Account and par- SEC. 505. PROCEDURES FOR OPENING AND MAIN- (I) except as otherwise provided in this allel account directly to the spouse, any de- TAINING AN INDIVIDUAL DEVELOP- MENT ACCOUNT AND QUALIFYING clause, directly to the unrelated third party pendent, or other named beneficiary of the deceased. FOR MATCHING FUNDS. to whom the amount is due, (a) OPENING AN ACCOUNT.—An eligible indi- (7) SECRETARY.—The term ‘‘Secretary’’ (II) in the case of any qualified rollover, dividual may open an Individual Development means the Secretary of the Treasury. rectly to another Individual Development Account with a qualified financial institu- Account and parallel account, or SEC. 504. STRUCTURE AND ADMINISTRATION OF tion upon certification that such individual (III) in the case of a qualified final dis- QUALIFIED INDIVIDUAL DEVELOP- has never maintained any other Individual tribution, directly to the spouse, dependent, MENT ACCOUNT PROGRAMS. Development Account (other than an Indi- or other named beneficiary of the deceased (a) ESTABLISHMENT OF QUALIFIED INDI- vidual Development Account to be termi- Account owner, and VIDUAL DEVELOPMENT ACCOUNT PROGRAMS.— nated by a qualified rollover). (iii) is paid after the Account owner has Any qualified financial institution may (b) REQUIRED COMPLETION OF FINANCIAL completed a financial education course if re- apply to the Secretary for approval to estab- EDUCATION COURSE.— quired under section 505(b). lish 1 or more qualified individual develop- (1) IN GENERAL.—Before becoming eligible (B) QUALIFIED EXPENSES.— ment account programs which meet the re- to withdraw funds to pay for qualified ex- (i) IN GENERAL.—The term ‘‘qualified ex- quirements of this title and for an allocation penses, owners of Individual Development penses’’ means any of the following expenses of the Individual Development Account limi- Accounts must complete 1 or more financial approved by the qualified financial institu- tation under section 45G(i)(3) of the Internal education courses specified in the qualified tion: Revenue Code of 1986 with respect to such individual development account program. (I) Qualified higher education expenses. programs. (2) STANDARD AND APPLICABILITY OF (II) Qualified first-time homebuyer costs. (b) BASIC PROGRAM STRUCTURE.— COURSE.—The Secretary, in consultation

VerDate Jan 31 2003 04:10 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.134 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5033 with representatives of qualified individual the Internal Revenue Code of 1986, the Sec- (1) the accounts described in subparagraphs development account programs and financial retary shall prescribe regulations with re- (A) and (B) of section 504(b)(1) are operating educators, shall not later than January 1, spect to accounting for matching funds in pursuant to all the provisions of this title, 2004, establish minimum quality standards the parallel accounts. and for the contents of financial education (e) REGULAR REPORTING OF ACCOUNTS.— (2) the qualified financial institution courses and providers of such courses de- Any qualified financial institution shall re- agrees to implement an information system scribed in paragraph (1) and a protocol to export the balances in any Individual Develop- necessary to monitor the cost and outcomes empt individuals from the requirement ment Account and parallel account of an in- of the qualified individual development ac- under paragraph (1) in the case of hardship, dividual on not less than an annual basis to count program. lack of need, the attainment of age 65, or a such individual. (b) AUTHORITY TO TERMINATE QUALIFIED qualified final distribution. SEC. 507. WITHDRAWAL PROCEDURES. IDA PROGRAM.—If the Secretary determines (c) PROOF OF STATUS AS AN ELIGIBLE INDI- (a) WITHDRAWALS FOR QUALIFIED EX- that a qualified financial institution under VIDUAL.—Federal income tax forms for the PENSES.— this title is not operating a qualified indi- immediately preceding taxable year and any (1) IN GENERAL.—An Individual Develop- vidual development account program in ac- other evidence of eligibility which may be ment Account owner may withdraw funds in cordance with the requirements of this title required by a qualified financial institution order to pay qualified expense distributions (and has not implemented any corrective shall be presented to such institution at the from such individual’s— recommendations directed by the Secretary), time of the establishment of the Individual (A) Individual Development Account, but the Secretary shall terminate such institu- Development Account and in any taxable only from funds which have been on deposit tion’s authority to conduct the program. If year in which contributions are made to the in such Account for at least 1 year, and the Secretary is unable to identify a quali- Account to qualify for matching funds under (B) parallel account, but only— fied financial institution to assume the au- section 506(b)(1)(A). (i) from matching funds which have been thority to conduct such program, then any funds in a parallel account established for (d) SPECIAL RULE IN THE CASE OF MARRIED on deposit in such parallel account for at the benefit of any individual under such pro- INDIVIDUALS.—For purposes of this title, if, least 1 year, with respect to any taxable year, 2 married (ii) from earnings in such parallel account, gram shall be deposited into the Individual Development Account of such individual as individuals file a Federal joint income tax after all matching funds described in clause of the first day of such termination. return, then not more than 1 of such individ- (i) have been withdrawn, and uals may be treated as an eligible individual (iii) to the extent such withdrawal does not SEC. 509. REPORTING, MONITORING, AND EVAL- UATION. with respect to the succeeding taxable year. result in a remaining balance in such par- (a) RESPONSIBILITIES OF QUALIFIED FINAN- allel account which is less than the remain- SEC. 506. DEPOSITS BY QUALIFIED INDIVIDUAL CIAL INSTITUTIONS.— DEVELOPMENT ACCOUNT PRO- ing balance in the Individual Development (1) IN GENERAL.—Each qualified financial GRAMS. Account after such withdrawal. institution that operates a qualified indi- (a) PARALLEL ACCOUNTS.—The qualified fi- (2) PROCEDURE.—Upon receipt of a with- vidual development account program under nancial institution shall deposit all match- drawal request which meets the require- section 504 shall report annually to the Sec- ing funds for each Individual Development ments of paragraph (1), the qualified finan- retary within 90 days after the end of each Account into a parallel account at a quali- cial institution shall directly transfer the calendar year on— fied financial institution. funds electronically to the distributees de- (A) the number of individuals making con- (b) REGULAR DEPOSITS OF MATCHING scribed in section 503(6)(A)(ii). If a distributions into Individual Development Ac- FUNDS.— tributee is not equipped to receive funds counts and the amounts contributed, (1) IN GENERAL.—Subject to paragraph (2), electronically, the qualified financial insti- (B) the amounts contributed into Indi- the qualified financial institution shall de- tution may issue such funds by paper check vidual Development Accounts by eligible in- posit into the parallel account with respect to the distributee. dividuals and the amounts deposited into to each eligible individual the following (b) WITHDRAWALS FOR NONQUALIFIED EX- parallel accounts for matching funds, amounts: PENSES.—An Individual Development Ac- (C) the amounts withdrawn from Indi- (A) A dollar-for-dollar match for the first count owner may withdraw any amount of vidual Development Accounts and parallel $500 contributed by the eligible individual funds from the Individual Development Ac- accounts, and the purposes for which such into an Individual Development Account count for purposes other than to pay quali- amounts were withdrawn, with respect to any taxable year of such in- fied expense distributions, but if, after such (D) the balances remaining in Individual dividual. withdrawal, the amount in the parallel ac- Development Accounts and parallel ac- (B) Any matching funds provided by State, count of such owner (excluding earnings on counts, and local, or private sources in accordance with matching funds) exceeds the amount remain- (E) such other information needed to help the matching ratio set by those sources. ing in such Individual Development Account, the Secretary monitor the effectiveness of (2) TIMING OF DEPOSITS.—A deposit of the then such owner shall forfeit from the par- the qualified individual development account amounts described in paragraph (1) shall be allel account the lesser of such excess or the program (provided in a non-individually- made into a parallel account— amount withdrawn. identifiable manner). (A) in the case of amounts described in (c) WITHDRAWALS FROM ACCOUNTS OF NON- (2) ADDITIONAL REPORTING REQUIREMENTS.— paragraph (1)(A), not later than 30 days after ELIGIBLE INDIVIDUALS.—If the individual for Each qualified financial institution that op- the end of the calendar quarter during which whose benefit an Individual Development Ac- erates a qualified individual development ac- the contribution described in such paragraph count is established ceases to be an eligible count program under section 504 shall report was made, and individual, such account shall remain an In- at such time and in such manner as the Sec- (B) in the case of amounts described in dividual Development Account, but such in- retary may prescribe any additional infor- paragraph (1)(B), not later than 2 business dividual shall not be eligible for any further mation that the Secretary requires to be days after such amounts were provided. matching funds under section 506(b)(1)(A) for provided for purposes of administering and (3) CROSS REFERENCE.— contributions which are made to the Ac- count during any taxable year when such in- supervising the qualified individual develop- For allowance of tax credit for Individual dividual is not an eligible individual. ment account program. This additional data Development Account subsidies, including (d) EFFECT OF PLEDGING ACCOUNT AS SECU- may include, without limitation, identifying matching funds, see section 45G of the Inter- RITY.—If, during any taxable year of the indi- information about Individual Development nal Revenue Code of 1986. vidual for whose benefit an Individual Devel- Account owners, their Accounts, additions to (c) DEPOSIT OF MATCHING FUNDS INTO INDI- opment Account is established, that indi- the Accounts, and withdrawals from the Ac- VIDUAL DEVELOPMENT ACCOUNT OF INDIVIDUAL vidual uses the Account, the individual’s counts. WHO HAS ATTAINED AGE 65.—In the case of an parallel account, or any portion thereof as (b) RESPONSIBILITIES OF THE SECRETARY.— Individual Development Account owner who security for a loan, the portion so used shall (1) MONITORING PROTOCOL.—Not later than attains the age of 65, the qualified financial be treated as a withdrawal of such portion 12 months after the date of the enactment of institution shall deposit the funds in the par- from the Individual Development Account this Act, the Secretary, in consultation with allel account with respect to such individual for purposes other than to pay qualified ex- the Secretary of Health and Human Services, into the Individual Development Account of penses. shall develop and implement a protocol and such individual on the later of— SEC. 508. CERTIFICATION AND TERMINATION OF process to monitor the cost and outcomes of (1) the day which is the 1-year anniversary QUALIFIED INDIVIDUAL DEVELOP- the qualified individual development account of the deposit of such funds in the parallel MENT ACCOUNT PROGRAMS. programs established under section 504. account, or (a) CERTIFICATION PROCEDURES.—Upon es- (2) ANNUAL REPORTS.—For each year after (2) the first business day of the taxable tablishing a qualified individual develop- 2004, the Secretary shall submit a progress year of such individual following the taxable ment account program under section 504, a report to Congress on the status of such year in which such individual attained age qualified financial institution shall certify qualified individual development account 65. to the Secretary at such time and in such programs. Such report shall, to the extent (d) UNIFORM ACCOUNTING REGULATIONS.—To manner as may be prescribed by the Sec- data are available, include from a represent- ensure proper recordkeeping and determina- retary and accompanied by any documenta- ative sample of qualified individual develop- tion of the tax credit under section 45G of tion required by the Secretary, that— ment account programs information on—

VerDate Jan 31 2003 04:10 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.134 S09PT1 S5034 CONGRESSIONAL RECORD — SENATE April 9, 2003 (A) the characteristics of participants, in- and for each fiscal year through 2012, for the entity under subsection (a) to any person cluding age, gender, race or ethnicity, mar- purposes of implementing this title, includ- other than to another eligible entity which ital status, number of children, employment ing the reporting, monitoring, and evalua- is exempt from tax under this title. The de- status, and monthly income, tion required under section 509, to remain termination as to whether a credit is allow- (B) deposits, withdrawals, balances, uses of available until expended. able shall be made without regard to the tax- Individual Development Accounts, and par- SEC. 511. MATCHING FUNDS FOR INDIVIDUAL DE- exempt status of the eligible entity. ticipant characteristics, VELOPMENT ACCOUNTS PROVIDED ‘‘(2) CONSENT REQUIRED FOR REVOCATION.— (C) the characteristics of qualified indi- THROUGH A TAX CREDIT FOR Any transfer under paragraph (1) may be re- vidual development account programs, in- QUALIFIED FINANCIAL INSTITU- voked only with the consent of the Sec- cluding match rate, economic education re- TIONS. retary. (a) IN GENERAL.—Subpart D of part IV of quirements, permissible uses of accounts, ‘‘(h) REGULATIONS.—The Secretary may subchapter A of chapter 1 (relating to busi- staffing of programs in full time employees, prescribe such regulations as may be nec- ness related credits) is amended by adding at and the total costs of programs, and essary or appropriate to carry out this sec- the end the following new section: (D) process information on program imple- tion, including mentation and administration, especially on ‘‘SEC. 45G. INDIVIDUAL DEVELOPMENT ACCOUNT ‘‘(1) such regulations as necessary to in- INVESTMENT CREDIT. problems encountered and how problems sure that any credit described in subsection ‘‘(a) DETERMINATION OF AMOUNT.—For pur- were solved. (g)(1) is claimed once and not retransferred poses of section 38, the individual develop- (3) REAUTHORIZATION REPORT ON COST AND by a transferee, and ment account investment credit determined OUTCOMES OF IDAS.— ‘‘(2) regulations providing for a recapture under this section with respect to any eligi- (A) IN GENERAL.—Not later than July 1, of the credit allowed under this section (not- ble entity for any taxable year is an amount 2008, the Secretary of the Treasury shall sub- withstanding any termination date described equal to the individual development account mit a report to Congress and the chairmen in subsection (i)) in cases where there is a investment provided by such eligible entity and ranking members of the Committee on forfeiture under section 507(b) of the Savings during the taxable year under an individual Finance, the Committee on Banking, Hous- for Working Families Act of 2003 in a subse- development account program established ing, and Urban Affairs, and the Committee quent taxable year of any amount which was on Health, Education, Labor, and Pensions of under section 504 of the Savings for Working taken into account in determining the the Senate and the Committee on Ways and Families Act of 2003. amount of such credit. Means, the Committee on Banking and Fi- ‘‘(b) APPLICABLE TAX.—For the purposes of nancial Services, and the Committee on Edu- this section, the term ‘applicable tax’ means ‘‘(i) APPLICATION OF SECTION.— cation and the Workforce of the House of the excess (if any) of— ‘‘(1) IN GENERAL.—This section shall apply Representatives, in which the Secretary ‘‘(1) the tax imposed under this chapter to any expenditure made in any taxable year shall— (other than the taxes imposed under the pro- ending after December 31, 2004, and begin- (i) summarize the previously submitted an- visions described in subparagraphs (C) ning on or before January 1, 2012, with re- nual reports required under paragraph (2), through (Q) of section 26(b)(2)), over spect to any Individual Development Ac- (ii) from a representative sample of quali- ‘‘(2) the credits allowable under subpart B count which— fied individual development account pro- (other than this section) and subpart D of ‘‘(A) is opened before January 1, 2012, and grams, include an analysis of— this part. ‘‘(B) as determined by the Secretary, when (I) the economic, social, and behavioral ‘‘(c) INDIVIDUAL DEVELOPMENT ACCOUNT IN- added to all of the previously opened Indi- outcomes, VESTMENT.—For purposes of this section, the vidual Development Accounts, does not ex- (II) the changes in savings rates, asset term ‘individual development account in- ceed— holdings, and household debt, and overall vestment’ means, with respect to an indi- ‘‘(i) 100,000 Accounts if opened after Decem- changes in economic stability, vidual development account program in any ber 31, 2004, and before January 1, 2007, (III) the changes in outlooks, attitudes, taxable year, an amount equal to the sum ‘‘(ii) an additional 100,000 Accounts if and behavior regarding savings strategies, of— opened after December 31, 2006, and before investment, education, and family, ‘‘(1) the aggregate amount of dollar-for- January 1, 2009, but only if, except as pro- (IV) the integration into the financial dollar matches under such program under vided in paragraph (4), the total number of mainstream, including decreased reliance on section 506(b)(1)(A) of the Savings for Work- Accounts described in clause (i) are opened alternative financial services, and increase ing Families Act of 2003 for such taxable and the Secretary determines that such Ac- in acquisition of mainstream financial prod- year, plus counts are being reasonably and responsibly ucts, and ‘‘(2) $50 with respect to each Individual De- administered, and (V) the involvement in civic affairs, includ- velopment Account maintained— ‘‘(iii) an additional 100,000 Accounts if ing neighborhood schools and associations, ‘‘(A) as of the end of such taxable year, but opened after December 31, 2008, and before associated with participation in qualified in- only if such taxable year is within the 7-tax- January 1, 2012, but only if the total number dividual development account programs, able-year period beginning with the taxable of Accounts described in clauses (i) and (ii) (iii) from a representative sample of quali- year in which such Account is opened, and are opened and the Secretary makes a deter- fied individual development account pro- ‘‘(B) with a balance of not less than $100 mination described in paragraph (2). grams, include a comparison of outcomes as- (other than the taxable year in which such Notwithstanding the preceding sentence, sociated with such programs with outcomes Account is opened). this section shall apply to amounts which associated with other Federal Government ‘‘(d) ELIGIBLE ENTITY.—For purposes of this are described in subsection (c)(1)(A) and social and economic development programs, section, except as provided in regulations, which are timely deposited into a parallel including asset building programs, and the term ‘eligible entity’ means a qualified account during the 30-day period following (iv) make recommendations regarding the financial institution. the end of last taxable year beginning before reauthorization of the qualified individual ‘‘(e) OTHER DEFINITIONS.—For purposes of January 1, 2012. development account programs, including— this section, any term used in this section ‘‘(2) DETERMINATION WITH RESPECT TO THIRD (I) recommendations regarding reforms and also in the Savings for Working Families GROUP OF ACCOUNTS.—A determination is de- that will improve the cost and outcomes of Act of 2003 shall have the meaning given scribed in this paragraph if the Secretary de- the such programs, including the ability to such term by such Act. termines that— help low income families save and accumu- ‘‘(f) DENIAL OF DOUBLE BENEFIT.— ‘‘(A) substantially all of the previously late productive assets, ‘‘(1) IN GENERAL.—No deduction or credit opened Accounts have been reasonably and (II) recommendations regarding the appro- (other than under this section) shall be al- responsibly administered prior to the date of priate levels of subsidies to provide effective lowed under this chapter with respect to any the determination, incentives to financial institutions and Ac- expense which— ‘‘(B) the individual development account count owners under such programs, and ‘‘(A) is taken into account under sub- programs have increased net savings of par- (III) recommendations regarding how such section (c)(1)(A) in determining the credit ticipants in the programs, programs should be integrated into other under this section, or ‘‘(C) participants in the individual develop- Federal poverty reduction, asset building, ‘‘(B) is attributable to the maintenance of ment account programs have increased Fed- and community development policies and an Individual Development Account. eral income tax liability and decreased utili- programs. ‘‘(2) DETERMINATION OF AMOUNT.—Solely for zation of Federal assistance programs rel- (B) AUTHORIZATION.—There is authorized to purposes of paragraph (1)(B), the amount at- ative to similarly situated individuals that be appropriated $2,500,000, for carrying out tributable to the maintenance of an Indi- did not participate in the individual develop- the purposes of this paragraph. vidual Development Account shall be deemed ment account programs, and (4) USE OF ACCOUNTS IN RURAL AREAS EN- to be the dollar amount of the credit allowed ‘‘(D) the sum of the estimated increased COURAGED.—The Secretary shall develop under subsection (c)(l)(B) for each taxable Federal tax liability and reduction of Fed- methods to encourage the use of Individual year such Individual Development Account eral assistance program benefits to partici- Development Accounts in rural areas. is maintained. pants in the individual development account SEC. 510. AUTHORIZATION OF APPROPRIATIONS. ‘‘(g) CREDIT MAY BE TRANSFERRED.— programs is greater than the cost of the indi- There is authorized to be appropriated to ‘‘(1) IN GENERAL.—An eligible entity may vidual development account programs to the the Secretary $1,000,000 for fiscal year 2004 transfer any credit allowable to the eligible Federal government.

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‘‘(3) DETERMINATION OF LIMITATION.—The ury $80,000,000 for each fiscal year to carry ‘‘(3) DEFINITIONS AND SPECIAL RULES.—For limitation on the number of Individual De- out the administration of exempt organiza- purposes of this subsection— velopment Accounts under paragraph (1)(B) tions by the Internal Revenue Service. ‘‘(A) ECONOMIC SUBSTANCE DOCTRINE.—The shall be allocated by the Secretary among (b) IMPLEMENTATION OF SECTION 527.—There term ‘economic substance doctrine’ means qualified individual development account is authorized to be appropriated to the Sec- the common law doctrine under which tax programs selected by the Secretary and, in retary of the Treasury $3,000,000 to carry out benefits under subtitle A with respect to a the case of the limitation under clause (iii) the provisions of Public Laws 106–230 and 107– transaction are not allowable if the trans- of such paragraph, shall be equally divided 276 relating to section 527 of the Internal action does not have economic substance or among the States. Revenue Code of 1986. lacks a business purpose. ‘‘(4) SPECIAL RULE IF SMALLER NUMBER OF TITLE VII—REVENUE PROVISIONS ‘‘(B) TAX-INDIFFERENT PARTY.—The term ACCOUNTS ARE OPENED.—For purposes of para- Subtitle A—Provisions Designed To Curtail ‘tax-indifferent party’ means any person or graph (1)(B)(ii)— Tax Shelters entity not subject to tax imposed by subtitle ‘‘(i) IN GENERAL.—If less than 100,000 Ac- SEC. 701. CLARIFICATION OF ECONOMIC SUB- A. A person shall be treated as a tax-indif- counts are opened before January 1, 2007, STANCE DOCTRINE. ferent party with respect to a transaction if such paragraph shall be applied by sub- (a) IN GENERAL.—Section 7701, as amended the items taken into account with respect to stituting ‘‘applicable number of Accounts’ by this Act, is amended by redesignating the transaction have no substantial impact for ‘100,000 Accounts’. subsection (o) as subsection (p) and by in- on such person’s liability under subtitle A. ‘‘(ii) APPLICABLE NUMBER.—For purposes of serting after subsection (n) the following ‘‘(C) EXCEPTION FOR PERSONAL TRANS- clause (i), the applicable number equals the new subsection: ACTIONS OF INDIVIDUALS.—In the case of an lesser of— ‘‘(o) CLARIFICATION OF ECONOMIC SUBSTANCE individual, this subsection shall apply only ‘‘(I) 75,000, or DOCTRINE; ETC.— to transactions entered into in connection ‘‘(II) 3 times the number of Accounts ‘‘(1) GENERAL RULES.— with a trade or business or an activity en- opened before January 1, 2007.’’. ‘‘(A) IN GENERAL.—In applying the eco- gaged in for the production of income. (b) CREDIT TREATED AS BUSINESS CREDIT.— nomic substance doctrine, the determination ‘‘(D) TREATMENT OF LESSORS.—In applying Section 38(b) (relating to current year busi- of whether a transaction has economic sub- subclause (I) of paragraph (1)(B)(ii) to the ness credit) is amended by striking ‘‘plus’’ at stance shall be made as provided in this lessor of tangible property subject to a lease, the end of paragraph (14), by striking the pe- paragraph. the expected net tax benefits shall not in- riod at the end of paragraph (15) and insert- ‘‘(B) DEFINITION OF ECONOMIC SUBSTANCE.— clude the benefits of depreciation, or any tax ing ‘‘, plus’’, and by adding at the end the For purposes of subparagraph (A)— credit, with respect to the leased property following new paragraph: ‘‘(i) IN GENERAL.—A transaction has eco- and subclause (II) of paragraph (1)(B)(ii) ‘‘(16) the individual development account nomic substance only if— shall be disregarded in determining whether investment credit determined under section ‘‘(I) the transaction changes in a meaning- any of such benefits are allowable. 45G(a).’’. ful way (apart from Federal tax effects and, ‘‘(4) OTHER COMMON LAW DOCTRINES NOT AF- (c) NO CARRYBACKS.—Subsection (d) of sec- if there is any Federal tax effects, also apart FECTED.—Except as specifically provided in tion 39 (relating to carryback and from any foreign, State, or local tax effects) this subsection, the provisions of this sub- carryforward of unused credits) is amended the taxpayer’s economic position, and section shall not be construed as altering or by adding at the end the following: ‘‘(II) the taxpayer has a substantial nontax supplanting any other rule of law, and the ‘‘(11) NO CARRYBACK OF SECTION 45G CREDIT purpose for entering into such transaction requirements of this subsection shall be con- BEFORE EFFECTIVE DATE.—No portion of the and the transaction is a reasonable means of strued as being in addition to any such other unused business credit for any taxable year accomplishing such purpose. rule of law. which is attributable to the individual devel- ‘‘(ii) SPECIAL RULE WHERE TAXPAYER RELIES ‘‘(5) REGULATIONS.—The Secretary shall opment account investment credit deter- ON PROFIT POTENTIAL.—A transaction shall prescribe such regulations as may be nec- mined under section 45G may be carried back not be treated as having economic substance essary or appropriate to carry out the pur- to a taxable year ending before January 1, by reason of having a potential for profit un- poses of this subsection. Such regulations 2004.’’. less— may include exemptions from the applica- (d) CONFORMING AMENDMENT.—The table of ‘‘(I) the present value of the reasonably ex- tion of this subsection.’’. sections for subpart C of part IV of sub- pected pre-tax profit from the transaction is (b) EFFECTIVE DATE.—The amendments chapter A of chapter 1 is amended by adding substantial in relation to the present value made by this section shall apply to trans- at the end the following new item: of the expected net tax benefits that would actions entered into after February 15, 2004. ‘‘Sec. 45G. Individual development account be allowed if the transaction were respected, SEC. 702. PENALTY FOR FAILING TO DISCLOSE investment credit.’’. and REPORTABLE TRANSACTION. ‘‘(II) the reasonably expected pre-tax profit (a) IN GENERAL.—Part I of subchapter B of (e) REPORT REGARDING ACCOUNT MAINTE- from the transaction exceeds a risk-free rate chapter 68 (relating to assessable penalties) NANCE FEES.—The Secretary of the Treasury of return. is amended by inserting after section 6707 shall study the adequacy of the amount spec- the following new section: ified in section 45G(c)(2) of the Internal Rev- ‘‘(C) TREATMENT OF FEES AND FOREIGN TAXES.—Fees and other transaction expenses ‘‘SEC. 6707A. PENALTY FOR FAILURE TO INCLUDE enue Code of 1986 (as added by this section). REPORTABLE TRANSACTION INFOR- Not later than December 31, 2009, the Sec- and foreign taxes shall be taken into account as expenses in determining pre-tax profit MATION WITH RETURN OR STATE- retary of the Treasury shall report the find- MENT. under subparagraph (B)(ii). ings of the study described in the preceding ‘‘(a) IMPOSITION OF PENALTY.—Any person sentence to Congress. ‘‘(2) SPECIAL RULES FOR TRANSACTIONS WITH who fails to include on any return or state- (f) EFFECTIVE DATE.—The amendments TAX-INDIFFERENT PARTIES.— ment any information with respect to a re- made by this section shall apply to taxable ‘‘(A) SPECIAL RULES FOR FINANCING TRANS- portable transaction which is required under years ending after December 31, 2004. ACTIONS.—The form of a transaction which is section 6011 to be included with such return SEC. 512. ACCOUNT FUNDS DISREGARDED FOR in substance the borrowing of money or the or statement shall pay a penalty in the PURPOSES OF CERTAIN MEANS- acquisition of financial capital directly or amount determined under subsection (b). TESTED FEDERAL PROGRAMS. indirectly from a tax-indifferent party shall ‘‘(b) AMOUNT OF PENALTY.— Notwithstanding any other provision of not be respected if the present value of the ‘‘(1) IN GENERAL.—Except as provided in Federal law (other than the Internal Rev- deductions to be claimed with respect to the paragraphs (2) and (3), the amount of the enue Code of 1986) that requires consider- transaction is substantially in excess of the penalty under subsection (a) shall be $50,000. ation of 1 or more financial circumstances of present value of the anticipated economic re- ‘‘(2) LISTED TRANSACTION.—The amount of an individual, for the purpose of determining turns of the person lending the money or the penalty under subsection (a) with respect eligibility to receive, or the amount of, any providing the financial capital. A public of- to a listed transaction shall be $100,000. assistance or benefit authorized by such pro- fering shall be treated as a borrowing, or an ‘‘(3) INCREASE IN PENALTY FOR LARGE ENTI- vision to be provided to or for the benefit of acquisition of financial capital, from a tax- TIES AND HIGH NET WORTH INDIVIDUALS.— such individual, any amount (including earn- indifferent party if it is reasonably expected ‘‘(A) IN GENERAL.—In the case of a failure ings thereon) in any Individual Development that at least 50 percent of the offering will be under subsection (a) by— Account of such individual and any match- placed with tax-indifferent parties. ‘‘(i) a large entity, or ing deposit made on behalf of such individual ‘‘(B) ARTIFICIAL INCOME SHIFTING AND BASIS ‘‘(ii) a high net worth individual, (including earnings thereon) in any parallel ADJUSTMENTS.—The form of a transaction the penalty under paragraph (1) or (2) shall account shall be disregarded for such purpose with a tax-indifferent party shall not be re- be twice the amount determined without re- with respect to any period during which such spected if— gard to this paragraph. individual maintains or makes contributions ‘‘(i) it results in an allocation of income or ‘‘(B) LARGE ENTITY.—For purposes of sub- into such Individual Development Account. gain to the tax-indifferent party in excess of paragraph (A), the term ‘large entity’ means, TITLE VI—MANAGEMENT OF EXEMPT such party’s economic income or gain, or with respect to any taxable year, a person ORGANIZATIONS ‘‘(ii) it results in a basis adjustment or (other than a natural person) with gross re- SEC. 601. AUTHORIZATION OF APPROPRIATIONS. shifting of basis on account of overstating ceipts in excess of $10,000,000 for the taxable (a) IN GENERAL.—There is authorized to be the income or gain of the tax-indifferent year in which the reportable transaction oc- appropriated to the Secretary of the Treas- party. curs or the preceding taxable year. Rules

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similar to the rules of paragraph (2) and sub- ‘‘(2) which— ‘‘(c) HIGHER PENALTY FOR NONDISCLOSED paragraphs (B), (C), and (D) of paragraph (3) ‘‘(A) is required to pay a penalty under this LISTED AND OTHER AVOIDANCE TRANS- of section 448(c) shall apply for purposes of section with respect to a listed transaction, ACTIONS.— this subparagraph. ‘‘(B) is required to pay a penalty under sec- ‘‘(1) IN GENERAL.—Subsection (a) shall be ‘‘(C) HIGH NET WORTH INDIVIDUAL.—The tion 6662A with respect to any reportable applied by substituting ‘30 percent’ for ‘20 term ‘high net worth individual’ means, with transaction at a rate prescribed under sec- percent’ with respect to the portion of any respect to a transaction, a natural person tion 6662A(c), or reportable transaction understatement with whose net worth exceeds $2,000,000 imme- ‘‘(C) is required to pay a penalty under sec- respect to which the requirement of section diately before the transaction. tion 6662B with respect to any noneconomic 6664(d)(2)(A) is not met. ‘‘(c) DEFINITIONS.—For purposes of this sec- substance transaction, ‘‘(2) RULES APPLICABLE TO COMPROMISE OF tion— the requirement to pay such penalty shall be PENALTY.— ‘‘(1) REPORTABLE TRANSACTION.—The term disclosed in such reports filed by such person ‘‘(A) IN GENERAL.—If the 1st letter of pro- ‘reportable transaction’ means any trans- for such periods as the Secretary shall speci- posed deficiency which allows the taxpayer action with respect to which information is fy. Failure to make a disclosure in accord- an opportunity for administrative review in required to be included with a return or ance with the preceding sentence shall be the Internal Revenue Service Office of Ap- statement because, as determined under reg- treated as a failure to which the penalty peals has been sent with respect to a penalty ulations prescribed under section 6011, such under subsection (b)(2) applies. to which paragraph (1) applies, only the transaction is of a type which the Secretary ‘‘(f) COORDINATION WITH OTHER PEN- Commissioner of Internal Revenue may com- determines as having a potential for tax ALTIES.—The penalty imposed by this section promise all or any portion of such penalty. avoidance or evasion. is in addition to any penalty imposed under ‘‘(B) APPLICABLE RULES.—The rules of para- ‘‘(2) LISTED TRANSACTION.—Except as pro- this title.’’. graphs (2), (3), (4), and (5) of section 6707A(d) vided in regulations, the term ‘listed trans- (b) CONFORMING AMENDMENT.—The table of shall apply for purposes of subparagraph (A). action’ means a reportable transaction sections for part I of subchapter B of chapter ‘‘(d) DEFINITIONS OF REPORTABLE AND LIST- which is the same as, or substantially simi- 68 is amended by inserting after the item re- ED TRANSACTIONS.—For purposes of this sec- lar to, a transaction specifically identified lating to section 6707 the following: tion, the terms ‘reportable transaction’ and by the Secretary as a tax avoidance trans- ‘‘Sec. 6707A. Penalty for failure to include re- ‘listed transaction’ have the respective action for purposes of section 6011. portable transaction informa- meanings given to such terms by section ‘‘(d) AUTHORITY TO RESCIND PENALTY.— tion with return or state- 6707A(c). ‘‘(1) IN GENERAL.—The Commissioner of In- ‘‘(e) SPECIAL RULES.— ternal Revenue may rescind all or any por- ment.’’. ‘‘(1) COORDINATION WITH PENALTIES, ETC., ON tion of any penalty imposed by this section (c) EFFECTIVE DATE.—The amendments with respect to any violation if— made by this section shall apply to returns OTHER UNDERSTATEMENTS.—In the case of an ‘‘(A) the violation is with respect to a re- and statements the due date for which is understatement (as defined in section portable transaction other than a listed after the date of the enactment of this Act. 6662(d)(2))— transaction, SEC. 703. ACCURACY-RELATED PENALTY FOR ‘‘(A) the amount of such understatement ‘‘(B) the person on whom the penalty is im- LISTED TRANSACTIONS AND OTHER (determined without regard to this para- REPORTABLE TRANSACTIONS HAV- graph) shall be increased by the aggregate posed has a history of complying with the re- ING A SIGNIFICANT TAX AVOIDANCE quirements of this title, amount of reportable transaction under- PURPOSE. statements and noneconomic substance ‘‘(C) it is shown that the violation is due to (a) IN GENERAL.—Subchapter A of chapter transaction understatements for purposes of an unintentional mistake of fact; 68 is amended by inserting after section 6662 determining whether such understatement is ‘‘(D) imposing the penalty would be the following new section: against equity and good conscience, and a substantial understatement under section ‘‘SEC. 6662A. IMPOSITION OF ACCURACY-RE- 6662(d)(1), and ‘‘(E) rescinding the penalty would promote LATED PENALTY ON UNDERSTATE- compliance with the requirements of this MENTS WITH RESPECT TO REPORT- ‘‘(B) the addition to tax under section title and effective tax administration. ABLE TRANSACTIONS. 6662(a) shall apply only to the excess of the amount of the substantial understatement ‘‘(2) DISCRETION.—The exercise of authority ‘‘(a) IMPOSITION OF PENALTY.—If a taxpayer under paragraph (1) shall be at the sole dis- has a reportable transaction understatement (if any) after the application of subparagraph cretion of the Commissioner and may be del- for any taxable year, there shall be added to (A) over the aggregate amount of reportable egated only to the head of the Office of Tax the tax an amount equal to 20 percent of the transaction understatements and non- Shelter Analysis. The Commissioner, in the amount of such understatement. economic substance transaction understate- Commissioner’s sole discretion, may estab- ‘‘(b) REPORTABLE TRANSACTION UNDER- ments. lish a procedure to determine if a penalty STATEMENT.—For purposes of this section— ‘‘(2) COORDINATION WITH OTHER PENALTIES.— should be referred to the Commissioner or ‘‘(1) IN GENERAL.—The term ‘reportable ‘‘(A) APPLICATION OF FRAUD PENALTY.—Ref- the head of such Office for a determination transaction understatement’ means the sum erences to an underpayment in section 6663 under paragraph (1). of— shall be treated as including references to a ‘‘(A) the product of— reportable transaction understatement and a ‘‘(3) NO APPEAL.—Notwithstanding any other provision of law, any determination ‘‘(i) the amount of the increase (if any) in noneconomic substance transaction under- under this subsection may not be reviewed in taxable income which results from a dif- statement. any administrative or judicial proceeding. ference between the proper tax treatment of ‘‘(B) NO DOUBLE PENALTY.—This section an item to which this section applies and the shall not apply to any portion of an under- ‘‘(4) RECORDS.—If a penalty is rescinded under paragraph (1), the Commissioner shall taxpayer’s treatment of such item (as shown statement on which a penalty is imposed place in the file in the Office of the Commis- on the taxpayer’s return of tax), and under section 6662B or 6663. sioner the opinion of the Commissioner or ‘‘(ii) the highest rate of tax imposed by ‘‘(3) SPECIAL RULE FOR AMENDED RETURNS.— the head of the Office of Tax Shelter Anal- section 1 (section 11 in the case of a taxpayer Except as provided in regulations, in no ysis with respect to the determination, in- which is a corporation), and event shall any tax treatment included with cluding— ‘‘(B) the amount of the decrease (if any) in an amendment or supplement to a return of ‘‘(A) the facts and circumstances of the the aggregate amount of credits determined tax be taken into account in determining the transaction, under subtitle A which results from a dif- amount of any reportable transaction under- ‘‘(B) the reasons for the rescission, and ference between the taxpayer’s treatment of statement or noneconomic substance trans- ‘‘(C) the amount of the penalty rescinded. an item to which this section applies (as action understatement if the amendment or shown on the taxpayer’s return of tax) and supplement is filed after the earlier of the ‘‘(5) REPORT.—The Commissioner shall each year report to the Committee on Ways the proper tax treatment of such item. date the taxpayer is first contacted by the and Means of the House of Representatives For purposes of subparagraph (A), any reduc- Secretary regarding the examination of the and the Committee on Finance of the Sen- tion of the excess of deductions allowed for return or such other date as is specified by ate— the taxable year over gross income for such the Secretary. ‘‘(A) a summary of the total number and year, and any reduction in the amount of ‘‘(4) NONECONOMIC SUBSTANCE TRANSACTION aggregate amount of penalties imposed, and capital losses which would (without regard UNDERSTATEMENT.—For purposes of this sub- rescinded, under this section, and to section 1211) be allowed for such year, section, the term ‘noneconomic substance ‘‘(B) a description of each penalty re- shall be treated as an increase in taxable in- transaction understatement’ has the mean- scinded under this subsection and the rea- come. ing given such term by section 6662B(c). sons therefor. ‘‘(2) ITEMS TO WHICH SECTION APPLIES.—This ‘‘(5) CROSS REFERENCE.— ‘‘(e) PENALTY REPORTED TO SEC.—In the section shall apply to any item which is at- ‘‘For reporting of section 6662A(c) penalty case of a person— tributable to— to the Securities and Exchange Commission, ‘‘(1) which is required to file periodic re- ‘‘(A) any listed transaction, and see section 6707A(e).’’. ports under section 13 or 15(d) of the Securi- ‘‘(B) any reportable transaction (other (b) DETERMINATION OF OTHER UNDERSTATE- ties Exchange Act of 1934 or is required to be than a listed transaction) if a significant MENTS.—Subparagraph (A) of section consolidated with another person for pur- purpose of such transaction is the avoidance 6662(d)(2) is amended by adding at the end poses of such reports, and or evasion of Federal income tax. the following flush sentence:

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.135 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5037 ‘‘The excess under the preceding sentence ‘‘(III) does not identify and consider all rel- 6662A were applied by taking into account shall be determined without regard to items evant facts, or items attributable to noneconomic sub- to which section 6662A applies and without ‘‘(IV) fails to meet any other requirement stance transactions rather than items to regard to items with respect to which a pen- as the Secretary may prescribe.’’. which section 6662A applies. alty is imposed by section 6662B.’’. (2) CONFORMING AMENDMENT.—The heading ‘‘(2) NONECONOMIC SUBSTANCE TRANS- (c) REASONABLE CAUSE EXCEPTION.— for subsection (c) of section 6664 is amended ACTION.—The term ‘noneconomic substance (1) IN GENERAL.—Section 6664 is amended by inserting ‘‘FOR UNDERPAYMENTS’’ after transaction’ means any transaction if— by adding at the end the following new sub- ‘‘EXCEPTION’’. ‘‘(A) there is a lack of economic substance section: (d) CONFORMING AMENDMENTS.— (within the meaning of section 7701(o)(1)) for ‘‘(d) REASONABLE CAUSE EXCEPTION FOR RE- (1) Subparagraph (C) of section 461(i)(3) is the transaction giving rise to the claimed PORTABLE TRANSACTION UNDERSTATEMENTS.— amended by striking ‘‘section benefit or the transaction was not respected ‘‘(1) IN GENERAL.—No penalty shall be im- 6662(d)(2)(C)(iii)’’ and inserting ‘‘section under section 7701(o)(2), or posed under section 6662A with respect to 1274(b)(3)(C)’’. ‘‘(B) the transaction fails to meet the re- any portion of a reportable transaction un- (2) Paragraph (3) of section 1274(b) is quirements of any similar rule of law. derstatement if it is shown that there was a amended— ‘‘(d) RULES APPLICABLE TO COMPROMISE OF reasonable cause for such portion and that (A) by striking ‘‘(as defined in section PENALTY.— the taxpayer acted in good faith with respect 6662(d)(2)(C)(iii))’’ in subparagraph (B)(i), and ‘‘(1) IN GENERAL.—If the 1st letter of pro- to such portion. (B) by adding at the end the following new posed deficiency which allows the taxpayer ‘‘(2) SPECIAL RULES.—Paragraph (1) shall subparagraph: an opportunity for administrative review in not apply to any reportable transaction un- ‘‘(C) TAX SHELTER.—For purposes of sub- the Internal Revenue Service Office of Ap- derstatement unless— paragraph (B), the term ‘tax shelter’ means— peals has been sent with respect to a penalty ‘‘(A) the relevant facts affecting the tax ‘‘(i) a partnership or other entity, to which this section applies, only the Com- treatment of the item are adequately dis- ‘‘(ii) any investment plan or arrangement, missioner of Internal Revenue may com- closed in accordance with the regulations or promise all or any portion of such penalty. prescribed under section 6011, ‘‘(iii) any other plan or arrangement, ‘‘(2) APPLICABLE RULES.—The rules of para- ‘‘(B) there is or was substantial authority if a significant purpose of such partnership, graphs (2), (3), (4), and (5) of section 6707A(d) for such treatment, and entity, plan, or arrangement is the avoid- shall apply for purposes of paragraph (1). ‘‘(C) the taxpayer reasonably believed that ance or evasion of Federal income tax.’’. ‘‘(e) COORDINATION WITH OTHER PEN- such treatment was more likely than not the (3) Section 6662(d)(2) is amended by strik- ALTIES.—Except as otherwise provided in this proper treatment. ing subparagraphs (C) and (D). part, the penalty imposed by this section A taxpayer failing to adequately disclose in (4) Section 6664(c)(1) is amended by strik- shall be in addition to any other penalty im- accordance with section 6011 shall be treated ing ‘‘this part’’ and inserting ‘‘section 6662 or posed by this title. as meeting the requirements of subparagraph 6663’’. ‘‘(f) CROSS REFERENCES.— (A) if the penalty for such failure was re- (5) Subsection (b) of section 7525 is amend- ‘‘(1) For coordination of penalty with un- scinded under section 6707A(d). ed by striking ‘‘section 6662(d)(2)(C)(iii)’’ and derstatements under section 6662 and other ‘‘(3) RULES RELATING TO REASONABLE BE- inserting ‘‘section 1274(b)(3)(C)’’. special rules, see section 6662A(e). LIEF.—For purposes of paragraph (2)(C)— (6)(A) The heading for section 6662 is ‘‘(2) For reporting of penalty imposed ‘‘(A) IN GENERAL.—A taxpayer shall be amended to read as follows: under this section to the Securities and Ex- treated as having a reasonable belief with re- ‘‘SEC. 6662. IMPOSITION OF ACCURACY-RELATED change Commission, see section 6707A(e).’’. spect to the tax treatment of an item only if PENALTY ON UNDERPAYMENTS.’’. (b) CLERICAL AMENDMENT.—The table of such belief— (B) The table of sections for part II of subsections for part II of subchapter A of chap- ‘‘(i) is based on the facts and law that exist chapter A of chapter 68 is amended by strik- ter 68 is amended by inserting after the item at the time the return of tax which includes ing the item relating to section 6662 and in- relating to section 6662A the following new such tax treatment is filed, and serting the following new items: item: ‘‘(ii) relates solely to the taxpayer’s chances of success on the merits of such ‘‘Sec. 6662. Imposition of accuracy-related ‘‘Sec. 6662B. Penalty for understatements at- treatment and does not take into account penalty on underpayments. tributable to transactions lack- the possibility that a return will not be au- ‘‘Sec. 6662A. Imposition of accuracy-related ing economic substance, etc.’’. dited, such treatment will not be raised on penalty on understatements (c) EFFECTIVE DATE.—The amendments audit, or such treatment will be resolved with respect to reportable made by this section shall apply to trans- through settlement if it is raised. transactions.’’. actions entered into after February 15, 2004. ‘‘(B) CERTAIN OPINIONS MAY NOT BE RELIED (e) EFFECTIVE DATE.—The amendments SEC. 705. MODIFICATIONS OF SUBSTANTIAL UN- UPON.— made by this section shall apply to taxable DERSTATEMENT PENALTY FOR NON- REPORTABLE TRANSACTIONS. ‘‘(i) IN GENERAL.—An opinion of a tax advi- years ending after the date of the enactment (a) SUBSTANTIAL UNDERSTATEMENT OF COR- sor may not be relied upon to establish the of this Act. reasonable belief of a taxpayer if— PORATIONS.—Section 6662(d)(1)(B) (relating to SEC. 704. PENALTY FOR UNDERSTATEMENTS AT- special rule for corporations) is amended to ‘‘(I) the tax advisor is described in clause TRIBUTABLE TO TRANSACTIONS (ii), or LACKING ECONOMIC SUBSTANCE, read as follows: ‘‘(II) the opinion is described in clause (iii). ETC. ‘‘(B) SPECIAL RULE FOR CORPORATIONS.—In ‘‘(ii) DISQUALIFIED TAX ADVISORS.—A tax (a) IN GENERAL.—Subchapter A of chapter the case of a corporation other than an S advisor is described in this clause if the tax 68 is amended by inserting after section corporation or a personal holding company advisor— 6662A the following new section: (as defined in section 542), there is a substan- ‘‘(I) is a material advisor (within the mean- ‘‘SEC. 6662B. PENALTY FOR UNDERSTATEMENTS tial understatement of income tax for any ing of section 6111(b)(1)) who participates in ATTRIBUTABLE TO TRANSACTIONS taxable year if the amount of the understate- the organization, management, promotion, LACKING ECONOMIC SUBSTANCE, ment for the taxable year exceeds the lesser or sale of the transaction or who is related ETC. of— (within the meaning of section 267(b) or ‘‘(a) IMPOSITION OF PENALTY.—If a taxpayer ‘‘(i) 10 percent of the tax required to be 707(b)(1)) to any person who so participates, has an noneconomic substance transaction shown on the return for the taxable year (or, ‘‘(II) is compensated directly or indirectly understatement for any taxable year, there if greater, $10,000), or by a material advisor with respect to the shall be added to the tax an amount equal to ‘‘(ii) $10,000,000.’’. transaction, 40 percent of the amount of such understate- (b) REDUCTION FOR UNDERSTATEMENT OF ‘‘(III) has a fee arrangement with respect ment. TAXPAYER DUE TO POSITION OF TAXPAYER OR to the transaction which is contingent on all ‘‘(b) REDUCTION OF PENALTY FOR DISCLOSED DISCLOSED ITEM.— or part of the intended tax benefits from the TRANSACTIONS.—Subsection (a) shall be ap- (1) IN GENERAL.—Section 6662(d)(2)(B)(i) (re- transaction being sustained, or plied by substituting ‘20 percent’ for ‘40 per- lating to substantial authority) is amended ‘‘(IV) as determined under regulations pre- cent’ with respect to the portion of any non- to read as follows: scribed by the Secretary, has a continuing fi- economic substance transaction understate- ‘‘(i) the tax treatment of any item by the nancial interest with respect to the trans- ment with respect to which the relevant taxpayer if the taxpayer had reasonable be- action. facts affecting the tax treatment of the item lief that the tax treatment was more likely ‘‘(iii) DISQUALIFIED OPINIONS.—For purposes are adequately disclosed in the return or a than not the proper treatment, or’’. of clause (i), an opinion is disqualified if the statement attached to the return. (2) CONFORMING AMENDMENT.—Section opinion— ‘‘(c) NONECONOMIC SUBSTANCE TRANSACTION 6662(d) is amended by adding at the end the ‘‘(I) is based on unreasonable factual or UNDERSTATEMENT.—For purposes of this sec- following new paragraph: legal assumptions (including assumptions as tion— ‘‘(3) SECRETARIAL LIST.—For purposes of to future events), ‘‘(1) IN GENERAL.—The term ‘noneconomic this subsection, section 6664(d)(2), and sec- ‘‘(II) unreasonably relies on representa- substance transaction understatement’ tion 6694(a)(1), the Secretary may prescribe a tions, statements, findings, or agreements of means any amount which would be an under- list of positions for which the Secretary be- the taxpayer or any other person, statement under section 6662A(b)(1) if section lieves there is not substantial authority or

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there is no reasonable belief that the tax ‘‘(3) such rules as may be necessary or ap- ‘‘(2) LISTED TRANSACTIONS.—The penalty treatment is more likely than not the proper propriate to carry out the purposes of this imposed under subsection (a) with respect to tax treatment. Such list (and any revisions section.’’. any listed transaction shall be an amount thereof) shall be published in the Federal (b) CONFORMING AMENDMENTS.— equal to the greater of— Register or the Internal Revenue Bulletin.’’. (1) The item relating to section 6111 in the ‘‘(A) $200,000, or (c) EFFECTIVE DATE.—The amendments table of sections for subchapter B of chapter ‘‘(B) 50 percent of the gross income derived made by this section shall apply to taxable 61 is amended to read as follows: by such person with respect to aid, assist- years beginning after the date of the enact- ‘‘Sec. 6111. Disclosure of reportable trans- ance, or advice which is provided with re- ment of this Act. actions.’’. spect to the reportable transaction before the date the return including the transaction SEC. 706. TAX SHELTER EXCEPTION TO CON- (2)(A) So much of section 6112 as precedes is filed under section 6111. FIDENTIALITY PRIVILEGES RELAT- subsection (c) thereof is amended to read as ING TO TAXPAYER COMMUNICA- Subparagraph (B) shall be applied by sub- TIONS. follows: ‘‘SEC. 6112. MATERIAL ADVISORS OF REPORT- stituting ‘75 percent’ for ‘50 percent’ in the (a) IN GENERAL.—Section 7525(b) (relating ABLE TRANSACTIONS MUST KEEP case of an intentional failure or act de- to section not to apply to communications LISTS OF ADVISEES. scribed in subsection (a). regarding corporate tax shelters) is amended ‘‘(a) IN GENERAL.—Each material advisor ‘‘(c) RESCISSION AUTHORITY.—The provi- to read as follows: (as defined in section 6111) with respect to sions of section 6707A(d) (relating to author- ‘‘(b) SECTION NOT TO APPLY TO COMMUNICA- any reportable transaction (as defined in sec- ity of Commissioner to rescind penalty) shall TIONS REGARDING TAX SHELTERS.—The privi- tion 6707A(c)) shall maintain, in such manner apply to any penalty imposed under this sec- lege under subsection (a) shall not apply to as the Secretary may by regulations pre- tion. any written communication which is— scribe, a list— ‘‘(d) REPORTABLE AND LISTED TRANS- ‘‘(1) between a federally authorized tax ‘‘(1) identifying each person with respect to ACTIONS.—The terms ‘reportable transaction’ practitioner and— whom such advisor acted as such a material and ‘listed transaction’ have the respective ‘‘(A) any person, advisor with respect to such transaction, and meanings given to such terms by section ‘‘(B) any director, officer, employee, agent, ‘‘(2) containing such other information as 6707A(c).’’. or representative of the person, or the Secretary may by regulations require. (b) CLERICAL AMENDMENT.—The item relat- ‘‘(C) any other person holding a capital or This section shall apply without regard to ing to section 6707 in the table of sections for profits interest in the person, and whether a material advisor is required to file part I of subchapter B of chapter 68 is ‘‘(2) in connection with the promotion of a return under section 6111 with respect to amended by striking ‘‘tax shelters’’ and in- the direct or indirect participation of the such transaction.’’. serting ‘‘reportable transactions’’. person in any tax shelter (as defined in sec- (B) Section 6112 is amended by redesig- (c) EFFECTIVE DATE.—The amendments tion 1274(b)(3)(C)).’’. nating subsection (c) as subsection (b). made by this section shall apply to returns (b) EFFECTIVE DATE.—The amendment (C) Section 6112(b), as redesignated by sub- the due date for which is after the date of made by this section shall apply to commu- paragraph (B), is amended— the enactment of this Act. nications made on or after the date of the (i) by inserting ‘‘written’’ before ‘‘request’’ enactment of this Act. SEC. 709. MODIFICATION OF PENALTY FOR FAIL- in paragraph (1)(A), and URE TO MAINTAIN LISTS OF INVES- SEC. 707. DISCLOSURE OF REPORTABLE TRANS- (ii) by striking ‘‘shall prescribe’’ in para- TORS. ACTIONS. graph (2) and inserting ‘‘may prescribe’’. (a) IN GENERAL.—Subsection (a) of section (a) IN GENERAL.—Section 6111 (relating to (D) The item relating to section 6112 in the 6708 is amended to read as follows: registration of tax shelters) is amended to table of sections for subchapter B of chapter ‘‘(a) IMPOSITION OF PENALTY.— read as follows: 61 is amended to read as follows: ‘‘(1) IN GENERAL.—If any person who is re- ‘‘SEC. 6111. DISCLOSURE OF REPORTABLE TRANS- quired to maintain a list under section ‘‘Sec. 6112. Material advisors of reportable ACTIONS. 6112(a) fails to make such list available upon transactions must keep lists of ‘‘(a) IN GENERAL.—Each material advisor written request to the Secretary in accord- advisees.’’. with respect to any reportable transaction ance with section 6112(b)(1)(A) within 20 busi- shall make a return (in such form as the Sec- (3)(A) The heading for section 6708 is ness days after the date of the Secretary’s retary may prescribe) setting forth— amended to read as follows: request, such person shall pay a penalty of ‘‘(1) information identifying and describing ‘‘SEC. 6708. FAILURE TO MAINTAIN LISTS OF $10,000 for each day of such failure after such the transaction, ADVISEES WITH RESPECT TO RE- 20th day. PORTABLE TRANSACTIONS.’’. ‘‘(2) information describing any potential ‘‘(2) REASONABLE CAUSE EXCEPTION.—No (B) The item relating to section 6708 in the tax benefits expected to result from the penalty shall be imposed by paragraph (1) table of sections for part I of subchapter B of transaction, and with respect to the failure on any day if such chapter 68 is amended to read as follows: ‘‘(3) such other information as the Sec- failure is due to reasonable cause.’’. retary may prescribe. ‘‘Sec. 6708. Failure to maintain lists of (b) EFFECTIVE DATE.—The amendment Such return shall be filed not later than the advisees with respect to report- made by this section shall apply to requests date specified by the Secretary. able transactions.’’. made after the date of the enactment of this ‘‘(b) DEFINITIONS.—For purposes of this sec- (c) EFFECTIVE DATE.—The amendments Act. tion— made by this section shall apply to trans- SEC. 710. MODIFICATION OF ACTIONS TO ENJOIN ‘‘(1) MATERIAL ADVISOR.— actions with respect to which material aid, CERTAIN CONDUCT RELATED TO ‘‘(A) IN GENERAL.—The term ‘material ad- assistance, or advice referred to in section TAX SHELTERS AND REPORTABLE visor’ means any person— 6111(b)(1)(A)(i) of the Internal Revenue Code TRANSACTIONS. ‘‘(i) who provides any material aid, assist- of 1986 (as added by this section) is provided (a) IN GENERAL.—Section 7408 (relating to ance, or advice with respect to organizing, after the date of the enactment of this Act. action to enjoin promoters of abusive tax promoting, selling, implementing, or car- SEC. 708. MODIFICATIONS TO PENALTY FOR FAIL- shelters, etc.) is amended by redesignating rying out any reportable transaction, and URE TO REGISTER TAX SHELTERS. subsection (c) as subsection (d) and by strik- ‘‘(ii) who directly or indirectly derives (a) IN GENERAL.—Section 6707 (relating to ing subsections (a) and (b) and inserting the gross income in excess of the threshold failure to furnish information regarding tax following new subsections: amount for such aid, assistance, or advice. shelters) is amended to read as follows: ‘‘(a) AUTHORITY TO SEEK INJUNCTION.—A ‘‘(B) THRESHOLD AMOUNT.—For purposes of ‘‘SEC. 6707. FAILURE TO FURNISH INFORMATION civil action in the name of the United States subparagraph (A), the threshold amount is— REGARDING REPORTABLE TRANS- to enjoin any person from further engaging ‘‘(i) $50,000 in the case of a reportable ACTIONS. in specified conduct may be commenced at transaction substantially all of the tax bene- ‘‘(a) IN GENERAL.—If a person who is re- the request of the Secretary. Any action fits from which are provided to natural per- quired to file a return under section 6111(a) under this section shall be brought in the sons, and with respect to any reportable transaction— district court of the United States for the ‘‘(ii) $250,000 in any other case. ‘‘(1) fails to file such return on or before district in which such person resides, has his ‘‘(2) REPORTABLE TRANSACTION.—The term the date prescribed therefor, or principal place of business, or has engaged in ‘reportable transaction’ has the meaning ‘‘(2) files false or incomplete information specified conduct. The court may exercise its given to such term by section 6707A(c). with the Secretary with respect to such jurisdiction over such action (as provided in ‘‘(c) REGULATIONS.—The Secretary may transaction, section 7402(a)) separate and apart from any prescribe regulations which provide— such person shall pay a penalty with respect other action brought by the United States ‘‘(1) that only 1 person shall be required to to such return in the amount determined against such person. meet the requirements of subsection (a) in under subsection (b). ‘‘(b) ADJUDICATION AND DECREE.—In any ac- cases in which 2 or more persons would oth- ‘‘(b) AMOUNT OF PENALTY.— tion under subsection (a), if the court finds— erwise be required to meet such require- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(1) that the person has engaged in any ments, paragraph (2), the penalty imposed under specified conduct, and ‘‘(2) exemptions from the requirements of subsection (a) with respect to any failure ‘‘(2) that injunctive relief is appropriate to this section, and shall be $50,000. prevent recurrence of such conduct,

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.135 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5039 the court may enjoin such person from en- ‘‘(II) the amount (not exceeding $100,000) that the Secretary determines meets the re- gaging in such conduct or in any other activ- determined under subparagraph (D), and quirement of section 6662(d)(2)(B)(ii)(II). ity subject to penalty under this title. ‘‘(ii) subparagraph (B)(ii) shall not apply. ‘‘(d) REDUCTION OF PENALTY.—The Sec- ‘‘(c) SPECIFIED CONDUCT.—For purposes of ‘‘(D) AMOUNT.—The amount determined retary may reduce the amount of any pen- this section, the term ‘specified conduct’ under this subparagraph is— alty imposed under this section if the Sec- means any action, or failure to take action, ‘‘(i) in the case of a violation involving a retary determines that such reduction would subject to penalty under section 6700, 6701, transaction, the amount of the transaction, promote compliance with and administra- 6707, or 6708.’’. or tion of the Federal tax laws. (b) CONFORMING AMENDMENTS.— ‘‘(ii) in the case of a violation involving a ‘‘(e) PENALTIES IN ADDITION TO OTHER PEN- (1) The heading for section 7408 is amended failure to report the existence of an account ALTIES.—The penalties imposed by this sec- to read as follows: or any identifying information required to be tion shall be in addition to any other penalty ‘‘SEC. 7408. ACTIONS TO ENJOIN SPECIFIED CON- provided with respect to an account, the bal- provided by law.’’. DUCT RELATED TO TAX SHELTERS ance in the account at the time of the viola- (b) TREATMENT OF FRIVOLOUS REQUESTS AND REPORTABLE TRANSACTIONS.’’. tion.’’. FOR HEARINGS BEFORE LEVY.— (2) The table of sections for subchapter A (b) EFFECTIVE DATE.—The amendment (1) FRIVOLOUS REQUESTS DISREGARDED.— of chapter 67 is amended by striking the item made by this section shall apply to viola- Section 6330 (relating to notice and oppor- relating to section 7408 and inserting the fol- tions occurring after the date of the enact- tunity for hearing before levy) is amended by lowing new item: ment of this Act. adding at the end the following new sub- ‘‘Sec. 7408. Actions to enjoin specified SEC. 713. FRIVOLOUS TAX SUBMISSIONS. section: conduct related to tax shelters (a) CIVIL PENALTIES.—Section 6702 is ‘‘(g) FRIVOLOUS REQUESTS FOR HEARING, and reportable transactions.’’. amended to read as follows: ETC.—Notwithstanding any other provision of this section, if the Secretary determines (c) EFFECTIVE DATE.—The amendment ‘‘SEC. 6702. FRIVOLOUS TAX SUBMISSIONS. that any portion of a request for a hearing made by this section shall take effect on the ‘‘(a) CIVIL PENALTY FOR FRIVOLOUS TAX RE- under this section or section 6320 meets the day after the date of the enactment of this TURNS.—A person shall pay a penalty of requirement of clause (i) or (ii) of section Act. $5,000 if— 6702(b)(2)(A), then the Secretary may treat ‘‘(1) such person files what purports to be a SEC. 711. UNDERSTATEMENT OF TAXPAYER’S LI- such portion as if it were never submitted ABILITY BY INCOME TAX RETURN return of a tax imposed by this title but and such portion shall not be subject to any PREPARER. which— further administrative or judicial review.’’. (a) STANDARDS CONFORMED TO TAXPAYER ‘‘(A) does not contain information on (2) PRECLUSION FROM RAISING FRIVOLOUS STANDARDS.—Section 6694(a) (relating to un- which the substantial correctness of the self- ISSUES AT HEARING.—Section 6330(c)(4) is derstatements due to unrealistic positions) assessment may be judged, or amended— is amended— ‘‘(B) contains information that on its face (A) by striking ‘‘(A)’’ and inserting (1) by striking ‘‘realistic possibility of indicates that the self-assessment is substan- ‘‘(A)(i)’’; being sustained on its merits’’ in paragraph tially incorrect; and (B) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; (1) and inserting ‘‘reasonable belief that the ‘‘(2) the conduct referred to in paragraph (C) by striking the period at the end of the tax treatment in such position was more (1)— first sentence and inserting ‘‘; or’’; and likely than not the proper treatment’’, ‘‘(A) is based on a position which the Sec- (D) by inserting after subparagraph (A)(ii) (2) by striking ‘‘or was frivolous’’ in para- retary has identified as frivolous under sub- (as so redesignated) the following: graph (3) and inserting ‘‘or there was no rea- section (c), or ‘‘(B) the issue meets the requirement of sonable basis for the tax treatment of such ‘‘(B) reflects a desire to delay or impede clause (i) or (ii) of section 6702(b)(2)(A).’’. position’’, and the administration of Federal tax laws. (3) STATEMENT OF GROUNDS.—Section (3) by striking ‘‘UNREALISTIC’’ in the head- ‘‘(b) CIVIL PENALTY FOR SPECIFIED FRIVO- 6330(b)(1) is amended by striking ‘‘under sub- ing and inserting ‘‘IMPROPER’’. LOUS SUBMISSIONS.— section (a)(3)(B)’’ and inserting ‘‘in writing (b) AMOUNT OF PENALTY.—Section 6694 is ‘‘(1) IMPOSITION OF PENALTY.—Except as amended— provided in paragraph (3), any person who under subsection (a)(3)(B) and states the (1) by striking ‘‘$250’’ in subsection (a) and submits a specified frivolous submission grounds for the requested hearing’’. (c) TREATMENT OF FRIVOLOUS REQUESTS inserting ‘‘$1,000’’, and shall pay a penalty of $5,000. FOR HEARINGS UPON FILING OF NOTICE OF (2) by striking ‘‘$1,000’’ in subsection (b) ‘‘(2) SPECIFIED FRIVOLOUS SUBMISSION.—For LIEN.—Section 6320 is amended— and inserting ‘‘$5,000’’. purposes of this section— (1) in subsection (b)(1), by striking ‘‘under (c) EFFECTIVE DATE.—The amendments ‘‘(A) SPECIFIED FRIVOLOUS SUBMISSION.— subsection (a)(3)(B)’’ and inserting ‘‘in writ- made by this section shall apply to docu- The term ‘specified frivolous submission’ ing under subsection (a)(3)(B) and states the ments prepared after the date of the enact- means a specified submission if any portion grounds for the requested hearing’’, and ment of this Act. of such submission— (2) in subsection (c), by striking ‘‘and (e)’’ ‘‘(i) is based on a position which the Sec- SEC. 712. PENALTY ON FAILURE TO REPORT IN- and inserting ‘‘(e), and (g)’’. TERESTS IN FOREIGN FINANCIAL retary has identified as frivolous under sub- (d) TREATMENT OF FRIVOLOUS APPLICATIONS ACCOUNTS. section (c), or FOR OFFERS-IN-COMPROMISE AND INSTALL- (a) IN GENERAL.—Section 5321(a)(5) of title ‘‘(ii) reflects a desire to delay or impede MENT AGREEMENTS.—Section 7122 is amended 31, United States Code, is amended to read as the administration of Federal tax laws. by adding at the end the following new sub- follows: ‘‘(B) SPECIFIED SUBMISSION.—The term section: ‘‘(5) FOREIGN FINANCIAL AGENCY TRANS- ‘specified submission’ means— ‘‘(e) FRIVOLOUS SUBMISSIONS, ETC.—Not- ACTION VIOLATION.— ‘‘(i) a request for a hearing under— withstanding any other provision of this sec- ‘‘(A) PENALTY AUTHORIZED.—The Secretary ‘‘(I) section 6320 (relating to notice and option, if the Secretary determines that any of the Treasury may impose a civil money portunity for hearing upon filing of notice of portion of an application for an offer-in-com- penalty on any person who violates, or lien), or promise or installment agreement submitted causes any violation of, any provision of sec- ‘‘(II) section 6330 (relating to notice and under this section or section 6159 meets the tion 5314. opportunity for hearing before levy), and requirement of clause (i) or (ii) of section ‘‘(B) AMOUNT OF PENALTY.— ‘‘(ii) an application under— 6702(b)(2)(A), then the Secretary may treat ‘‘(i) IN GENERAL.—Except as provided in ‘‘(I) section 6159 (relating to agreements such portion as if it were never submitted subparagraph (C), the amount of any civil for payment of tax liability in installments), and such portion shall not be subject to any penalty imposed under subparagraph (A) ‘‘(II) section 7122 (relating to com- further administrative or judicial review.’’. shall not exceed $5,000. promises), or (e) CLERICAL AMENDMENT.—The table of ‘‘(ii) REASONABLE CAUSE EXCEPTION.—No ‘‘(III) section 7811 (relating to taxpayer as- sections for part I of subchapter B of chapter penalty shall be imposed under subparagraph sistance orders). 68 is amended by striking the item relating (A) with respect to any violation if— ‘‘(3) OPPORTUNITY TO WITHDRAW SUBMIS- to section 6702 and inserting the following ‘‘(I) such violation was due to reasonable SION.—If the Secretary provides a person new item: cause, and with notice that a submission is a specified ‘‘(II) the amount of the transaction or the frivolous submission and such person with- ‘‘Sec. 6702. Frivolous tax submissions.’’. balance in the account at the time of the draws such submission within 30 days after (f) EFFECTIVE DATE.—The amendments transaction was properly reported. such notice, the penalty imposed under para- made by this section shall apply to submis- ‘‘(C) WILLFUL VIOLATIONS.—In the case of graph (1) shall not apply with respect to such sions made and issues raised after the date any person willfully violating, or willfully submission. on which the Secretary first prescribes a list causing any violation of, any provision of ‘‘(c) LISTING OF FRIVOLOUS POSITIONS.—The under section 6702(c) of the Internal Revenue section 5314— Secretary shall prescribe (and periodically Code of 1986, as amended by subsection (a). ‘‘(i) the maximum penalty under subpara- revise) a list of positions which the Sec- SEC. 714. REGULATION OF INDIVIDUALS PRAC- graph (B)(i) shall be increased to the greater retary has identified as being frivolous for TICING BEFORE THE DEPARTMENT of— purposes of this subsection. The Secretary OF TREASURY. ‘‘(I) $25,000, or shall not include in such list any position (a) CENSURE; IMPOSITION OF PENALTY.—

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(1) IN GENERAL.—Section 330(b) of title 31, by inserting after subsection (l) the fol- lating, has violated, or is or was a cause of United States Code, is amended— lowing new subsection: the violation of, any provision of this title or (A) by inserting ‘‘, or censure,’’ after ‘‘De- ‘‘(m) INTEREST ON UNPAID TAXES ATTRIB- any rule or regulation thereunder, and that partment’’, and UTABLE TO NONDISCLOSED REPORTABLE such penalty is in the public interest. (B) by adding at the end the following new TRANSACTIONS AND NONECONOMIC SUBSTANCE ‘‘(2) MAXIMUM AMOUNT OF PENALTY.— flush sentence: TRANSACTIONS.—No deduction shall be al- ‘‘(A) FIRST TIER.—The maximum amount of ‘‘The Secretary may impose a monetary pen- lowed under this chapter for any interest penalty for each act or omission described in alty on any representative described in the paid or accrued under section 6601 on any un- paragraph (1) shall be $100,000 for a natural preceding sentence. If the representative was derpayment of tax which is attributable to— person or $250,000 for any other person. ‘‘(1) the portion of any reportable trans- acting on behalf of an employer or any firm ‘‘(B) SECOND TIER.—Notwithstanding sub- or other entity in connection with the con- action understatement (as defined in section paragraph (A), the maximum amount of pen- 6662A(b)) with respect to which the require- duct giving rise to such penalty, the Sec- alty for such act or omission described in ment of section 6664(d)(2)(A) is not met, or retary may impose a monetary penalty on paragraph (1) shall be $500,000 for a natural ‘‘(2) any noneconomic substance trans- such employer, firm, or entity if it knew, or person or $1,000,000 for any other person, if action understatement (as defined in section reasonably should have known, of such con- the act or omission involved fraud, deceit, 6662B(c)).’’. duct. Such penalty shall not exceed the gross manipulation, or deliberate or reckless dis- income derived (or to be derived) from the (b) EFFECTIVE DATE.—The amendments made by this section shall apply to trans- regard of a statutory or regulatory require- conduct giving rise to the penalty and may ment. be in addition to, or in lieu of, any suspen- actions in taxable years beginning after the ‘‘(C) THIRD TIER.—Notwithstanding sub- sion, disbarment, or censure.’’. date of the enactment of this Act. paragraphs (A) and (B), the maximum (2) EFFECTIVE DATE.—The amendments SEC. 718. AUTHORIZATION OF APPROPRIATIONS amount of penalty for each act or omission made by this subsection shall apply to ac- FOR TAX LAW ENFORCEMENT. described in paragraph (1) shall be $1,000,000 tions taken after the date of the enactment There is authorized to be appropriated for a natural person or $2,000,000 for any of this Act. $300,000,000 for each fiscal year beginning (b) TAX SHELTER OPINIONS, ETC.—Section after September 30, 2002, for the purpose of other person, if— 330 of such title 31 is amended by adding at carrying out tax law enforcement to combat ‘‘(i) the act or omission involved fraud, de- the end the following new subsection: tax avoidance transactions and other tax ceit, manipulation, or deliberate or reckless ‘‘(d) Nothing in this section or in any other shelters, including the use of offshore finan- disregard of a statutory or regulatory re- provision of law shall be construed to limit cial accounts to conceal taxable income. quirement; and the authority of the Secretary of the Treas- Subtitle B—Other Provisions ‘‘(ii) such act or omission directly or indirectly resulted in substantial losses or cre- ury to impose standards applicable to the SEC. 721. AFFIRMATION OF CONSOLIDATED RE- rendering of written advice with respect to TURN REGULATION AUTHORITY. ated a significant risk of substantial losses to other persons or resulted in substantial any entity, transaction plan or arrangement, (a) IN GENERAL.—Section 1502 (relating to or other plan or arrangement, which is of a consolidated return regulations) is amended pecuniary gain to the person who committed type which the Secretary determines as hav- by adding at the end the following new sen- the act or omission. ing a potential for tax avoidance or eva- tence: ‘‘In prescribing such regulations, the ‘‘(3) EVIDENCE CONCERNING ABILITY TO sion.’’. Secretary may prescribe rules applicable to PAY.—In any proceeding in which the Com- SEC. 715. PENALTY ON PROMOTERS OF TAX corporations filing consolidated returns mission or the appropriate regulatory agen- SHELTERS. under section 1501 that are different from cy may impose a penalty under this section, (a) PENALTY ON PROMOTING ABUSIVE TAX other provisions of this title that would a respondent may present evidence of the SHELTERS.—Section 6700(a) is amended by apply if such corporations filed separate re- ability of the respondent to pay such pen- adding at the end the following new sen- turns.’’. alty. The Commission or the appropriate reg- tence: ‘‘Notwithstanding the first sentence, (b) RESULT NOT OVERTURNED.—Notwith- ulatory agency may, in its discretion, con- if an activity with respect to which a pen- standing subsection (a), the Internal Rev- sider such evidence in determining whether alty imposed under this subsection involves enue Code of 1986 shall be construed by treat- the penalty is in the public interest. Such a statement described in paragraph (2)(A), ing Treasury regulation § 1.1502–20(c)(1)(iii) evidence may relate to the extent of the per- the amount of the penalty shall be equal to (as in effect on January 1, 2001) as being in- son’s ability to continue in business and the 50 percent of the gross income derived (or to applicable to the type of factual situation in collectability of a penalty, taking into ac- be derived) from such activity by the person 255 F.3d 1357 (Fed. Cir. 2001). count any other claims of the United States on which the penalty is imposed.’’. (c) EFFECTIVE DATE.—The provisions of or third parties upon the assets of that per- (b) EFFECTIVE DATE.—The amendment this section shall apply to taxable years be- son and the amount of the assets of that per- made by this section shall apply to activities ginning before, on, or after the date of the son.’’. after the date of the enactment of this Act. enactment of this Act. (2) SECURITIES EXCHANGE ACT OF 1934.—Sec- SEC. 716. STATUTE OF LIMITATIONS FOR TAX- SEC. 722. SIGNING OF CORPORATE TAX RETURNS ABLE YEARS FOR WHICH LISTED tion 21B(a) of the Securities Exchange Act of BY CHIEF EXECUTIVE OFFICER. TRANSACTIONS NOT REPORTED. 1934 (15 U.S.C. 78u–2(a)) is amended— (a) IN GENERAL.—Section 6062 (relating to (a) IN GENERAL.—Section 6501(e)(1) (relat- (A) in paragraph (4), by striking ‘‘super- signing of corporation returns) is amended ing to substantial omission of items for in- vision;’’ and all that follows through the end by striking the first sentence and inserting come taxes) is amended by adding at the end of the subsection and inserting ‘‘super- the following new sentence: ‘‘The return of a the following new subparagraph: vision.’’; corporation with respect to income shall be ‘‘(C) LISTED TRANSACTIONS.—If a taxpayer (B) by redesignating paragraphs (1) signed by the chief executive officer of such fails to include on any return or statement through (4) as subparagraphs (A) through corporation (or other such officer of the cor- for any taxable year any information with (D), respectively, and moving the margins 2 poration as the Secretary may designate if respect to a listed transaction (as defined in ems to the right; the corporation does not have a chief execu- section 6707A(c)(2)) which is required under (C) by inserting ‘‘that such penalty is in tive officer). The preceding sentence shall section 6011 to be included with such return the public interest and’’ after ‘‘hearing,’’; not apply to any return of a regulated in- or statement, the tax for such taxable year (D) by striking ‘‘In any proceeding’’ and investment company (within the meaning of may be assessed, or a proceeding in court for serting the following: section 851).’’. collection of such tax may be begun without ‘‘(1) IN GENERAL.—In any proceeding’’; and (b) EFFECTIVE DATE.—The amendment assessment, at any time within 6 years after made by this section shall apply to returns (E) by adding at the end the following: the time the return is filed. This subpara- filed after the date of the enactment of this ‘‘(2) OTHER MONEY PENALTIES.—In any pro- graph shall not apply to any taxable year if Act. ceeding under section 21C against any per- the time for assessment or beginning the son, the Commission may impose a civil proceeding in court has expired before the SEC. 723. SECURITIES CIVIL ENFORCEMENT PRO- VISIONS. monetary penalty if it finds, on the record time a transaction is treated as a listed (a) AUTHORITY TO ASSESS CIVIL MONEY after notice and opportunity for hearing, transaction under section 6011.’’. PENALTIES.— that such person is violating, has violated, (b) EFFECTIVE DATE.—The amendment or is or was a cause of the violation of, any made by this section shall apply to trans- (1) SECURITIES ACT OF 1933.—Section 8A of the Securities Act of 1933 (15 U.S.C. 77h–1) is provision of this title or any rule or regula- actions in taxable years beginning after the tion thereunder, and that such penalty is in date of the enactment of this Act. amended by adding at the end the following new subsection: the public interest.’’. SEC. 717. DENIAL OF DEDUCTION FOR INTEREST (3) INVESTMENT COMPANY ACT OF 1940.—Sec- ON UNDERPAYMENTS ATTRIB- ‘‘(g) AUTHORITY OF THE COMMISSION TO AS- UTABLE TO NONDISCLOSED RE- SESS MONEY PENALTY.— tion 9(d)(1) of the Investment Company Act PORTABLE AND NONECONOMIC SUB- ‘‘(1) IN GENERAL.—In any cease-and-desist of 1940 (15 U.S.C. 80a–9(d)(1)) is amended— STANCE TRANSACTIONS. proceeding under subsection (a), the Com- (A) in subparagraph (C), by striking (a) IN GENERAL.—Section 163 (relating to mission may impose a civil monetary pen- ‘‘therein;’’ and all that follows through the deduction for interest) is amended by redes- alty if it finds, on the record after notice and end of the paragraph and inserting ‘‘super- ignating subsection (m) as subsection (n) and opportunity for hearing, that a person is vio- vision.’’;

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(B) by redesignating subparagraphs (A) (II) by striking ‘‘$50,000’’ and inserting (B) ENFORCEMENT OF INVESTMENT ADVISERS through (C) as clauses (i) through (iii), re- ‘‘$250,000’’; ACT.—Section 209(e)(2) of the Investment ad- spectively, and moving the margins 2 ems to (ii) in paragraph (2)— visers Act of 1940 (15 U.S.C. 80b–9(e)(2)) is the right; (I) by striking ‘‘$50,000’’ and inserting amended— (C) by inserting ‘‘that such penalty is in ‘‘$500,000’’; and (i) in subparagraph (A)— the public interest and’’ after ‘‘hearing,’’; (II) by striking ‘‘$250,000’’ and inserting (I) by striking ‘‘$5,000’’ and inserting (D) by striking ‘‘In any proceeding’’ and in- ‘‘$1,000,000’’; and ‘‘$100,000’’; and serting the following: (iii) in paragraph (3)— (II) by striking ‘‘$50,000’’ and inserting ‘‘(A) IN GENERAL.—In any proceeding’’; and (I) by striking ‘‘$100,000’’ and inserting ‘‘$250,000’’; (E) by adding at the end the following: ‘‘$1,000,000’’; and (ii) in subparagraph (B)— ‘‘(B) OTHER MONEY PENALTIES.—In any pro- (II) by striking ‘‘$500,000’’ and inserting (I) by striking ‘‘$50,000’’ and inserting ceeding under subsection (f) against any per- ‘‘$2,000,000’’. ‘‘$500,000’’; and son, the Commission may impose a civil (D) CIVIL ACTIONS.—Section 21(d)(3)(B) of (II) by striking ‘‘$250,000’’ and inserting monetary penalty if it finds, on the record the Securities Exchange Act of 1934 (15 ‘‘$1,000,000’’; and after notice and opportunity for hearing, U.S.C. 78u(d)(3)(B)) is amended— (iii) in subparagraph (C)— that such person is violating, has violated, (i) in clause (i)— (I) by striking ‘‘$100,000’’ and inserting or is or was a cause of the violation of, any (I) by striking ‘‘$5,000’’ and inserting ‘‘$1,000,000’’; and provision of this title or any rule or regula- ‘‘$100,000’’; and (II) by striking ‘‘$500,000’’ and inserting tion thereunder, and that such penalty is in (II) by striking ‘‘$50,000’’ and inserting ‘‘$2,000,000’’. the public interest.’’. ‘‘$250,000’’; (c) AUTHORITY TO OBTAIN FINANCIAL (4) INVESTMENT ADVISERS ACT OF 1940.—Sec- (ii) in clause (ii)— RECORDS.—Section 21(h) of the Securities Ex- tion 203(i)(1) of the Investment Advisers Act (I) by striking ‘‘$50,000’’ and inserting change Act of 1934 (15 U.S.C. 78u(h)) is of 1940 (15 U.S.C. 80b–3(i)(1)) is amended— ‘‘$500,000’’; and amended— (A) in subparagraph (D), by striking ‘‘su- (II) by striking ‘‘$250,000’’ and inserting (1) by striking paragraphs (2) through (8); pervision;’’ and all that follows through the ‘‘$1,000,000’’; and end of the paragraph and inserting ‘‘super- (2) in paragraph (9), by striking ‘‘(9)(A)’’ vision.’’; (iii) in clause (iii)— and all that follows through ‘‘(B) The’’ and (B) by redesignating subparagraphs (A) (I) by striking ‘‘$100,000’’ and inserting inserting ‘‘(3) The’’; through (D) as clauses (i) through (iv), re- ‘‘$1,000,000’’; and (3) by inserting after paragraph (1), the fol- spectively, and moving the margins 2 ems to (II) by striking ‘‘$500,000’’ and inserting lowing: the right; ‘‘$2,000,000’’. ‘‘(2) ACCESS TO FINANCIAL RECORDS.— (C) by inserting ‘‘that such penalty is in (3) INVESTMENT COMPANY ACT OF 1940.— ‘‘(A) IN GENERAL.—Notwithstanding section the public interest and’’ after ‘‘hearing,’’; (A) INELIGIBILITY.—Section 9(d)(2) of the 1105 or 1107 of the Right to Financial Privacy (D) by striking ‘‘In any proceeding’’ and in- Investment Company Act of 1940 (15 U.S.C. Act of 1978, the Commission may obtain ac- serting the following: 80a–9(d)(2)) is amended— cess to and copies of, or the information con- ‘‘(A) IN GENERAL.—In any proceeding’’; and (i) in subparagraph (A)— tained in, financial records of any person (E) by adding at the end the following: (I) by striking ‘‘$5,000’’ and inserting held by a financial institution, including the ‘‘(B) OTHER MONEY PENALTIES.—In any pro- ‘‘$100,000’’; and financial records of a customer, without no- ceeding under subsection (k) against any per- (II) by striking ‘‘$50,000’’ and inserting tice to that person, when it acts pursuant to son, the Commission may impose a civil ‘‘$250,000’’; a subpoena authorized by a formal order of monetary penalty if it finds, on the record (ii) in subparagraph (B)— investigation of the Commission and issued after notice and opportunity for hearing, (I) by striking ‘‘$50,000’’ and inserting under the securities laws or pursuant to an that such person is violating, has violated, ‘‘$500,000’’; and administrative or judicial subpoena issued in or is or was a cause of the violation of, any (II) by striking ‘‘$250,000’’ and inserting a proceeding or action to enforce the securi- provision of this title or any rule or regula- ‘‘$1,000,000’’; and ties laws. tion thereunder, and that such penalty is in (iii) in subparagraph (C)— ‘‘(B) NONDISCLOSURE OF REQUESTS.—If the the public interest.’’. (I) by striking ‘‘$100,000’’ and inserting Commission so directs in its subpoena, no fi- (b) INCREASED MAXIMUM CIVIL MONEY PEN- ‘‘$1,000,000’’; and nancial institution, or officer, director, part- ALTIES.— (II) by striking ‘‘$500,000’’ and inserting ner, employee, shareholder, representative (1) SECURITIES ACT OF 1933.—Section 20(d)(2) ‘‘$2,000,000’’. or agent of such financial institution, shall, of the Securities Act of 1933 (15 U.S.C. (B) ENFORCEMENT OF INVESTMENT COMPANY directly or indirectly, disclose that records 77t(d)(2)) is amended— ACT.—Section 42(e)(2) of the Investment have been requested or provided in accord- (A) in subparagraph (A)(i)— Company Act of 1940 (15 U.S.C. 80a–41(e)(2)) is ance with subparagraph (A), if the Commis- (i) by striking ‘‘$5,000’’ and inserting amended— sion finds reason to believe that such disclo- ‘‘$100,000’’; and (i) in subparagraph (A)— sure may— (ii) by striking ‘‘$50,000’’ and inserting (I) by striking ‘‘$5,000’’ and inserting ‘‘(i) result in the transfer of assets or ‘‘$250,000’’; ‘‘$100,000’’; and records outside the territorial limits of the (B) in subparagraph (B)(i)— (II) by striking ‘‘$50,000’’ and inserting United States; (i) by striking ‘‘$50,000’’ and inserting ‘‘$250,000’’; ‘‘(ii) result in improper conversion of in- ‘‘$500,000’’; and (ii) in subparagraph (B)— vestor assets; (ii) by striking ‘‘$250,000’’ and inserting (I) by striking ‘‘$50,000’’ and inserting ‘‘(iii) impede the ability of the Commission ‘‘$1,000,000’’; and ‘‘$500,000’’; and to identify, trace, or freeze funds involved in (C) in subparagraph (C)(i)— (II) by striking ‘‘$250,000’’ and inserting any securities transaction; (i) by striking ‘‘$100,000’’ and inserting ‘‘$1,000,000’’; and ‘‘(iv) endanger the life or physical safety of ‘‘$1,000,000’’; and (iii) in subparagraph (C)— an individual; (ii) by striking ‘‘$500,000’’ and inserting (I) by striking ‘‘$100,000’’ and inserting ‘‘(v) result in flight from prosecution; ‘‘$2,000,000’’. ‘‘$1,000,000’’; and ‘‘(vi) result in destruction of or tampering (2) SECURITIES EXCHANGE ACT OF 1934.— (II) by striking ‘‘$500,000’’ and inserting with evidence; (A) PENALTIES.—Section 32 of the Securi- ‘‘$2,000,000’’. ‘‘(vii) result in intimidation of potential ties Exchange Act of 1934 (15 U.S.C. 78ff) is (4) INVESTMENT ADVISERS ACT OF 1940.— witnesses; or amended— (A) REGISTRATION.—Section 203(i)(2) of the ‘‘(viii) otherwise seriously jeopardize an in- (i) in subsection (b), by striking ‘‘$100’’ and Investment advisers Act of 1940 (15 U.S.C. vestigation or unduly delay a trial. inserting ‘‘$10,000’’; and 80b–3(i)(2)) is amended— ‘‘(C) TRANSFER OF RECORDS TO GOVERNMENT (ii) in subsection (c)— (i) in subparagraph (A)— AUTHORITIES.—The Commission may transfer (I) in paragraph (1)(B), by striking (I) by striking ‘‘$5,000’’ and inserting financial records or the information con- ‘‘$10,000’’ and inserting ‘‘$500,000’’; and ‘‘$100,000’’; and tained therein to any government authority, (II) in paragraph (2)(B), by striking (II) by striking ‘‘$50,000’’ and inserting if the Commission proceeds as a transferring ‘‘$10,000’’ and inserting ‘‘$500,000’’. ‘‘$250,000’’; agency in accordance with section 1112 of the (B) INSIDER TRADING.—Section 21A(a)(3) of (ii) in subparagraph (B)— Right to Financial Privacy Act of 1978 (12 the Securities Exchange Act of 1934 (15 (I) by striking ‘‘$50,000’’ and inserting U.S.C. 3412), except that a customer notice U.S.C. 78u–1(a)(3)) is amended by striking ‘‘$500,000’’; and shall not be required under subsection (b) or ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’. (II) by striking ‘‘$250,000’’ and inserting (c) of that section 1112, if the Commission de- (C) ADMINISTRATIVE PROCEEDINGS.—Section ‘‘$1,000,000’’; and termines that there is reason to believe that 21B(b) of the Securities Exchange Act of 1934 (iii) in subparagraph (C)— such notification may result in or lead to (15 U.S.C. 78u–2(b)) is amended— (I) by striking ‘‘$100,000’’ and inserting any of the factors identified under clauses (i) (i) in paragraph (1)— ‘‘$1,000,000’’; and through (viii) of subparagraph (B) of this (I) by striking ‘‘$5,000’’ and inserting (II) by striking ‘‘$500,000’’ and inserting paragraph.’’; ‘‘$100,000’’; and ‘‘$2,000,000’’. (4) by striking paragraph (10); and

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(5) by redesignating paragraphs (11), (12), (c) APPLICATIONS.—To be eligible to receive based organization (other than a direct re- and (13) as paragraphs (4), (5), and (6), respec- a grant or enter into a cooperative agree- cipient of a grant or cooperative agreement tively. ment under this section, a nongovernmental from the Secretary) may receive more than 1 SEC. 724. REVIEW OF STATE AGENCY BLINDNESS organization, State, or political subdivision grant or cooperative agreement under this AND DISABILITY DETERMINATIONS. shall submit an application to the Secretary section for the same purpose. Section 1633 of the Social Security Act (42 at such time, in such manner, and con- (d) AUTHORIZATION OF APPROPRIATIONS.— U.S.C. 1383b) is amended by adding at the end taining such information as the Secretary There are authorized to be appropriated to the following: may require. carry out this section $15,000,000 for fiscal ‘‘(e)(1) The Commissioner of Social Secu- (d) LIMITATION.—In order to widely dis- year 2003, and such sums as may be necessary rity shall review determinations, made by burse limited resources, no community- for each of fiscal years 2004 through 2007. State agencies pursuant to subsection (a) in based organization (other than a direct re- (e) DEFINITION.—In this section, the term connection with applications for benefits cipient of a grant or cooperative agreement ‘‘community-based organization’’ means a under this title on the basis of blindness or from the Secretary) may receive more than 1 nonprofit corporation or association that disability, that individuals who have at- grant or cooperative agreement under this has— tained 18 years of age are blind or disabled as section for the same purpose. (1) not more than 6 full-time equivalent of a specified onset date. The Commissioner (e) AUTHORIZATION OF APPROPRIATIONS.— employees who are engaged in the provision of Social Security shall review such a deter- There are authorized to be appropriated to of social services; or mination before any action is taken to im- carry out this section $85,000,000 for fiscal (2) a current annual budget (current as of plement the determination. year 2003, and such sums as may be necessary the date the entity seeks assistance under ‘‘(2)(A) In carrying out paragraph (1), the for each of fiscal years 2004 through 2007. this section) for the provision of social serv- Commissioner of Social Security shall re- (f) DEFINITION.—In this section, the term ices, compiled and adopted in good faith, of view— ‘‘community-based organization’’ means a less than $450,000. ‘‘(i) at least 25 percent of all determina- nonprofit corporation or association that has— SEC. 803. SUPPORT FOR NONPROFIT COMMU- tions referred to in paragraph (1) that are NITY-BASED ORGANIZATIONS; DE- made in fiscal year 2004; and (1) not more than 6 full-time equivalent PARTMENT OF JUSTICE. employees who are engaged in the provision ‘‘(ii) at least 50 percent of all such deter- (a) SUPPORT FOR NONGOVERNMENTAL ORGA- of social services; or minations that are made in fiscal year 2005 NIZATIONS.—The Attorney General may or thereafter. (2) a current annual budget (current as of award grants to and enter into cooperative ‘‘(B) In carrying out subparagraph (A), the the date the entity seeks assistance under agreements with nongovernmental organiza- Commissioner of Social Security shall, to this section) for the provision of social serv- tions, to— the extent feasible, select for review the de- ices, compiled and adopted in good faith, of (1) provide technical assistance for commu- terminations which the Commissioner of So- less than $450,000. nity-based organizations, which may in- cial Security identifies as being the most SEC. 802. SUPPORT FOR NONPROFIT COMMU- clude— likely to be incorrect.’’. NITY-BASED ORGANIZATIONS; COR- (A) grant writing and grant management PORATION FOR NATIONAL AND COM- TITLE VIII—COMPASSION CAPITAL FUND MUNITY SERVICE. assistance, which may include assistance provided through workshops and other guid- SEC. 801. SUPPORT FOR NONPROFIT COMMU- (a) SUPPORT FOR NONGOVERNMENTAL ORGA- NITY-BASED ORGANIZATIONS; DE- NIZATIONS.—The Corporation for National ance; PARTMENT OF HEALTH AND HUMAN and Community Service (referred to in this (B) legal assistance with incorporation; SERVICES. section as ‘‘the Corporation’’) may award (C) legal assistance to obtain tax-exempt (a) SUPPORT FOR NONGOVERNMENTAL ORGA- grants to and enter into cooperative agree- status; and NIZATIONS.—The Secretary of Health and ments with nongovernmental organizations (D) information on, and referrals to, other Human Services (referred to in this section and State Commissions on National and nongovernmental organizations that provide as ‘‘the Secretary’’) may award grants to and Community Service established under sec- expertise in accounting, on legal issues, on enter into cooperative agreements with non- tion 178 of the National and Community tax issues, in program development, and on a governmental organizations, to— Service Act of 1990 (42 U.S.C. 12638), to— variety of other organizational topics; (1) provide technical assistance for commu- (1) provide technical assistance for commu- (2) provide information and assistance for nity-based organizations, which may in- nity-based organizations, which may in- community-based organizations on capacity clude— clude— building; (A) grant writing and grant management (A) grant writing and grant management (3) provide for community-based organiza- assistance, which may include assistance assistance, which may include assistance tions information on and assistance in iden- provided through workshops and other guid- provided through workshops and other guid- tifying and using best practices for deliv- ance; ance; ering assistance to persons, families, and (B) legal assistance with incorporation; (B) legal assistance with incorporation; communities in need; (C) legal assistance to obtain tax-exempt (C) legal assistance to obtain tax-exempt (4) provide information on and assistance status; and status; and in utilizing regional intermediary organiza- (D) information on, and referrals to, other (D) information on, and referrals to, other tions to increase and strengthen the capa- nongovernmental organizations that provide nongovernmental organizations that provide bilities of nonprofit community-based orga- expertise in accounting, on legal issues, on expertise in accounting, on legal issues, on nizations; tax issues, in program development, and on a tax issues, in program development, and on a (5) assist community-based organizations variety of other organizational topics; variety of other organizational topics; in replicating social service programs of (2) provide information and assistance for (2) provide information and assistance for demonstrated effectiveness; and community-based organizations on capacity community-based organizations on capacity (6) encourage research on the best prac- building; building; tices of social service organizations. (3) provide for community-based organiza- (3) provide for community-based organiza- (b) APPLICATIONS.—To be eligible to receive tions information on and assistance in iden- tions information on and assistance in iden- a grant or enter into a cooperative agree- tifying and using best practices for deliv- tifying and using best practices for deliv- ment under this section, a nongovernmental ering assistance to persons, families, and ering assistance to persons, families, and organization, State, or political subdivision communities in need; communities in need; shall submit an application to the Attorney (4) provide information on and assistance (4) provide information on and assistance General at such time, in such manner, and in utilizing regional intermediary organiza- in utilizing regional intermediary organiza- containing such information as the Attorney tions to increase and strengthen the capa- tions to increase and strengthen the capa- General may require. bilities of nonprofit community-based orga- bilities of community-based organizations; (c) LIMITATION.—In order to widely dis- nizations; (5) assist community-based organizations burse limited resources, no community- (5) assist community-based organizations in replicating social service programs of based organization (other than a direct rein replicating social service programs of demonstrated effectiveness; and cipient of a grant or cooperative agreement demonstrated effectiveness; and (6) encourage research on the best prac- from the Attorney General) may receive (6) encourage research on the best practices of social service organizations. more than 1 grant or cooperative agreement tices of social service organizations. (b) APPLICATIONS.—To be eligible to receive under this section for the same purpose. (b) SUPPORT FOR STATES.—The Secretary— a grant or enter into a cooperative agree- (d) AUTHORIZATION OF APPROPRIATIONS.— (1) may award grants to and enter into co- ment under this section, a nongovernmental There are authorized to be appropriated to operative agreements with States and polit- organization, State Commission, State, or carry out this section $35,000,000 for fiscal ical subdivisions of States to provide seed political subdivision shall submit an applica- year 2003, and such sums as may be necessary money to establish State and local offices of tion to the Corporation at such time, in such for each of fiscal years 2004 through 2007. faith-based and community initiatives; and manner, and containing such information as (e) DEFINITION.—In this section, the term (2) shall provide technical assistance to the Corporation may require. ‘‘community-based organization’’ means a States and political subdivisions of States in (c) LIMITATION.—In order to widely dis- nonprofit corporation or association that administering the provisions of this Act. burse limited resources, no community- has—

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.136 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5043 (1) not more than 6 full-time equivalent (1) nonduplication of activities under this First, I thank my colleague, Senator employees who are engaged in the provision title; and BAUCUS. I appreciate his bipartisanship of social services; or (2) an equitable distribution of resources on this matter. The people of Montana (2) a current annual budget (current as of under this title. are well served by his leadership on the the date the entity seeks assistance under TITLE IX—MATERNITY GROUP HOMES this section) for the provision of social serv- Senate Finance Committee. In addi- SEC. 901. MATERNITY GROUP HOMES. ices, compiled and adopted in good faith, of tion, I thank the Democratic staff on (a) PERMISSIBLE USE OF FUNDS.—Section less than $450,000. the Finance Committee, Russ Sullivan, 322 of the Runaway and Homeless Youth Act Pat Heck and Jon Selib, for their work. SEC. 804. SUPPORT FOR NONPROFIT COMMU- (42 U.S.C. 5714–2) is amended— NITY-BASED ORGANIZATIONS; DE- At this time, I should also commend (1) in subsection (a)(1), by inserting ‘‘(in- PARTMENT OF HOUSING AND URBAN the work of my staff on the Finance DEVELOPMENT. cluding maternity group homes)’’ after (a) SUPPORT FOR NONGOVERNMENTAL ORGA- ‘‘group homes’’; and Committee, Dean Zerbe for the chari- NIZATIONS.—The Secretary of Housing and (2) by adding at the end the following: table provisions and Ed McClellan for Urban Development (referred to in this sec- ‘‘(c) MATERNITY GROUP HOME.—In this part, the corporate shelter legislation. In ad- tion ‘‘the Secretary’’) may award grants to the term ‘maternity group home’ means a dition, Mark Prater, Elizabeth Paris, and enter into cooperative agreements with community-based, adult-supervised group Christy Mistr and Diann Howland were nongovernmental organizations, to— home that provides young mothers and their critical in putting this bill together. (1) provide technical assistance for commu- children with a supportive and supervised It is clear that without the drive and nity-based organizations, which may in- living arrangement in which such mothers energy of Senators SANTORUM and clude— are required to learn parenting skills, in- (A) grant writing and grant management cluding child development, family budgeting, LIEBERMAN we would not have had this assistance, which may include assistance health and nutrition, and other skills to pro- success. I thank them for their efforts provided through workshops and other guid- mote their long-term economic independence and their staff: Randy Brandt and ance; and the well-being of their children.’’. Chuck Ludlam. (B) legal assistance with incorporation; (b) CONTRACT FOR EVALUATION.—Part B of I also thank all those behind the (C) legal assistance to obtain tax-exempt the Runaway and Homeless Youth Act (42 scenes who have toiled on the CARE status; and U.S.C. 5701 et seq.) is amended by adding at Act. Roger Colvineaux, Ron Schultz, (D) information on, and referrals to, other the end the following: Joe Naga from the Joint Committee on nongovernmental organizations that provide ‘‘SEC. 323. CONTRACT FOR EVALUATION. Taxation, as well as Mark Mathiesen expertise in accounting, on legal issues, on ‘‘(a) IN GENERAL.—The Secretary shall tax issues, in program development, and on a enter into a contract with a public or private from Legislative Counsel who did all variety of other organizational topics; entity for an evaluation of the maternity the drafting. (2) provide information and assistance for group homes that are supported by grant Finally, let me note just a few of the community-based organizations on capacity funds under this Act. members of the administration who building; ‘‘(b) INFORMATION.—The evaluation de- ably served the President in this effort: (3) provide for community-based organiza- scribed in subsection (a) shall include the Jim Towey, David Kuo, and Susan tions information on and assistance in iden- collection of information about the relevant Brown at Treasury. tifying and using best practices for deliv- characteristics of individuals who benefit Thanks to all for their efforts. ering assistance to persons, families, and from maternity group homes such as those Mr. MILLER. Mr. President, I rise communities in need; that are supported by grant funds under this today to express my thanks for the (4) provide information on and assistance Act and what services provided by those ma- Senate’s passage of S. 476, the CARE in utilizing regional intermediary organiza- ternity group homes are most beneficial to tions to increase and strengthen the capa- such individuals. Act, which included my amendment re- bilities of community-based organizations; ‘‘(c) REPORT.—Not later than 2 years after quiring chief executive officers to sign (5) assist community-based organizations the date on which the Secretary enters into their company’s tax returns. in replicating social service programs of a contract for an evaluation under sub- And I especially thank Senator demonstrated effectiveness; and section (a), and biennially thereafter, the en- GRASSLEY and Senator BAUCUS and (6) encourage research on the best prac- tity conducting the evaluation under this their staffs for working with me on tices of social service organizations. section shall submit to Congress a report on this issue. (b) APPLICATIONS.—To be eligible to receive the status, activities, and accomplishments I offered this amendment last sum- a grant or enter into a cooperative agree- of maternity group homes that are supported mer when we were debating the cor- ment under this section, a nongovernmental by grant funds under this Act.’’. porate governance bill amid the cor- organization, State, or political subdivision (c) AUTHORIZATION OF APPROPRIATIONS.— shall submit an application to the Secretary Section 388 of the Runaway and Homeless porate scandals involving Enron, World at such time, in such manner, and con- Youth Act (42 U.S.C. 5751) is amended— Com, and others. In these corporate taining such information as the Secretary (1) in subsection (a)(1)— scandals, the corporate big shots got may require. (A) by striking ‘‘There’’ and inserting the the gold mine while the poor employ- (c) LIMITATION.—In order to widely dis- following: ees and innocent stockholders got the burse limited resources, no community- ‘‘(A) IN GENERAL.—There’’; shaft. based organization (other than a direct re- (B) in subparagraph (A), as redesignated, cipient of a grant or cooperative agreement Now, I am as probusiness as anyone by inserting ‘‘and the purpose described in in this body. As Governor and Senator from the Secretary) may receive more than 1 subparagraph (B)’’ after ‘‘other than part E’’; grant or cooperative agreement under this and I have worked to give tax cuts and tax section for the same purpose. (C) by adding at the end the following: incentives and pay for the training of (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) MATERNITY GROUP HOMES.—There is their employees, all to provide a There are authorized to be appropriated to probusiness environment in which the carry out this section $15,000,000 for fiscal authorized to be appropriated, for maternity year 2003, and such sums as may be necessary group homes eligible for assistance under entrepreneurial spirit can thrive and for each of fiscal years 2004 through 2007. section 322(a)(1)— prosper and create jobs. (e) DEFINITION.—In this section, the term ‘‘(i) $33,000,000 for fiscal year 2003; and But folks, there comes a time when ‘‘community-based organization’’ means a ‘‘(ii) such sums as may be necessary for fis- so much greed and so many lies become nonprofit corporation or association that cal year 2004.’’; and so bad—even if it is by only a few—that has— (2) in subsection (a)(2)(A), by striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph something has to be done. The cor- (1) not more than 6 full-time equivalent porate governance bill we passed last employees who are engaged in the provision (1)(A)’’. of social services; or Passed the Senate April 9, 2003. summer will go a long way to protect (2) a current annual budget (current as of Attest: the investor, provide some security for the date the entity seeks assistance under Secretary. the worker and restore confidence in this section) for the provision of social serv- The PRESIDING OFFICER (Mr. TAL- the market place. ices, compiled and adopted in good faith, of ENT). Under the previous order, S. 476 My amendment today will help even less than $450,000. will be held at the desk. more. It is only two short paragraphs, SEC. 805. COORDINATION. Mr. GRASSLEY. Madam President, I but it goes to the very essence of fair- The Secretary of Health and Human Serv- want to take a brief moment to thank ness. It simply says that when the tax ices, the Corporation for National and Com- munity Service, the Attorney General, and the many, many people that helped man cometh, we all—workers and high- the Secretary of Housing and Urban Develop- bring President Bush’s words sup- dollar bosses alike—must face him just ment shall coordinate their activities under porting charities and charitable giving alike without any go-betweens, liabil- this title to ensure— into reality. ity firewalls or corporate veils.

VerDate Jan 31 2003 04:10 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.136 S09PT1 S5044 CONGRESSIONAL RECORD — SENATE April 9, 2003 The standard 1040 tax form that indi- mittee be discharged from further con- Willie was an exceptional student viduals must fill out each year says: sideration of S. Con. Res. 31 and the and a talented athlete in high school. Under penalties of perjury, I declare that I Senate proceed to its immediate con- He graduated with good grades in high have examined this return and accom- sideration, provided that there be 1 school, of course, and went to the U.S. panying schedules and statements, and to hour of debate on the resolution equal- Naval Academy. He graduated with a the best of my knowledge and belief they are ly divided between the majority leader 4.0 grade point average at the Academy true, correct and complete. and the minority leader or their des- in Annapolis, but only finished second If Joe Sixpack is required to sign this ignees, with no amendments or mo- in his class because one person had a oath for his family, why shouldn’t tions in order to the resolution, that better grade point average. After he Josepheus Chardonnay be required to the only amendment in order be a graduated from the Academy, he re- sign that same oath for his big corpora- Lieberman amendment to the preamble ceived advanced degrees in computer tion? which is at the desk, and that upon the science and engineering and became an So, my amendment simply requires use or yielding back of the time, the elite pilot. that henceforth the chief executive of- Senate proceed to a vote on the resolu- He had more than 400 carrier land- ficer of all publicly owned and publicly tion. I further ask unanimous consent ings and almost 3,000 hours of flight ex- traded corporations must sign the cor- that following the adoption of the reso- perience in the Navy. Willie McCool poration’s annual Federal tax return. lution, the amendment to the preamble was a dedicated father and husband. Currently, there is an IRS rule that be agreed to, the preamble, as amend- Due to the tragedy in space, he left be- corporations can designate any cor- ed, be agreed to, and all of the above hind his wife Lani and their three sons, porate officer to sign their tax return. mentioned occur without any inter- Sean, Christopher, and Cameron. But that won’t get it, Mr. president. vening action or debate. As I indicated, Nevada also has a tie Let’s be specific. The CEO is the one The PRESIDING OFFICER. Is there with Willie McCool because of his par- who must sign the tax return and must objection? ents. It is traditional in Nevada that be accountable for it. Mr. REID. No objection. every legislative session, the congres- Where I come from it is expected that The PRESIDING OFFICER. Without sional delegation—it used to be very those being paid to mind the store objection, it is so ordered. small, of course, with only three mem- should at least know whether the store The Senator from New York. bers in the Nevada congressional delegation, but now there are five because is losing or making money. f If any CEO is not willing to sign the of our Third Congressional District. We company tax return if they are not RECESS always go to the legislature and speak. willing to take steps to satisfy them- The PRESIDING OFFICER. In my When I spoke this February at the selves that their corporation is accu- capacity as a Senator from North Caro- State legislature shortly after this rately reporting financial informa- lina, I ask unanimous consent that the tragedy in space, I had his parents tion—then those CEOs have no right to Senate stand in recess under the pre- there. They traveled from Las Vegas to the prestige and respect that goes with vious order. Carson City for this joint session of the the position they hold. There being no objection, the Senate, legislature. I said a few things, I am What is good for the goose is good for at 2:30 p.m., recessed until 3:30 p.m., sure, that the members of the legisla- the gander. and reassembled when called to order ture agreed and thought was OK when So, I thank my colleagues for holding by the Presiding Officer (Mrs. DOLE). I mentioned and pointed out his par- our CEOs to the same standard that we The PRESIDING OFFICER. In my ents. Everyone in the Chamber rose now impose upon our average wage capacity as a Senator from North Caro- and applauded these two very sad but earners. lina, I suggest the absence of a quorum. proud parents. So I am happy that there is a school f The clerk will call the roll. The bill clerk proceeded to call the in faraway Guam named after Willie, ORDER OF PROCEDURE roll. who pursued his dream of space with Mr. SUNUNU. Mr. President, I ask Mr. REID. Madam President, I ask vigor and passion. Teachers on Guam unanimous consent that there now be a unanimous consent that the order for point to his remarkable life to inspire period of morning business until 2:30 the quorum call be rescinded. schoolchildren to dare to dream big p.m. today, with Senators to speak for The PRESIDING OFFICER. Without and believe in themselves and to reach up to 10 minutes each and the time objection, it is so ordered. for the stars. equally divided in the usual form. Fur- Mr. REID. Madam President, I ask While he was at Dededo Middle ther, I ask unanimous consent that at unanimous consent that I be allowed to School in Guam, young Willie wrote a 2:30 the Senate stand in recess until speak as in morning business. poem that was published on the front 3:30 today. The PRESIDING OFFICER. Without page of the school newspaper that re- The PRESIDING OFFICER. Is there objection, it is so ordered. vealed his love of Guam and his early ambition to be an astronaut. This is a objection? f Mr. REID. Mr. President, it is my un- poem written by a child in middle derstanding the recess is because the WILLIAM ‘‘WILLIE’’ McCOOL school, but I think it really gives in- Secretary of Defense is coming to the SCHOOL sight into this young man’s dreams. Capitol; is that right? Mr. REID. Madam President, 2 days This is the poem he wrote: Mr. SUNUNU. That is correct. ago, the Senate passed by unanimous I came to an island in the middle of the sea, Mr. REID. Does the acting majority consent H.R. 672, a bill to rename It was so nice that I jumped for glee. Guam South Elementary and Middle There are palm trees, coconuts, and bananas, leader know what we will do at 3:30? too Mr. SUNUNU. I am sorry; I didn’t School after CDR William McCool, the Plus birds and fish so unbelievable but true. hear the question. pilot of the Columbia Space Shuttle. It is so nice that no one can complain. Mr. REID. The question is, Is the act- Guam has a unique tie to LCDR Wil- But he who does must be insane. ing majority leader informed as to liam McCool. He lived on Guam and at- This is such a nice and beautiful place, what we will do at 3:30? tended Dededo Middle School and John You’d think it was heaven—or outer space. Mr. SUNUNU. I am, indeed. F. Kennedy High School in the 1970s Even back then, Willie was thinking The PRESIDING OFFICER. Without while his father served as a Navy and of going into space, and he did, now objection, it is so ordered. Marine pilot, a veteran of the Vietnam leaving behind the proud family mem- f conflict. His father, Barry, is a Las bers and an entire Nation that is aware Vegas resident, as is his mother, Au- of the sacrifice he made along with UNANIMOUS CONSENT drey. Commander McCool’s mother is those others on that spacecraft. AGREEMENT—S. CON. RES. 31 dean at the University of Nevada, Las I salute Willie McCool and his family Mr. SUNUNU. Mr. President, I ask Vegas. His dad, Barry, after retiring and join in applauding and congratu- unanimous consent that at the 3:30 from the military, teaches and is a lating those school authorities in p.m. today, the Foreign Relations Com- graduate student at UNLV. Guam who will have a school named

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.049 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5045 after a visionary, talented American President, I can tell you that Senator The whereas clauses, which will be hero. ROBERTS, who has been joined at the printed in the RECORD, are numerous I suggest the absence of a quorum. hip with me on this matter because the but very important, each and every one The PRESIDING OFFICER. The Speicher family was originally from of them. I shall not go through them clerk will call the roll. Kansas and now lives in Florida, and I all, but they are: The bill clerk proceeded to call the believe, through the information we Resolved by the Senate, with the House of roll. have received, that he is alive. Representatives concurring, that Congress Mr. NELSON of Florida. Madam It has been published that we have a express its outrage at the flagrant violations President, I ask unanimous consent special team that is now going into by the Government of Iraq of the customary that the order for the quorum call be Iraq to look for him. What a great day international law and the Geneva Conven- rescinded. it will be for America if we bring home tion relative to the treatment of prisoners of The PRESIDING OFFICER. Without war dated August 12, 1949, and entered into this American pilot who we walked objection, it is so ordered. force October 21, 1950; away from and who has been gone for Further resolved, with the Senate sup- f 12 years. porting, in the strongest terms, the Presi- PRISONERS OF WAR RESOLUTION Of course, we can imagine what has dent’s warning to Iraq that the United Mr. NELSON of Florida. Madam happened to his family, his minor chil- States will hold the Government of Iraq, its officials, and military personnel involved ac- President, it is my understanding that dren first being told their father was dead, and now having hope that he countable for any and all such violations; the sponsors of the resolution on the Further, expects Iraq to comply with the POWs are on their way to the Chamber. might be alive. It is a tragedy of gar- requirements of the international law of war I just left Senator WARNER in a briefing gantuan proportions. It is a tragedy and the explicit provisions of the Convention with the Secretary of Defense. I wish that is borne out of the fog of war. It is Relative to the Treatment of Prisoners of to speak before the sponsors arrive on a tragedy of bureaucratic ineptness and War which afford prisoners of war the proper the subject of the POW resolution. bureaucratic footdragging, but we can and humane treatment they are entitled. There are two POWs from Florida. make that right by finding him. And lastly: Those whom we suspect are POWs are Of course, the possibility is that in Expects that Iraq will afford prisoners of the ones who were interviewed on Al- the ensuing melee, he might be used. It war access to representatives of the Inter- Jazeera television, who were captured is our hope that we will resolve the national Committee of the Red Cross, as re- at about the time that PFC Jessica fate of CAPT Scott Speicher, and it is quired by the Convention Relative to the Lynch was captured. Of course, that my prayer, and the prayer of Ameri- Treatment of Prisoners of War. was such a wonderfully successful mis- cans all over this country, that he can Throughout today, the Senate has sion of finding and retrieving her. The be brought home and that he will be had a series of briefings from senior entire world has rejoiced at her return. alive. representatives from the Departments From my State, one of the unac- Madam President, I yield the floor. I of Defense and State and over 50 Sen- counted whom we think is a POW is suggest the absence of a quorum. ators attended a briefing given by the Private Williams from Orlando, FL. The PRESIDING OFFICER. The Secretary of Defense, Mr. Rumsfeld, Naturally, I will lend my support to clerk will call the roll. accompanied by the Chairman of the this resolution which is most impor- The bill clerk proceeded to call the Joint Chiefs, Richard Myers. tant not only to express our concern, roll. So far as we know, to date, none of but to express and demand that these Mr. WARNER. Mr. President, I ask the requirements of international law prisoners of war be treated according unanimous consent that the order for have yet been met by—I say the Gov- to the Geneva Convention, which the quorum call be rescinded. ernment of Iraq, as the resolution means that under the rules of war we The PRESIDING OFFICER (Mr. does—Saddam Hussein’s regime. treat prisoners of war humanely. CORNYN). Without objection, it is so or- Prisoners of war have always been a The conviction that arises in my dered. subject that is very important to the voice comes from another POW in Iraq f Congress of the United States. Just of 12 years from Jacksonville, FL, down this hallway in the historic Ro- EXPRESSING OUTRAGE AT TREAT- CAPT Scott Speicher. Our Defense De- tunda, capped by the dome which is MENT OF CERTAIN AMERICAN partment made a mistake and initially seen throughout the Nation’s Capitol, PRISONERS OF WAR BY IRAQ declared him dead. On the first night of and which is viewed throughout the the gulf war 12 years ago, his F–18 was The PRESIDING OFFICER. Under world as a symbol of liberty—beneath shot down, and we left a downed pilot. the previous order, the Senate will pro- the Capitol dome hangs that flag. It There were a series of mistakes. He was ceed to the consideration of S. Con. has been there ever since I was privi- declared dead when there was not the Res. 31. The clerk will report the title. leged to join this institution, and this evidence that he was dead. The legislative clerk read as follows: is my 25th year, a quarter of a century. When we repatriated the POWs in a A concurrent resolution (S. Con. Res. 31) It is there because of the constant feel- POW exchange with Iraq, we did not expressing the outrage of Congress at the ing of the Congress for the unac- even ask for him because at the time, treatment of certain American prisoners of counted-for prisoners of war and our through mistakes, they did not think war by the Government of Iraq. compassion for the families and the he was a POW. They sent back surveil- The PRESIDING OFFICER. Under loved ones they leave behind. I just lance assets to look at the crash site. the previous order, there is now 1 hour want all America to know how impor- They gave them the wrong coordinates, of debate evenly divided on the resolu- tant POWs are to this institution. so they did not see the wreckage. It tion. The distinguished majority leader, was not until some 5 years later that a The Senator from Virginia is recog- Mr. FRIST, the distinguished Demo- Qatar hunting party found the wreck- nized. cratic leader, Mr. DASCHLE, Mr. age of his jet. Mr. WARNER. Mr. President, this SANTORUM, Mr. STEVENS, Mr. INOUYE, Once that happened, we started mak- resolution reads in part in the whereas Mr. MCCAIN, myself, and others working more inquiries. The American press clauses that Saddam Hussein has failed ing very carefully—Senator LUGAR got into it. Lo and behold, years later, to comply with United Nations Secu- joined us—put together, in very simple the Defense Department finally admit- rity Council resolutions, and we enu- language, the expressions of this body ted some of its mistakes and changed merate a series of resolutions that the of our concern for those unaccounted his status from killed in action to military action now underway against for in this war. missing in action. Then just last fall, Iraq is lawful and fully authorized by Today, I think our hearts were some- thanks to the Secretary of the Navy, the Congress in section 38 of Public what lifted, generally speaking, by the they changed his status from missing Law 107–243, which passed the Senate reports we received about the progress in action to missing captured, which is on October 10, 2002, by a vote of 77 to 23 of the war to date. We watched, with the status for a POW. and which passed the House of Rep- the embedded journalists, as they are The Defense Department says they resentatives on that same day by a referred to, who risked their own lives do not know that he is alive. Madam vote of 296 to 33. and safety—a number having been lost

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.051 S09PT1 S5046 CONGRESSIONAL RECORD — SENATE April 9, 2003 of recent days—to get the pictures, real put it together. There were periods the people of Baghdad and the symbolic time, so the world could see the statue when some—not this Senator but end of this oppressive regime but be- of Saddam Hussein being dragged down some—questioned whether it was prop- cause President Bush has declared this to Earth, an act made possible by brave erly drawn up. But now I think without day ‘‘National Former POW Recogni- men and women of the coalition of a doubt in the minds of any reasonable tion Day.’’ forces fighting at this very moment in people, that plan is working well. It As we recall the service of those na- Iraq. will continue to work well. It will ful- tional heroes who gave so much in de- It was a historic moment today. For fill the goals for which this conflict, by fense of our country, we also must those of us who have had the oppor- necessity of the failure of diplomacy, think of our men and women still in tunity to share in history, it brought was initiated. captivity: We will not forget you. We back memories of the Berlin Wall. It It is also important to remain cau- will work for your fair treatment. We brought back the memories of the tious and vigilant. We were reminded will tirelessly endeavor for your safe American School, stories of when the of that again in the past hour by the and speedy return. We will care for Bastille fell and the prisoners were re- Secretary and the General. Much re- your families. We will leave no one be- leased. mains to be done to stabilize a precar- hind. A picture is worth a thousand words. ious security situation and restore Mr. President, I ask unanimous con- Indeed, this was worth tens upon tens order so that humanitarian and recon- sent that relevant material be printed of thousands of words as the world wit- struction efforts, which are really now in the RECORD. nessed. underway, can grow in intensity and There being no objection, the mate- Our President from the very first embrace, I hope, the contributions of rial was ordered to be printed in the characterized this conflict as a war of many nations, not just the coalition of RECORD, as follows: liberation, a war where the coalition of the willing but others who are willing NATIONAL FORMER PRISONER OF WAR the willing nations, primarily the to help these people. RECOGNITION DAY, 2003 United States, Great Britain, Poland, Regrettably, more lives may be lost Americas former Prisoners of War are na- Australia—others that have contrib- before we can be sure that freedom has tional heroes whose service to our country uted forces—a coalition of the willing been secured and the Saddam Hussein will never be forgotten. These brave men and to liberate the people of Iraq. We regime has no vestige of control for women who fought for America and endured cruelties and deprivation as prisoners of war looked into the faces of many of those now and forevermore, so we can pursue, helped to protect our Nation, liberated mil- people today and shared with the world in relative security, fulfilling the goals lions of people from the threats of tyranny their joy—today in Baghdad; a day or for which we set out—to free these peo- and terror, and advanced the cause of free- two ago, Basra and elsewhere. ple and enable them to establish their dom worldwide. We were reminded just a few minutes own government, hopefully through a This year, our Nation commemorates the ago by the Secretary of Defense and voting process, and elect their own rep- 50th anniversary of the signing of the armi- the Chairman of the Joint Chiefs that resentatives as quickly as possible. stice to end armed conflict in the Korean it is not over. Much could remain to be War. We remember Operation Little Switch, As we have an uplifting of hearts and conducted April through May 1953, that freed done. Our forces are committed. Our minds over the signs of what could be 149 American POWs, and Operation Big forces are in place. The sacrifices could the beginning of the end of this con- Switch, conducted August through Sep- once again result from the commit- flict, we mourn for those we lost and tember 1953, which returned 3,597 Americans ment of these brave young men and renew our pledge to leave no one be- to our country. Finally, Operation Glory, women of the Armed Forces of the hind. There are still service men and conducted July through November 1954, was United States. We are witnessing true women missing or captive, and we are responsible for the return of the remains of liberation of an oppressed people, as make every effort to recover them. I 2,944 Americans from North Korea. During our President, George Bush, said it this observance, we also recognize and honor particularly note CDR Scott Speicher, the more than 8,100 Americans still unac- would be. U.S. Navy. The Secretary just re- counted for from the Korean War. It is important to remember that affirmed reports that we had heard a This year also marks the 30th anniversary this moment could not have arrived special team has been sent in to rescue of Operation Homecoming, in which 591 without the bravery and profes- this aviator who was among the very American POWs from Vietnam were re- sionalism and sacrifices of our young first who fell in the line of duty. Hope- turned. We also recognize and honor those men and women in uniform. Those of fully, he is alive and one day he can be Americans still unaccounted for from the us who have had the privilege of wear- repatriated to his family and the Navy Vietnam War. ing that uniform in years past—and in All of these individuals are to be honored which he loves so much. for their strength of character and for the a very modest way I have had that op- The manner in which we have seen difficulties they and their families endured. portunity, together with many Mem- the Iraqi regime treat our people has From World War II, the Korean War, and bers of this Chamber—I do not think been outrageous, unacceptable by any Vietnam, to the 1991 Gulf War, Operation we can recall a contemporary chapter reasonable standard, by any interpreta- Iraqi Freedom, and other conflicts, our serv- in our lifetimes where we have seen a tion of international law, by any un- ice men and women have sacrificed much to greater degree of professionalism, com- derstanding of common decency. secure freedom, defend the ideals of our Na- mitment, and bravery than by these The resolution we consider today ex- tion, and free the oppressed. By answering troops. There were troops on the the call of duty and risking their lives to presses the concerns of the Senate protect others, these proud Patriots con- ground, troops in the air, sailors at about this treatment and demands that tinue to inspire us today as we work with sea—the precision with which the air- they be treated humanely, as all civ- our allies to extend peace, liberty, and op- men have dropped their ordnance, often ilized nations have agreed to do. To portunity to people around the world. taking risks to protect as best we can those who have witnessed the mistreat- As we honor our former POWs, we are rein war the innocent people of this Na- ment or participated in the mistreat- minded of our current POWs, captured in Op- tion of Iraq. ment of these brave men and women, eration Iraqi Freedom. We will work to se- From the very onset we have made it we pledge that they will be held ac- cure their freedom, and we pray for their clear we are not waging this conflict speedy and safe return. These brave men and countable. women in uniform follow in the footsteps of against those people. It is for those The fact that there may be no longer these former POWs who placed country people and for their liberation. We a Government of Iraq is of no con- above self to advance peace in a troubled must also acknowledge the exceptional sequence. Those responsible for vio- world. professionalism, military profes- lating the rights of our service men Now therefore, I GEORGE W. BUSH, Presi- sionalism of those who drew up this and women will be held accountable. dent of the United States of America, by vir- plan. There was none quite like it in No matter where they are, we will tue of the authority vested in me by the Con- the annals of military history. It had stitution and laws of the United States, do eventually find them and hold them ac- hereby proclaim April 9, 2003, as National bold features, which historians will countable. Former Prisoner of War Recognition Day. I study for years to come. But Secretary It is noteworthy that we consider call upon all the people of the United States Rumsfeld and General Tommy Franks, this resolution today not only because to join me in remembering former American the CENTCOM commander, and others of the apparent increase in freedom for prisoners of war by honoring the memory of

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.054 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5047 their sacrifices and in praying for the safe This is not a partisan issue. It is not military operates, the care we take to return of our POWs. I also call upon Federal, a question of politics. This is a matter avoid civilian casualties, is unparal- State, and local government officials and of honor. And honor is something leled in the history of armed conflict. private organizations to observe this day clearly lacking in the Iraqi regime. It has been said that the United States with appropriate ceremonies and activities. In witness whereof, I have hereunto set my The insulting and humiliating man- is more concerned about the safety and hand this eighth day of April, in the year of ner in which American prisoners of war welfare of Iraqi civilians than the Iraqi our Lord two thousand three, and of the have been publicly paraded and interro- Government. That is sadly, true. Independence of the United States of Amer- gated on state television is bad enough. Let me say again. This is—and I hope ica the two hundred and twenty-seventh. To have members of the American I can change the verb tense soon to GEORGE W. BUSH. Armed Forces allegedly executed in ‘‘has been’’—a just and necessary war Mr. LIEBERMAN. Mr. President, the public—shot in the back of the head— against a dangerous dictator. Coalition progress in Iraq has been stunning. The is reprehensible. To have their bodies forces have fought with honor, with no- war is not over, but it is within sight. publicly displayed on state television bility, and with morality. I think we can safely say this looks was inhumane sacrilege. Our attempts to avoid civilian like the beginning of the end. Saddam I have been appalled—and I know I casualities, however, have been made Hussein, that brutal and murderous am not alone—by the flagrant viola- more difficult by the Iraqi regime’s dictator, is nowhere to be seen. Bagh- tions of the rules of warfare and the adoption of terrorist tactics: Weapons dad has been reclaimed, and the Iraqi Geneva Convention that we have wit- hidden in hospitals, anti-chemical war- people are being liberated. nessed these past weeks. fare suits and antidotes secreted in But let us not for a moment forget It is a violation of the Geneva Con- schools, troops hidden in civilian cloth- the service and sacrifice of our brave vention and the customary rules of war ing who surrender, only to shoot our and brilliant men and women in uni- to mistreat prisoners of war. If the de- troops in the back. form, which brought us to this day. tailed legal terms are too much for The Iraqi regime has officially sanc- And let us not for a moment forget Iraq’s rulers, let me put it simply. You tioned the use of suicide bombings that in the midst of all this, while the don’t shoot prisoners. You don’t tor- against our soldiers—adopting a tactic Iraqi people are being freed, men and ture them. You protect them. You they have seen used with what they women of the American military re- treat them with decency as enemies in would call success against innocent ci- main prisoners—prisoners of the rem- combat but fellow human beings. vilians in Israel. All this made clear that in Iraq we nants of Saddam’s brutal regime. But I am not surprised at what We all recall the heroic rescue of Saddam’s henchmen are doing. For were not fighting, are not fighting, a PFC Jessica Lynch last week. One sol- anyone who has yet to be convinced of separate war from the war against ter- dier rescued, and so much joy. But that the evil and tyrannical nature of rorism. Some say Saddam and bin joy and the rush of events in Iraq can- Saddam’s regime, I cannot imagine Laden have different ideologies, dif- not overshadow the danger that con- what greater proof is needed than the ferent ambitions. But they share the tinues to face others like her who were conduct of this regime in this conflict. same inhumane tactics, the same ha- not so fortunate to be saved from cap- During the course of this war, which tred for all who are different, the same tivity. is hopefully now drawing to a close, fear of freedom, the same brutality and We cannot and we shall not forget Saddam has once again proven himself cruelty. The resolution that we offer today any missing American or POW, not for to be every bit as barbarous, every bit cannot adequately convey our shock a moment. And, whether this regime is as cruel, and—yes—every bit as evil as and disgust at the manner in which dying or dead, we cannot and will not we knew him to be. Saddam’s regime has acted because allow the brutal treatment of Amer- Saddam and his son, Uday, have in- there are not sufficient words to do so. ican prisoners at the hands of serted members of the Fedayeen into But it is a clear statement of anger and Saddam’s regime to unchallenged. the regular army in order to force sol- One way to do that, is to have the diers and conscripts to fight, under the of principle, and a clear statement of American Government speak with a threat of murder or torture. They have our intent to hold all those who com- strong and unified voice against this sent those same Fedayeen into the vil- mit war crimes accountable. There should be no mistake. America abhorrent behavior. lages and streets of Iraq, intimidating does not simply speak about the rules That is precisely what the resolution and terrorizing innocent civilians. of war. We live by them. And we do not before us, S. Con. Res. 31, does. It ex- These disgraceful thugs have been re- merely condemn atrocities. We, as a presses support for our troops reaffirms ported to have turned their guns on in- Nation, will find those responsible and the international standards that have nocent Iraqi civilians—their own peo- bound and will continue to bind the make them pay. ple—attempting to leave Basra. This is only a resolution. It cannot U.S. military in our treatment of Iraqi The list goes on and on. Last week, do what those Marines and Special prisoners, makes clear the outrage of paramilitary troops hid in the Ali Forces did in rescuing an American this Congress at Iraq’s appalling and Mosque in Kut, and opened fire on coa- POW any more than a yellow ribbon criminal treatment of American pris- lition forces—hoping that we would re- tied around a lamppost or a tree. But it oners of war, and commits us, as a na- spond, and fire upon one of the holiest is an appropriate expression of our val- tion, to follow through and hold those shrines in Shi’a Islam. I am pleased to ues, of our resolve, and a statement of who commit crimes against our sol- note, that our troops showed restraint. our solidarity with those who risk diers accountable for their actions. Respect. They did not respond to the their lives half a world away to secure My colleague from Virginia and I provocations. our freedom. offer this resolution proudly, for those That is honor. That is the under- I urge my colleagues to support this Americans in captivity and those who standing that even in war there are resolution. may fall into captivity from this day norms and there are rules. There is a Mr. WARNER. Mr. President, I sug- forward. I am sure that I speak for both difference between right and wrong. gest the absence of a quorum. of us when I say that we are deeply That is why the Coalition forces are Mr. BYRD. Mr. President, will the gratified that our colleagues from providing prisoners of war with food Senator withhold? Alaska and Hawaii, Senator STEVENS and water. We have given the Red Mr. WARNER. Yes, of course. and Senator INOUYE—two honorable Cross free and open access. We do not The PRESIDING OFFICER. The Sen- men whose contributions to this Na- believe that the crimes and inhu- ator from West Virginia. tion on the battlefield are well- manity of Saddam’s regime naturally Mr. BYRD. Mr. President, the world known—have joined us in cosponsoring extend to every member of his mili- is now well aware of the story sur- this resolution. I further wish to thank tary. rounding PFC Jessica Lynch, the Senator FRIST, our majority leader, We have especially sought to spare young soldier from Palestine, WV, who and my good friend, Senator TOM civilian life. It is a painful reality of was taken prisoner by the Iraqi mili- DASCHLE, the Democratic leader, for war that civilian lives are lost in con- tary on March 23. She is now recov- their support. flict. But the precision with which our ering from her captivity at a military

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.040 S09PT1 S5048 CONGRESSIONAL RECORD — SENATE April 9, 2003 hospital in Germany. While we regard The assistant legislative clerk pro- Sarbanes Snowe Talent Schumer Specter Thomas with awe the reports of her courage at ceeded to call the roll. Sessions Stabenow Voinovich the time of her capture, as well as the Mr. SMITH. Mr. President, I ask Shelby Stevens Warner daring of the troops who carried out unanimous consent that the order for Smith Sununu Wyden her rescue from that hospital deep in the quorum call be rescinded. NOT VOTING—1 Iraq, our Nation cannot forget that The PRESIDING OFFICER. Without Harkin there are others who have been cap- objection, it is so ordered. The resolution (S. Con. Res. 31) was tured or who have gone missing during UNANIMOUS CONSENT AGREEMENT—EXECUTIVE agreed to. this war. The Pentagon reports that CALENDAR The amendment (No. 528) to the pre- seven Americans remain in Iraqi hands, Mr. SMITH. Mr. President, as in ex- amble was agreed to, as follows: and that eight of our troops remain ecutive session, I ask unanimous con- In the preamble strike the first 6 whereas missing. sent that immediately following the clauses, and insert: These troops deserve to be treated vote on adoption of S. Con. Res. 31, the Whereas Saddam Hussein has failed to with dignity and respect. The resolu- Senate proceed to executive session comply with United Nations Security Coun- tion before the Senate, which will and an immediate vote on the con- cil Resolutions 678, 686, 687, 688, 707, 715, 949, shortly be voted on, is right to point 1051, 1060, 1115, 1134, 1137, 1154, 1194, 1205, 1284, firmation of Calendar No. 106, Dee and 1441; out that the Government of Iraq, even Drell, to be U.S. District Judge for the Whereas the military action now underway in the waning days of its authority, is Western District of Louisiana; provided against Iraq is lawful and fully authorized by obligated under the Geneva Convention further, that following that vote, the the Congress in Sec. 3(a) of Public Law 107– and customary international law to Senate proceed to a vote on Calendar 243, which passed the Senate on October 11, give humane treatment for our cap- No. 107, Richard Bennett, to be U.S. 2002, by a vote of 77–23, and which passed the tured troops and protect them against House of Representatives on that same date District Judge for the District of Mary- by a vote of 296–133; acts of violence or intimidation and land; finally, I ask consent that fol- The preamble, as amended, was against insults and public curiosity. lowing those votes, the President be The resolution makes a clear and agreed to. immediately notified of the Senate’s The resolution, with its preamble, as commendable statement about how we action. expect our prisoners of war to be treat- amended, reads as follows: Also, I ask unanimous consent that S. Con. Res. 31, as amended and ed by Iraq. I think it is unfortunate all time be yielded back on S. Con. Res. adopted was passed as follows: that the resolution raises political 31 and that the vote occur imme- S. CON. RES. 31 issues about the policies that brought diately. us to war in the Persian Gulf. Like two Whereas Saddam Hussein has failed to The PRESIDING OFFICER. Is there comply with United Nations Security Coun- previous resolutions passed by the Sen- objection? cil Resolutions 678, 686, 687, 688, 707, 715, 949, ate, the preamble to this resolution, as Without objection, it is so ordered. 1051, 1060, 1115, 1134, 1137, 1154, 1194, 1205, l284, it will be amended, will contain a Mr. SMITH. Mr. President, I ask for and 1441; clause which states, in part, ‘‘Whereas, the yeas and nays. Whereas the military action now underway the military action now underway The PRESIDING OFFICER. Is there a against Iraq is lawful and fully authorized by the Congress in section 3(a) of Public Law against Iraq is lawful and fully author- sufficient second? ized by the Congress in Sec. 3(a) of 107–243, which passed the Senate on October There appears to be a sufficient sec- 11, 2002, by a vote of 77–23, and which passed Public Law 107–243.’’ ond. I do not concede that this war is law- the House of Representatives on that same The question is on adoption of S. date by a vote of 296–133; ful. I do not concede that it has been Con. Res. 31. Whereas, in the ensuing conflict, Iraq has fully authorized by Congress. The Con- The clerk will call the roll. captured uniformed members of the United stitution clearly states that Congress Mr. REID. I announce that the Sen- States Armed Forces and the armed forces of shall have the power to declare war. other coalition nations, including the United ator from Iowa (Mr. HARKIN) is nec- Kingdom; That is one of the powers that Congress essarily absent. should not have the power to delegate Whereas several American prisoners of war I further announce that, if present appear to have been publicly and summarily to any President, which is exactly and voting, the Senator from Iowa (Mr. what Congress attempted to do in the executed following their capture in the vi- HARKIN) would vote ‘‘aye.’’ cinity of An Nasiryah, demonstrating, as the use of force resolution passed by the The PRESIDING OFFICER. Are there President said on March 26, 2003, that ‘‘in the Senate on October 11, 2002, which I any other Senators in the Chamber de- ranks of that regime are men whose idea of voted against, and which I am proud I siring to vote? courage is to brutalize unarmed prisoners’’; voted against. Allowing a President, The result was announced—yeas 99, Whereas Iraqi state television has subjected American prisoners of war to humilia- whether Democrat or Republican, to nays 0, as follows: exercise powers that are intended to re- tion, interrogating them publicly and pre- side only with the legislative branch is [Rollcall Vote No. 129 Leg.] senting them as objects of public curiosity the surest way to upset the careful sys- YEAS—99 and propaganda in clear contravention of international law and custom; tem of checks and balances that was Akaka Craig Johnson Alexander Crapo Kennedy Whereas the customary international law designed by the Framers of the Con- Allard Daschle Kerry of war has, from its inception, prohibited and stitution. Allen Dayton Kohl condemned as war crimes the killing of pris- It appears that Baghdad is now fall- Baucus DeWine Kyl oners of war and military personnel attempting under the control of U.S. forces. It Bayh Dodd Landrieu ing to surrender; Bennett Dole Lautenberg Whereas Iraq is a signatory to the Conven- is my sincere hope that the war can Biden Domenici Leahy soon be brought to its conclusion, but Bingaman Dorgan Levin tion Relative to the Treatment of Prisoners the cessation of hostilities may still be Bond Durbin Lieberman of War, dated at Geneva August 12 1949, and entered into force October 21, 1950 (‘‘the Ge- some time away. We do our captured Boxer Edwards Lincoln Breaux Ensign Lott neva Convention’’); and missing service men and women no Brownback Enzi Lugar Whereas the Geneva Convention requires favors by glossing over the realities of Bunning Feingold McCain that ‘‘[p]risoners of war must at all times be this war. I hope that the 15 service Burns Feinstein McConnell humanely treated’’ and specifically ‘‘must at Byrd Fitzgerald Mikulski members who are now captured or Campbell Frist Miller all times be protected, particularly against missing will be able to return to the Cantwell Graham (FL) Murkowski acts of violence or intimidation and against safety of their homes and the love of Carper Graham (SC) Murray insults and public curiosity’’; their families. And it is in this vein Chafee Grassley Nelson (FL) Whereas the Geneva Convention stipulates Chambliss Gregg Nelson (NE) that ‘‘[p]risoners of war are entitled in all that I will vote for the resolution. Clinton Hagel Nickles circumstances to respect for their persons Mr. President, I yield the floor. Cochran Hatch Pryor and their honour’’ and that ‘‘[w]omen shall Coleman Hollings Reed Mr. President, I suggest the absence be treated with all the regard due to their of a quorum. Collins Hutchison Reid Conrad Inhofe Roberts sex’’; The PRESIDING OFFICER. The Cornyn Inouye Rockefeller Whereas the Geneva Convention declares clerk will call the roll. Corzine Jeffords Santorum that the detaining power is responsible for

VerDate Jan 31 2003 04:10 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.046 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5049 the treatment afforded prisoners of war, re- District of Louisiana. On this question, The result was announced—yeas 99, gardless of the identity of the individuals or the yeas and nays have been ordered. nays 0, as follows: military units who have captured them; and The clerk will call the roll. [Rollcall Vote No. 131 Ex.] Whereas the United States and the other The legislative clerk called the roll. YEAS—99 coalition nations have complied, and will Mr. REID. I announce that the Sen- continue to comply, with international law Akaka Dodd Lincoln and custom and the Geneva Convention: ator from Iowa (Mr. HARKIN) is absent. Alexander Dole Lott Now, therefore, be it I further announce that, if present Allard Domenici Lugar Resolved by the Senate (the House of Rep- and voting, the Senator from Iowa (Mr. Allen Dorgan McCain HARKIN) would vote ‘‘Aye’’. Baucus Durbin McConnell resentatives concurring), That Congress— Bayh Edwards Mikulski (1) expresses its outrage at the flagrant The PRESIDING OFFICER. Are there Bennett Ensign Miller violations by the Government of Iraq of the any other Senators in the Chamber de- Biden Enzi Murkowski customary international law of war and the siring to vote? Bingaman Feingold Murray Convention Relative to the Treatment of The result was announced—yeas 99, Bond Feinstein Nelson (FL) Prisoners of War, dated at Geneva August 12 nays 0, as follows: Boxer Fitzgerald Nelson (NE) 1949, and entered into force October 21, 1950; Breaux Frist Nickles [Rollcall Vote No. 130 Ex.] Brownback Graham (FL) Pryor (2) supports in the strongest terms the YEAS—99 Bunning Graham (SC) Reed President’s warning to Iraq that the United Burns Grassley Reid States will hold the Government of Iraq, its Akaka Dodd Lincoln Byrd Gregg Roberts officials, and military personnel involved ac- Alexander Dole Lott Campbell Hagel Rockefeller countable for any and all such violations; Allard Domenici Lugar Cantwell Hatch Santorum Allen Dorgan McCain Carper Hollings Sarbanes (3) expects Iraq to comply with the require- Baucus Durbin McConnell ments of the international law of war and Chafee Hutchison Schumer Bayh Edwards Mikulski Chambliss Inhofe Sessions the explicit provisions of the Convention Bennett Ensign Miller Clinton Inouye Shelby Relative to the Treatment of Prisoners of Biden Enzi Murkowski Cochran Jeffords Smith War, which afford prisoners of war the proper Bingaman Feingold Murray Coleman Johnson Snowe and humane treatment to which they are en- Bond Feinstein Nelson (FL) Collins Kennedy Specter titled; and Boxer Fitzgerald Nelson (NE) Conrad Kerry Stabenow Breaux Frist Nickles Cornyn Kohl Stevens (4) expects that Iraq will afford prisoners of Brownback Graham (FL) Pryor war access to representatives of the Inter- Corzine Kyl Sununu Bunning Graham (SC) Reed Craig Landrieu Talent national Committee of the Red Cross, as re- Burns Grassley Reid Crapo Lautenberg Thomas quired by the Convention Relative to the Byrd Gregg Roberts Daschle Leahy Voinovich Treatment of Prisoners of War. Campbell Hagel Rockefeller Dayton Levin Warner Cantwell Hatch Santorum DeWine Lieberman Wyden The PRESIDING OFFICER (Ms. COL- Carper Hollings Sarbanes LINS). The motion to reconsider is laid Chafee Hutchison Schumer NOT VOTING—1 upon the table. Chambliss Inhofe Sessions Harkin Clinton Inouye Shelby f Cochran Jeffords Smith Coleman Johnson Snowe The nomination was confirmed. EXECUTIVE SESSION Collins Kennedy Specter The PRESIDING OFFICER. The Conrad Kerry Stabenow Cornyn Kohl Stevens President shall be immediately notified of the Senate’s actions on these NOMINATION OF DEE D. DRELL TO Corzine Kyl Sununu Craig Landrieu Talent nominations. BE UNITED STATES DISTRICT Crapo Lautenberg Thomas Mr. HATCH. Madam President, I am Daschle Leahy Voinovich JUDGE FOR THE WESTERN DIS- pleased today to speak in support of TRICT OF LOUISIANA Dayton Levin Warner DeWine Lieberman Wyden Dee Dodson Drell, who has been nomi- The PRESIDING OFFICER. Under NOT VOTING—1 nated to the United States District the previous order, the Senate shall Harkin Court for the Western District of Lou- proceed to executive session to con- isiana, Alexandria Division. sider the following nomination, which The nomination was confirmed. Mr. Drell began his legal career with the clerk will report. f the U.S. Army Judge Advocate Gen- The legislative clerk read the nomi- NOMINATION OF RICHARD D. BEN- eral’s Corp upon graduation from nation of Dee D. Drell, of Louisiana, to NETT, OF MARYLAND, TO BE Tulane University School of Law in be United States District Judge for the UNITED STATES DISTRICT 1971. He began his tour of duty as a de- Western District of Louisiana. JUDGE FOR THE WESTERN DIS- fense counsel for courts martial, han- The PRESIDING OFFICER. The Sen- TRICT OF MARYLAND dling both misdemeanor and felony- ator from Pennsylvania. The PRESIDING OFFICER. Under level cases. He next moved to the posi- Mr. SANTORUM. Madam President, I the previous order, the Senate shall tion of prosecutor, during which time ask unanimous consent that the next proceed to consider Executive Calendar he was named Chief of Military Jus- two votes be 10 minutes in duration. No. 107, which the clerk will report. tice. He remained in that position until The PRESIDING OFFICER. Without The legislative clerk read the nomi- he completed his military service in objection, it is so ordered. nation of Richard D. Bennett, of Mary- 1975, after which he entered private The Senator from Vermont. land, to be United States District practice. Mr. LEAHY. Madam President, I ask Judge for the District of Maryland. Mr. Drell then joined the law firm of unanimous consent that it be in order The PRESIDING OFFICER. The Gravel, Roy & Burnes. His practice fo- at this point to request the yeas and question is, Will the Senate advise and cused primarily on personal injury, nays for both nominees; that is, Dee consent to the nomination of Richard criminal defense and general civil liti- Drell and Richard Bennett. D. Bennett, of Maryland, to be a United gation. In 1981, Drell joined the law The PRESIDING OFFICER. Is there States District Judge for the District firm of Gold, Weems, Bruser, Sues & objection to requesting the yeas and of Maryland? The yeas and nays have Rundell, where he is currently a mem- nays at this time? Without objection, been ordered. The clerk will call the ber and director. His primary areas of it is so ordered. roll. practice are insurance defense, con- Mr. LEAHY. I ask for the yeas and The assistant legislative clerk called tracts, employment law, health bene- nays on both nominees. the roll. fits and civil litigation. The PRESIDING OFFICER. Is there a Mr. REID. I announce that the Sen- Mr. Dell has a strong commitment to sufficient second? ator from Iowa (Mr. HARKIN) is absent. pro bono work that extends beyond his There appears to be a sufficient sec- I further announce that, if present regular law practice. It includes work ond. and voting, the Senator from Iowa (Mr. with organizations that provide serv- The question is, Will the Senate ad- HARKIN) would vote ‘‘Aye’’. ices to people suffering from AIDS and vise and consent to the nomination of The PRESIDING OFFICER. Are there AIDS-related illnesses. He provides Dee D. Drell, of Louisiana, to be United any other Senators in the Chamber de- legal services as a volunteer counselor States District Judge for the Western siring to vote? for Central Louisiana AIDS Support

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.123 S09PT1 S5050 CONGRESSIONAL RECORD — SENATE April 9, 2003 Services and AIDSLaw of Louisiana, U.S. House of Representatives from Au- Unfortunately, many of this Presi- Inc. He has also served as a legal advi- gust 1997 until June 1998. dent’s judicial nominees have proven to sor to the board of Shepherd Min- Mr. Bennett has the support of both be quite controversial and we have had istries, an ecumenically-based religious Maryland Senators, along with a unan- serious concerns about whether they organization that provides services to imous ‘‘Well Qualified’’ ABA rating. would be fair judges if confirmed to the disadvantaged. With his legal acumen and experience lifetime positions. Those controversial Throughout his career, Mr. Drell has as both defense counsel and federal judges take more time and raise more won many accolades, such as recogni- prosecutor, I am confident that Mr. concerns. tion in Outstanding Young Men of Bennett will make a fine jurist on the So, despite the fact that we are con- America, 1976; designation as a Lou- Federal bench. sidering more controversial nominees isiana Bar Foundation Charter Fellow, I yield the floor. from this President than with Presi- 1998; and receipt of the Professionalism Mr. LEAHY. With today’s confirma- dent Clinton, and despite the progress Award from the Crossroads-American tion vote on the nominations of Dee we have made in reducing judicial va- Inn of Court, 2000. Drell to the United States District cancies to the lowest level ever at- I am confident that Mr. Drell will Court for the Western District of Lou- tained while President Clinton was in serve on the bench with compassion, isiana and Richard Bennett to the office and despite the pace of the low- integrity and fairness. United States District Court of Mary- est level ever attained while President I yield the floor. land, Senate Democrats again dem- Clinton was in office and despite the Madam President, I am also pleased onstrate their bipartisanship toward pace of confirmations, which exceeds today to speak in support of Richard D. consensus nominees. that maintained by the Republican ma- With these confirmations the Senate Bennett, who has been nominated to jority in 1999, Republicans still do will have confirmed 18 judicial nomi- the United States District Court for nothing but criticize and castigate nees of President Bush so far this year the District of Maryland. Senators if every judicial nominee is and 118 overall. Mr. Bennett is a distinguished practi- not confirmed by the Senate after a tioner whose career includes two terms During the entire four years of Presi- dent Clinton’s second term as Presi- short debate. of service with the United States At- The question I have been asking and dent, Republicans never, not once, al- torney’s Office for the District of the American people should ask is why lowed the number of vacancies to dip Maryland. His outstanding legal skills are the Senate Republicans picking below 50. The last time vacancies hit 49 have been widely recognized, including fights rather than working with us to was 7 years ago. mention in the 2003–2204 edition of The So far this year we have confirmed make additional progress. The best ex- Best Lawyers in America. more judicial nominees of President ample of that is the Republican insist- Mr. Bennett began his legal career Bush than the Republican majority ence on seeking to proceed on the most following his graduation from the Uni- was willing to confirm in the entire controversial among the President’s versity of Maryland School of Law in 1996 session when President Clinton nominees instead of the circuit court 1973. After graduation, he worked for was in the White House. That entire nominations that Democratic Senators the Baltimore law firm of Smith, Som- year only 17 judges were confirmed all have supported and will support to the erville & Case, where he specialized in year and that included none to the cir- Fifth Circuit, the nomination of Judge insurance defense, as well as general cuit courts, not one. In contrast, al- Edward Prado of Texas. Judge Prado’s civil and criminal litigation. ready this session two highly con- nomination was unanimously reported Mr. Bennett left private practice in troversial circuit court nominees have by the Judiciary Committee. To date, 1976 to serve his first term with the already been confirmed among the 18 there has been no effort by the Repub- U.S. Attorney’s Office for the District judges the Senate has approved to date. lican leadership to allow the Senate to of Maryland as Assistant U.S. Attor- Those confirmations, including one consider and vote on that nomination. ney. While there, he persecuted white that had more negative votes than the I do not believe the cynical comments collar crime, drug offenses, environ- required number of be filibustered but of some that Republicans will not al- mental violations, and virtually every who was not filibustered, never get ac- lows us to turn to the Prado nomina- kind of criminal case brought by the knowledged in partisan Republican tion because he is Hispanic and when office. He served in that position until talking points. the Senate confirms him it would dem- the end of 1980. We are also ahead of the pace the Re- onstrate yet again that the outrageous Next, Mr. Bennett and another publican majority set in 1999 when it charges of anti-Hispanic sentiment former prosecutor formed a law part- was considered President Clinton’s ju- that Republicans have tried to make nership, Marr & Bennett, in early 1981. dicial nominees—almost 6 months against Democrats were and are ridicu- The practice specialized in federal and ahead. It was not until October that lous. state litigation, with an emphasis on the Senate confirmed as many as 18 ju- When Senator HATCH was chairman insurance and white collar criminal de- dicial nominees in 1999. of the Committee and a Democratic fense. In the prior 17 months I chaired the President occupied the White House, Mr. Bennett then merged his practice Judiciary Committee, we were able to Senator HATCH denied that even 100 va- with the firm of Weaver & Bendos in confirm 100 judges and vastly reduce cancies was a vacancies crisis, accord- 1989. He continued to specialize in Fed- the judicial vacancies that Republicans ing to a column he wrote for the Sep- eral and State litigation. had stored up by refusing to allow tember 5, 1997 edition of USA Today. In 1991, Mr. Bennett left Weaver, scores of judicial nominees of Presi- During the Clinton administration, Bendos & Bennett to serve a second dent Clinton to be considered. We were Senator HATCH repeatedly said that 67 term with the U.S. Attorney’s Office, able to do so despite the White House’s vacancies was the equivalent of ‘‘full this time as a U.S. Attorney, after refusal to consult with Democrats on employment’’ in the Federal judiciary. being nominated by President George circuit court vacancies and many dis- As of these confirmations, there are H.W. Bush and confirmed by the Sen- trict court vacancies. not 49 judicial vacancies. ate. He served in that capacity until There is no doubt that the judicial By Senator HATCH’s standards we 1993. nominees of this President are conserv- have reached well beyond ‘‘full employ- Mr. Bennett has since returned to atives, many of them quite to the right ment’’ on the Federal bench. private practice as a partner with of the mainstream. Many of these Vacancies have dropped to this level Miles & Stockbridge, one of Maryland’s nominees have been active in conserv- in large part because during 17 months most prestigious law firms. His prac- ative political causes or groups. Demo- of Democratic control of the Senate, tice has increasingly focused on white crats moved fairly and expeditiously on we confirmed 100 of President Bush’s collar criminal defense, government in- as many as we could consistent with judicial nominees, even though Repub- vestigations, internal investigations, our obligations to evaluate carefully licans averaged only 38 confirmations and grand jury practice. He served as and thoroughly these nominees to life- per year during their prior 61⁄2 years of Special Counsel to the Government Re- time seats in the Federal courts. And control of the Senate. We inherited 110 form and Oversight Committee of the we continue to do so. vacancies by the time the committee

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.061 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5051 was permitted to reorganize in the year congresses for President Reagan. firmed three, even though two of Presi- summer of 2001, and we confirmed 100 In contrast, President Clinton won con- dent Clinton’s nominees to that circuit judicial nominees. firmation of only 15 of 34 circuit nomi- were never allowed hearings. With the This historic number of confirma- nees in 1999–2000, about 44 percent. confirmation of the controversial Tim tions in less than a year and a half, cut Thus, because of the Republican suc- Tymkovich to the Tenth Circuit last the number of vacancies to 60. There cess in blocking appellate judges, week we have now filled a total of four were 40 new retirements in this period. President Clinton’s circuit court nomi- vacancies on that court. The seat to Chairman Hatch never acted as quickly nees were actually more likely than which he was nominated had been va- on Clinton nominees. not to not be confirmed, an indignity cant for more than 4 years despite The Democratic leadership also not suffered by Bush’s nominees. This President Clinton having nominated moved to confirm 17 circuit court was nothing compared to 1996, the first two qualified nominees, neither of nominees, some of them quite con- election year in modern history and whom was ever accorded a hearing. troversial, in those 17 months, even recollection in which not a single cir- Had President Clinton’s circuit court though Chairman HATCH averaged only cuit nominee was confirmed all year, nominees been confirmed, the circuit 7 circuit court confirmations per year with Republicans in charge. Plus, I courts would have been evenly bal- during the Clinton administration. would note that 6 of President Clin- anced, with six circuits with a major- This year, two more circuit nominees ton’s circuit nominees in 1999–2000 were ity of Democratic appointees and six of President Bush have been confirmed, actually re-nominees, like Judge Rich- circuits with a majority of Republican although other controversial ones have ard Paez who even Chairman HATCH ad- appointees and one circuit with an not. mitted was ‘‘filibustered’’ in 2000 and even number of Democratic and Repub- These 19 confirmations of Bush cir- who waited more than 1,500 days to be lican appointees. cuit court nominees have reduced the confirmed. If President Bush succeeds in win- number of circuit vacancies to 23. Dur- In fact, when you look at the actual ning the confirmation of nominees to ing the Clinton administration, Chair- percent of confirmations by session every circuit vacancy he inherited plus man HATCH and Senate Republicans rather than the combined figure for the ones that have arisen since then, blocked the confirmation of 22 circuit two years, the percent of Clinton nomi- only two circuits will have a majority court nominees through anonymous nees blocked by Republicans is even of Democratic appointees and 11 will holds, blue slips, and other procedures. more shocking. During 1999, only 7 of 25 have a majority of Republican ap- Had those nominees been confirmed, Clinton circuit nominees were con- pointees. In many of those circuits, the and had Bush won the confirmation of firmed, or 28 percent, and 1999 was not Republican appointees will have at 19 circuit nominees to vacancies that a Presidential election year. In con- least a 2–1 majority on every panel on arose during his Presidency, the cur- trast, in 1991, the first President Bush average. More than 67 percent of the rent number of circuit vacancies would won the confirmation of 9 of 17 nomi- appointments to those courts will be be 1. nees, or 53 percent. In 2000, Clinton won by Republicans. Republicans caused what they call confirmation of 8 out of 25 nominees, It is also important to remember the circuit vacancy crisis. The number including those not acted on in 1999, or when comparing what Republicans did of circuit vacancies more than doubled 32 percent. In contrast in 1992, Bush to President Clinton’s circuit nominees from 16 in January 1995 when Repub- won the confirmation of 11 of 21 circuit to what happened in 1992 that Chair- licans took over the Senate to 33 in the nominees, including those not acted on man BIDEN moved through 66 of Presi- summer of 2001, when the committee in 1991, which again was more than 52 dent Bush’s judicial nominees in 1992, was permitted to reorganize under percent. President George H.W. Bush’s best year Democratic control. Still, the Senate Despite the wide-scale obstruction or for confirmations, despite it being a has already confirmed 19 of his circuit filibustering of Clinton circuit vacan- Presidential election year. However, court nominees in less than 2 years. By cies—filibustering after all comes from the Senate could not get through all of comparison, President Reagan had 19 the Dutch word for piracy or taking the nominees following the bipartisan circuit nominees confirmed in his first things that do not belong to you— judgeship bill of 1990 which increased 2 years in office as did President Clin- Democrats worked hard to turn the the size of the Federal courts by more ton. The difference is that in both of other cheek and fill vacancies that than 100 seats. those administrations, the Presidents were allowed to go unfilled due to Re- In the 102nd Congress, Chairman were working with Senate majorities of publican holds. BIDEN got through 124 of President the same political party. For example, under Democratic lead- George H.W. Bush’s nominees, includ- Lately I have heard Republicans ership, the Senate held the first hearing his nominee to the Supreme Court, complaining that not all of this Presi- ing for a nominee to the Fourth Circuit Clarence Thomas. In fact, the Repub- dent’s circuit nominees have yet been in 3 years and confirmed him and an- licans did not allow President Clinton confirmed, but he has had so many va- other most controversial nominee, to win the confirmation of a many cancies due to the massive obstruction even though seven of President Clin- judges in 1999 and 2000 combined as of circuit seats by Republicans in the ton’s nominees to that circuit never re- Chairman BIDEN got through for Presi- Clinton administration, doubling the ceived hearings from Republicans. We dent Bush in 1992 alone. number of circuit vacancies, as opposed proceed with the first hearing for a Finally, I would note that Chairman to keeping the rate of vacancies steady nominee to the Fifth Circuit in 7 years BIDEN moved through 20 circuit court or reducing them. Republicans now can and confirmed her, even though three nominees for President Bush in the be heard to complain that some circuit of President Clinton’s nominees to that 102nd Congress. As a consequence, the court nominees did not get a vote in circuit never received hearings. In fact, first President Bush was able to ap- 1992, but that situation does not com- we held hearings for all three of Presi- point 42 circuit judges in his one term pare to the long stall of Clinton’s cir- dent Bush’s nominees to that circuit as a President. Because of Republicans’ cuit court nominees, and her is why: even though three of President Clin- blockade of any circuit court nominee Only 10 of the circuit nominees of ton’s nominees, Enrique Moreno, Jorge to be confirmed in 1996, President Clin- President George H.W. Bush did not get Rangel, and Alston Johnson, were ton was able to appoint only 30 circuit a vote by the committee. Twenty-two never allowed hearings by Republicans. judges in his first term, more than 25 of Clinton’s circuit nominees did not We proceeded with the first hearing percent fewer than his predecessor, get votes by the committee during Re- on a nominee to the Sixth Circuit in al- President George H.W. Bush, who had a publican control. That is more than most 5 years and confirmed her and an- Democratic Senate during his entire twice as many. Additionally, President other controversial nominee to that Presidency. In President Clinton’s two George H.W. Bush won the confirma- circuit even though three of President full terms, Republican obstruction lim- tion of 67 percent of his circuit nomi- Clinton’s nominees to that circuit ited him to 65 circuit court appoint- nees between 1991 and 1992, a Presi- never received a hearing. We proceeded ment in those 8 years. dential election year, which was con- with the first hearing on a nominee to In contrast, President George W. sistent with prior Presidential election the Tenth Circuit in 6 years and con- Bush has already appointed 19 circuit

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.064 S09PT1 S5052 CONGRESSIONAL RECORD — SENATE April 9, 2003 judges and, as I have indicated, the of Louisiana, Inc. These two organiza- but I send my congratulations to the 20th confirmation, that of Judge Prado tions provide services to persons with team, the fans, and Coach Geno is stalled only because Republicans AIDS and AIDS-related complex. He Auriemma, who is a wonderful friend of have refused to proceed to his consider- has also devoted time to the Delta Re- mine, his family, his remarkable ation. gion AIDS Education and Training coaching staff, and the tremendous President Bush is poised to appoint Center. In 1997, he received the Pro team, led by Diana Taurasi, who is a at least one-quarter of Federal appel- Bono Publico Award in 1997 from junior, along with other underclass- late courts in just one term, due to the AIDSLaw of Louisiana. men, who did what no one predicted large number of circuit court vacancies Mr. Drell ha a record of accomplish- they would be able to do following last he inherited from President Clinton ment and compassion as a lawyer of year’s national championship victory, which were the result of widespread which we can all be proud. He has the and that is to follow on with a record Republican obstruction. full support of both of his home-State of only one loss this season and to beat The solution to the current logjam Senators. His record has generated no a great Tennessee team. over circuit court judges is not to move controversy or criticism. If only, our I note the Senator from Tennessee is them through more quickly with less circuit court nominees had records in the Chamber, but I want my col- scrutiny. The solution is for this Presi- such as his. This nomination is a good leagues to know there are a couple of dent to consult with Senators from example of the kind of candidate who lobsters that are today enjoying life both parties in finding mainstream, engenders bipartisan support. somewhere along the bottom of Long consensus nominees, rather than this I congratulate Mr. Drell, his family Island Sound because they did not end parade of activists and extremists that and the Senators from Louisiana on his up on the dinner plate of the majority we have witnessed over these past few nomination and confirmation. leader. Last evening at a gathering of months. This President wants a clean The other nominee confirmed today friends, I wagered two New England slate on judicial nominees, but he re- is Richard Bennett of Maryland. There lobsters versus some barbecue from fuses to do any of the work necessary is no doubt that Mr. Bennett is a con- Tennessee. So two lobsters on Long Is- to clean that slate. Instead of being a servative and a Republican, yet he has land Sound are enjoying their freedom uniter in his judicial choices, he has di- the support of his home-State Senators tonight; they are obviously pleased as vided this Senate and the American and the support of Senate Democrats. well that the University of Connecticut people by deferring to the far right In 1991, Mr. Bennett was chosen by team did as well as it did. wing of his party in the only lifetimes President George H.W. Bush to be the Congratulations to our State and appointments in our entire govern- United States Attorney for the District their fans and the wonderful team. A ment. of Maryland and the Senate confirmed resolution will be adopted later this The Senate Judiciary Committee has him without dissent. He has also run evening commending this fine team been ridiculed, and I am sad to say, for State office as a Republican. He has and the staff of the University of Con- necticut. rightly so, for becoming a litigated more than 100 cases, civil and rubberstamp, an assembly line for criminal, most of which were in the f these important nominations to the Federal court to which he is nomi- HONORING OUR ARMED FORCES second highest courts in our Federal nated. Mr. DODD. Madam President, we lost Government. The solution is genuine He has received an AV rating from a young man from Connecticut in the consultation and accommodation rath- Martindale-Hubbell, been selected to Iraq conflict a few days ago. I want to er than this race to pack the courts The Best Lawyers in America, and also take a few minutes to pay tribute to and tip the balance with nominees who received a meritorious service medal Marine SSGT Phillip Jordan of Enfield, have shown a lack of respect for indi- for his work in the military as a staff CT, who was killed in action while on vidual rights. judge advocate. a combat mission in Iraq. I am pleased to say, however, that Mr. Bennett served as special counsel All Americans have been closely fol- not all of his nominees have been ex- to the Government Reform and Over- lowing our troops in Iraq since the war tremists. Particularly for the district sight Committee in 1997 and 1998 with began 2 weeks ago. Every day we hear court nominees when there has been bi- Republican U.S. Representative Dan lots of facts and figures about the war, partisan consultation, some of the judi- Burton, who was investigating cam- the number of sorties in the air, the cial nominees have been conservative paign contributions during the 1996 number of tanks in the field, and the but within the mainstream. election. He heads the Miles & locations of various divisions through- Since the Republican majority will Stockbrige Foundation, a charitable out Iraq. We must never forget that be- not allow the Senate to consider Judge foundation. hind those statistics are people. These Prado, let me turn briefly to the nomi- I congratulate Mr. Bennett and his people are our constituents, young men nees before the Senate. Mr. Drell has family on his confirmation. and women in uniform from all across been a lawyer’s lawyer, rather than a f this great land of ours, some who are political or judicial activist as so many not even citizens of this country but LEGISLATIVE SESSION of President Bush’s circuit nominees who have green cards and want to dem- are. Dr. Drell has been a member and a The PRESIDING OFFICER. The Sen- onstrate their commitment to America leader of numerous State and Local bar ator from Connecticut. by serving in the Armed Forces and associations. He served on the State Mr. DODD. Madam President, I ask commit themselves to do a job in the Committee or Post-Conviction Rep- unanimous consent to speak as in Persian Gulf because they have been resentation for 5 years and assisted the morning business. asked to by the President. State bar with attorney disciplinary The PRESIDING OFFICER. Without We must never forget that each and matters. Dr. Drell has been active in objection, it is so ordered. every one of the more than 225,000 the Family Mediation Council of Lou- f brave service men and women fighting isiana, where he served as a board in Iraq have family and friends at home U CONN HUSKIES NCAA WOMEN’S member from 1986 to 1992. to fight for our country overseas. Each CHAMPIONSHIP He also served as board member of of these heroes is making a tremendous the Rapides Parish Indigent Defender Mr. DODD. Madam President, with a contribution, a personal sacrifice, so Board from 1987 to 1994. He served on sense of parochial pride—although I all of us can be more secure in the the Louisiana Task Force on Racial note the Presiding Officer is from my United States. and Ethnic Fairness in the Courts. region of the country, and I presume Inevitably, in a conflict such as this, Mr. Drell has also devoted a consider- she may enjoy a sense of regional pride there are those who will make the ulti- able amount of time to helping individ- as well—I rise to address the victory mate sacrifice, some who will never re- uals suffering with AIDS on a pro bono last evening of the University of Con- turn to their family and friends and basis. He is directly involved as volun- necticut women’s basketball team in communities. I would like to share the teer counsel for Central Louisiana the national championship game. I story of one of those fine Americans for AIDS Support Services and AIDSLaw don’t want to take a long time today, a few moments this evening.

VerDate Jan 31 2003 02:30 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.067 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5053 The individual I want to talk about been called to serve their Nation in a tween 1915 and 1923, one-and-a-half mil- is SSGT Phillip Jordan who was 42 distant land. These families need our lion Armenians—roughly 60 percent of years of age. He lived in Enfield with support more now than ever. the total Armenian population—were his wife Amanda and their 6-year-old Young Tyler Jordan was asked the systematically murdered at the hands son Tyler. His devotion to his country other day about his dad. He said he was of agents of the Ottoman Empire, and caused him to enlist in the Marines confident his father was the best ma- hundreds of thousands more were some 15 years ago as a private. Ser- rine in Heaven. forced to leave their homes. At that geant Jordan quickly advanced in the On behalf of the Senate, I thank Phil- time, the word ‘‘genocide’’ had not yet ranks to become a gunnery sergeant. lip Jordan for his service to America, entered our vocabulary. Now, 88 years In 1991, he served in his first combat and extend the deepest sympathies, not later, this brutal episode of violence mission as a platoon leader in Oper- only of my family but also of all of the against the Armenian people is consid- ation Desert Storm, the first Persian Senate, to express our condolences to ered to have been the first, but unfor- Gulf war. After that conflict, Sergeant Amanda and Tyler Jordan and to that tunately not the last, genocide of the Jordan was based at Camp Lejeune in family. Our thoughts and prayers are 20th century. North Carolina before becoming a drill with them. Two decades later, in 1939, as Adolph sergeant at Parris Island, SC. For 3 I yield the floor. Hitler, confident that history would ex- years he taught countless new recruits I suggest the absence of a quorum. onerate him, prepared to send his ar- how to become U.S. marines. Few were The PRESIDING OFFICER. The mies into Poland with instructions to better suited for the task—friends, clerk will call the roll. slaughter people indiscriminately and family and his marine colleagues re- The assistant legislative clerk pro- without mercy, he rhetorically asked ferred to Sergeant Jordan as a ‘‘Ma- ceeded to call the roll. his advisers: ‘‘Who, after all, speaks rine’s Marine’’ for his can-do profes- Mr. MCCONNELL. Mr. President, I today of the annihilation of the Arme- sional attitude. Just before he was ask unanimous consent that the order nians?’’ That is precisely why I speak shipped out in January to serve in the for the quorum call be rescinded. today, and every year on this date, to second Persian Gulf war, Sergeant Jor- The PRESIDING OFFICER (Mr. honor the Armenian people who lost dan was asked how he felt about once GRAHAM of South Carolina). Without their lives nearly a century ago and to again being called to serve in combat. objection, it is so ordered. remind the American people that the His response was: ‘‘This is what I do. capacity for violence and hate is still f That’s my job.’’ prevalent in our world today. He did that job with unflinching MORNING BUSINESS Just in the last decade, we have seen valor. Phillip Jordan was much more Mr. MCCONNELL. Mr. President, I systematic efforts to extinguish people than just a fine marine. He was an in- ask unanimous consent that the Sen- because of their ethnicity in Bosnia, credibly fine, loving husband and re- ate proceed to a period for morning Rwanda, and Kosovo. Last year the Or- markable father. Amanda Jordan de- business. ganization for Security and Coopera- scribed her husband as a caring and The PRESIDING OFFICER. Without tion in Europe noted a ‘‘sharp esca- loving man who would go out of his objection, it is so ordered. lation’’ of anti-Semitic violence in Eu- way to do a favor for anyone at all. rope. Apparently, even lessons as sear- Each and every Sunday when he was f ing and tragic as those of the Holo- home, he would make his family a LOCAL LAW ENFORCEMENT ACT caust can be forgotten if we do not re- homemade breakfast, right down to the OF 2001 main vigilant in our efforts to remem- flowers and fresh-squeezed orange ber them. juice. While stationed overseas, letters Mr. SMITH. Mr. President, I rise Last year, as the chairman of the home always included two parts, one today to speak about the need for hate Subcommittee on Africa, I had the op- that began ‘‘Dear Amanda’’ and the crimes legislation. In the last Congress portunity to visit the International other began ‘‘Dear Tyler’’ so that Tyler Senator KENNEDY and I introduced the Criminal Tribunal for Rwanda, which would have a letter of his own. Tyler Local Law Enforcement Act, a bill that is setting groundbreaking legal prece- certainly read those letters. He says he would add new categories to current dents with regard to the treatment of wants to grow up to be a marine some hate crimes law, sending a signal that genocide. Through such tribunals, the day, just like his father. There would violence of any kind is unacceptable in international community should send a be, perhaps, no more fitting tribute to our society. powerful message to would-be mass- a man who showed such tremendous I would like to describe a terrible murderers that such horrific acts will dedication and devotion to his family crime that occurred September 28, 2001 not go unpunished. Since I became a and his Nation. in New York, NY. A Yemeni man was member of the U.S. Senate, I have Phillip Jordan’s friends liked to call badly beaten in the Bronx while work- striven to make protection of basic him ‘‘Gump,’’ after the movie 11Forrest ing at his newsstand. Three local men human rights, and accountability for Gump,’’ for his eternal optimism. Trag- allegedly yelled, ‘‘You Arabs get out of such atrocities, cornerstones of U.S. ically, in times of war, such optimism my neighborhood—we hate Arabs! This foreign policy, and I will continue to do is not always rewarded. We, as a Na- is war!’’ before dragging him outside so as long as I am here. tion, can be assured a victory in this and hitting him in the head with a bot- Today, we remember the men, women conflict and any others which may tle. and children who perished in the Arme- challenge us down the line, because we I believe that Government’s first nian genocide, because to forget them, know our fighting forces are made up duty is to defend its citizens, to defend or any of the countless millions who of men and women who share Phillip them against the harms that come out have been murdered because of their Jordan’s sense of commitment and of hate. The Local Law Enforcement ethnicity over the past century, would strength of character. We must always Enhancement Act is a symbol that can be to invite such tragic episodes to be be mindful of the price they and their become substance. I believe that by repeated. passing this legislation and changing loved ones have paid for our freedom f and our security, especially those like current law, we can change hearts and Phillip Jordan who paid the highest minds as well. PROTECTING CHILDREN AGAINST CRIME ACT OF 2003 price of all. f Phillip Jordan was not the first cas- Mr. DEWINE. Mr. President, as you ualty of this war and regrettably he ARMENIAN GENOCIDE 88TH know, April is Child Abuse Prevention will not be the last. It is important for ANNIVERSARY Month, and this week is National all of us at this moment in time to Mr. FEINGOLD. Mr. President, today Crime Victims’ Rights Week. Further- reach out to the many families who people around the world are pausing to more, just last week, I joined with my have an empty chair at their dinner remember and honor the victims of the friends and colleagues, Senators LIN- table because a father or mother, Armenian genocide, which began 88 COLN and SHELBY, in announcing our brother, sister, son, or daughter has years ago in what is now Turkey. Be- creation of a new, bipartisan Senate

VerDate Jan 31 2003 03:04 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.072 S09PT1 S5054 CONGRESSIONAL RECORD — SENATE April 9, 2003 Caucus on Missing, Exploited, and Run- code, for prosecuting certain sex stood by our side since September 11 away Children. And, just yesterday, I crimes against children and child ab- and even before. introduced the Protecting Children duction offenses. This provision recog- That nation is the State of Israel. Against Crime Act of 2003, S.810. nizes that victims of such crimes often Americans awoke fully to the reali- I thank Senators GRASSLEY, do not come forward until years after ties of terrorism on that fateful morn- HUTCHISON, and SHELBY for joining me the abuse, out of shame or a fear of fur- ing in September, 2001. But for the chil- as original cosponsors of the Pro- ther humiliation. It is important that dren of Israel, acts of terrorism are an tecting Children Against Crime Act of a sexual predator still be held account- all too common occurrence. Israel long 2003. This important legislation would able once a sexual abuse victim coura- ago learned all too well about the true help protect our nation’s children from geously chooses to come forward. nature of the threat we face, and their the most heinous of criminals—child In addition, this bill would call for assistance in combating that threat abductors, child pornographers, and those who produce or distribute child has been invaluable to the American others who would exploit or abuse chil- pornography to be included in the na- people. dren. tional sex offender registry. As stated American support for Israel was Every day, our local police and pros- by the United States Supreme Court strong even before September 11, but I ecutors are on the front line in the more than two decades ago, child por- believe it is even stronger now. It is fight against the criminals who target nography ‘‘is intrinsically related to strong in the Congress, in the White children, and they deserve recognition the sexual abuse of children.’’ Families House, and throughout America. for their hard work. However, the data need to know when a child pornog- Israel is our greatest friend in a very suggest that law enforcement is fight- rapher moves into the neighborhood. troubled region. This is as it should be; ing an uphill battle—child victimiza- To assist States in finding their Israel has suffered greatly, in blood and tion remains a large, pervasive, and ex- missing and runaway children, our bill treasure, and deserves strong American tremely troubling problem in the also would authorize a new, grants-to- support. Israel has been an island of United States. States program that encourages tech- stability in a turbulent Middle Eastern According to the Congressional Re- nology enhancements in the States’ sea. search Service, up to one in three girls Amber Alert Communications Plans. That is why I have strongly sup- and one in seven boys will be sexually Similar language, authored by Con- ported economic and military aid to abused in this nation before they reach gressman Mark Foley, already has Israel, including the $9 billion in loan the age of 18. Many child molesters passed the House of Representatives as guarantees and $1 billion in FMF funds prey upon dozens of victims before they part of the Child Abduction Prevention now pending before Congress as part of are reported to law enforcement. Fur- Act, H.R. 1104. This language builds on the supplemental spending bill to pay thermore, some child molesters evade the national Amber Alert legislation for the War on Terror. And that is why detection for long periods because authored by Senator HUTCHISON and I have signed a letter to President many children never report the abuse. passed by the Senate earlier this year. Bush urging him to remain true to his In fact, Bureau of Justice Statistics Under the bill I introduced yesterday, vision for peace between Israel and the suggests that between 60 percent and 80 this new grant program would be au- Palestinians as stated in his historic percent of child molestations and 69 thorized at $5 million per year in each June 24, 2002, Rose Garden speech. percent of sexual assaults are never re- of fiscal years 2004 through 2007. Since September 2000, when Yasser ported to the police. Of those sexual as- Finally, our bill would require the Arafat rejected the Camp David offer saults that are reported, 71 percent of National Research Council of the Na- put forth by Israeli Prime Minister the victims are children. tional Academy of Sciences to conduct Ehud Barak—and the subsequent, even We also have a long way to go on be- a study for Congress on the feasibility more generous Taba offer backed by half of missing children. According to of having Internet Service Providers President Clinton that would have the National Center for Missing and monitor online traffic to detect child granted the Palestinians a sovereign Exploited Children, in 2001, 840,279 per- pornography sites. The study also state on 97 percent of the West Bank sons—adults and juveniles—were re- would examine both the extent to and Gaza, removed the majority of ported missing and entered into the which credit cards are used to facili- Israeli settlements, and allowed for FBI’s national crime computer. As tate the sale of online child pornog- Palestinian control over the Temple many as 725,000 of those reported miss- raphy and options for encouraging Mount—Israel has faced an onslaught ing were juveniles. On average, 2,000 greater reporting of such illicit trans- of organized terrorism against its men, children per day were reported missing actions to law enforcement officials. women and children. to law enforcement in 2001, according Our bill would help ensure that our The Dolphinarium disco, a Sbarro to the National Center for Missing and children are protected from the most pizzeria, the Moment Cafe´, a Passover Exploited Children. treacherous of criminals. This is a seder—all were targets of homicide Most missing children are eventually fight we need to win and a fight for bombers sent by Palestinian terror returned safely to their parents, but a which we must give our law enforce- groups who have been permitted to op- small group of them are victims of ment officers every tool at our dis- erate freely within Palestinian society more predatory abductors. The average posal. I urge my colleagues to support by Arafat’s Palestinian Authority. victim of abduction and murder is a the enactment of S. 810. I actually ate once at that pizzeria. ‘‘low risk’’ 11-year-old girl from a mid- f In 1999, I visited Israel and spent a dle-class neighborhood with a stable week there so I could better under- family relationship who has initial THE UNITED STATES AND ISRAEL: stand its history and events. On one of contact with an abductor within one- UNITED AGAINST TERROR our last nights, my wife, Mary and I, quarter mile of her home—this is ac- Mr. BUNNING. Mr. President, I along with our friends decided to eat cording to a report by the U.S. Depart- would like to take a few minutes to out at that restaurant. To later then ment of Justice and the Washington talk to my colleagues in the Senate actually see a place with which you are State Attorney General’s Office. about the important relationship familiar destroyed in a senseless act of For all of these reasons, it is vitally America has with our friends in Israel, violence really helps to put these chill- important that Congress do everything and the crucial role that this relation- ingly serious matters in perspective. in its power to support parents and law ship plays in the ongoing War on Ter- It is a perspective that Israelis live enforcement in their efforts to protect ror. with every day, and it is a perspective our nation’s most vulnerable citizens. As American and Coalition troops more and more Americans are coming Enacting the Protecting Children continue military operations to lib- to understand. Against Crime Act of 2003 would be a erate the people of Iraq, it is important On the surface, these acts of ter- step in the right direction. to recall that amidst all of the criti- rorism are barbaric. But, on a deeper Among its major provisions, this leg- cism in the world community for level, they also represent the utter fail- islation would eliminate the statute of American actions, there has been at ure of Arafat to live up to his commit- limitations, under our federal criminal least one nation that has steadfastly ment to Israel and the United States,

VerDate Jan 31 2003 04:10 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.071 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5055 made as part of the 1993 Oslo peace ac- the Scud attacks. That concern re- tions, Israel has every right to take the cords, and for which Arafat was iron- mains valid today. necessary measures to protect its na- ically given the Nobel Peace Prize, to Much of the current opposition in the tional security. renounce violence and crack down on Muslim community to military action Certainly, there is a role for the terrorism. against Saddam Hussein stems from international community to play in Let me be perfectly clear: there is no their desire to see an end to the ongo- the process. To provide assurances to moral equivalence between those who ing Israeli-Palestinian conflict. both sides that their interests will not send teenagers to blow themselves up The United States policy toward be steamrolled. in crowded Israeli cafes and a govern- Israel has been roundly criticized by ment that must utilize its armed forces some as lopsided in its support. There But, for true peace to be achieved, it in order to defend its citizens. is no question that the United States is inherent that Israel and the Pales- Israeli Prime Minister Ariel Sharon provides Israel with more foreign as- tinian people reach a peace accord be- has no choice but to fight a war sistance than any other nation—and tween themselves, without outside in- against the terrorist infrastructure in deservedly so. fluence. An agreement dictated and en- the Palestinian territories so long as The United States played a critical forced by a third party will not result Arafat’s police forces are doing nothing role in the establishment of Israel in in long lasting peace. to stop terrorism, and worse, aiding it. 1948. Our two nations are bound closely History has shown that peace cannot President Bush was exactly right by historic and cultural ties as well as be achieved with Yasir Arafat in when in his June 24 Rose Garden speech by mutual interests. As a key ally, and charge of the Palestinian Authority. he called on the Palestinian people to the only democracy in the Middle East, At the Camp David summit in July elect new leaders untainted by terror, she deserves our support. 2000, then-Israeli Prime Minister Ehud to build a democracy, and to end the This does not mean, however, that Barak offered Chairman Arafat a re- scourge of terror, if they truly wanted the United States and Palestinians markable array of concessions. Unfor- the United States to recognize a Pales- cannot build a similarly positive rela- tunately, Arafat was unable to muster tinian state. And it is vital that any tionship. the political courage to accept these On March 14, President Bush reiter- ‘‘roadmap’’ toward the establishment concessions—because to accept would ated his support for the creation of a of a Palestinian state be based on Pal- mean the end of his reign; the end of estinian performance, not timetables. peaceful Palestinian State. I agree, and his power over the Palestinian people. Further, this performance should be share the President’s vision of two Yasir Arafat was not willing to make judged by the party most trusted by states, Israel and Palestine, living side that sacrifice for peace in the Middle Israelis—the United States—and not by side in peace and security. East. the United Nations, France, Russia or I welcome the appointment of others. Mahmoud Abbas as Prime Minister and We have seen this type of behavior On September 11, 2001, Israelis spon- applaud the Palestinian Authority’s from Arafat in the past. There is no in- taneously gathered on the streets to decision to rebuff Yasir Arafat’s at- dication that it will change in the fu- mourn for the victims of that day’s tempts to retain power over the Cabi- ture. brutal attacks. Israel immediately of- net. But now, the Palestinian Authority fered the United States whatever as- I am not convinced, however, that has moved past Yasir Arafat. The posi- sistance it might need. Israelis know these actions alone are enough to war- tion of Prime Minister has been cre- terrorism, but they will never become rant the United States’ full endorse- ated. A Prime Minister has been ap- inured to it. ment. The Palestinian Authority must pointed. The power to appoint a cabi- At a time when Israel is treated as a crack down on those terrorist organiza- net is his alone. The potential is there pariah by the U.N. and much of Europe, tions that seek to derail any prospects for truly significant reform. when American academics seek to have for peace in the Middle East. Groups universities divest from Israel, when like Hamas, Islamic Jihad and the al- This is encouraging. But it is only a anti-Semitic language reminiscent of Aqsa Martyrs Brigade. beginning. Now, they must recognize the worst days of Nazism are consid- I pose this simple test. If the Israeli that terror and violence do not work. ered fair game, it is imperative that military were to withdraw its forces to That arrested extremists must remain the United States stand in solidarity pre-1967 boundaries, what is the likeli- in jail. That denouncing suicide at- with its true friend and ally, the State hood that Palestinian terrorist organi- tacks entails more that just words. of Israel. zations would end their suicide attacks Certainly, Israel must do its part. f against innocent Israelis? The establishment of settlements in Likewise, if attacks by Palestinian the territories seized in the 1967 war U.S. RELATIONS WITH ISRAEL terrorists were to end, what is the like- must be stopped. Retaliatory violence Ms. MURKOWSKI. Mr. President, as lihood that Israeli troops would end against innocent Palestinians must be U.S.-led coalition forces act to remove their excursions into Palestinian held curtailed. I was pleased to read that on Saddam Hussein from power, I would land? March 24, Israeli troops dismantled an like to speak about another conflict in At present, I would suggest the latter illegal Jewish settlement near Hebron. the Middle East that is, unfortunately, is a much more likely scenario. This crackdown on settlements must all too often in the news for the wrong Israel has every right to defend her- continue. reasons. self against these terrorist attacks— During the opening days of Operation and the United States should not en- There is a dual responsibility here. Iraqi Freedom, U.S. forces seized two dorse efforts that would undermine Israeli and Palestinian authorities key airfields, known as H2 and H3, in Israel’s national security. must prevent extremists on both sides Western Iraq. It was from these air- There are those who suggest that from setting and driving the agenda. fields that 39 Scud missiles were U.N. peacekeepers should be sent in, or The continued acts of violence and ag- launched against Israel during the first that the Middle East ‘‘quartet’’—the gression only demonstrate that some Gulf War in 1991, prompting chaos and United States, Russia, the European groups in the region will always oppose panic. While Israel was fortunate that Union and the United Nations—should a peace agreement. These groups must the Scud strikes were ineffective, present a roadmap for peace. be placed on the sidelines. They must many more people died from heart fail- The United States should not—must be delegitimized. ure blamed on war-related stress—68— not—be drawn into endorsing any Peace is possible. But it takes real ef- than from the missile strikes them- ‘‘roadmap’’ that does not require the fort by both sides to make it happen. selves—2. dismantling of the operational capa- We have seen significant concessions It was the intent of Saddam Hussein bilities and financial support of ter- from Israel in the past. Yasir Arafat to prompt backlash by Arab nations rorist groups within a Palestinian was unwilling to reciprocate. I am against the U.S.-led coalition should state. When Palestinian leaders refuse hopeful that Prime Minister Abbas Israel respond with military force to to crack down on terrorist organiza- proves more amenable.

VerDate Jan 31 2003 03:04 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.067 S09PT1 S5056 CONGRESSIONAL RECORD — SENATE April 9, 2003 THE MARQUETTE UNIVERSITY sociation from 1976 to 1977. From 1982 tional finals of the We the People: The MEN’S BASKETBALL TEAM to 1994, Dr. Etzwiler served as a Prin- Citizen and the Constitution program, FINAL FOUR APPEARANCE cipal Investigator for the National In- the most extensive educational pro- Mr. FEINGOLD. Mr. President, stitutes of Health Diabetes Control and gram in the country developed specifi- today, it is with great admiration that Complications Trial, a landmark study cally to educate young people about I congratulate the Marquette Univer- that showed that keeping blood glucose the Constitution and the Bill of Rights. sity Men’s Basketball Team on their levels as close to normal as possible Administered by the Center for Civic accomplishment in making it to the slows the onset and progression of eye, Education, the We the People program Final Four of this year’s NCAA Basket- kidney, and nerve diseases caused by is funded by the U.S. Department of ball Tournament. Their season was ex- diabetes. Education by act of Congress. tremely impressive and made folks Dr. Etzwiler’s commitment to im- I am proud to announce that the proud to be from Wisconsin. proving diabetes care was international class from Grace King High School This was Marquette’s third trip to in scope. From 1986 to 1994 he served as from Metairie will represent the State the Final Four. Their first trip was in the Chairman of the Diabetes Collabo- of Louisiana in this national event. 1974, and they won the NCAA Cham- rating Centers for the World Health Or- These young scholars, led by their pionship in 1977. Their hard work and ganization in Geneva, Switzerland. In teacher Jamie Staub, have worked con- perseverance carried them into this 1994, the Russian Government, awarded scientiously to reach the national prestigious position, which undoubt- Dr. Etzwiler a Peace Award for co- finals by participating at local and edly honored the instillings of Al founding and co-directing the Inter- statewide competitions. As a result of McGuire, who was the coach from 1964 national Diabetes Programme in Rus- their experience they have gained a to 1977 and represents the spirit of this sia from 1989 to 1997. deep knowledge and understanding of basketball program. With this great ac- Dr. Etzwiler was extensively involved the fundamental principles and values complishment, Marquette’s coach Tom in professional medical associations, of our constitutional democracy. Crean graduates to the honors be- where he served in numerous leader- The 3-day We the People national stowed on this program in years past ship positions. He was a member of the competition is modeled after hearings and has ignited the strong traditions of Institute of Medicine. He has received in the United States Congress. The success that have long been a part of over 30 hours and awards from profes- hearings consist of oral presentations Marquette. sional and civic organizations, includ- by high school students before a panel I take great pride in recognizing the ing the Charles H. Best Medal for Dis- of adult judges on constitutional top- Marquette University Men’s Basketball tinguished Service in 1994 from the ics. The students are given an oppor- Team in their attainment of a spot in American Diabetes Association. A Pro- tunity to demonstrate their knowledge the Final Four of the NCAA Tour- fessor of Medicine for over 40 years, Dr. while they evaluate, take, and defend nament. I wish Coach Crean and the Etzwiler has published over 180 articles positions on relevant historical and contemporary issues. Their testimony Marquette University basketball team and abstracts about diabetes care. all the best. Wisconsin is very proud. Today, I ask my colleagues to join is followed by a period of questioning by the judges who probe the students’ f me in honoring this great man. depth of understanding and ability to Through his commitment and compas- ADDITIONAL STATEMENTS apply their constitutional knowledge. sion, Dr. Donnell D. Etzwiler has im- The class from Grace King High proved health care both nationally and School is currently preparing for their HONORING DONNELL D. ETZWILER, internationally for people with diabe- participation in the national competi- M.D. tes. Thanks to Don, people—especially tion in Washington, DC. It is inspiring ∑ Mr. COLEMAN. Mr. President, I rise children—with diabetes live happier ∑ to see these young people advocate the today to honor a great American and a and healthier lives. fundamental ideals and principles of most distinguished Minnesotan, f our Government, ideas that identify us Donnell D. Etzwiler, M.D., as he re- TOWNS COUNTY MIDDLE SCHOOL as a people and bind us together as a ceives the National Institute of Health TRIP TO WASHINGTON, DC nation. It is important for future gen- Policy’s Health Care Leadership Mr. MILLER. Mr. President, in rec- erations to understand these values Award. and principles, which we hold as stand- Donnell D. Etzwiler, M.D., earned a ognition of being named one of TIME magazine’s 2001 Schools of the Year ards in our endeavor to preserve and Doctor of Medicine from Yale Univer- realize the promise of our constitu- sity School of Medicine in 1953. He and for being selected as the first Geor- gia Lighthouse School to watch this tional democracy. I wish these young practiced as a pediatrician specializing ‘‘constitutional experts’’ the best of in diabetes care at the Park Nicollet year, Senator ZELL MILLER invited the student council representing Towns luck at the We the People national Clinic in Minneapolis, Minnesota from finals.∑ 1957 to 1996. County Middle School to visit, tour, In 1967, Dr. Etzwiler founded the and study the Nation’s Capital, Wash- f International Diabetes Center, IDC, in ington, DC. The students were accom- MESSAGES FROM THE PRESIDENT Minnesota where he served as its Presi- panied by Mrs. Margaret Dendy, Part- Messages from the President of the dent and Chief Medical Officer until ners in Education Coordinator for the United States were communicated to 1996. The IDC’s mission is to ensure school, and Mr. Stephen H. Smith, the Senate by Ms. Evans, one of his that every individual with diabetes or principal and 2003 Georgia Principal of secretaries. at risk for diabetes receives the best the Year. Senator MILLER provided a f possible care. Under Dr. Etzwiler’s tour of the Senate to Amber Allen, three decades of leadership, the IDC Bart Arencibia, Sam Clay, Nathan Dye, EXECUTIVE MESSAGES REFERRED trained over 12,000 health professionals, Katie Dyer, Ali Jones, Josh Lickey, As in executive session the PRE- including hundreds from other coun- Bryan Miller, Kayla Moody, Jentry SIDING OFFICER laid before the Sen- tries, including Japan, Poland, Russia, Moss, Katie Scott, Anderson Sutton, ate messages from the President of the Mexico, and Brazil. Dr. Etzwiler’s dedi- and Carolyn Sutton. United States submitting sundry nomi- cation to his pediatric patients re- f nations which were referred to the ap- sulted in the IDC organizing and RECOGNIZING THE ACCOMPLISH- propriate committees. hosting the First International Sympo- (The nominations received today are MENTS OF STUDENTS AT GRACE sium on Diabetes Camps in 1974. This printed at the end of the Senate pro- KING HIGH SCHOOL IN THE WE important group significantly contrib- ceedings.) THE PEOPLE COMPETITION uted to the establishment of standards f and accreditation for diabetes camp ∑ Ms. LANDRIEU. Mr. President, on programs. April 26, 2003, more than 1,200 students MESSAGE FROM THE HOUSE Donnell D. Etzwiler, M.D. served as from across the United States will visit At 12:45 p.m., a message from the President of the American Diabetes As- Washington, DC to compete in the na- House of Representatives, delivered by

VerDate Jan 31 2003 04:10 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.068 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5057 Mr. Hays, one of its reading clerks, an- MEASURES REFERRED EC–1856. A communication from the Chief, nounced that the House has passed the Regulations Unit, Internal Revenue Service, The following bills were read the first Department of the Treasury, transmitting, following bills, in which it requests the and the second times by unanimous concurrence of the Senate: pursuant to law, the report of rule entitled consent, and referred as indicated: ‘‘Announcement and Report Concerning Ad- H.R. 108. An act to amend the Education H.R. 108. An act to amend the Education vance Pricing Agreements (2003–19)’’ received Land Grant Act to require the Secretary of Land Grant Act to require the Secretary of on April 2, 2003; to the Committee on Fi- Agriculture to pay the costs of environ- Agriculture to pay the costs of environ- nance. mental reviews with respect to conveyances mental reviews with respect to conveyances EC–1857. A communication from the Regu- under that Act. under that Act; to the Committee on Agri- lations Officer, Centers for Medicare and H.R. 205. An act to amend the Small Busi- culture, Nutrition, and Forestry. Medicaid Services, Department of Health ness Act to direct the Administrator of the H.R. 205. An act to amend the Small Busi- and Human Services, transmitting, pursuant Small Business Administration to establish ness Act to direct the Administrator of the to law, the report of rule entitled ‘‘Medicare a program to provide regulatory compliance Small Business Administration to establish Program; Improvements to the Medicare and assistance to small business concerns, and a program to provide regulatory compliance Choice Appeal and Grievance Procedures for other purposes. assistance to small business concerns, and (0938–AK48)’’ received on April 4, 2003; to the H.R. 273. An act to provide for the eradi- for other purposes; to the Committee on Committee on Finance. cation and control of nutria in Maryland and Small Business and Entrepreneurship. EC–1858. A communication from the Regu- Louisiana. H.R. 733. An act to authorize the Secretary lations Officer, Center for Medicare and H.R. 733. An act to authorize the Secretary of the Interior to acquire the McLoughlin Management, Centers for Medicare and Med- of the Interior to acquire the McLoughlin House National Historic Site in Oregon City, icaid Services, transmitting, pursuant to House National Historic Site in Oregon City, Oregon, and to administer the site as a unit law, the report of rule entitled ‘‘Update of Oregon, and to administer the site as a unit of the National Park System, and for other Ambulatory Surgical Center List of Council of the National Park System, and for other purposes; to the Committee on Energy and Procedures Effective July 1, 2003 (0938– purposes. Natural Resources. AM02)’’ received on March 28, 2003; to the H.R. 1584. An act to implement effective Committee on Finance. measures to stop trade in conflict diamonds, f EC–1859. A communication from the Gen- and for other purposes. EXECUTIVE AND OTHER eral Counsel, Federal Energy Regulatory The message also announced that the COMMUNICATIONS Commission, transmitting, pursuant to law, House has passed the following bill, the report of a rule entitled ‘‘Critical Energy The following communications were Infrastructure Information (RIN 1903–AC11)’’ without amendment: laid before the Senate, together with received on April 1, 2003; to the Committee S. 380. An act to amend chapter 83 of title accompanying papers, reports, and doc- on Energy and Natural Resources. 5, United States Code, to reform the funding uments, and were referred as indicated: EC–1860. A communication from the Sec- of benefits under the Civil Service Retire- retary, Judicial Conference of the United EC–1849. A communication from the Direc- ment System for employees of the United States, transmitting, pursuant to law, the tor, Regulations Management, Board of Vet- States Postal Service, and for other pur- report relative to the judiciary’s courthouse erans’ Appeals, Department of Veterans Af- poses. construction requirements and construction fairs, transmitting, pursuant to law, the re- budget for fiscal year 2004 along with the The message further announced that port of a rule entitled ‘‘Board of Veterans’ out-year requirements for fiscal years 2005– pursuant to section 206 of the Juvenile Appeals; Rules of Practice—Appeal With- 2008, received on April 4, 2003; to the Com- drawal (2900–AK71)’’ received on April 3, 2003; Justice and Delinquency Protection mittee on the Judiciary. Act of 1974 (42 U.S.C. 5616), and the to the Committee on Veterans’ Affairs. EC–1861. A communication from the Regu- order of the House of January 8, 2003, EC–1850. A communication from the Chair- lations Coordinator, Department of Health the Speaker reappoints the following man, Medicare Payment Advisory Commis- and Human Services, transmitting, pursuant member on the part of the House of sion, transmitting, pursuant to law, the to law, the report of a rule entitled ‘‘Admin- March 2003 Report to the Congress: Medicare Representatives to the Coordinating istrative Wage Garnishment (RIN 0990– Payment Policy, received on April 3, 2003; to AA05)’’ received on March 28, 2003; to the Council on Juvenile Justice and Delin- the Committee on Finance. quency Prevention for a 3-year term: Committee on Health, Education, Labor, and EC–1851. A communication from the Chief, Pensions. Mr. Michael J. Mahoney of Chicago, Il- Regulations Unit, Internal Revenue Service, EC–1862. A communication from the Assist- linois. Department of the Treasury, transmitting, ant Secretary, Occupational Safety and The message also announced that pursuant to law, the report of rule entitled Health Administration, Department of pursuant to 40 U.S.C. 188a, and the ‘‘Fringe Benefits Aircraft Valuation For- Labor, transmitting, pursuant to law, the re- order of the House of January 8, 2003, mula (Rev. Rul. 2003–25)’’ received on April 2, port of a rule entitled ‘‘29 CFR 1979, Proce- 2003 ; to the Committee on Finance. dures for the Handling of Discrimination the Speaker appoints the following EC–1852. A communication from the Chief, Members of the House of Representa- Complaints under Section 519 of the Wendell Regulations Unit, Internal Revenue Service, H. Ford Aviation Investment and Reform tives to the United States Capitol Pres- Department of the Treasury, transmitting, Act for the 21st Century; Final Rule (1218– ervation Commission: Mr. YOUNG of pursuant to law, the report of rule entitled AB99)’’ received on April 1, 2003; to the Com- Florida and Mr. LATOURETTE of Ohio. ‘‘Diesel Fuel; Blended Taxable Fuel (TD mittee on Health, Education, Labor, and The message further announced that 9051)’’ received on April 2, 2003; to the Com- Pensions. pursuant to 40 U.S.C. 188a, the Minor- mittee on Finance. EC–1863. A communication from the Com- ity Leader appoints the following EC–1853. A communication from the Chief, missioner, Social Security Administration, Regulations Unit, Internal Revenue Service, transmitting, pursuant to law, the report of Members of the House of Representa- Department of the Treasury, transmitting, tives to the United States Capitol Pres- the Strategic Plan of the Social Security Ad- pursuant to law, the report of rule entitled ministration (SSA) for Fiscal Years 2003– ervation Commission for the 108th Con- ‘‘Information Reporting Requirements Under 2008; to the Committee on Finance. gress: Mr. FATTAH of Pennsylvania Section 60501 For Cash Transactions That In- EC–1864. A communication from the In- f volve The Rental Of Taxicabs For A Daily spector General, Department of Defense, Shift (Rev. Proc. 2003–27)’’ received on April transmitting, pursuant to law, the report ENROLLED BILLS SIGNED 2, 2003; to the Committee on Finance. relative to the Inspector General of the De- The message also announced that the EC–1854. A communication from the Chief, partment of Defense (DOD) annual assess- Regulations Unit, Internal Revenue Service, Speaker has signed the following en- ment of the DOD voting assistance program, Department of the Treasury, transmitting, received on April 1, 2003; to the Committee rolled bills pursuant to law, the report of rule entitled on Rules and Administration. H.R. 397. An act to reinstate and extend ‘‘Section 4945 Scholarship Grants by Em- EC–1865. A communication from the Ad- the deadline for commencement of construc- ployer-Related Private Foundation in Quali- ministrator, Rural Business-Cooperative tion of a hydroelectric project in the State of fied Disaster Context (Rev. Rul. 2003–32)’’ re- Service, Department of Agriculture, trans- Illinois. ceived on April 2, 2003; to the Committee on mitting, pursuant to law, the report of rule H.R. 672. An act to rename the Guam Finance. entitled ‘‘Methodlogy and Formulas for Allo- South Elementary /Middle School of the De- EC–1855. A communication from the Chief, cation of Loan and Grant Program Funds partment of Defense Domestic Dependents Regulations Unit, Internal Revenue Service, (RIN 0570–AA30)’’ received on April 7, 2003; to Elementary and Secondary Schools system Department of the Treasury, transmitting, the Committee on Agriculture, Nutrition, in honor of Navy Commander William pursuant to law, the report of rule entitled and Forestry. ‘‘Willie’’ McCool, who was the pilot of the ‘‘Tax-Exempt Bond Look Through (Rev. EC–1866. A communication from the Gen- Space Shuttle Columbia when it was trag- Proc. 2003–32)’’ received on April 2, 2003; to eral Counsel, Department of the Treasury, ically lost on February 1, 2003. the Committee on Finance. transmitting, pursuant to law, the report of

VerDate Jan 31 2003 03:04 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.051 S09PT1 S5058 CONGRESSIONAL RECORD — SENATE April 9, 2003 a Draft Bill that would repeal an existing By Mr. GRASSLEY, from the Committee me of the pertinent contributions made by statutory provision relating to the Depart- on Finance, with amendments: them. To the best of my knowledge, the in- ment of Agriculture’s Cushion of Credit Pay- S. 760. A bill to implement effective meas- formation contained in this report is comments Program, received on March 28, 2003; ures to stop trade in conflict diamonds, and plete and accurate. to the Committee on Agriculture, Nutrition, for other purposes (Rept. No. 108–36). Contributions, amount, date, donee: and Forestry. By Mr. INHOFE, from the Committee on No contributions were made by any family EC–1867. A communication from the Chair- Environment and Public Works, without members. man, Broadcasting Board of Governors, amendment: *Eric M. Javits, of New York, for the rank transmitting, pursuant to law, the report of H.R. 145. A bill to designate the Federal of Ambassador during his tenure of service as United States Representative to the Orga- proposed legislation to authorize appropria- building located at 290 Broadway in New nization for the Prohibition of Chemical tions for the Broadcasting Board of Gov- York, New York, as the ‘‘Ted Weiss Federal ernors for Fiscal Years 2004 and 2005, re- Weapons. Building’’. *John W. Snow, of Virginia, to be United ceived on April 4, 2003; to the Committee on H.R. 289. A bill to expand the boundaries of Foreign Relations. States Governor of the International Mone- the Ottawa National Wildlife Refuge Com- tary Fund for a term of five years; United EC–1868. A communication from the Assist- plex and the Detroit River International ant Secretary, Legislative Affairs, Depart- States Governor of the International Bank Wildlife Refuge. for Reconstruction and Development for a ment of Defense, transmitting, pursuant to S. 163. A bill to reauthorize the United law, the report of certification of a proposed term of five years; United States Governor of States Institute for Environmental Conflict the Inter-American Development Bank for a license for the export of major defense equip- Resolution, and for other purposes. ment and defense articles in the amount of term of five years; United States Governor of By Mr. LUGAR, from the Committee on the African Development Bank for a term of 25,000,000 or more to Greece, received on Foreign Relations, without amendment: March 28, 2003; to the Committee on Foreign five years; United States Governor of the S. 243. A bill concerning participation of Asian Development Bank; United States Relations. Taiwan in the World Health Organization. EC–1869. A communication from the Assist- Governor of the African Development Fund; By Mr. INHOFE, from the Committee on ant Secretary, Legislative Affairs, Depart- United States Governor of the European Environment and Public Works, without ment of Defense, transmitting, pursuant to Bank for Reconstruction and Development. amendment: law, the report of certification of a proposed Mr. LUGAR. Mr. President, for the S. 763. A bill to designate the Federal license for the export of major defense equip- building and United States courthouse lo- Committee on Foreign Relations I re- ment and defense articles in the amount of cated at 46 Ohio Street in Indianapolis, Indi- port favorably the following nomina- $50,000,000 or more to France, United King- ana, as the ‘‘Birch Bayh Federal Building tion list which was printed in the dom, Germany, Switzerland, Sweden, and and United States Courthouse’’. RECORD on the date indicated and ask Spain, received on March 28, 2003; to the By Mr. LUGAR, from the Committee on Committee on Foreign Relations. unanimous consent to save the expense EC–1870. A communication from the Assist- Foreign Relations, without amendment and of reprinting on the Executive Cal- ant Secretary, Legislative Affairs, Depart- with a preamble: endar that this nomination lie at the ment of Defense, transmitting, pursuant to S.J. Res. 3. A joint resolution expressing Secretary’s desk for the information of law, the report of certification of a proposed the sense of Congress with respect to human Senators. rights in Central Asia. license for the export of major defense equip- The PRESIDING OFFICER. Without ment and defense articles in the amount of f objection, it is so ordered. $100,000,000 or more to the United States, re- *Foreign Service nominations beginning ceived on March 28, 2003; to the Committee EXECUTIVE REPORTS OF COMMITTEES Louise Brandt Bigott and ending Kathleen on Foreign Relations. Hatch Allegrone, which nominations were re- EC–1871. A communication from the Assist- ceived by the Senate and appeared in the ant Secretary, Legislative Affairs, Depart- The following executive reports of committees were submitted: CONGRESSIONAL RECORD on February 25, 2003. ment of Defense, transmitting, pursuant to By Mr. INHOFE for the Committee on En- By Mr. LUGAR for the Committee on For- law, the report of certification of a proposed vironment and Public Works. license for the export of major defense equip- eign Relations: Richard W. Moore, of Alabama, to be In- ment and defense articles in the amount of *Lino Gutierrez, of Florida, a Career Mem- spector General, Tennessee Valley Author- 1,000,000 or more to Greece, received on ber of the Senior Foreign Service, Class of ity. March 28, 2003; to the Committee on Foreign Minister-Counselor, to be Ambassador Ex- *John Paul Woodley, Jr., of Virginia, to be Relations. traordinary and Plenipotentiary of the an Assistant Secretary of the Army. EC–1872. A communication from the Assist- United States of America to Argentina. *Ricky Dale James, of Missouri, to be a ant Secretary, Legislative Affairs, Depart- Nominee: Lino Gutierrez. Member of the Mississippi River Commission ment of Defense, transmitting, pursuant to Post: Argentina. for a term of nine years. law, the report of certification of a proposed The following is a list of all members of *Rear Adm. Nicholas Augustus Prahl, Na- manufacturing license for the manufacture my immediate family and their spouses. I tional Oceanic and Atmospheric Administra- of significant military equipment abroad to have asked each of these persons to inform tion, to be a Member of the Mississippi River Germany, received on March 28, 2003; to the me of the pertinent contributions made by Commission, under the provisions of Section Committee on Foreign Relations. them. To the best of my knowledge, the in- 2 of an Act of Congress, approved 28 June 1879 EC–1873. A communication from the Assist- formation contained in this report is com- (21 Stat. 37) (22 USC 642). ant Secretary, Legislative Affairs, Depart- plete and accurate. *Herbert Guenther, of Arizona, to be a ment of Defense, transmitting, pursuant to Contributions, amount, date, donee: Member of the Board of Trustees of the Mor- law, the report of certification of a proposed 1. Self, none. ris K. Udall Scholarship and Excellence in manufacturing license for the manufacture 2. Spouse, none. National Environment Policy Foundation for of significant military equipment abroad to 3. Children: a term two years. Jordan, received on March 28, 2003; to the Susana Gutierrez, none. *Bradley Udall, of Colorado, to be a Mem- Committee on Foreign Relations. Alicia Tio-Messina, none. ber of the Board of Trustees of the Morris K. EC–1874. A communication from the Assist- Diana Gutierrez, none. Udall Scholarship and Excellence in Na- ant Secretary, Legislative Affairs, Depart- 4. Parents: tional Environmental Policy Foundation. *Malcolm B. Bowekaty, of New Mexico, to ment of Defense, transmitting, pursuant to Maria Gutierrez-Novoa, none. be a Member of the Board of Trustees of the law, the report on the Country Reports on Lino Gutierrez-Novoa, deceased. Morris K. Udall Scholarship and Excellence Human Rights Practices for 2002, received on 5. Grandparents: in National Environmental Policy Founda- March 31, 2003; to the Committee on Foreign Lino Gutierrez Alea, deceased. tion. Relations. Eugenia Novoa, deceased. EC–1875. A communication from the Assist- *Richard Narcia, of Arizona, to be a Mem- Luis Fernandez, deceased. ber of the Board of Trustees of the Morris K. ant Legal Adviser for Treaty Affairs, Depart- Etelvina Caubi, deceased. ment of State, transmitting, pursuant to Udall Scholarship and Excellence in Na- tional Environmental Policy Foundation. law, the report relative to international *Roland W. Bullen, of Virginia, a Career agreements other than treaties entered into *Robert Boldrey, of Michigan, to be a Member of the Senior Foreign Service, Class Member of the Board of Trustees of the Mor- by the United States under the Case-Za- of Minister-Counselor, to be Ambassador Ex- ris K. Udall Scholarship and Excellence in blocki Act with Portugal, Israel, Cape Verde, traordinary and Plenipotentiary of the National Environmental Policy Foundation. received on April 1, 2003; to the Committee United States of America to the Co-operative *Nomination was reported with recon Foreign Relations. Republic of Guyana. f Nominee: Roland Wentworth Bullen. ommendation that it be confirmed subject to the nominee’s commitment to REPORTS OF COMMITTEES Post: Guyana. The following is a list of all members of respond to requests to appear and tes- The following reports of committees my immediate family and their spouses. I tify before any duly constituted com- were submitted: have asked each of these persons to inform mittee of the Senate.

VerDate Jan 31 2003 03:04 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.055 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5059 INTRODUCTION OF BILLS AND By Mr. ROCKEFELLER: By Mr. SMITH (for himself, Mrs. CLIN- JOINT RESOLUTIONS S. 836. A bill to amend title 38, United TON, Ms. COLLINS, Mr. BINGAMAN, Ms. States Code, to extend by five years the pe- CANTWELL, Mr. CORZINE, Mrs. FEIN- The following bills and joint resolu- riod for the provision by the Secretary of STEIN, Ms. LANDRIEU, Mrs. MURRAY, tions were introduced, read the first Veterans Affairs of noninstitutional ex- and Mr. WYDEN): and second times by unanimous con- tended care services and required nursing S. 847. A bill to amend title XIX of the So- sent, and referred as indicated: home care; to the Committee on Veterans’ cial Security Act to permit States the option Affairs. to provide medicaid coverage for low income By Mr. LEAHY (for himself, Mr. KEN- By Mr. BROWNBACK (for himself, Mr. individuals infected with HIV; to the Com- NEDY, and Mr. BIDEN): MILLER, Mr. ALEXANDER, Mr. AL- S. 826. A bill to amend the Violence mittee on Finance. LARD, Mr. ALLEN, Mr. CORNYN, Mr. Against Women Act of 1994 to provide for By Mr. HATCH: ENSIGN, Mr. ENZI, Mr. FITZGERALD, transitional housing assistance grants for S. 848. A bill for the relief of Daniel King Mr. GRAHAM of South Carolina, Mr. child victims of domestic violence; to the Cairo; to the Committee on the Judiciary. INHOFE, Mr. SANTORUM, Mr. THOMAS, Committee on the Judiciary. By Mr. McCAIN (for himself and Mr. and Mr. BUNNING): By Mr. SARBANES (for himself, Ms. KYL): S. 837. A bill to establish a commission to S. 849. A bill to provide for a land exchange MIKULSKI, Mr. WARNER, Mr. ALLEN, conduct a comprehensive review of Federal in the State of Arizona between the Sec- and Mr. SPECTER): agencies and programs and to recommend retary of Agriculture and Yavapai Ranch S. 827. A bill to amend the Federal Water the elimination or realignment of duplica- Pollution Control Act to provide assistance Limited Partnership; to the Committee on tive, wasteful, or outdated functions, and for Energy and Natural Resources. for nutrient removal technologies to States other purposes; to the Committee on Govern- in the Chesapeake Bay watershed; to the mental Affairs. f Committee on Environment and Public By Ms. COLLINS (for herself, Mr. CAR- SUBMISSION OF CONCURRENT AND Works. PER, and Mr. DURBIN): SENATE RESOLUTIONS By Mr. SARBANES (for himself, Mr. S. 838. A bill to waive the limitation on the WARNER, Mr. ALLEN, and Ms. MIKUL- use of funds appropriated for the Homeland The following concurrent resolutions SKI): Security Grant Program; to the Committee and Senate resolutions were read, and S. 828. A bill to amend the Elementary and on Governmental Affairs. referred (or acted upon), as indicated: Secondary Education Act of 1965 to establish By Ms. SNOWE (for herself and Ms. By Mr. HATCH: a pilot program to make grants to eligible COLLINS): S. Res. 111. A resolution designating April institutions to develop, demonstrate, or dis- S. 839. A bill for the relief of Nancy B. Wil- 30, 2003, as ‘‘Dia de los Ninos: Celebrating seminate information on practices, methods, son; to the Committee on Finance. Young Americans’’, and for other purposes; or techniques relating to environmental edu- By Mr. REID (for himself, Mr. BEN- to the Committee on the Judiciary. cation and training in the Chesapeake Bay NETT, Mr. ENSIGN, and Mr. HATCH): By Ms. MURKOWSKI (for herself, Mr. watershed; to the Committee on Health, S. 840. A bill to establish the Great Basin AKAKA, Mr. BIDEN, Mr. DEWINE, Mr. Education, Labor, and Pensions. National Heritage Route in the States of Ne- JOHNSON, Mr. BAYH, Mr. BAUCUS, Mr. By Mr. SARBANES (for himself, Mr. vada and Utah; to the Committee on Energy BROWNBACK, Mr. BUNNING, Mr. CAMP- WARNER, Mr. ALLEN, Ms. MIKULSKI, and Natural Resources. BELL, Mrs. CLINTON, Mr. COCHRAN, and Mr. SPECTER): By Mr. HARKIN (for himself, Ms. MI- Ms. COLLINS, Mr. DOMENICI, Mr. DUR- S. 829. A bill to reauthorize and improve KULSKI, Mr. KENNEDY, Mrs. BOXER, BIN, Mr. KENNEDY, Ms. LANDRIEU, Mr. the Chesapeake Bay Environmental Restora- Mr. AKAKA, Mr. LEAHY, Mrs. MURRAY, LUGAR, Ms. MIKULSKI, Mrs. MURRAY, tion and Protection Program; to the Com- Mr. FEINGOLD, and Mr. DURBIN): and Mr. STEVENS): mittee on Environment and Public Works. S. 841. A bill to amend the Fair Labor S. Res. 112. A resolution designating April By Mr. SARBANES (for himself, Mr. Standards Act of 1938 to prohibit discrimina- 11th, 2003, as ‘‘National Youth Service Day’’, WARNER, Mr. ALLEN, and Ms. MIKUL- tion in the payment of wages on account of and for other purposes; considered and SKI): sex, race, or national origin, and for other agreed to. S. 830. A bill to require the Secretary of purposes; to the Committee on Health, Edu- By Mr. DODD (for himself and Mr. Agriculture to establish a program to expand cation, Labor, and Pensions. LIEBERMAN): and strengthen cooperative efforts to restore By Mr. KERRY: S. Res. 113. A resolution commending the and protect forests in the Chesapeake bay S. 842. A bill to amend the Internal Rev- Huskies of the University of Connecticut for watershed, and for other purposes; to the enue Code of 1986 to provide tax relief for winning the 2003 NCAA Division I Women’s Committee on Agriculture, Nutrition, and small businesses, and for other purposes; to the Committee on Finance. Basketball Championship; considered and Forestry. By Mr. CARPER (for himself, Mr. agreed to. By Mr. SARBANES (for himself, Mr. CHAFEE, and Mr. GREGG): By Mr. DAYTON (for himself, Mr. WARNER, Mr. ALLEN, and Ms. MIKUL- S. 843. A bill to amend the Clean Air Act to COLEMAN, and Mrs. DOLE): SKI): establish a national uniform multiple air S. Res. 114. A resolution honoring the life S. 831. A bill to establish programs to en- pollutant regulatory program for the electric of NBC Reporter David Bloom, and express- hance protection of the Chesapeake Bay, and generating sector; to the Committee on En- ing the deepest condolences of the Senate to for other purposes; to the Committee on vironment and Public Works. his family on his death; considered and Commerce, Science, and Transportation. By Mr. CRAPO (for himself, Ms. MUR- agreed to. By Mr. GRASSLEY: KOWSKI, Mr. ENZI, Mr. ALLARD, Mr. By Mr. SCHUMER (for himself, Mrs. S. 832. A bill to provide that bonuses and KYL, and Mr. CRAIG): CLINTON, and Mr. BIDEN): other extraordinary or excessive compensa- S. 844. A bill to subject the United States S. Res. 115. A resolution congratulating the tion of corporate insiders and wrongdoers to imposition of fees and costs in proceedings Syracuse University men’s basketball team may be included in the bankruptcy estate; to relating to State water rights adjudications; for winning the 2003 NCAA Division I men’s the Committee on the Judiciary. to the Committee on the Judiciary. basketball national championship; consid- By Mr. ALLARD: By Mr. GRAHAM of Florida (for him- ered and agreed to. S. 833. A bill to increase the penalties to be self, Mr. CHAFEE, Mr. MCCAIN, Mr. By Mr. DEWINE (for himself and Mr. imposed for a violation of fire regulations DASCHLE, Mr. JEFFORDS, Mr. BINGA- VOINOVICH): applicable to the public lands, National MAN , Mrs. LINCOLN, Ms. COLLINS, Mr. S. Res. 116. A resolution commemorating Parks System lands, or National Forest Sys- KENNEDY, Mrs. FEINSTEIN, Mr. the life, achievements, and contributions of tem lands when the violation results in dam- CORZINE, Mr. LEVIN, Mr. SARBANES , Al Lerner; to the Committee on the Judici- age to public or private property, to specify Mr. DODD, Ms. LANDRIEU, Mrs. BOXER, ary. the purpose for which collected fines may be Mr. KERRY , and Mr. NELSON of Flor- f used, and for other purposes; to the Com- ida): mittee on Energy and Natural Resources. S. 845. A bill to amend titles XIX and XXI ADDITIONAL COSPONSORS By Ms. LANDRIEU: of the Social Security Act to provide States S. 834. A bill for the relief of Tanya Andrea with the option to cover certain legal immi- S. 15 Goudeau; to the Committee on the Judici- grants under the medicaid and State chil- At the request of Mr. GREGG, the ary. dren’s health insurance programs; to the name of the Senator from Illinois (Mr. By Ms. LANDRIEU: Committee on Finance. FITZGERALD) was added as a cosponsor S. 835. A bill to amend the Higher Edu- By Mr. SMITH (for himself and Mrs. of S. 15, a bill to amend the Public cation Act of 1965 to provide student loan LINCOLN): Health Service Act to provide for the borrowers with a choice of lender for loan S. 846. A bill to amend the Internal Rev- consolidation, to provide notice regarding enue Code of 1986 to allow a deduction for payment of compensation for certain loan consolidation, and for other purposes; premiums on mortgage insurance, and for individuals with injuries resulting from to the Committee on Health, Education, other purposes; to the Committee on Fi- the administration of smallpox coun- Labor, and Pensions. nance. termeasures, to provide protections

VerDate Jan 31 2003 03:04 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.056 S09PT1 S5060 CONGRESSIONAL RECORD — SENATE April 9, 2003 and countermeasures against chemical, mometers and improving the collection (Mr. CAMPBELL), the Senator from Vir- radiological, or nuclear agents that and proper management of mercury, ginia (Mr. ALLEN) and the Senator may be used in a terrorist attack and for other purposes. from Alaska (Mr. STEVENS) were added against the United States, and to im- S. 634 as cosponsors of S. 780, a bill to award prove immunization rates by increas- At the request of Mr. HATCH, the a congressional gold medal to Chief ing the distribution of vaccines and im- name of the Senator from Colorado Phillip Martin of the Mississippi Band proving and clarifying the vaccine in- (Mr. ALLARD) was added as a cosponsor of Choctaw Indians. jury compensation program. of S. 634, a bill to amend the National S. 796 S. 68 Trails System Act to direct the Sec- At the request of Ms. COLLINS, the At the request of Mr. INOUYE, the retary of the Interior to carry out a names of the Senator from Connecticut name of the Senator from Maryland study on the feasibility of designating (Mr. LIEBERMAN) and the Senator from (Mr. SARBANES) was added as a cospon- the Trail of the Ancients as a national Illinois (Mr. DURBIN) were added as co- sor of S. 68, a bill to amend title 38, historic trail. sponsors of S. 796, a bill to provide for United States Code, to improve bene- S. 664 the appointment of a Director of State fits for Filipino veterans of World War At the request of Mr. GRASSLEY, the and Local Government Coordination II, and for other purposes. name of the Senator from New Jersey within the Department of Homeland (Mr. CORZINE) was added as a cosponsor S. 196 Security and to transfer the Office for of S. 664, a bill to amend the Internal At the request of Mr. ALLEN, the Domestic Preparedness to the Office of Revenue Code of 1986 to permanently the Secretary of Homeland Security. names of the Senator from South Da- extend the research credit, to increase kota (Mr. DASCHLE) and the Senator S. 805 the rates of the alternative incre- At the request of Mr. LEAHY, the from New Mexico (Mr. BINGAMAN) were mental credit, and to provide an alter- added as cosponsors of S. 196, a bill to name of the Senator from South Da- native simplified credit for qualified kota (Mr. JOHNSON) was added as a co- establish a digital and wireless net- research expenses. work technology program, and for sponsor of S. 805, a bill to enhance the S. 678 other purposes. rights of crime victims, to establish At the request of Mr. AKAKA, the S. 215 grants for local governments to assist name of the Senator from Connecticut crime victims, and for other purposes. At the request of Mrs. FEINSTEIN, the (Mr. LIEBERMAN) was added as a co- S. 811 name of the Senator from Oregon (Mr. sponsor of S. 678, a bill to amend chap- At the request of Mr. ALLARD, the SMITH) was added as a cosponsor of S. ter 10 of title 39, United States Code, to name of the Senator from Idaho (Mr. 215, a bill to authorize funding assist- include postmasters and postmasters CRAPO) was added as a cosponsor of S. ance for the States for the discharge of organizations in the process for the de- 811, a bill to support certain housing homeland security activities by the velopment and planning of certain poli- proposals in the fiscal year 2003 budget National Guard. cies, schedules, and programs, and for for the Federal Government, including S. 243 other purposes. the downpayment assistance initiative At the request of Mr. LUGAR, the S. 703 under the HOME Investment Partner- name of the Senator from West Vir- At the request of Mr. HAGEL, the ship Act, and for other purposes. ginia (Mr. ROCKEFELLER) was added as names of the Senator from Indiana S. 816 a cosponsor of S. 243, a bill concerning (Mr. LUGAR), the Senator from New At the request of Mr. CONRAD, the participation of Taiwan in the World Mexico (Mr. DOMENICI), the Senator name of the Senator from Vermont Health Organization. from Hawaii (Mr. INOUYE), the Senator (Mr. LEAHY) was added as a cosponsor from Delaware (Mr. BIDEN) and the S. 243 of S. 816, a bill to amend title XVIII of Senator from Vermont (Mr. JEFFORDS) At the request of Mr. ALLEN, the the Social Security Act to protect and name of the Senator from Ohio (Mr. were added as cosponsors of S. 703, a bill to designate the regional head- preserve access of medicare bene- VOINOVICH) was added as a cosponsor of ficiaries to health care provided by S. 243, supra. quarters building for the National Park Service under construction in Omaha, hospitals in rural areas, and for other S. 317 Nebraska, as the ‘‘Carl T. Curtis Na- purposes. At the request of Mr. GREGG, the tional Park Service Midwest Regional S. 822 name of the Senator from South Caro- Headquarters Building’’. At the request of Mr. KERRY, the lina (Mr. GRAHAM) was added as a co- S. 726 name of the Senator from Indiana (Mr. sponsor of S. 317, a bill to amend the At the request of Ms. STABENOW, the BAYH) was added as a cosponsor of S. Fair Labor Standards Act of 1938 to name of the Senator from Massachu- 822, a bill to create a 3-year pilot pro- provide to private sector employees the setts (Mr. KERRY) was added as a co- gram that makes small, non-profit same opportunities for time-and-a-half sponsor of S. 726, a bill to treat the child care businesses eligible for SBA compensatory time off, biweekly work Tuesday next after the first Monday in 504 loans. programs, and flexible credit hour pro- November as a legal public holiday for S. 823 grams as Federal employees currently purposes of Federal employment, and At the request of Mr. SANTORUM, the enjoy to help balance the demands and for other purposes. name of the Senator from Oregon (Mr. needs for work and family, and for S. 758 SMITH) was added as a cosponsor of S. other purposes. At the request of Mr. LIEBERMAN, the 823, a bill to amend title XVIII of the S. 538 names of the Senator from Mississippi Social Security Act to provide for the At the request of Mrs. CLINTON, the (Mr. COCHRAN) and the Senator from expeditious coverage of new medical name of the Senator from Nebraska California (Mrs. FEINSTEIN) were added technology under the medicare pro- (Mr. NELSON) was added as a cosponsor as cosponsors of S. 758, a bill to amend gram, and for other purposes. of S. 538, a bill to amend the Public the Internal Revenue Code of 1986 to S. 825 Health Service Act to establish a pro- allow a credit against income tax for At the request of Mr. HARKIN, the gram to assist family caregivers in ac- certain energy-efficient property. name of the Senator from Connecticut cessing affordable and high-quality res- S. 760 (Mr. DODD) was added as a cosponsor of pite care, and for other purposes. At the request of Mr. GRASSLEY, the S. 825, a bill to amend the Employee S. 616 name of the Senator from Maryland Retirement Income Security Act of At the request of Ms. COLLINS, the (Ms. MIKULSKI) was added as a cospon- 1974 and the Internal Revenue Code of name of the Senator from Oregon (Mr. sor of S. 760, a bill to implement effec- 1986 to protect pension benefits of em- WYDEN) was added as a cosponsor of S. tive measures to stop trade in conflict ployees in defined benefit plans and to 616, a bill to amend the Solid Waste diamonds, and for other purposes. direct the Secretary of the Treasury to Disposal Act to reduce the quantity of S. 780 enforce the age discrimination require- mercury in the environment by lim- At the request of Mr. LOTT, the ments of the Internal Revenue Code iting the use of mercury fever ther- names of the Senator from Colorado 1986.

VerDate Jan 31 2003 03:04 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.057 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5061 S.J. RES. 1 50 percent of homeless individuals are domestic violence a safe place to gain At the request of Mr. KYL, the name women and children fleeing domestic the skills and stability needed to make of the Senator from Texas (Mr. violence. More than half the cities sur- the transition to independence. This is CORNYN) was added as a cosponsor of veyed by the U.S. Conference of Mayors an important component of reducing S.J. Res. 1, a joint resolution proposing in 2000 cited domestic violence as a pri- and preventing crimes that take place an amendment to the Constitution of mary cause of homelessness. The in domestic situations, ranging from the United States to protect the rights women and children who leave their assault and child abuse to homicide, of crime victims. abusers tend to have few, if any, funds and helping the victims of these S.J. RES. 8 with which they can support them- crimes. At the request of Mr. BROWNBACK, the selves. Shelters offer short-term assist- I am please that our bill will be in- name of the Senator from Kentucky ance, but are overcrowded and unable cluded in the conference report on the (Mr. BUNNING) was added as a cosponsor to provide the support needed. Transi- PROTECT Act, S. 151. I thank the con- of S.J. Res. 8, a joint resolution ex- tional housing allows women to bridge ferees for including in the conference pressing the sense of Congress with re- the gap between leaving a domestic vi- agreement this language for a grant spect to raising awareness and encour- olence situation and becoming fully program that will supply to victims aging prevention of sexual assault in self-sufficient, but such assistance is fleeing domestic violence situations the United States and supporting the limited because there is currently no tangible means by which they may goals and ideals of National Sexual As- Federal funding for transitional hous- move on with their lives. sault Awareness and Prevention ing specifically for those victims. I ask unanimous consent that a sec- Month. If we truly seek an end to domestic tion by section analysis of this bill be violence, then transitional housing ECORD S. CON. RES. 7 printed in the R . must be available to all those fleeing There being no objection, the addi- At the request of Mr. CAMPBELL, the domestic abuse. The stable, sustainable tional materials were ordered to be name of the Senator from Virginia (Mr. home base for women and their chil- printed in the RECORD, as follows: ALLEN) was added as a cosponsor of S. dren found in transitional housing al- Con. Res. 7, a concurrent resolution ex- A BILL TO AMEND THE VIOLENCE AGAINST lows women the opportunities to learn WOMEN ACT OF 1994 TO PROVIDE FOR TRAN- pressing the sense of Congress that the new job skills, participate in edu- SITIONAL HOUSING ASSISTANCE GRANTS FOR sharp escalation of anti-Semitic vio- cational programs, work full-time jobs, CHILD VICTIMS OF DOMESTIC VIOLENCE— lence within many participating States and search for adequate child care in SECTION-BY-SECTION ANALYSIS of the Organization for Security and order to gain self-sufficiency. Without SECTION 1. TRANSITIONAL HOUSING ASSISTANCE Cooperation in Europe (OSCE) is of such resources, many women eventu- GRANTS FOR CHILD VICTIMS OF DOMESTIC VIO- profound concern and efforts should be LENCE, STALKING, OR SEXUAL ASSAULT. ally return to situations where they undertaken to prevent future occur- are abused and even killed. This cycle This section amends Subtitle B of the Vio- rences. lence Against Women Act of 1994 (42 U.S.C. of domestic abuse must end, and tran- S. CON. RES. 31 13701 note; 108 Stat. 1925) to include a new sitional housing assistance is one of Chapter 11—Transitional Housing Assistance At the request of Mr. LIEBERMAN, the the tools we can use to end it. Grants for Child Victims of Domestic Vio- names of the Senator from Oregon (Mr. A transitional housing grant pro- lence, Stalking, or Sexual Assault. SMITH), the Senator from Nebraska gram was last authorized for only one Subsection (a) of this section authorizes (Mr. HAGEL), the Senator from New year as part of the reauthorization of the Attorney General, acting in consultation Mexico (Mr. DOMENICI), the Senator the Violence Against Women Act in with the Director of Violence Against from Georgia (Mr. MILLER), the Sen- 2000. This program would have been ad- Women Office of the Department of Justice, ator from Virginia (Mr. ALLEN) and the in consultation with the Secretary of Hous- ministered through the Department of ing and Urban Development and the Sec- Senator from Maine (Ms. SNOWE) were Health and Human Services and pro- retary of Health and Human Services, to added as cosponsors of S. Con. Res. 31, vided $25 million in fiscal year 2001. Un- award grants to organizations, States, units a concurrent resolution expressing the fortunately, funds were never appro- of local government, and Indian tribes to outrage of Congress at the treatment priated for the program, and the au- carry out programs to provide assistance to of certain American prisoners of war thorization has now expired. minors, adults, and their dependents who are by the Government of Iraq. The grant program established in the homeless or in need of transitional housing S. CON. RES. 31 bill I introduce today with Senators or related assistance as a result of fleeing a situation of domestic violence, and for whom At the request of Mr. CORNYN, his KENNEDY and BIDEN would establish a emergency shelter services or other crisis name was added as a cosponsor of S. new Department of Justice grant pro- intervention services are unavailable or in- Con. Res. 31, supra. gram that authorizes the Attorney sufficient. f General, acting in consultation with Subsection (b) provides that the grants the Director of the Violence Against awarded may be used for programs that pro- STATEMENTS ON INTRODUCED Women Office of the Department of vide short-term housing assistance, which BILLS AND JOINT RESOLUTIONS Justice, in consultation with the Sec- includes rental or utilities payments assist- By Mr. LEAHY (for himself, Mr. retary of Housing and Urban Develop- ance and assistance with related expenses such as payment of security deposits and KENNEDY, and Mr. BIDEN): ment and the Secretary of Health and other costs incidental to relocation to tran- S. 826. A bill to amend the Violence Human Services. This program would sitional housing for minors, adults and their Against Women Act of 1994 to provide have the benefit of a wide range of ex- dependents. Grants will also be available for for transitional housing assistance pertise in the three departments, and support services designed to help those flee- grants for child victims of domestic vi- has enormous potential to improve ing a situation of domestic violence to locate olence; to the Committee on the Judi- people’s lives. It would authorize $30 and secure permanent housing, as well as in- ciary. million in DOJ transitional housing tegrate into a community by providing with Mr. LEAHY. Mr. President, I rise grants for each of the fiscal years 2004 services, such as transportation, counseling, today to introduce legislation that will through 2008. child care services, case management, employment counseling, and other assistance. provide much-needed grants for transi- This new grant program adminis- Subsection (c) states that a minor, an tional housing services to victims of tered through DOJ will make a big im- adult, or a dependent who receives assistance domestic violence who are brave pact in many areas of the country under this section may receive that assist- enough to leave an abusive situation where availability of affordable hous- ance for not more than 18 months. The re- and seek a new life of safety and freeing is at an all-time low. There are cipient of a grant under this section may dom. I am pleased that Senators KEN- many dedicated people working to pro- waive the time restriction for not more than NEDY and BIDEN join me as original co- vide victims of domestic violence with an additional 6 month period with respect to sponsors of this important legislation. resources, such as Rose Pulliam of the any minor, adult, or dependent, so long as he or she has made a good-faith effort to ac- I witnessed the devastating effects of Vermont Network Against Domestic quire permanent housing; and has been un- domestic violence early in my career Violence and Sexual Assault, but they able to acquire permanent housing. as the Vermont State’s Attorney for can not work alone. We should all be Subsection (d) specifies the application Chittenden County. Today, more than concerned with providing victims of process for transitional housing grants. Each

VerDate Jan 31 2003 03:04 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.058 S09PT1 S5062 CONGRESSIONAL RECORD — SENATE April 9, 2003 eligible entity desiring such grants shall sub- mental Restoration and Protection shad, white perch, crabs—which are in- mit an application to the Attorney General Program; to the Committee on Envi- dicators of the Bay’s health, are still in at such time, in such manner, and accom- ronment and Public Works. decline. Toxic chemicals are still panied by such information as the Attorney present in the Bay’s surface and bot- General may reasonably require. Each appli- By Mr. SARBANES (for himself, cation shall describe the activities for which tom waters, having untold impacts on Mr. WARNER, Mr. ALLEN, and assistance under this section is sought; and water quality and wildlife. A recent Ms. MIKULSKI): provide such additional assurances as the At- analysis undertaken by the Chesapeake S. 830. A bill to require the Secretary torney General determines to be essential to Bay Commission estimates that the of Agriculture to establish a program ensure compliance with the requirements of costs to clean the Bay and achieve the the grant program. to expand and strengthen cooperative Subsection (e) states that a recipient of a efforts to restore and protect forests in goals of the Chesapeake 2000 agreement Justice Department transitional housing the Chesapeake Bay watershed, and for over the course of the next seven years grant must annually prepare and submit to other purposes; to the Committee on will exceed projected income by nearly the Attorney General a report describing the Agriculture, Nutrition, and Forestry. $13 billion. Pollution from all sources number of minors, adults, and dependents as- will have to be further reduced, thou- sisted, and the types of housing assistance and support services provided. By Mr. SARBANES (for himself, sands of acres of watershed property Subsection (f) provides that the Attorney Mr. WARNER, Mr. ALLEN, and must be preserved, significant efforts General, with the Director of the Violence Ms. MIKULSKI): must be made to restore living re- Against Women Office, must also annually S. 831. A bill to establish programs to sources, buffer zones to protect rivers prepare and submit to the Committee on the enhance protection of the Chesapeake and streams need to be created, edu- Judiciary of the House of Representatives Bay, and for other purposes; to the cation and stewardship efforts must be and the Committee on the Judiciary of the Committee on Commerce, Science, and dramatically expanded. Senate a report that contains a compilation Transportation. of the information contained in the report While $13 billion seems like an enor- submitted by grant recipients. Copies of this Mr. SARBANES. Mr. President, today I am introducing a package of mous sum, we should remember that report will also be transmitted to the Office the health of the Chesapeake Bay is of Community Planning and Development at five measures to sustain and, indeed, the United States Department of Housing renew the Federal commitment to revital not only to the more than 15 mil- and Urban Development and the Office of storing the water quality and living re- lion people who live in the watershed, Women’s Health at the United States De- sources of the Chesapeake Bay water- but to the Nation. It is one of our Na- partment of Health and Human Services. shed. Joining me in sponsoring one or tion’s and the world’s greatest natural Subsection (g) authorizes that there be ap- more of these measures are my col- resources covering 64,000 square miles propriated to carry out the Department of within six States. It is a world-class Justice transitional housing grant program leagues from Virginia, Pennsylvania, $30,000,000 for each of the fiscal years 2004 and Maryland, Senators WARNER, fishery that still produces a significant through 2008. Of the amount made available ALLEN, MIKULSKI and SPECTER. portion of the finfish and shellfish to carry out this section in any fiscal year, This year marks the 20th anniversary catch in the United States. It provides not more than 3 percent may be used by the of the Chesapeake Bay Agreement, the vital habitat for living resources, in- Attorney General for salaries and adminis- historic Federal-State compact that cluding more than 3600 species of trative expenses. States, together with the launched the Chesapeake Bay restora- plants, fish and animals. It is a major grantees within the State (other than Indian tion effort. Over the past two decades, resting area for migratory waterfowls tribes), shall be allocated in each fiscal year, we have made important progress both not less than 0.75 percent of the total and birds along the Atlantic including amount appropriated in the fiscal year for in putting in place the comprehensive, many endangered and threatened spe- grants for transitional housing. The United coordinated Federal-State-local and cies. It is also a one-of-a-kind rec- States Virgin Islands, American Samoa, private sector management structure reational asset enjoyed by millions of Guam, and the Northern Mariana Islands to guide the program and in specific people, a major commercial waterway shall each be allocated not less than 0.25 per- initiatives to address key problems in and shipping center for much of the cent of the total amount appropriated in the the watershed. Three subsequent agree- eastern United States, and provides fiscal year for grants pursuant to this sec- ments were signed in 1987, in 1992 and tion. jobs for thousands of people. In short, in 2000, respectively, setting specific the Chesapeake Bay is a magnificent, goals and action plans to restore the By Mr. SARBANES (for himself, multifaceted resource worthy of the Chesapeake watershed. There are today Ms. MIKULSKI, Mr. WARNER, Mr. highest levels of protection and res- over 700 groups and some 40 commit- ALLEN, and Mr. SPECTER): toration. S. 827. A bill to amend the Federal tees involved in the Bay Program. The five measures that we are intro- Water Pollution Control Act to provide More than twenty-five Federal agen- assistance for nutrient removal tech- cies are partnering with EPA and the ducing today are intended to help ad- nologies to States in the Chesapeake Bay area States and there are numer- dress some of the highest priority Bay watershed; to the Committee on ous State agencies, local governmental needs in the watershed and provide a Environment and Public Works. organizations and citizen groups ac- Federal blueprint for restoring the Bay tively engaged in the restoration ef- in the years ahead. I want to address By Mr. SARBANES (for himself, forts. The level of public support and each of these measures briefly. Mr. WARNER, Mr. ALLEN, and the degree of cooperation and coordina- The first measure, the Chesapeake tion among all parties is unparalleled. Ms. MIKULSKI): Bay Watershed Nutrient Removal As- Despite these efforts, the job of re- S. 828. A bill to amend the Elemen- sistance Act, would establish a grants storing the Chesapeake to levels of tary and Secondary Education Act of program in the Environmental Protec- 1965 to establish a pilot program to quality and productivity that existed earlier in this century is far from com- tion Agency to support the installation make grants to eligible institutions to of nutrient reduction technologies at develop, demonstrate, or disseminate plete. In its latest report card issued in major wastewater treatment facilities information on practices, methods, or November, 2002, the Chesapeake Bay in the Chesapeake Bay watershed. I techniques relating to environmental Foundation gave the Chesapeake Bay a first introduced this measure during education and training in the Chesa- score of 27 out of 100—far short of the peake Bay watershed; to the Com- ‘‘70’’ level believed necessary for the the 107th Congress and provisions of mittee on Health, Education, Labor, Bay to be declared ‘‘saved.’’ The index the legislation were included as part of and Pensions. underscores the continuing serious S. 1961, the Water Investment Act of challenges facing the Bay. Nitrogen 2002, reported favorably by the Senate By Mr. SARBANES (for himself, pollution from farms and city streets, Environment and Public Works Com- Mr. WARNER, Mr. ALLEN, Ms. sewage treatment plants, and air depo- mittee. Unfortunately, no further ac- MIKULSKI, and Mr. SPECTER): sition, among other so-called non-point tion was taken on that legislation. De- S. 829. A bill to reauthorize and im- sources, continue to overload the Bay. spite important water quality improve- prove the Chesapeake Bay Environ- Many of the living resources—oysters, ments over the past decade, nutrient

VerDate Jan 31 2003 04:10 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.071 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5063 over-enrichment remains the most se- panding environmental education and This legislation increases the author- rious pollution problem facing the Bay. training opportunities will lead not ization for this program from $10 mil- The overabundance of the nutrients ni- only to a healthier Chesapeake Bay lion to $30 million. Consistent with all trogen and phosphorous continues to ecosystem, but a more educated and in- other environmental restoration au- rob the Bay of life sustaining oxygen. formed citizenry, with a deeper under- thorities of the Corps of Engineers, it Recent modeling of EPA’s Bay Pro- standing and appreciation for the envi- enables States and local governments gram has found that total nutrient dis- ronment, their community and their to provide all or any portion of the 25 charges must be reduced by more than role in society as responsible citizens. percent non-Federal share required in 35 percent from current levels to re- One of the principal commitments of the form of in-kind services. It also es- store the Chesapeake Bay and its the Chesapeake 2000 Agreement, is to tablishes a new small-grants program major tributaries to health. To do so, ‘‘provide a meaningful Bay or stream for local governments and nonprofit or- nitrogen discharges from all sources outdoor experience for every school ganizations to carry out small-scale must be reduced drastically below cur- student in the watershed before grad- restoration and protection projects in rent levels. Annual nitrogen discharges uation from high school’’ beginning the Chesapeake Bay watershed. The into the Bay will need to be cut by at with the class of 2005. Despite impor- program would be administered by the least 110 million pounds from the cur- tant efforts by Bay area states and not- National Fish and Wildlife Foundation rent 300 million pounds to less than 190 for-profit organizations, only a very which has extensive experience and ex- million pounds. Municipal wastewater small percentage of the more than 3.3 pertise in managing these kinds of treatment plants, in particular, will million K–12 students in the watershed grants for other Federal agencies. Ten have to reduce nitrogen discharges by have had the opportunity to engage in percent of the funds appropriated each nearly 75 percent. meaningful outdoor experiences or re- year under this program would be set- There are 304 major wastewater ceive classroom environmental instruc- aside for these grants. In view of the treatment plants in the Chesapeake tion. Many of the school systems in the great need and the many requests for Bay watershed: Pennsylvania, 123, Bay watershed are only at the begin- assistance from the Bay area states, Maryland, 65, Virginia, 86, New York, ning stages in developing and imple- this legislation is clearly unwarranted. 18, Delaware, 3, Washington, D.C., 1, menting environmental education into The forth measure, the Chesapeake and West Virginia, 8. These plants con- their curriculum, let alone exposing Bay Watershed Forestry Act, would tribute about 60 million pounds of ni- students to outdoor watershed experi- continue and enhance the USDA Forest trogen per year—one-fifth—of the total ences. What’s lacking is not the desire Service’s role in the restoration of the or will, but the resources and training load of nitrogen to the Bay. Upgrading Chesapeake Bay watershed. Forest loss to undertake more comprehensive en- these plants with nutrient removal and fragmentation are occurring rap- vironmental education programs. technologies to achieve nitrogen reduc- This legislation would authorize $6 idly in the Chesapeake Bay region and tions of 3 mg/liter would remove 46 mil- million a year over the next three are among the most important issues lion pounds of nitrogen in the Bay each years in Federal grant assistance to facing the Bay and forest management year or 40 percent of the total nitrogen help close the resource and training today. According to the National Re- reductions needed. Nutrient removal gap for students in the elementary and sources Inventory, the States closest technologies have other benefits, as secondary levels in the Chesapeake Bay to the Bay lost 350,000 acres of forest well. They provide significant sayings watershed. It would require a 50 per- between 1987–1997 or almost 100 acres in energy usage, 20 to 30 percent, in cent non-Federal match, thus per day. More and more rural areas are chemical usage, more than 50 percent, leveraging $12 million in assistance. being converted to suburban develop- and in the amount of sludge produced, The funding could be used to help de- ments resulting in smaller contiguous five to 15 percent. They are one of the sign, demonstrate or disseminate envi- forest tracts. These trends are leading most cost-effective methods of reduc- ronmental curricula and field prac- to a regional forest land base that is ing nutrients discharged to the Bay. tices, train teachers or other edu- more vulnerable to conversion, less My legislation would provide grants cational personnel, and support on-the- likely to be economically viable in the for 55 percent of the capital cost of up- ground activities or Chesapeake Bay or future, and is losing its capacity to grading the plants with nutrient re- stream outdoor educational experi- protect watershed health and other ec- moval technologies capable of achiev- ences involving students and teachers, ological benefits, such as controlling ing nitrogen reductions of 3 mg/liter. among other things. The program storm water runoff, erosion and air pol- Any publicly owned wastewater treat- would complement the NOAA Bay Wa- lution, all critical to the Bay clean-up ment plant which has a permitted de- tershed Education and Training Pro- effort. sign capacity to treat an annual aver- gram that we established last year. Since 1990, the USDA Forest Service age of 0.5 million gallons per day with- The third measure would reauthorize has been an important part of the in the Chesapeake Bay watershed por- and enhance the Chesapeake Bay Envi- Chesapeake Bay Program. Adminis- tion of New York, Pennsylvania, Mary- ronmental Protection and Restoration tered through the Northeastern Area, land, West Virginia, Delaware, Virginia Program. This program, which was State and Private Forestry, this pro- and the District of Columbia would be first established in Section 510 of the gram has worked closely with Federal, eligible to receive these grants. As a Water Resources Development Act of State and local partners in the six- signatory to the Chesapeake Bay 1996, Public Law 104–303, authorizes the state Chesapeake Bay region to dem- Agreement, the EPA has an important U.S. Army Corps of Engineers to pro- onstrate how forest protection, res- responsibility to assist the states with vide design and construction assistance toration and stewardship activities, financing these water infrastructure to State and local authorities in the can contribute to achieving the Bay needs. environmental restoration of the restoration goals. Over the past 12 The second measure, the Chesapeake Chesapeake Bay. To date, the Corps of years, it has provided modest levels of Bay Environmental Education Pilot Engineers has constructed or approved technical and financial assistance, Program Act, would establish a new $9.3 million in projects under the averaging approximately $300,000 a environmental education program in Chesapeake Bay Environmental Res- year, to develop collaborative water- the U.S. Department of Education for toration and Protection Program in- shed projects that address watershed elementary and secondary school stu- cluding oyster restoration projects in forest conservation, restoration and dents and teachers within the Chesa- Virginia, shoreline protection and wet- stewardship. peake Bay watershed. There is a grow- land/sewage treatment projects at With the signing of the Chesapeake ing consensus that a major commit- Smith Island in Maryland and the up- 2000 Agreement, the role of the USDA ment to education—to promoting an grade of the Scranton Wastewater Forest Service has become more impor- ethic of responsible stewardship and Treatment Plant in Pennsylvania to tant than ever. Among other provi- citizenship among the nearly 16 million reduce the amount of nutrients deliv- sions, this Agreement requires the sig- people who live in the watershed—is ered to the Chesapeake Bay. These natories to conserve existing forests necessary if all of the other efforts to projects have nearly exhausted the cur- along all streams and shoreline; pro- ‘‘Save the Bay’’ are to succeed. Ex- rent $10 million authorization. mote the expansion and connection of

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.078 S09PT1 S5064 CONGRESSIONAL RECORD — SENATE April 9, 2003 contiguous forests; assess the Bay’s izes a new submerged aquatic vegeta- means a municipal wastewater treatment forest lands; and provide technical and tion restoration program. plant that— financial assistance to local govern- Mr. President, these measures would ‘‘(1) as of the date of enactment of this ments to plan for or revise plans, ordi- provide an important boost to our ef- title, has a permitted design capacity to treat an annual average of at least 500,000 nances and subdivision regulations to forts to save the Chesapeake Bay and a gallons of wastewater per day; and provide for the conservation and sus- blueprint for the course ahead. They ‘‘(2) is located within the Chesapeake Bay tainable use of the forest and agricul- are strongly supported by the Chesa- watershed in any of the States of Delaware, tural lands. To address these goals, the peake Bay Commission, the Chesa- Maryland, New York, Pennsylvania, Vir- USDA Forest Service must have addi- peake Bay Foundation, and other orga- ginia, or West Virginia or in the District of tional resources and authority, and nizations in the watershed. I ask unan- Columbia. that is what this measure seeks to pro- imous consent that the text of the bills ‘‘(b) GRANT PROGRAM.— ‘‘(1) ESTABLISHMENT.—Not later than 1 year vide. and supporting letters to printed in the after the date of enactment of this title, the This legislation codifies the role and RECORD. I urge my colleagues to join Administrator shall establish a program responsibilities of the USDA Forest with us in supporting the measures and within the Environmental Protection Agen- Service to the Bay restoration effort. continue the momentum contributing cy to provide grants to States and munici- It strengthens existing coordination, to the improvement and enhancement palities to upgrade eligible facilities with technical assistance, forest resource of our Nation’s most valuable and nutrient removal technologies. assessment and planning efforts. It au- treasured natural resource. ‘‘(2) PRIORITY.—In providing a grant under thorizes a small grants program to sup- paragraph (1), the Administrator shall— There being no objection, the mate- ‘‘(A) consult with the Chesapeake Bay Pro- port local agencies, watershed associa- rial was ordered to be printed in the gram Office; tions and citizen groups in conducting RECORD, as follows: ‘‘(B) give priority to eligible facilities at on-the-ground conservation projects. It S. 827 which nutrient removal upgrades would— also establishes a regional applied for- Be it enacted by the Senate and House of Rep- ‘‘(i) produce the greatest nutrient load re- estry research and training program to resentatives of the United States of America in ductions at points of discharge; or enhance urban, suburban and rural for- Congress assembled, ‘‘(ii) result in the greatest environmental benefits to local bodies of water surrounding, ests in the watershed. Finally it au- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Chesapeake and the main stem of, the Chesapeake Bay; thorizes $3.5 million for each of fiscal and years 2004 through 2010, a modest in- Bay Watershed Nutrient Removal Assistance Act’’. ‘‘(iii) take into consideration the geo- crease in view of the six-State, 64,000 graphic distribution of the grants. SEC. 2. FINDINGS AND PURPOSES. square mile watershed. ‘‘(3) APPLICATION.— (a) FINDINGS.—Congress finds that— The fifth measure, the NOAA Chesa- ‘‘(A) IN GENERAL.—On receipt of an applica- (1) nutrient pollution from point sources peake Bay Watershed Education, tion from a State or municipality for a grant and nonpoint sources continues to be the under this section, if the Administrator ap- Training, and Restoration Act, would most significant water quality problem in enhance the National Oceanic and At- proves the request, the Administrator shall the Chesapeake Bay watershed; transfer to the State or municipality the mospheric, NOAA, Chesapeake Bay Of- (2) a key commitment of the Chesapeake amount of assistance requested. 2000 agreement, an interstate agreement fice’s authorities to address the living ‘‘(B) FORM.—An application submitted by a resource restoration and education and among the Administrator, the Chesapeake State or municipality under subparagraph training goals and commitments of the Bay Commission, the District of Columbia, (A) shall be in such form and shall include Chesapeake 2000 agreement. It builds and the States of Maryland, Virginia, and such information as the Administrator may Pennsylvania, is to achieve the goal of cor- upon provisions contained in the Hy- prescribe. recting the nutrient-related problems in the ‘‘(4) USE OF FUNDS.—A State or munici- drographic Services Improvement Act Chesapeake Bay by 2010; Amendments of 2003, and addresses sev- pality that receives a grant under this sec- (3) by correcting those problems, the tion shall use the grant to upgrade eligible eral urgent and unmet needs in the wa- Chesapeake Bay and its tidal tributaries facilities with nutrient removal technologies tershed. To help meet Bay-wide living may be removed from the list of impaired that are designed to reduce total nitrogen in resource education and training goals, bodies of water designated by the Adminis- discharged wastewater to an average annual it codifies the Bay Watershed Edu- trator of the Environmental Protection concentration of 3 milligrams per liter. cation and Training or, B–WET, Pro- Agency under section 303(d) of the Federal ‘‘(5) COST SHARING.— Water Pollution Control Act (33 U.S.C. ‘‘(A) FEDERAL SHARE.—The Federal share gram—the first federally funded envi- 1313(d)); ronmental education program focused of the cost of upgrading any eligible facility (4) nearly 300 major sewage treatment as described in paragraph (1) using funds pro- solely on the Chesapeake Bay water- plants located in the Chesapeake Bay water- vided under this section shall not exceed 55 shed—that we initiated in the Fiscal shed annually discharge approximately percent. 2002 Commerce, Justice, State Appro- 60,000,000 pounds of nitrogen, or the equiva- ‘‘(B) NON-FEDERAL SHARE.—The non-Fed- priations bill and establishes an aqua- lent of 20 percent of the total nitrogen load, eral share of the costs of upgrading any eligi- culture education program to assist into the Chesapeake Bay; and ble facility as described in paragraph (1) with oyster and blue crab hatchery (5) nutrient removal technology is 1 of the using funds provided under this section may most reliable, cost-effective, and direct be provided in the form of funds made avail- production. methods for reducing the flow of nitrogen To better coordinate and organize able to a State or municipality under— from point sources into the Chesapeake Bay. ‘‘(i) any provision of this Act other than the substantial amounts of data col- (b) PURPOSES.—The purposes of this Act this section (including funds made available lected and complied by Federal, State are— from a State revolving fund established and local government agencies and (1) to authorize the Administrator of the under title VI); or academic institutions—data such as in- Environmental Protection Agency to provide ‘‘(ii) any other Federal or State law. formation on weather, tides, currents financial assistance to States and munici- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— circulation, climate, land use, coastal palities for use in upgrading publicly-owned ‘‘(1) IN GENERAL.—There is authorized to be wastewater treatment plants in the Chesa- environmental quality, aquatic living appropriated to carry out this section peake Bay watershed with nutrient removal $132,000,000 for each of fiscal years 2004 resources and habitat conditions—and technologies; and through 2008, to remain available until ex- make this information more useful to (2) to further the goal of restoring the pended. resource managers, scientists and the water quality of the Chesapeake Bay to con- ‘‘(2) ADMINISTRATIVE COSTS.—The Adminis- public, it establishes an internet-based ditions that are protective of human health trator may use not to exceed 4 percent of Coastal Predictions Center for the and aquatic living resources. any amount made available under paragraph Chesapeake Bay. It also authorizes a SEC. 3. SEWAGE CONTROL TECHNOLOGY GRANT (1) to pay administrative costs incurred in shallow water monitoring program to PROGRAM. carrying out this section.’’. The Federal Water Pollution Control Act address critical gaps in information on S. 828 (33 U.S.C. 1251 et seq.) is amended by adding Be it enacted by the Senate and House of Rep- near shore and river area water quality at the end the following: conditions needed for restoration of resentatives of the United States of America in ‘‘TITLE VII—MISCELLANEOUS Congress assembled, living resources. And to help meet ‘‘SEC. 701. SEWAGE CONTROL TECHNOLOGY SECTION 1. SHORT TITLE. Chesapeake 2000 living resource res- GRANT PROGRAM. This Act may be cited as the ‘‘Chesapeake toration goals, it codifies the ongoing ‘‘(a) DEFINITION OF ELIGIBLE FACILITY.—In Bay Environmental Education Pilot Pro- oyster restoration program an author- this section, the term ‘eligible facility’ gram Act’’.

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SEC. 2. FINDINGS. retary for Oceans and Atmosphere, a State ‘‘(i) MAXIMUM AMOUNT OF GRANTS.—Under Congress finds that— educational agency, or a nonprofit organiza- the Program, the maximum amount of a (1) increasing public environmental aware- tion that carries out environmental edu- grant shall be $50,000. ness and understanding through formal envi- cation and training programs, for adminis- ‘‘(j) NOTIFICATION.—Not later than 3 days ronmental education and meaningful bay or tration of the Program. before making a grant under this part, the stream field experiences are vital parts of ‘‘(d) USE OF FUNDS.—An eligible institution Secretary shall provide notification of the the effort to protect and restore the Chesa- that receives a grant under the Program grant to the appropriate committees of Con- peake Bay ecosystem; shall use the funds made available through gress. (2) using the Chesapeake Bay watershed as the grant to carry out a project consisting ‘‘(k) REGULATIONS.—Not later than 1 year an integrating context for learning can of— after the date of enactment of the Chesa- help— ‘‘(1) design, demonstration, or dissemina- peake Bay Environmental Education Pilot (A) advance student learning skills; tion of environmental curricula, including Program Act, the Secretary shall promul- (B) improve academic achievement in core development of educational tools or mate- gate regulations concerning implementation academic subjects; and rials; of the Program. (C)(i) encourage positive behavior of stu- ‘‘(2) design or demonstration of field prac- ‘‘SEC. 4403. EVALUATION AND REPORT. tices, methods, or techniques, including— dents in school; and ‘‘(a) EVALUATION.—Not later than Decem- (ii) encourage environmental stewardship ‘‘(A) assessments of environmental or eco- ber 31, 2007, the Secretary shall enter into a logical conditions; and in school and in the community; and contract with an entity that is not the re- ‘‘(B) analyses of environmental pollution (3) the Federal Government, acting cipient of a grant under this part to conduct or other natural resource problems; through the Secretary of Education, should a detailed evaluation of the Program. In con- ‘‘(3) understanding and assessment of a work with the Under Secretary for Oceans ducting the evaluation, the Secretary shall specific environmental issue or a specific en- and Atmosphere, the Chesapeake Executive determine whether the quality of content, vironmental problem; Council, State educational agencies, elemen- delivery, and outcome of the Program war- ‘‘(4) provision of training or related edu- tary schools and secondary schools, and non- rant continued support of the Program. cation for teachers or other educational per- profit educational and environmental orga- ‘‘(b) REPORT.—Not later than December 31, sonnel, including provision of programs or nizations to support development of cur- 2007, the Secretary shall submit a report to curricula to meet the needs of students in ricula, teacher training, special projects, and the appropriate committees of Congress con- various age groups or at various grade levels; other activities, to increase understanding of taining the results of the evaluation. ‘‘(5) provision of an environmental edu- the Chesapeake Bay watershed and to im- cation seminar, teleconference, or workshop ‘‘SEC. 4404. AUTHORIZATION OF APPROPRIA- prove awareness of environmental problems. for environmental education professionals or TIONS. SEC. 3. CHESAPEAKE BAY ENVIRONMENTAL EDU- environmental education students, or provi- ‘‘(a) IN GENERAL.—There is authorized to CATION AND TRAINING GRANT sion of a computer network for such profes- be appropriated to carry out this part PILOT PROGRAM. sionals and students; $6,000,000 for each of fiscal years 2004 through Title IV of the Elementary and Secondary ‘‘(6) provision of on-the-ground activities 2007. Education Act of 1965 (20 U.S.C. 7101 et seq.) involving students and teachers, such as— ‘‘(b) ADMINISTRATIVE EXPENSES.—Of the is amended by adding at the end the fol- ‘‘(A) riparian forest buffer restoration; and amounts made available under subsection (a) lowing: ‘‘(B) volunteer water quality monitoring at for each fiscal year, not more than 10 percent ‘‘PART D—CHESAPEAKE BAY ENVIRON- schools; may be used for administrative expenses.’’. MENTAL EDUCATION AND TRAINING ‘‘(7) provision of a Chesapeake Bay or S. 829 GRANT PILOT PROGRAM stream outdoor educational experience; or Be it enacted by the Senate and House of Rep- ‘‘SEC. 4401. DEFINITIONS. ‘‘(8) development of distance learning or resentatives of the United States of America in ‘‘In this part: other courses or workshops that are accept- Congress assembled, ‘‘(1) BAY WATERSHED STATE.—The term able in all Bay Watershed States and apply SECTION 1. CHESAPEAKE BAY ENVIRONMENTAL ‘Bay Watershed State’ means each of the throughout the Chesapeake Bay watershed. RESTORATION AND PROTECTION States of Delaware, Maryland, New York, ‘‘(e) REQUIRED ELEMENTS OF PROGRAM.—In PROGRAM. Pennsylvania, Virginia, and West Virginia, carrying out the Program, the Secretary Section 510 of the Water Resources Devel- and the District of Columbia. shall— opment Act of 1996 (110 Stat. 3759) is amend- ‘‘(2) CHESAPEAKE EXECUTIVE COUNCIL.—The ‘‘(1) solicit applications for projects; ed— term ‘Chesapeake Executive Council’ has the ‘‘(2) select suitable projects from among (1) in subsection (a)(2)— meaning given the term in section 307(e) of the projects proposed; (A) by striking ‘‘The assistance’’ and in- the National Oceanic and Atmospheric Ad- ‘‘(3) supervise projects; serting the following: ministration Authorization Act of 1992 (15 ‘‘(4) evaluate the results of projects; and ‘‘(A) IN GENERAL.—The assistance’’; and U.S.C. 1511d(e)). ‘‘(5) disseminate information on the effec- (B) by adding at the end the following: tiveness and feasibility of the practices, ‘‘(3) ELIGIBLE INSTITUTION.—The term ‘eli- ‘‘(B) AGREEMENTS.—In providing assistance gible institution’ means— methods, and techniques addressed by the under this subsection, the Secretary may ‘‘(A) a public elementary school or sec- projects. enter into 1 or more cooperative agreements, ‘‘(f) SOLICITATION OF APPLICATIONS.—Not ondary school located in a Bay Watershed to provide for public involvement and edu- later than 90 days after the date on which State; and cation and other project needs, with— amounts are first made available to carry ‘‘(i) federally designated coastal ecosystem ‘‘(B) a nonprofit environmental or edu- out this part, and each year thereafter, the learning centers; and cational organization located in a Bay Wa- Secretary shall publish a notice of solicita- ‘‘(ii) such nonprofit, nongovernmental or- tershed State. tion for applications for grants under the ganizations as the Secretary determines to ‘‘(4) PROGRAM.—The term ‘Program’ means Program that specifies the information to be the Chesapeake Bay Environmental Edu- included in each application. be appropriate.’’; cation and Training Grant Pilot Program es- ‘‘(g) APPLICATIONS.—To be eligible to re- (2) in subsection (c), by adding at the end tablished under section 4402. ceive a grant under the Program, an eligible the following: ‘‘SEC. 4402. CHESAPEAKE BAY ENVIRONMENTAL institution shall submit an application to ‘‘(3) NONPROFIT ENTITIES.—Notwithstanding EDUCATION AND TRAINING GRANT the Secretary at such time, in such form, section 221 of the Flood Control Act of 1970 PILOT PROGRAM. and containing such information as the Sec- (42 U.S.C. 1962d–5b), a non-Federal interest ‘‘(a) IN GENERAL.—The Secretary shall es- retary may require. for any project carried out under this section tablish a grant program, to be known as the ‘‘(h) PRIORITY IN SELECTION OF PROJECTS.— may include, with the consent of the affected ‘Chesapeake Bay Environmental Education In making grants under the Program, the local government, a nonprofit entity.’’; and Training Grant Pilot Program’, to make Secretary shall give priority to an applicant (3) in subsection (d)(2)(A)— grants to eligible institutions to pay the that proposes a project that will develop— (A) in the heading, by striking ‘‘AND RELO- Federal share of the cost of developing, dem- ‘‘(1) a new or significantly improved envi- CATIONS’’ and inserting ‘‘RELOCATIONS, AND onstrating, or disseminating information on ronmental education practice, method, or IN-KIND CONTRIBUTIONS’’; and practices, methods, or techniques relating to technique, in multiple disciplines, or a pro- (B) by striking ‘‘and relocations’’ and in- environmental education and training in the gram that assists appropriate entities and serting ‘‘relocations, and in-kind contribu- Chesapeake Bay watershed. individuals in meeting Federal or State aca- tions’’; ‘‘(b) FEDERAL SHARE.—The Federal share demic standards relating to environmental (4) by striking subsection (i); referred to in subsection (a) shall be 50 per- education; (5) by redesignating subsection (h) as sub- cent. ‘‘(2) an environmental education practice, section (i); ‘‘(c) ADMINISTRATION.—The Secretary may method, or technique that may have wide ap- (6) by inserting after subsection (g) the fol- offer to enter into a cooperative agreement plication; and lowing: or contract with the National Fish and Wild- ‘‘(3) an environmental education practice, ‘‘(h) SMALL WATERSHED GRANTS.— life Foundation established by the National method, or technique that addresses a skill ‘‘(1) IN GENERAL.—The Secretary shall es- Fish and Wildlife Foundation Establishment or scientific field identified as a priority by tablish a program, to be administered by the Act (16 U.S.C. 3701 et seq.), the Under Sec- the Chesapeake Executive Council. National Fish and Wildlife Foundation, to

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.069 S09PT1 S5066 CONGRESSIONAL RECORD — SENATE April 9, 2003 provide small watershed grants for technical serve forests in the Chesapeake Bay water- (ii) reduce urban runoff; and financial assistance to local govern- shed, including grants and assistance— (D) provides outreach and assistance to ments and nonprofit organizations in the (1) to promote forest conservation and private landowners and communities to re- Chesapeake Bay region. stewardship efforts in urban, suburban, and store or conserve forests in the watershed; ‘‘(2) USE OF FUNDS.—A local government or rural areas of the Chesapeake Bay water- (E) implements communication, education, nonprofit organization that receives a grant shed; or technology transfer programs that broad- under paragraph (1) shall use funds from the (2) to manage National Forest System land en public understanding of the value of trees grant only for implementation of coopera- in the Chesapeake Bay watershed in a man- and forests in sustaining and restoring the tive tributary basin strategies that address ner that protects water quality and sustains Chesapeake Bay watershed; the establishment, restoration, protection, watershed health; (F) coordinates and implements commu- or enhancement of habitat associated with (3) to assist in developing and carrying out nity-based watershed partnerships and ini- the Chesapeake Bay ecosystem.’’; and projects and partnerships in the Chesapeake tiatives that— (7) by inserting after subsection (i) (as re- Bay watershed; (i) focus on the restoration or protection of designated by paragraph (5)) the following: (4) to conduct research, assessment, and urban and rural forests; or ‘‘(j) FUNDING.— planning activities to restore and protect (ii) focus programs of the Forest Service on ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— forest land in the Chesapeake Bay water- restoring or protecting watersheds; There is authorized to be appropriated to shed; (G) provides enhanced forest resource data carry out this section $30,000,000. (5) to develop communication and edu- to support watershed management; ‘‘(2) ANNUAL GRANT EXPENDITURE.—Of the cation resources to enhance public under- (H) enhances upland forest health to re- amount made available under paragraph (1) standing of the value of forests in the Chesa- duce risks to watershed function and water to carry out this section for a fiscal year, peake Bay watershed; and quality; or not more than 10 percent may be used to (6) to contribute to the achievement of the (I) conducts inventory assessment or moni- carry out subsection (h) for the fiscal year.’’. goals of the Chesapeake Bay Agreement. toring activities to measure environmental (b) OFFICE; COORDINATOR.— change associated with projects carried out S. 830 (1) IN GENERAL.—The Secretary shall— under the program. (A) maintain an office within the Forest Be it enacted by the Senate and House of Rep- (4) STATE WATERSHED FORESTERS.—Funds resentatives of the United States of America in Service to carry out the program; and made available under section 6 may be used (B) designate an employee of the Forest Congress assembled, by a Chesapeake Bay State to employ a Service as Coordinator of the program. SECTION 1. SHORT TITLE. State watershed forester to carry out activi- (2) DUTIES.—As part of the program, the ties and coordinate watershed-level projects This Act may be cited as the ‘‘Chesapeake Coordinator, in cooperation with the Sec- relating to the program. Bay Watershed Forestry Program Act of retary and the Chesapeake Bay Program, 2003’’. shall— (e) STUDY.— SEC. 2. FINDINGS AND PURPOSES. (A) provide grants and technical assistance (1) IN GENERAL.—The Secretary, in con- (a) FINDINGS.—Congress finds that— to restore and protect forests in the Chesa- sultation with the Council, shall conduct a (1) trees and forests are critical to the peake Bay watershed; study of urban and rural forests in the long-term health and proper functioning of (B) enter into partnerships to carry out Chesapeake Bay watershed, including— the Chesapeake Bay and the Chesapeake Bay forest restoration and conservation activi- (A) an assessment of forest loss and frag- watershed; ties at a watershed scale using the resources mentation in the Chesapeake Bay watershed; (2) the Chesapeake Bay States are losing and programs of the Forest Service; (B) an identification of forest land within forest land to urban growth at a rate of near- (C) carry out activities, in collaboration the Chesapeake Bay watershed that should ly 100 acres per day; and with other units of the Forest Service, that be restored or protected; and (3) the Forest Service has a vital role to contribute to the goals of the Chesapeake (C) recommendations for expanded and tar- play in assisting States, local governments, Bay Agreement; geted actions and programs that are needed and nonprofit organizations in carrying out (D) represent the Forest Service in delib- to achieve the goals of the Chesapeake Bay forest conservation, restoration, and stew- erations of the Chesapeake Bay Program; Agreement. ardship projects and activities. and (2) REPORT.—Not later than 1 year after (b) PURPOSES.—The purposes of this Act (E) support and collaborate with the For- amounts are first made available under sec- are— estry Work Group in planning and imple- tion 6, the Secretary shall submit to the (1) to expand and strengthen cooperative menting program activities. Committee on Agriculture of the House of efforts to protect, restore, and manage for- (c) ELIGIBLE ENTITIES.—To be eligible to Representatives and the Committee on Agri- ests in the Chesapeake Bay watershed; and receive assistance under the program, an en- culture, Nutrition, and Forestry of the Sen- (2) to contribute to the achievement of the tity shall be— ate a report that describes the results of the goals of the Chesapeake Bay Agreement. (1) a Chesapeake Bay State; study. SEC. 3. DEFINITIONS. (2) a political subdivision of a Chesapeake SEC. 5. WATERSHED FORESTRY RESEARCH PRO- In this Act: Bay State; GRAM. (1) CHESAPEAKE BAY AGREEMENT.—The term (3) an organization operating in the Chesa- (a) IN GENERAL.—The Secretary, in co- ‘‘Chesapeake Bay Agreement’’ means the for- peake Bay watershed that is described in sec- operation with the Council, shall establish a mal, voluntary agreements— tion 501(c) of the Internal Revenue Code of watershed forestry research program for the (A) executed to achieve the goal of restor- 1986 and is exempt from taxation under sec- Chesapeake Bay watershed. ing and protecting the Chesapeake Bay eco- tion 501(a) of that Code; or system and the living resources of the Chesa- (4) any other person in the Chesapeake Bay (b) ADMINISTRATION.—In carrying out the peake Bay ecosystem; and watershed that the Secretary determines to watershed forestry research program estab- (B) signed by the Council. be eligible. lished under subsection (a), the Secretary (2) CHESAPEAKE BAY STATE.—The term (d) GRANTS.— shall— ‘‘Chesapeake Bay State’’ means each of the (1) IN GENERAL.—The Secretary shall make (1) use a combination of applied research, States of Delaware, Maryland, New York, grants to eligible entities under the program modeling, demonstration projects, imple- Pennsylvania, Virginia, and West Virginia to carry out projects to protect, restore, and mentation standards, strategies for adaptive and the District of Columbia. manage forests in the Chesapeake Bay wa- management, training, and education to (3) COORDINATOR.—The term ‘‘Coordinator’’ tershed. meet the needs of the residents of the Chesa- means the Coordinator of the program des- (2) FEDERAL SHARE.—The Federal share of a peake Bay States for managing forests in ignated under section 4(b)(1)(B). grant made under the program shall not ex- urban, developing, and rural areas; (4) COUNCIL.—The term ‘‘Council’’ means ceed 75 percent, as determined by the Sec- (2) solicit input from local managers and the Chesapeake Bay Executive Council. retary. Federal, State, and private researchers, with (5) PROGRAM.—The term ‘‘program’’ means (3) TYPES OF PROJECTS.—The Secretary respect to air and water quality, social and the Chesapeake Bay watershed forestry pro- may make a grant to an eligible entity for economic implications, environmental gram carried out under section 4(a). any project in the Chesapeake Bay water- change, and other Chesapeake Bay watershed (6) SECRETARY.—The term ‘‘Secretary’’ shed that— forestry issues in urban and rural areas; and means the Secretary of Agriculture, acting (A) improves habitat and water quality (3) collaborate with the Chesapeake Bay through the Chief of the Forest Service and through the establishment, protection, or Program Scientific and Technical Advisory the Coordinator. stewardship of riparian or wetland forests or Committee and universities in the Chesa- SEC. 4. CHESAPEAKE BAY WATERSHED FOR- stream corridors; peake Bay States to— ESTRY PROGRAM. (B) builds the capacity of State and local (A) address issues in the Chesapeake Bay (a) IN GENERAL.—The Secretary shall carry organizations to implement forest conserva- Agreement; and out a Chesapeake Bay watershed forestry tion, restoration, and stewardship actions; (B) support modeling and informational program under which the Secretary shall (C) develops and implements watershed needs of the Chesapeake Bay program. make grants and provide technical assist- management plans that— (c) WATERSHED FORESTRY RESEARCH STRAT- ance to eligible entities to restore and con- (i) address forest conservation needs; and EGY.—Not later than 1 year after the date of

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.083 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5067 enactment of this Act, the Secretary, in col- policy makers, resource managers, sci- ing resources of the Chesapeake Bay water- laboration with the Northeast Forest Re- entists, and the public. shed; search Station and the Southern Forest Re- (b) ACTIVITIES.— (B) provide meaningful outdoor experience search Station, shall submit to Congress a (1) INFORMATION AND PREDICTION SYSTEM.— on the Chesapeake Bay, or on a stream or in strategy for research to address Chesapeake The Center shall develop an Internet-based a local watershed of the Chesapeake Bay, in Bay watershed goals. information system for integrating, inter- the design and implementation of field stud- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. preting, and disseminating coastal informa- ies, monitoring and assessments, or restora- There is authorized to be appropriated to tion and predictions concerning the Chesa- tion techniques for living resources; carry out the program $3,500,000 for each of peake Bay and the tributaries of the Chesa- (C) provide professional development for fiscal years 2004 through 2010, of which— peake Bay related to— teachers related to the science of the Chesa- (1) not more than $500,000 shall be used to (A) climate; peake Bay watershed and the dissemination conduct the study required under section (B) land use; of pertinent education materials oriented to 4(e); and (C) coastal pollution; varying grade levels; (2) not more than $1,000,000 for any fiscal (D) coastal environmental quality; (D) demonstrate or disseminate environ- year shall be used to carry out the watershed (E) ecosystem health and performance; mental educational tools and materials re- forestry research program under section 5. (F) aquatic living resources and habitat lated to the Chesapeake Bay watershed; SEC. 7. REPORT. conditions; and (E) demonstrate field methods, practices, Not later than December 1, 2005, and annu- (G) weather, tides, currents, and circula- and techniques including assessment of envi- ally thereafter, the Coordinator shall submit tion that affect the distribution of sedi- ronmental and ecological conditions and to the Secretary a comprehensive report on ments, nutrients, and organisms, coastline analysis of environmental problems; and activities carried out under the program. erosion, and related physical and chemical (F) develop or disseminate projects de- events. signed to— S. 831 (2) AGREEMENTS TO PROVIDE DATA, INFORMA- (i) enhance understanding and assessment Be it enacted by the Senate and House of Rep- TION, AND SUPPORT.—The Director may enter of a specific environmental problem in the resentatives of the United States of America in into agreements with other entities of the Chesapeake Bay watershed or of a goal of the Congress assembled, National Oceanic and Atmospheric Adminis- Chesapeake Bay Program; or SECTION 1. SHORT TITLE. tration, other appropriate Federal, State, (ii) protect or restore living resources of This Act may be cited as the ‘‘NOAA and local government agencies, and aca- the Chesapeake Bay watershed. Chesapeake Bay Watershed Education, demic institutions, to provide and interpret (4) FEDERAL SHARE.—The Federal share of Training, and Restoration Act’’. data and information, and provide appro- the cost of a project authorized under para- SEC. 2. DEFINITIONS. priate support, relating to the activities of graph (1) shall not exceed 75 percent of the In this Act: the Center. total cost of that project. (1) CENTER.—The term ‘‘Center’’ means the (3) AGREEMENTS RELATING TO INFORMATION (c) REPORT.—Not later than December 31, Coastal Prediction Center for the Chesa- PRODUCTS.—The Director may enter into 2006, the Director, in consultation with the peake Bay established under paragraph (1) of grants, contracts, and interagency agree- Chesapeake Executive Council, shall submit section 3(a). ments with eligible entities for the collec- to Congress a report through the Adminis- (2) CHESAPEAKE 2000 AGREEMENT.—The term tion, processing, analysis, interpretation, trator of National Oceanic and Atmospheric ‘‘Chesapeake 2000 agreement’’ means the and electronic publication of information Administration regarding the program estab- agreement between the United States, the products for the Center. lished under subsection (a) and, on the ap- States of Maryland, Pennsylvania, and Vir- SEC. 4. CHESAPEAKE BAY WATERSHED EDU- propriate role of Federal, State, and local ginia, and the District of Columbia entered CATION AND TRAINING PROGRAM. governments in continuing such program. into on June 28, 2000. (a) ESTABLISHMENT.— SEC. 5. STOCK ENHANCEMENT AND HABITAT (3) CHESAPEAKE EXECUTIVE COUNCIL.—The (1) IN GENERAL.—The Director, in coopera- RESTORATION PROGRAM. term ‘‘Chesapeake Executive Council’’ has tion with the Chesapeake Executive Council, (a) ESTABLISHMENT.— the meaning given that term in subsection shall establish a Chesapeake Bay watershed (1) IN GENERAL.—Not later than 1 year after (d) of section 307 of the National Oceanic and education and training program. the date of enactment of this Act, the Direc- Atmospheric Administration Authorization (2) PURPOSES.—The program established tor, in cooperation with the Chesapeake Ex- Act of 1992 (15 U.S.C. 1511d). under paragraph (1) shall continue and executive Council, shall establish a Chesapeake (4) DIRECTOR.—The term ‘‘Director’’ means pand the Chesapeake Bay watershed edu- Bay watershed stock enhancement and habi- the Director of the Chesapeake Bay Office cation programs offered by the Chesapeake tat restoration program. appointed under paragraph (2) of section Bay Office for the purposes of— (2) PURPOSES.—The purposes of the pro- 307(a) of the National Oceanic and Atmos- (A) improving the understanding of ele- gram established in paragraph (1) are to sup- pheric Administration Authorization Act of mentary and secondary school students and port the restoration of oysters and sub- 1992 (15 U.S.C. 1511d). teachers of the living resources of the eco- merged aquatic vegetation in the Chesa- (5) ELIGIBLE ENTITY.—The term ‘‘eligible system of the Chesapeake Bay; and peake Bay and enhance education programs entity’’ means a State government, an insti- (B) meeting the educational goals of the related to aquaculture. tution of higher education, including a com- Chesapeake 2000 agreement. (b) ACTIVITIES.—To carry out the purpose munity college, a not-for-profit organiza- (b) GRANT PROGRAM.— of the program established in paragraph (1) tion, or an appropriate private entity. (1) AUTHORIZATION.—The Director is au- of subsection (a), the Director is authorized (6) CHESAPEAKE BAY OFFICE.—The term thorized to award grants to pay the Federal to enter into grants, contracts, and coopera- ‘‘Chesapeake Bay Office’’ means the Chesa- share of the cost of a project described in tive agreements with an eligible entity to peake Bay Office within the National Oce- paragraph (3)— support— anic and Atmospheric Administration estab- (A) to a not-for-profit institution; (1) the establishment of oyster hatcheries; lished under paragraph (1) of section 307(a) of (B) to a consortia of not-for-profit institu- (2) the establishment of submerged aquatic the National Oceanic and Atmospheric Ad- tions; vegetation propagation programs; ministration Authorization Act of 1992 (15 (C) to an elementary or secondary school (3) the development of education programs U.S.C. 1511d). located within the Chesapeake Bay water- related to aquaculture; and SEC. 3. COASTAL PREDICTION CENTER. shed; (4) other activities that the Director deter- (a) ESTABLISHMENT.— (D) to a teacher at a school described in mines are appropriate to carry out the pur- (1) IN GENERAL.—Not later than 1 year after subparagraph (C); or poses of such program. the date of enactment of this Act, the Direc- (E) a State Department of Education if any tor, in collaboration with scientific institu- part of such State is within the Chesapeake SEC. 6. CHESAPEAKE BAY AQUACULTURE EDU- CATION. tions located in the Chesapeake Bay water- Bay watershed. shed, shall establish a Coastal Prediction (2) CRITERIA.—The Director is authorized The Director is authorized to make grants Center for the Chesapeake Bay. to award grants under this section based on and enter into contracts with an institution (2) PURPOSES.—The purposes of the Center the experience of the applicant in providing of higher education, including a community established under paragraph (1) are to serve environmental education and training college, for the purpose of— as a knowledge bank for— projects regarding the Chesapeake Bay wa- (1) supporting education in Chesapeake (A) assembling, integrating, and modeling tershed to a range of participants and in a Bay aquaculture sciences and technologies; coastal information and data related to the range of settings. and Chesapeake Bay and the tributaries of the (3) FUNCTIONS AND ACTIVITIES.—Grants (2) developing aquaculture processes and Chesapeake Bay from appropriate govern- awarded under this section may be used to technologies to improve production, effi- ment agencies and scientific institutions; support education and training projects ciency, and sustainability of disease free oys- (B) interpreting such information and that— ter spat and submerged aquatic vegetation. data; and (A) provide classroom education, including SEC. 7. SHALLOW WATER MONITORING PRO- (C) organizing such information and data the use of distance learning technologies, on GRAM. into predictive products that are useful to the issues, science, and problems of the liv- (a) ESTABLISHMENT.—

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(1) IN GENERAL.—Not later than 1 year after treatment plants willing to install state-of- Only the federal government is in the posi- the date of enactment of this Act, the Direc- the-art pollution controls, which is precisely tion to trigger such remarkable reductions. tor, in cooperation with the Chesapeake Ex- consistent with the scientific conclusions of It is an opportunity that should not and can- ecutive Council and scientific institutions the Chesapeake Bay Program. not be ignored. located in the Chesapeake Bay watershed, Your other Chesapeake initiatives will In addition to the removal of nitrogen shall establish a program to monitor shallow strengthen environmental education, im- loads from our WWIPs, The Chesapeake Bay water throughout the Chesapeake Bay. prove forestry management, and enhance the Watershed Forestry Act will help to control (2) PURPOSE.—The purpose of the program work of the Army Corps of Engineers. To- pollution running off the land. Forests and established in paragraph (1) shall be to pro- gether, these bills will authorize significant riparian buffers play a critical role in fil- vide data on water quality conditions nec- new federal financial support for the Chesa- tering and absorbing sediment and nutrient essary for restoration of living resources in peake Bay Program. runoff, while providing valuable habitat for near-shore and tidal tributary areas of the This year marks the 20th anniversary of animals and birds and food and shelter for Chesapeake Bay. the modern Chesapeake Bay Program. While fish. Enhanced support for the Bay Program (b) ACTIVITIES.—To carry out the purpose we have made significant progress in the Forest Service will ramp up its provision of of the program established in paragraph (1) past two decades, Chesapeake scientists now interstate coordination, technical assist- of subsection (a), the Director is authorized believe we must redouble our efforts if we ance, and forest assessment and planning to carry out, or enter into grants, contracts, are to succeed in the goals that we all share. services that are otherwise limited or un- and cooperative agreements with an eligible Your legislation will provide new direction available in our region. entity to carry out activities— and federal resources to the Chesapeake at a Finally, let us emphasize the important (1) to collect, analyze, and disseminate sci- key time. support for education that this package pro- entific information necessary for the man- We thank you for your continued leader- vides. Sustaining hard won progress in the agement of living marine resources and the ship on behalf of the Chesapeake Bay. restoration of the Chesapeake Bay will ulti- marine habitat associated with such re- Sincerely, mately rest in the hands of citizens and their sources; ROBERT M. FERRIS, communities. Sustainability, then, rests in (2) to interpret the information described Vice President, our ability to provide ample education and in paragraph (1); Environmental Protection and Restoration. opportunity for community involvement. (3) to organize the information described in This effort to supply financial and technical paragraph (1) into products that are useful to CHESAPEAKE BAY COMMISSION, support is provided by the The Chesapeake policy makers, resource managers, sci- Annapolis, MD, April 9, 2003. Bay Environmental Education Pilot Pro- entists, and the public; or Hon. PAUL S. SARBANES, gram Act and the NOAA Chesapeake Bay (4) that will otherwise further the purpose U.S. Senate, Watershed Education, Training and Restora- of such program. Washington, DC. tion Act. Education and community engage- DEAR SENATOR SARBANES: Federal funding SEC. 8. AUTHORIZATION OF APPROPRIATIONS. ment are two activities of C2K that are woe- has played a crucial role in supporting the fully underfunded. The monies provided by (a) CHESAPEAKE BAY OFFICE.—Subsection Chesapeake Bay restoration. Thanks in large (e) of section 307 of the National Oceanic and these two acts will substantially improve part to your efforts, federal funds have sup- Atmospheric Administration Authorization our ability to keep our commitments on ported nearly one-fifth of the projects cur- Act of 1992 (15 U.S.C. 1511d) is amended— track and reach our stated goals. rently underway. Since the Bay Program’s inception the fed- (1) by striking ‘‘$6,000,000’’ and inserting However, in signing Chesapeake 2000, the eral government has been a strong partner, ‘‘$8,000,000’’; and signatories (both state and federal) vowed to providing approximately 18 percent of the (2) by striking ‘‘2006’’ and inserting ‘‘2008’’. substantially enhance their efforts to reduce funds needed. For the federal government to (b) PROGRAMS.—There is authorized to be nutrient pollution and restore the Bay’s fish- maintain its level of support in the face of appropriated the following amounts to carry eries. With science driving these decisions, rising costs to attain our C2K objectives, it out the provisions of this Act: the expenditure of some $18.7 billion dollars will need to triple its investment. Your five- (1) $500,000 for each of the fiscal years 2004 will be required to restore the Bay to its bill package puts the federal government through 2008 to carry out the provisions of former health and abundance. A commit- soundly on this track. As a Bay-region lead- section 3. ment of this size will require the substantial er, you are to be commended. Please instruct (2) $6,000,000 for each of the fiscal years 2004 involvement of all partners, including the us as to how we can further support these through 2008 to carry out the provisions of federal, state, and local governments and the measures. section 4. private sector. Sincerely, (3) $7,000,000 for each of the fiscal years 2004 With this financial need solidly in focus, Delegate ROBERT S. BLOXOM, through 2008 to carry out the provisions of we are writing to convey our unanimous, tri- Chairman. section 5. state support for your Chesapeake Bay legis- (4) $1,000,000 for each of the fiscal years 2004 lative package. Together, these five bills By Mr. GRASSLEY: through 2008 to carry out the provisions of promote the kinds of enhanced funding and S. 832. A bill to provide that bonuses section 6. technical assistance called for in (5) $3,000,000 for each of the fiscal years 2004 and other extraordinary or excessive Cheasapeake 2000 (C2K). We hope that the compensation of corporate insiders and through 2008 to carry out the provisions of 108th Congress will join us in our support of: section 7. 1. The Chesapeake Bay Watershed Nutrient wrongdoers may be included in the Removal Act; bankruptcy estate; to the Committee CHESAPEAKE BAY FOUNDATION, 2. The reauthorization and improvement of on the Judiciary. Annapolis, MD, April 8, 2003. The Chesapeake Bay Environmental Res- Mr. GRASSLEY. Mr. President, I rise Hon. PAUL SARBANES, toration and Protection Program of WRDA. today to introduce the ‘‘Corporate Ac- U.S. Senate, 3. The Chesapeake Bay Environmental countability in Bankruptcy Act.’’ This Washington, DC. Education Pilot Program Act; bill would clarify that the bonuses and DEAR SENATOR SARBANES: We would like to 4. The Chesapeake Bay Watershed Forestry express our deepest appreciation for your Act; and other excessive compensation of cor- continued leadership on behalf of the Chesa- 5. NOAA Chesapeake Bay Watershed Edu- porate directors and wrongdoers can be peake Bay. Your proposed legislation for the cation, Training and Restoration Act. brought back into a bankruptcy estate 108th Congress will provide essential new re- The Chesapeake Bay Watershed Nutrient when a company goes bankrupt. It is sources and policy direction for top Chesa- Removal Assistance Act is of keen interest only fair that corporate officers and peake priorities, consistent with the ambi- to this Commission. As a signatory to C2K, employees who have engaged in wrong- tious goals of the 2000 Chesapeake Bay we have committed to reducing the Bay’s ni- doing and violated the securities and Agreement. We pledge our support for the trogen loads by 110 million pounds. Trans- accounting laws should not be able to legislation, and we stand ready to help you lated, this goal represents a doubling of the in any way possible to secure enactment. load reductions achieved since 1983. If ac- make money off of a company which We are particularly pleased with your pro- complished, it will restore the Bay waters to has gone bankrupt, while company em- posed Chesapeake Bay Watershed Nutrient conditions that are clean, clear and produc- ployees, shareholders and creditors are Removal Assistance Act, which will signifi- tive. left carrying the burden of the bank- cantly help reduce nitrogen pollution by pro- The Act provides grants to upgrade the ruptcy. Moreover, corporate officers viding first-time federal assistance to local major wasterwater treatment plants and insiders should not be allowed to communities for improving sewage treat- (WWTP) in our six-state watershed with nu- keep their bonuses and loans when a ment throughout the watershed. The bill will trient removal technologies. It will allow the provide $660 million over five years, and region to demonstrate that state-of-the-art company has done so poorly to go more than 300 major sewage treatment nutrient removal is possible on a large scale. bankrupt. plants will be eligible to participate in the It will single-handedly result in the removal Currently, the Bankruptcy Code per- new federal program. Importantly, the legis- of 41 million pounds of nitrogen, or 40 permits a trustee to recover assets which lation will limit assistance to only those cent of the total nitrogen reduction needed. a debtor has previously distributed to

VerDate Jan 31 2003 04:23 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.083 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5069 creditors within a certain time period National Forest System lands when the Tanya Andrea Goudeau and her family prior to the filing of a bankruptcy peti- violation results in damage to public or to grant Tanya immediate relative station. This allows a trustee to increase private property, to specify the purpose tus. The Goudeaus adopted Tanya in a debtor’s assets for the fair treatment for which collected fines may be used, 2001, but due to misinformation and an and equitable distribution of assets and for other purposes; to the Com- undue delay in the adoption process, among all creditors, as well as to help mittee on Energy and Natural Re- the adoption was not completed until a shore up a debtor’s assets during a resources. week after Tanya’s 16th birthday. As a organization. Mr. ALLARD. Mr. President, I ask result, Tanya was no longer considered Section 547 of the Bankruptcy Code unanimous consent that the Public a child under the law and therefore was currently allows a trustee to recover Lands Fire Regulations Enforcement not eligible to receive permanent resi- assets from an insider made within a Act of 2003, a bill that I am intro- dent status. Currently, Tanya faces de- year of the filing of a bankruptcy peti- ducing, be printed in the RECORD. portation to Sri Lanka where she no tion. Section 548 of the Bankruptcy There being no objection, the bill was longer has a family to care for her. Code allows a trustee to recover trans- ordered to be printed in the RECORD, as What is more, she is now legally a part fers of assets, made within one year, follows: of the Goudeau family. Tanya is the where there has been a fraudulent S. 833 Goudeau’s daughter and they are her transaction or where a debtor has re- Be it enacted by the Senate and House of Rep- parents. ceived less than what is reasonably resentatives of the United States of America in Tanya Goudeau was born to Mrs. equivalent in value. However, the Congress assembled, Goudeau’s sister in 1984 in Sri Lanka. Bankruptcy Code is not clear as to SECTION 1. SHORT TITLE. During a visit with the Goudeaus in whether these sections would include This Act may be cited as the ‘‘Public 1999 at their home in Baker, LA, the bonuses and other extraordinary or Lands Fire Regulations Enforcement Act of Tanya’s mother announced that she excessive compensation of officers, di- 2003’’. was moving and that she did not want rectors or other company employees. SEC. 2. PENALTIES FOR VIOLATION OF PUBLIC any further contact with her daughter. That needs to change. LAND FIRE REGULATIONS RESULT- ING IN PROPERTY DAMAGE. Tanya’s father had walked out on the The Corporate Accountability in (a) INCREASED PENALTIES ON INTERIOR family 11 years earlier and could not be Bankruptcy Act clarifies section 547 of LANDS.—Notwithstanding section 303(a) of located. The Goudeaus realized that the Bankruptcy Code to provide that a the Federal Land Policy and Management Tanya had no family to return to and trustee may recover bonuses, loans, Act of 1976 (43 U.S.C. 1733(a)) or section 3 of they decided to adopt her. They could nonqualified deferred compensation, the Act of August 25, 1916 (16 U.S.C. 3), a vio- not bear to send their niece back to her and any other extraordinary or exces- lation of the rules regulating the use of fire native home where she would be on her by visitors and other users of lands adminis- sive compensation as determined by own at age 14. Without any children of the court, made to an insider, officer or tered by the Bureau of Land Management or National Park System lands shall be pun- their own, they lovingly took Tanya director and made within one year be- ished by a fine of not less than $1,000 or im- into their family and have lovingly fore the date of the filing of the bank- prisonment for not more than one year, or cared for her for the past 4 years. ruptcy petition. both, if the violation results in damage to Tanya has overcome her mother’s In addition, the bill amends section public or private property. and father’s abandonment and after a 548 of the Bankruptcy Code to provide (b) INCREASED PENALTIES ON NATIONAL FOR- period of adjustment, she has grown to EST SYSTEM LANDS.—Notwithstanding the that a trustee may recover bonuses, love her new home. She is currently a loans, nonqualified deferred compensa- eleventh undesignated paragraph under the heading ‘‘SURVEYING THE PUBLIC senior in high school with aspirations tion, and any other extraordinary or to earn an advanced medical degree. excessive compensation, as determined LANDS’’ of the Act of June 4, 1897 (16 U.S.C. 551), a violation of the rules regulating the Without the passage of this private by the court, paid to an officer, direc- use of fire by visitors and other users of Na- bill, Tanya could face deportation to tor or employee who has committed se- tional Forest System lands shall be punished Sir Lanka at a time when she should be curities or accounting violations, with- by a fine of not less than $1,000 or imprison- focused on her college degree with the in 4 years of the filing of the bank- ment for not more than one year, or both, if support of her parents. The Goudeaus’ the violation results in damage to public or ruptcy petition. The reason that the situation is an unintended consequence bill extends the present one year reach- private property. (c) RELATION TO OTHER SENTENCE OF FINE of the requirement to complete the back period for fraudulent transfers to adoption process before a child’s six- four years is because a majority of AUTHORITY.—The maximum fine amount specified in subsections (a) and (b) applies in teenth birthday. We need to grant States have adopted a four year time lieu of the fine otherwise applicable under Tanya immediate relative status to period or the Uniform Fraudulent section 3571 of title 18, United States Code. allow the Goudeaus to remain a family. Transfer Act, (which allows for 4 (d) USE OF COLLECTED FINES.—Any moneys years). received by the United States as a result of By Ms. LANDRIEU: The plain fact is that corporate offi- a fine imposed for a violation of fire rules ap- cers and employees who have violated plicable to lands administered by the Bureau S. 835. A bill to amend the Higher the law, as well as corporate officials of Land Management, National Park System Education Act of 1965 to provide stu- who have not done a good job in man- lands, or National Forest System lands shall dent loan borrowers with a choice of be available to the Secretary of the Interior aging a company, should not be al- lender for loan consolidation, to pro- or the Secretary of Agriculture, as the case vide notice regarding loan consolida- lowed to benefit where their actions may be, without further appropriation and have contributed to the downfall of the tion, and for other purposes; to the until expended, for the following purposes: Committee on Health, Education, company. Corporate mismanagement (1) To cover the cost to the United States and irresponsibility should not be re- of any improvement, protection, or rehabili- Labor, and Pensions. warded, and the bad guys need to be tation work rendered necessary by the ac- Ms. LANDRIEU. Mr. President, held accountable. The changes to the tion that resulted in the fine. throughout the next month, hundreds Bankruptcy Code contained in this bill (2) To reimburse the affected agency for of thousands of high school seniors the cost of the response to the action that are tied to excessiveness and wrong- across this Nation will open up their resulted in the fine, including investigations, mailboxes and receive acceptance let- doing and are fair. We need to do some- damage assessments, and legal actions. thing about bringing more account- (3) To increase public awareness of rules, ters for college. They will begin plan- ability and fairness to the system, and regulations, and other requirements regard- ning where they will live and what the Corporate Accountability in Bank- ing the use of fire on public lands. they will study for the next 2 or 4 ruptcy Act does that. years. These students will dream big By Ms. LANDRIEU: and have grand ideas about what col- By Mr. ALLARD: S. 834. A bill for the relief of Tanya lege will mean for them, but before S. 833. A bill to increase the penalties Andrea Goudeau; to the Committee on they can officially enroll, they will be to be imposed for a violation of fire the Judiciary. slapped in the face with a very real regulations applicable to the public Ms. LANDRIEU. Mr. President, I rise question: how are they going to pay for lands, National Parks System lands, or today to offer a private bill on behalf of it?

VerDate Jan 31 2003 04:23 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.074 S09PT1 S5070 CONGRESSIONAL RECORD — SENATE April 9, 2003 Attending an institution of higher type of institution of profession. These Prior to the passage of the Millen- education can be expensive. According choices greatly impact not only the nium Health Care Bill, when families to the National Center for Higher Edu- lives of the students themselves, but in West Virginia were told by VA that cation, the cost of attending two or also society as a whole. At a time when the long-term care services they need- four year, public and private colleges our society is in dire need of nurses, ed were not available to them, they has increased faster than both inflation teachers, and many other professions, would turn to me in despair. I still fre- and family income. In 2000, families in we must not frighten students away quently hear from families of aging, the lowest quartile of the income from college for fear of substantial sick veterans who want desperately to bracket spent as much as 25 percent of debt burdens after their graduation. keep their husbands, fathers or broth- their annual income to send their chil- The greatest investment we can ers at home, but in order to do that dren to a public, four year college, make in our future is in the education they need help. compared with only 13 percent in 1980. of our children. Today, with the chang- Many of our aging veterans are suf- At the same time, though, sources of ing world, educating our children in- fering from debilitating diseases, such federal assistance are diminishing. The cludes assisting those who desire to ob- as Alzheimer’s or Parkinson’s, or a Federal Pell Grant program, which was tain a college degree. By not repealing stroke. A large number of these vet- designed to help alleviate the financial the Single Lender rule, we will be con- erans are WW II combat veterans, burden on low income families, covered tinuing to drive up the cost of college, whose wives are lovingly caring for only 57 percent of the cost of tuition at thus impeding access, especially for them at home with very limited republic, four year colleges in 1999, lower-income students. According to sources. The noninstitutional long- whereas Pell Grants covered 98 percent the Census Bureau, the income gap be- term care services currently available of the costs in 1986. tween people receiving a bachelor’s de- within VA provide an array of care As the cost of college increases and gree and people receiving only a high that can be a lifesaver for the dedi- the impact of Federal grants decreases, school diploma has increased from 57 cated care givers of critically ill vet- school loans have become a gateway to percent in 1975, to 76 percent in 2002. By erans, and allow these veterans to re- attending college for the majority of financially hindering the entrance into main at home. students. However, because of a provi- college, we will be adding to this in- sion in the 1998 re-authorization of the come gap, which only further hurts our While the purpose of this bill is clear, Higher Education Act, entitled the already recessed economy. let me explain the reason it is so nec- ‘‘Single Lender Rule,’’ students who The Consolidation Student Loan essary. Within three years of the enact- have all of their student loans from a Flexibility Act is an important first ment of Public Law 106–117, VA was to single lender are barred from getting a step to making college more affordable evaluate and report to the House and lower rate by consolidating their loans for all American families. I hope and Senate Committees on Veterans’ Af- with a different lender. The financial urge my colleagues to join me in mak- fairs on its experience in providing benefits for the consumer by using a ing the dream of a college education a services under both the nursing home different lender for loan consolidation reality for all. care and non-institutional care provi- are easily seen in other areas of fi- sions, and to make recommendations nance, such as homeowners refinancing By Mr. ROCKEFELLER: on extending or making permanent their mortgage. What appears to me to S. 836. A bill to amend title 38, these provisions. These programs were be an arbitrarily contrived limitation United States Code, to extend by five given an expiration date of four years. that protects lenders more than stu- years the period for the provision by But unfortunately, very little has dents has prevented college graduates the Secretary of Veterans Affairs of happened with these long-term care from consolidating their multiple stu- noninstitutional extended care services programs. It was not until October, dent loans into a single, new loan, thus and required nursing home care; to the 2001, that VA addressed the require- driving up the cost of attending col- Committee on Veterans’ Affairs. ments of the law by issuing a directive lege. Mr. ROCKEFELLER. Mr. President, on such noninstitutional long-term Having a college degree is fast be- today I rise to reintroduce a bill that is care services as respite and adult day coming a necessary pre-requisite to enormously important to veterans in care. And even now, we find that how long-term success. That is why I rise my State of West Virginia and to all these services are being provided, if at today to introduce to my colleagues veterans across this great Nation. The all, varies widely throughout the VA the ‘‘Consolidation Student Loan bill I am reintroducing will extend health care system. The delay in im- Flexibility Act of 2003.’’ This bill would VA’s ability to provide long-term care plementing these programs will greatly repeal the Single Lender rule, and under two specific authorities of the impede our ability to adequately study knock down this arbitrarily contrived Veterans Millennium Health Care and their effects. barrier that hinders students from Benefits Act of 1999. Additionally, in September, 2001, two In November of 1999, Congress passed gaining access to higher education. years after Congress passed the Millen- Some of my colleagues may be ask- comprehensive long-term care legisla- nium Health Care and Benefits Act of ing, why now? Why not wait to repeal tion that required VA for the first time 1999, I asked the General Accounting the Single Lender rule when we re- to provide extended care services to en- Office to identify the long-term care address the Higher Education Act? As rolled veterans. Section 101 of Public services that are available at each of the close of this school year fast ap- Law 106–117 directed VA to provide VA’s medical centers, and the stand- proaches, and high school graduates nursing home care to any veteran who ards and criteria used by VA to deter- begin making important decisions is in need of such care for a service- mine which veterans may receive these about their educational future, we can- connected condition, or who is 70 per- services. not put off the repeal of the Single cent or more service-connected dis- Lender rule. The effects of maintaining abled. In addition, VA was to have pro- GAO is expected to release their final the Single Lender rule are devastating. vided non-institutional care, such as report on VA long-term care by May 1, In 2001, 143,504 students were forced to respite care, adult day care, home- but their preliminary report confirms pay higher rates on their student loans based primary care, homemaker/home that VA has not made much progress in because the Single Lender rule denied health aide and skilled home health implementing noninstitutional long- them benefits of loan consolidation. care to all enrolled veterans. Without term care services for veterans. Over 3,300 of these students were from extension, both authorities will expire Therefore, I believe it is critical that my home State of Louisiana. We can- in December, 2003. both long-term care authorities, due to not force another class of college stu- Long-term care for veterans has expire in December of this year, be ex- dents to pay more for college than nec- been, and remains, a priority for me. tended for an additional five years, essary. Studies have shown that a And the extension of these services is until December 31, 2008, so that we can major factor influencing a student’s critically important to veterans and be properly evaluate the services and, choice of college and degree program is their families in every State across if need be, make appropriate adjust- the amount of debt connected with the this country. ments.

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.086 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5071 By Mr. BROWNBACK (for him- commissions of the past, the Congress sources of the heritage route. Our leg- self, Mr. MILLER, Mr. ALEX- would consider this legislation on an islation also authorizes up to $10 mil- ANDER, Mr. ALLARD, Mr. ALLEN, expedited basis with a comment period lion to carry out the Act but limits Mr. CORNYN, Mr. ENSIGN, Mr. from the committees of jurisdiction. Federal funding to no more then 50 per- ENZI, Mr. FITZGERALD, Mr. Within the expedited timeframe, the cent of the project’s cost. The bill al- GRAHAM of South Carolina, Mr. Congress would take an up-or-down lows the Secretary to provide assist- INHOFE, Mr. SANTORUM, Mr. vote on the legislation as a whole with- ance for 15 years after the bill is en- THOMAS, and Mr. BUNNING): out amendment. acted. S. 837. A bill to establish a commis- I urge my colleagues to support and Our bill benefits not just the people sion to conduct a comprehensive re- pass this important piece of legisla- of Nevada and Utah, but citizens of all view of Federal agencies and programs tion. States. It highlights an area of out- and to recommend the elimination or standing cultural and natural value realignment of duplicative, wasteful, By Mr. REID (for himself, Mr. and brings people together to celebrate or outdated functions, and for other BENNETT, Mr. ENSIGN, and Mr. values that they can be proud of. I ask purposes; to the Committee on Govern- HATCH): unanimous consent that the text of the mental Affairs. S. 840. A bill to establish the Great bill be printed in the RECORD. Mr. BROWNBACK. Mr. President, I Basin National Heritage Route in the There being no objection, the bill was rise today to introduce the bipartisan States of Nevada and Utah; to the ordered to be printed in the RECORD, as Commission on the Accountability and Committee on Energy and Natural Re- follows: Review of Federal Agencies, CARFA, sources. S. 840 Act. Mr. REID. Mr. President, I rise today Be it enacted by the Senate and House of Rep- We need accountability in Federal for myself, Senator ENSIGN, Senator resentatives of the United States of America in spending. With our Nation at war and HATCH, and Senator BENNETT to intro- Congress assembled, duce this bill, which will establish a SECTION 1. SHORT TITLE. with a recovering economy, the Con- This Act may be cited as the ‘‘Great Basin gress needs to take concrete steps to National Heritage Route in eastern Ne- National Heritage Route Act’’. ensure that hard-earned taxpayer dol- vada and western Utah. SEC. 2. FINDINGS AND PURPOSES. lars are being efficiently used by the National Heritage areas, corridors, (a) FINDINGS.—Congress finds that— Federal Government. and routes are regions in which resi- (1) the natural, cultural, and historic herit- Indeed, few things are more upsetting dents and businesses, as well as local age of the North American Great Basin is na- to my Kansas constituents than to see and tribal governments join together tionally significant; wasteful Federal spending. Kansans in partnership to conserve and cele- (2) communities along the Great Basin often say to me: ‘‘I do not mind paying brate cultural heritage and special Heritage Route (including the towns of landscapes. The Great Basin National Delta, Utah, Ely, Nevada, and the sur- my taxes, but it is infuriating to see rounding communities) are located in a clas- my hard-earned money being poorly Heritage Route includes historic min- sic western landscape that contains long nat- spent by the Federal Government. If I ing camps and ghost towns, Mormon ural vistas, isolated high desert valleys, am going to work hard to earn this and other pioneer settlements, as well mountain ranges, ranches, mines, historic money, I want it spent wisely.’’ These as Native American communities. The railroads, archaeological sites, and tribal are real concerns that need to be ad- Route passes through classic Great communities; dressed. Basin country along the trails of the (3) the Native American, pioneer, ranching, The bipartisan legislation that I in- Pony Express and the Overland Stage. mining, timber, and railroad heritages asso- Cultural resources within the route in- ciated with the Great Basin Heritage Route troduce today with 13 original cospon- include the social history and living cultural sors would help to provide account- clude Native American archaeological traditions of a rich diversity of nationalities; ability to Federal spending by estab- sites dating back to the Fremont Cul- (4) the pioneer, Mormon, and other reli- lishing a commission to review Federal ture. gious settlements, and ranching, timber, and domestic agencies and programs within Our bill will also help highlight some mining activities of the region played and agencies. of the Great Basin’s natural wonders. continue to play a significant role in the de- The Senate is already on record Passing through Millard County, Utah, velopment of the United States, shaped by— strongly supporting this concept and parts of the Duckwater Reserva- (A) the unique geography of the Great through an amendment that I offered tion and White Pine County in Nevada, Basin; (B) an influx of people of Greek, Chinese, to the Senate Budget Resolution. On the Route contains items of great bio- Basque, Serb, Croat, Italian, and Hispanic March 21, the Senate passed S.A. 282 to logical and geological interest. In Ne- descent; and the budget resolution by a voice vote. vada, it encompasses forests of (C) a Native American presence (Western S.A. 282 briefly describes the CARFA bristlecone pine, the oldest living Shoshone, Northern and Southern Paiute, Act, expressing the sense of the Senate things on the earth. In Utah, the Route and Goshute) that continues in the Great that a commission should be estab- includes native Bonneville cutthroat Basin today; lished to review Federal domestic trout as well as other distinctive spe- (5) the Great Basin housed internment agencies and programs within agencies, cies and ecological communities. camps for Japanese-American citizens dur- Designation of the corridor as a Her- ing World War II, 1 of which, Topaz, was lo- and that the commission should submit cated along the Heritage Route; to Congress: (1) recommendations to itage Route will ensure the protection (6) the pioneer heritage of the Heritage realign or eliminate wasteful agencies of key educational and recreational op- Route includes the Pony Express route and and programs within agencies; and (2) portunities in perpetuity without com- stations, the Overland Stage, and many ex- legislation to implement its rec- promising traditional local use of the amples of 19th century exploration of the ommendations. land. The Great Basin National Herit- western United States; The CARFA Act is modeled on suc- age Route will provide a framework for (7) the Native American heritage of the cessful commissions of the past. If en- celebrating Nevada’s and Utah’s rich Heritage Route dates back thousands of historic, archeological, cultural, and years and includes— acted, the 12-member presidentially ap- (A) archaeological sites; pointed commission would conduct a 2- natural resources for both visitors and (B) petroglyphs and pictographs; year review of Federal domestic agen- residents. (C) the westernmost village of the Fremont cies and programs within agencies, The bill will establish a board of di- culture; and using a narrow set of criteria in its re- rectors consisting of local officials (D) communities of Western Shoshone, view. from both counties and tribes to man- Paiute, and Goshute tribes; Upon completion of its evaluation, age the area designated by the route. (8) the Heritage Route contains multiple the commission would submit to Con- The board will develop a management biologically diverse ecological communities gress both its recommendations of plan within 3 years of the bill’s pas- that are home to exceptional species such as— agencies and programs that should be sage, and the Secretary of the Interior (A) bristlecone pines, the oldest living realigned or eliminated, and proposed will enter into a memorandum of un- trees in the world; legislation to implement its rec- derstanding with the Board of Direc- (B) wildlife adapted to harsh desert condi- ommendations. As with successful tors for the management of the re- tions;

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.094 S09PT1 S5072 CONGRESSIONAL RECORD — SENATE April 9, 2003

(C) unique plant communities, lakes, and (b) BOUNDARIES.—The management entity (1) provide for the participation of local streams; and shall determine the specific boundaries of residents, public agencies, and private orga- (D) native Bonneville cutthroat trout; the Heritage Route. nizations located within the counties of Mil- (9) the air and water quality of the Herit- (c) MANAGEMENT ENTITY.— lard County, Utah, White Pine County, Ne- age Route is among the best in the United (1) IN GENERAL.—The Great Basin Heritage vada, and the Duckwater Shoshone Reserva- States, and the clear air permits outstanding Route Partnership shall serve as the man- tion in the protection and development of re- viewing of the night skies; agement entity for the Heritage Route. sources of the Heritage Route, taking into (10) the Heritage Route includes unique (2) BOARD OF DIRECTORS.—The Great Basin consideration State, tribal, county, and local and outstanding geologic features such as Heritage Route Partnership shall be gov- land use plans in existence on the date of en- numerous limestone caves, classic basin and erned by a board of directors that consists actment of this Act; range topography with playa lakes, alluvial of— (2) identify sources of funding; fans, volcanics, cold and hot springs, and rec- (A) 4 members who are appointed by the (3) include— ognizable features of ancient Lake Bonne- Board of County Commissioners for Millard (A) a program for implementation of the ville; County, Utah; management plan by the management enti- (11) the Heritage Route includes an un- (B) 4 members who are appointed by the ty, including— usual variety of open space and recreational Board of County Commissioners for White (i) plans for restoration, stabilization, re- and educational opportunities because of the Pine County, Nevada; and habilitation, and construction of public or great quantity of ranching activity and pub- (C) a representative appointed by each Na- tribal property; and lic land (including city, county, and State tive American Tribe participating in the (ii) specific commitments by the identified parks, national forests, Bureau of Land Man- Heritage Route. partners referred to in section 5(b)(4) for the agement land, and a national park); SEC. 5. MEMORANDUM OF UNDERSTANDING. first 5 years of operation; and (12) there are significant archaeological, (a) IN GENERAL.—In carrying out this Act, (B) an interpretation plan for the Heritage historical, cultural, natural, scenic, and rec- the Secretary, in consultation with the Gov- Route; and reational resources in the Great Basin to ernors of the States of Nevada and Utah and (4) develop a management plan that will merit the involvement of the Federal Gov- the tribal government of each Indian tribe not infringe on private property rights with- ernment in the development, in cooperation participating in the Heritage Route, shall out the consent of the owner of the private with the Great Basin Heritage Route Part- enter into a memorandum of understanding property. with the management entity. nership and other local and governmental (c) FAILURE TO SUBMIT.—If the manage- entities, of programs and projects to— (b) INCLUSIONS.—The memorandum of understanding shall include information relat- ment entity fails to submit a management (A) adequately conserve, protect, and in- plan to the Secretary in accordance with terpret the heritage of the Great Basin for ing to the objectives and management of the Heritage Route, including— subsection (a), the Heritage Route shall no present and future generations; and longer qualify for Federal funding. (B) provide opportunities in the Great (1) a description of the resources of the Basin for education; and Heritage Route; (d) APPROVAL AND DISAPPROVAL OF MAN- (13) the Great Basin Heritage Route Part- (2) a discussion of the goals and objectives AGEMENT PLAN.— nership shall serve as the management enti- of the Heritage Route, including— (1) IN GENERAL.—Not later than 90 days ty for a Heritage Route established in the (A) an explanation of the proposed ap- after receipt of a management plan under Great Basin. proach to conservation, development, and in- subsection (a), the Secretary, in consultation (b) PURPOSES.—The purposes of this Act terpretation; and with the Governors of the States of Nevada are— (B) a general outline of the anticipated and Utah, shall approve or disapprove the (1) to foster a close working relationship protection and development measures; management plan. with all levels of government, the private (3) a description of the management entity; (2) CRITERIA.—In determining whether to sector, and the local communities within (4) a list and statement of the financial approve a management plan, the Secretary White Pine County, Nevada, Millard County, commitment of the initial partners to be in- shall consider whether the management Utah, and the Duckwater Shoshone Reserva- volved in developing and implementing the plan— tion; management plan; and (A) has strong local support from a diver- (2) to enable communities referred to in (5) a description of the role of the States of sity of landowners, business interests, non- paragraph (1) to conserve their heritage Nevada and Utah in the management of the profit organizations, and governments asso- while continuing to develop economic oppor- Heritage Route. ciated with the Heritage Route; (c) ADDITIONAL REQUIREMENTS.—In devel- tunities; and (B) is consistent with and complements oping the terms of the memorandum of un- (3) to conserve, interpret, and develop the continued economic activity along the Herit- derstanding, the Secretary and the manage- archaeological, historical, cultural, natural, age Route; ment entity shall— scenic, and recreational resources related to (C) has a high potential for effective part- (1) provide opportunities for local partici- the unique ranching, industrial, and cultural nership mechanisms; pation; and heritage of the Great Basin, in a manner (D) avoids infringing on private property (2) include terms that ensure, to the max- that promotes multiple uses permitted as of rights; and imum extent practicable, timely implemen- the date of enactment of this Act, without (E) provides methods to take appropriate tation of all aspects of the memorandum of managing or regulating land use. action to ensure that private property rights understanding. are observed. SEC. 3. DEFINITIONS. (d) AMENDMENTS.— (3) ACTION FOLLOWING DISAPPROVAL.—If the In this Act: (1) IN GENERAL.—The Secretary shall re- Secretary disapproves a management plan (1) GREAT BASIN.—The term ‘‘Great Basin’’ view any amendments of the memorandum under paragraph (1), the Secretary shall— means the North American Great Basin. of understanding proposed by the manage- (A) advise the management entity in writ- (2) HERITAGE ROUTE.—The term ‘‘Heritage ment entity or the Governor of the State of ing of the reasons for the disapproval; Route’’ means the Great Basin National Her- Nevada or Utah. (B) make recommendations for revisions to itage Route established by section 4(a). (2) USE OF FUNDS.—Funds made available the management plan; and (3) MANAGEMENT ENTITY.—The term ‘‘man- under this Act shall not be expended to im- (C) not later than 90 days after the receipt agement entity’’ means the Great Basin Her- plement a change made by a proposed of any proposed revision of the management itage Route Partnership established by sec- amendment described in paragraph (1) until plan from the management entity, approve tion 4(c). the Secretary approves the amendment. or disapprove the proposed revision. (4) MANAGEMENT PLAN.—The term ‘‘man- SEC. 6. MANAGEMENT PLAN. (e) IMPLEMENTATION.—On approval of the agement plan’’ means the plan developed by (a) IN GENERAL.—Not later than 3 years management plan as provided in subsection the management entity under section 6(a). after the date of enactment of this Act, the (d)(1), the management entity, in conjunc- (5) SECRETARY.—The term ‘‘Secretary’’ management entity shall develop and submit tion with the Secretary, shall take appro- means the Secretary of the Interior, acting to the Secretary for approval a management through the Director of the National Park plan for the Heritage Route that— priate steps to implement the management Service. (1) specifies— plan. SEC. 4. GREAT BASIN NATIONAL HERITAGE (A) any resources designated by the man- (f) AMENDMENTS.— ROUTE. agement entity under section 4(a); and (1) IN GENERAL.—The Secretary shall re- (a) ESTABLISHMENT.—There is established (B) the specific boundaries of the Heritage view each amendment to the management the Great Basin National Heritage Route to Route, as determined under section 4(b); and plan that the Secretary determines may provide the public with access to certain his- (2) presents clear and comprehensive rec- make a substantial change to the manage- torical, cultural, natural, scenic, and recommendations for the conservation, funding, ment plan. reational resources in White Pine County, management, and development of the Herit- (2) USE OF FUNDS.—Funds made available Nevada, Millard County, Utah, and the age Route. under this Act shall not be expended to im- Duckwater Shoshone Reservation in the (b) CONSIDERATIONS.—In developing the plement an amendment described in para- State of Nevada, as designated by the man- management plan, the management entity graph (1) until the Secretary approves the agement entity. shall— amendment.

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.084 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5073 SEC. 7. AUTHORITY AND DUTIES OF MANAGE- (2) PRIORITY FOR ASSISTANCE.—In providing out of work. And we’ve got millions of MENT ENTITY. assistance under paragraph (1), the Secretary families struggling to make ends meet. (a) AUTHORITIES.—The management entity shall, on request of the management entity, may, for purposes of preparing and imple- The White House believes a new $750 give priority to actions that assist in— billion tax cut for the rich is the solu- menting the management plan, use funds (A) conserving the significant archae- made available under this Act to— ological, historical, cultural, natural, scenic, tion. (1) make grants to, and enter into coopera- and recreational resources of the Heritage I disagree. One way we can put more tive agreements with, a State (including a Route; and money in the pockets of working fami- political subdivision), an Indian tribe, a pri- (B) providing education, interpretive, and lies—pay women what they’re worth. vate organization, or any person; and recreational opportunities, and other uses Nearly 40 years after the Equal Pay (2) hire and compensate staff. consistent with those resources. (b) DUTIES.—In addition to developing the Act became law, women are still paid (b) APPLICATION OF FEDERAL LAW.—The es- management plan, the management entity only 76 cents for every dollar a man tablishment of the Heritage Route shall have shall— earns. no effect on the application of any Federal (1) give priority to implementing the law to any property within the Heritage Working women at all income and memorandum of understanding and the man- Route. education levels are affected by the agement plan, including taking steps to— SEC. 9. LAND USE REGULATION; APPLICABILITY wage gap. Last year, the GAO found (A) assist units of government, regional that the pay gap continues to effect planning organizations, and nonprofit orga- OF FEDERAL LAW. nizations in— (a) LAND USE REGULATION.—Nothing in this women in management and that, for (i) establishing and maintaining interpre- Act— these women, the pay gap has actually tive exhibits along the Heritage Route; (1) modifies, enlarges, or diminishes any widened since 1995. (ii) developing recreational resources along authority of the Federal, State, tribal, or Regardless of education, the impact the Heritage Route; local government to regulate by law (includ- is the same. These women work as hard (iii) increasing public awareness of and ap- ing by regulation) any use of land; or (2) grants any power of zoning or land use as men, but have less money to pay the preciation for the archaeological, historical, bills, to put food on the table, or to cultural, natural, scenic, and recreational re- to the management entity. sources and sites along the Heritage Route; (b) APPLICABILITY OF FEDERAL LAW.—Noth- save for their retirement or their and ing in this Act— child’s education. That is simply wrong (iv) if requested by the owner, restoring, (1) imposes on the Heritage Route, as a re- and it must end. We must close the stabilizing, or rehabilitating any private, sult of the designation of the Heritage wage gap once and for all. public, or tribal historical building relating Route, any regulation that is not applicable First, we need to do a better job by to the themes of the Heritage Route; to the area within the Heritage Route as of enforcing and strengthening the pen- (B) encourage economic viability and di- the date of enactment of this Act; or (2) authorizes any agency to promulgate a alties for the law that demands equal versity along the Heritage Route in accord- pay for equal work. That’s why I sup- ance with the objectives of the management regulation that applies to the Heritage plan; and Route solely as a result of the designation of port the Paycheck Fairness Act, spon- (C) encourage the installation of clear, the Heritage Route under this Act. sored by Senator DASCHLE and Con- consistent, and environmentally appropriate SEC. 10. AUTHORIZATION OF APPROPRIATIONS. gresswoman DELAURO. signage identifying access points and sites of (a) IN GENERAL.—There is authorized to be Another part of discrimination interest along the Heritage Route; appropriated to carry out this Act $10,000,000, against women in the work place is the (2) consider the interests of diverse govern- of which not more than $1,000,000 may be historic pattern of undervaluing and mental, business, and nonprofit groups asso- made available for any fiscal year. underpaying so-called ‘‘women’s jobs.’’ (b) COST SHARING.— ciated with the Heritage Route; Millions of women today working in (3) conduct public meetings in the region of (1) FEDERAL SHARE.—The Federal share of the Heritage Route at least semiannually re- the cost of any activity assisted under this female-dominated jobs—as social work- garding the implementation of the manage- Act shall not exceed 50 percent. ers, teachers, child care workers and ment plan; (2) FORM OF NON-FEDERAL SHARE.—The non- nurses—are ‘‘equivalent’’ in skills, ef- (4) submit substantial amendments (in- Federal share may be in the form of in-kind fort, responsibility and working condi- cluding any increase of more than 20 percent contributions, donations, grants, and loans tions to similar jobs dominated by in the cost estimates for implementation) to from individuals and State or local govern- men. But these women aren’t paid the the management plan to the Secretary for ments or agencies. same as men. approval by the Secretary; and SEC. 11. TERMINATION OF AUTHORITY. That’s what the Fair Pay Act—that (5) for any year for which Federal funds are The authority of the Secretary to provide Congresswoman NORTON and I are re- received under this Act— assistance under this Act terminates on the (A) submit to the Secretary a report that date that is 15 years after the date of enact- introducing today—would address. Un- describes, for the year— ment of this Act. fairly low pay in jobs dominated by (i) the accomplishments of the manage- women is un-American, it is discrimi- ment entity; By Mr. HARKIN (for himself, Ms. natory and our bill would make it ille- (ii) the expenses and income of the man- MIKULSKI, Mr. KENNEDY, Mrs. gal. agement entity; and 20 States have ‘‘fair pay’’ laws and (iii) each entity to which any loan or grant BOXER, Mr. AKAKA, Mr. LEAHY, was made; Mrs. MURRAY, Mr. FEINGOLD, policies in place for their employees, (B) make available for audit all records and Mr. DURBIN): including my State of Iowa. And Iowa pertaining to the expenditure of the funds S. 841. A bill to amend the Fair Labor had a Republican legislature and Gov- and any matching funds; and Standards Act of 1938 to prohibit dis- ernor when this bill passed into law. (C) require, for all agreements authorizing crimination in the payment of wages So, ending wage discrimination against the expenditure of Federal funds by any enti- on account of sex, race, or national ori- women in a nonpartisan issue. ty, that the receiving entity make available gin, and for other purposes; to the Some say we don’t need any more for audit all records pertaining to the expenditure of the funds. Committee on Health, Education, laws; market forces will take care of (c) PROHIBITION ON THE ACQUISITION OF Labor, and Pensions. the wage gap. If we had relied on mar- REAL PROPERTY.—The management entity Mr. HARKIN. Mr. President, on be- ket forces we would have never passed shall not use Federal funds made available half of myself and Senators MURRAY, the Equal Pay Act, the Civil Rights under this Act to acquire real property or KENNEDY, MIKULSKI, DURBIN, LEAHY, Act, the Family Medical Leave Act or any interest in real property. AKAKA, FEINGOLD and BOXER, I am in- the Americans with Disabilities Act. (d) PROHIBITION ON THE REGULATION OF I first introduced the Fair Pay Act in LAND USE.—The management entity shall troducing the Fair Pay Act. not regulate land use within the Heritage April 15, tax day, is also Equal Pay 1996 after the Iowa Business and Pro- Route. Day. If you add what women made last fessional Women alerted me to this SEC. 8. DUTIES AND AUTHORITIES OF FEDERAL year and so far this year, that would be problem. And as long as I’m in the U.S. AGENCIES. the same amount men made in all of Senate I will continue to fight to pass (a) TECHNICAL AND FINANCIAL ASSIST- last year. In other words, it takes this important legislation so we can ANCE.— women 16 months to make what men end wage discrimination against (1) IN GENERAL.—The Secretary may, on request of the management entity, provide make in 12. women once and for all. technical and financial assistance to develop There’s been a lot of tax talk from There being no objection, the bill was and implement the management plan and Congress and the White House lately. ordered to be printed in the RECORD, as memorandum of understanding. We’ve got more than 1 million people follows:

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.084 S09PT1 S5074 CONGRESSIONAL RECORD — SENATE April 9, 2003 S. 841 low wages, thereby reducing the dependence plan, in which employees participate and Be it enacted by the Senate and House of Rep- on public assistance; and that exists for the purpose, in whole or in resentatives of the United States of America in (C) promoting stable families by enabling part, of dealing with employers concerning Congress assembled, working family members to earn a fair rate grievances, labor disputes, wages, rates of SECTION 1. SHORT TITLE AND REFERENCE. of pay. pay, hours of employment, or conditions of (a) SHORT TITLE.—This Act may be cited as SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS. work. the ‘‘Fair Pay Act of 2003’’. (a) AMENDMENT.—Section 6 (29 U.S.C. 206) ‘‘(B) The term ‘equivalent jobs’ means jobs (b) REFERENCE.—Except as provided in sec- is amended by adding at the end the fol- that may be dissimilar, but whose require- tion 8, whenever in this Act an amendment lowing: ments are equivalent, when viewed as a com- or repeal is expressed in terms of an amend- ‘‘(h)(1)(A) Except as provided in subpara- posite of skills, effort, responsibility, and ment to, or repeal of, a section or other pro- graph (B), no employer having employees working conditions.’’. vision, the reference shall be considered to subject to any provision of this section shall (b) CONFORMING AMENDMENT.—Section 13(a) be made to a section or other provision of discriminate, within any establishment in (29 U.S.C. 213(a)) is amended in the matter the Fair Labor Standards Act of 1938 (29 which such employees are employed, be- before paragraph (1) by striking ‘‘section U.S.C. 201 et seq.). tween employees on the basis of sex, race, or 6(d)’’ and inserting ‘‘sections 6(d) and 6(h)’’. SEC. 2. FINDINGS. national origin by paying wages to employ- SEC. 4. PROHIBITED ACTS. Congress finds the following: ees in such establishment in a job that is Section 15(a) (29 U.S.C. 215(a)) is amended— (1) Wage rate differentials exist between dominated by employees of a particular sex, (1) by striking the period at the end of equivalent jobs segregated by sex, race, and race, or national origin at a rate less than paragraph (5) and inserting a semicolon; and national origin in Government employment the rate at which the employer pays wages (2) by adding after paragraph (5) the fol- and in industries engaged in commerce or in to employees in such establishment in an- lowing new paragraphs: the production of goods for commerce. other job that is dominated by employees of ‘‘(6) to discriminate against any individual (2) The existence of such wage rate dif- the opposite sex or of a different race or na- because such individual has opposed any act ferentials— tional origin, respectively, for work on or practice made unlawful by section 6(h) or (A) depresses wages and living standards equivalent jobs. because such individual made a charge, testi- for employees necessary for their health and ‘‘(B) Nothing in subparagraph (A) shall fied, assisted, or participated in any manner efficiency; prohibit the payment of different wage rates in an investigation, proceeding, or hearing to (B) prevents the maximum utilization of to employees where such payment is made enforce section 6(h); or the available labor resources; pursuant to— ‘‘(7) to discharge or in any other manner (C) tends to cause labor disputes, thereby ‘‘(i) a seniority system; discriminate against, coerce, intimidate, burdening, affecting, and obstructing com- ‘‘(ii) a merit system; threaten, or interfere with any employee or merce; ‘‘(iii) a system that measures earnings by any other person because the employee in- (D) burdens commerce and the free flow of quired about, disclosed, compared, or other- goods in commerce; and quantity or quality of production; or wise discussed the employee’s wages or the (E) constitutes an unfair method of com- ‘‘(iv) a differential based on a bona fide fac- wages of any other employee, or because the petition. tor other than sex, race, or national origin, employee exercised, enjoyed, aided, or en- (3) Discrimination in hiring and promotion such as education, training, or experience, couraged any other person to exercise or has played a role in maintaining a seg- except that this clause shall apply only if— enjoy any right granted or protected by sec- regated work force. ‘‘(I) the employer demonstrates that— tion 6(h).’’. (4) Many women and people of color work ‘‘(aa) such factor— in occupations dominated by individuals of ‘‘(AA) is job-related with respect to the po- SEC. 5. REMEDIES. their same sex, race, and national origin. sition in question; or (a) ENHANCED PENALTIES.—Section 16(b) of (5)(A) A General Accounting Office anal- ‘‘(BB) furthers a legitimate business pur- the Fair Labor Standards Act of 1938 (29 ysis of wage rates in the civil service of the pose, except that this item shall not apply if U.S.C. 216(b)) is amended— State of Washington found that in 1985 of the the employee demonstrates that an alter- (1) by inserting after the first sentence the 44 jobs studied that paid less than the aver- native employment practice exists that following: ‘‘Any employer who violates sub- age of all equivalent jobs, approximately 39 would serve the same business purpose with- section (d) or (h) of section 6 shall addition- percent were female-dominated and approxi- out producing such differential and that the ally be liable for such compensatory or puni- mately 16 percent were male dominated. employer has refused to adopt such alter- tive damages as may be appropriate, except (B) A study of wage rates in Minnesota native practice; and that the United States shall not be liable for using 1990 Decennial Census data found that ‘‘(bb) such factor was actually applied and punitive damages.’’; 75 percent of the wage rate differential be- used reasonably in light of the asserted jus- (2) in the sentence beginning ‘‘An action tween white and non-white workers was un- tification; and to’’, by striking ‘‘either of the preceding sen- explained and may be a result of discrimina- ‘‘(II) upon the employer succeeding under tences’’ and inserting ‘‘any of the preceding tion. subclause (I), the employee fails to dem- sentences of this subsection’’; (6) Section 6(d) of the Fair Labor Stand- onstrate that the differential produced by (3) in the sentence beginning ‘‘No employ- ards Act of 1938 prohibits discrimination in the reliance of the employer on such factor ees’’, by striking ‘‘No employees’’ and insert- compensation for ‘‘equal work’’ on the basis is itself the result of discrimination on the ing ‘‘Except with respect to class actions of sex. basis of sex, race, or national origin by the brought under subsection (f), no employee’’; (7) Title VII of the Civil Rights Act of 1964 employer. (4) in the sentence beginning ‘‘The court prohibits discrimination in compensation be- ‘‘(C) The Equal Employment Opportunity in’’, by striking ‘‘in such action’’ and insert- cause of race, color, religion, national origin, Commission shall issue guidelines specifying ing ‘‘in any action brought to recover the li- and sex. The Supreme Court, in its decision criteria for determining whether a job is ability prescribed in any of the preceding in County of Washington v. Gunther, 452 U.S. dominated by employees of a particular sex, sentences of this subsection’’; and 161 (1981), held that title VII’s prohibition race, or national origin. Such guidelines (5) by striking ‘‘section 15(a)(3)’’ each place against discrimination in compensation also shall not include a list of such jobs. it occurs and inserting ‘‘paragraphs (3), (6), applies to jobs that do not constitute ‘‘equal ‘‘(D) An employer who is paying a wage and (7) of section 15(a)’’. work’’ as defined in section 6(d) of the Fair rate differential in violation of subparagraph (b) ACTION BY SECRETARY.—Section 16(c) of Labor Standards Act of 1938. Decisions of (A) shall not, in order to comply with the the Fair Labor Standards Act of 1938 (29 lower courts, however, have demonstrated provisions of such subparagraph, reduce the U.S.C. 216(c)) is amended— that further clarification of existing legisla- wage rate of any employee. (1) in the first sentence— tion is necessary in order effectively to carry ‘‘(2) No labor organization or its agents (A) by inserting ‘‘or, in the case of a viola- out the intent of Congress to implement the representing employees of an employer hav- tion of subsection (d) or (h) of section 6, addi- Supreme Court’s holding in its Gunther deci- ing employees subject to any provision of tional compensatory or punitive damages,’’ sion. this section shall cause or attempt to cause before ‘‘and the agreement’’; and (8) Artificial barriers to the elimination of such an employer to discriminate against an (B) by inserting before the period the fol- discrimination in compensation based upon employee in violation of paragraph (1)(A). lowing: ‘‘, or such compensatory or punitive sex, race, and national origin continue to ‘‘(3) For purposes of administration and en- damages, as appropriate’’; exist more than 3 decades after the passage forcement of this subsection, any amounts (2) in the second sentence, by inserting be- of section 6(d) of the Fair Labor Standards owing to any employee that have been with- fore the period the following: ‘‘and, in the Act of 1938 and the Civil Rights Act of 1964. held in violation of paragraph (1)(A) shall be case of a violation of subsection (d) or (h) of Elimination of such barriers would have deemed to be unpaid minimum wages or un- section 6, additional compensatory or puni- positive effects, including— paid overtime compensation under this sec- tive damages’’; and (A) providing a solution to problems in the tion or section 7. (3) in the third sentence, by striking ‘‘the economy created by discrimination through ‘‘(4) In this subsection: first sentence’’ and inserting ‘‘the first or wage rate differentials; ‘‘(A) The term ‘labor organization’ means second sentence’’. (B) substantially reducing the number of any organization of any kind, or any agency (c) FEES.—Section 16 (29 U.S.C. 216) is working women and people of color earning or employee representation committee or amended by adding at the end the following:

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.092 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5075 ‘‘(f) In any action brought under this sec- tunity Commission shall by regulation make (B) by striking ‘‘206 (a)(1) and (d)’’ and in- tion for violation of section 6(h), the court reasonable provision for the inspection and serting ‘‘206 (a)(1), (d), and (h)’’. shall, in addition to any other remedies examination by any person of the informa- (2) REMEDIES.—Section 203(b) of such Act (2 awarded to the prevailing plaintiff or plain- tion and data contained in any report sub- U.S.C. 1313(b)) is amended by inserting before tiffs, allow expert fees as part of the costs. mitted to the Equal Employment Oppor- the period the following: ‘‘or, in an appro- Any such action may be maintained as a tunity Commission pursuant to subpara- priate case, under section 16(f) of such Act class action as provided by the Federal Rules graph (B). (29 U.S.C. 216(f))’’. of Civil Procedure.’’. ‘‘(E) The Equal Employment Opportunity (b) EXECUTIVE BRANCH EMPLOYEES.— SEC. 6. RECORDS. Commission shall by regulation provide for (1) APPLICATION.—Section 413(a)(1) of title (a) TECHNICAL AMENDMENT.—Section 11(c) the furnishing of copies of reports submitted 3, United States Code, as added by section (29 U.S.C. 211(c)) is amended by inserting to the Equal Employment Opportunity Com- 2(a) of the Presidential and Executive Office ‘‘(1)’’ after ‘‘(c)’’. mission pursuant to subparagraph (B) to any Accountability Act (Public Law 104–331; 110 (b) RECORDS.—Section 11(c) (as amended by person upon payment of a charge based upon Stat. 4053), is amended by striking ‘‘sub- subsection (a)) is further amended by adding the cost of the service. sections (a)(1) and (d) of section 6’’ and in- at the end the following: ‘‘(F) The Equal Employment Opportunity serting ‘‘subsections (a)(1), (d), and (h) of sec- ‘‘(2)(A) Every employer subject to section Commission shall issue rules and regulations tion 6’’. 6(h) shall preserve records that document prescribing the form and content of reports (2) REMEDIES.—Section 413(b) of such title and support the method, system, calcula- required to be submitted under subparagraph is amended by inserting before the period the tions, and other bases used by the employer (B) and such other reasonable rules and regu- following: ‘‘or, in an appropriate case, under in establishing, adjusting, and determining lations as the Equal Employment Oppor- section 16(f) of such Act’’. the wage rates paid to the employees of the tunity Commission may find necessary to SEC. 9. EFFECTIVE DATE. employer. Every employer subject to section prevent the circumvention or evasion of such The amendments made by this Act shall 6(h) shall preserve such records for such peri- reporting requirements. In exercising the au- take effect 1 year after the date of enact- ods of time, and shall make such reports thority of the Equal Employment Oppor- ment of this Act. from the records to the Equal Employment tunity Commission under subparagraph (B), Opportunity Commission, as shall be pre- the Equal Employment Opportunity Com- By Mr. KERRY: scribed by the Equal Employment Oppor- mission may prescribe by general rule sim- S. 842. A bill to amend the Internal tunity Commission by regulation or order as plified reports for employers for whom the Revenue Code of 1986 to provide tax re- necessary or appropriate for the enforcement Equal Employment Opportunity Commission lief for small businesses, and for other of the provisions of section 6(h) or any regu- finds that because of the size of the employ- purposes; to the Committee on Fi- lation promulgated pursuant to section ers a detailed report would be unduly bur- nance. 6(h).’’. densome.’’. Mr. KERRY. Mr. President, today I (c) SMALL BUSINESS EXEMPTIONS.—Section SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL am introducing a package of targeted, 11(c) (as amended by subsections (a) and (b)) ASSISTANCE PROGRAM; REPORT TO is further amended by adding at the end the CONGRESS. affordable tax relief provisions de- following: Section 4(d) (29 U.S.C. 204(d)) is amended signed to help the Nation’s small busi- ‘‘(B)(i) Every employer subject to section by adding at the end the following: nesses during this time of economic 6(h) that has 25 or more employees on any ‘‘(4) The Equal Employment Opportunity stagnation. After the Easter recess, I date during the first or second year after the Commission shall conduct studies and pro- know that the Finance Committee will effective date of this paragraph, or 15 or vide information and technical assistance to be marking up a wide-ranging tax bill more employees on any date during any sub- employers, labor organizations, and the gen- sequent year after such second year, shall, in whose ultimate size is yet to be deter- eral public concerning effective means avail- mined. I also know, however, that few accordance with regulations promulgated by able to implement the provisions of section the Equal Employment Opportunity Com- 6(h) prohibiting wage rate discrimination be- of the proposals offered by the Presi- mission under subparagraph (F), prepare and tween employees performing work in equiva- dent will truly stimulate the economy submit to the Equal Employment Oppor- lent jobs on the basis of sex, race, or na- or help the millions of struggling small tunity Commission for the year involved a tional origin. Such studies, information, and businesses. Instead, the Bush tax pro- report signed by the president, treasurer, or technical assistance shall be based on and in- posal will reward the richest among us corresponding principal officer, of the em- clude reference to the objectives of such sec- and pass the bill to our children. We ployer that includes information that dis- tion to eliminate such discrimination. In can and must do better. closes the wage rates paid to employees of order to achieve the objectives of such sec- the employer in each classification, position, As the Ranking Member of the Sen- tion, the Equal Employment Opportunity ate Committee on Small Business and or job title, or to employees in other wage Commission shall carry on a continuing pro- groups employed by the employer, including gram of research, education, and technical Entrepreneurship, I have drafted legis- information with respect to the sex, race, assistance including— lation that will truly help small busi- and national origin of employees at each ‘‘(A) conducting and promoting research nesses and the Nation. It is a tax pro- wage rate in each classification, position, job with the intent of developing means to expe- posal with meaningful, affordable re- title, or other wage group.’’. ditiously correct the wage rate differentials forms that will make a difference with- (d) PROTECTION OF CONFIDENTIALITY.—Sec- described in section 6(h); out sticking our kids with a huge bill. tion 11(c) (as amended by subsections (a) ‘‘(B) publishing and otherwise making through (c)) is further amended by adding at I hope that all of part of this legisla- available to employers, labor organizations, tion can be incorporated into a Senate the end the following: professional associations, educational insti- ‘‘(ii) The rules and regulations promul- tutions, the various media of communica- economic stimulus package. I have ti- gated by the Equal Employment Opportunity tion, and the general public the findings of tled the bill that I am introducing Commission under subparagraph (F), relat- studies and other materials for promoting today ‘‘The Affordable Small Business ing to the form of such a report, shall in- compliance with section 6(h); Stimulus and Simplification Act of clude requirements to protect the confiden- ‘‘(C) sponsoring and assisting State and tiality of employees, including a require- 2003,’’ and it builds upon a bill that I community informational and educational ment that the report shall not contain the introduced in the 107th Congress. programs; and name of any individual employee.’’. I call my bill an ‘‘affordable’’ stim- ‘‘(D) providing technical assistance to em- (e) USE; INSPECTIONS; EXAMINATIONS; REGU- ulus package for small business be- ployers, labor organizations, professional as- LATIONS.—Section 11(c) (as amended by sub- cause it targets the policies that can sociations and other interested persons on sections (a) through (d)) is further amended make the biggest difference and uses by adding at the end the following: means of achieving and maintaining compliance with the provisions of section 6(h). our limited resources as wisely and ef- ‘‘(C) The Equal Employment Opportunity ficiently as possible. It does not in- Commission may publish any information ‘‘(5) The report submitted biennially by the and data that the Equal Employment Oppor- Secretary to Congress under paragraph (1) clude everything that I would like to tunity Commission obtains pursuant to the shall include a separate evaluation and ap- do for small business, but it includes provisions of subparagraph (B). The Equal praisal regarding the implementation of sec- enough to help stimulate this essential Employment Opportunity Commission may tion 6(h).’’. component of our economy. Moreover, use the information and data for statistical SEC. 8. CONFORMING AMENDMENTS. the bill will help address the tax com- and research purposes, and compile and pub- (a) CONGRESSIONAL EMPLOYEES.— plexity concerns of small businesses lish such studies, analyses, reports, and sur- (1) APPLICATION.—Section 203(a)(1) of the because it includes the Single Point Congressional Accountability Act of 1995 (2 veys based on the information and data as Tax Filing Act that has passed the the Equal Employment Opportunity Com- U.S.C. 1313(a)(1)) is amended— mission may consider appropriate. (A) by striking ‘‘subsections (a)(1) and (d) Senate on two previous occasions and a ‘‘(D) In order to carry out the purposes of of section 6’’ and inserting ‘‘subsections new standard deduction that will ben- this Act, the Equal Employment Oppor- (a)(1), (d), and (h) of section 6’’; and efit millions of small businesses.

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.092 S09PT1 S5076 CONGRESSIONAL RECORD — SENATE April 9, 2003 Let me briefly explain the contents surance expenses for the self-employed. small business investment companies, of my bill. Under current law, these expenses are or SBICs, so they are less likely to cre- First, my bill increases the expensing fully deductible in 2003 for the first ate unrelated business taxable income, limitation for small businesses. It time—but the Internal Revenue Code UBTI, liability. The current tax treat- raises it to $35,000, rising to $40,000 in denies the deduction to taxpayers who ment of money borrowed from the gov- 2008, and it increases the phase-out are eligible to participate in another ernment by a debenture SBIC creates level, above which expensing is not al- plan, such as their spouse’s employer’s taxable income for an otherwise tax- lowed, to $350,000, rising to $400,000 in plan. My bill would clarify that the de- exempt investor, which makes it al- 2008. I know that others have proposed duction is denied only if the taxpayer most impossible to raise capital from raising this limit as high as $75,000, but actually participates in the other plan. these investors. Free to choose, tax-ex- such an increase is simply unaffordable Sixth, to simplify tax filing, my bill empt investors opt to invest in venture while we face huge budget deficits. would include the Single Point Tax Fil- capital funds that do not create any Raising it to $35,000 now, rising to ing Act. This section would simplify UBTI liability. Therefore, my bill $40,000 in 2008, is a more responsible ap- the tax filing process for employers would assure that money borrowed proach and will provide an immediate that choose to participate by allowing from the government by an SBIC does investment incentive to many small the Internal Revenue Service and State not subject tax-exempt investors to businesses. agencies to combine, on one form, both UBTI. In so doing, the bill would en- Second, my bill creates a new stand- State and Federal employment tax re- courage greater investment in SBICs, ard deduction of $500 for sole propri- turns. This provision has been passed which provide critically needed ven- etorships. This provision provides tax by the Senate twice before, but has not ture capital to emerging small busi- relief and real tax simplification to the yet become law. There is currently a nesses. These venture capital funds are smallest of small businesses because it demonstration project along these would relieve these businesses of the lines in Montana, which is working sorely needed in today’s stalled econ- paperwork burden of having to itemize very well. I believe such authority omy. the myriad of small expenses on IRS should extend to all States. I believe that ‘‘The Affordable Small forms. Of course, businesses with ex- Seventh, my bill clarifies that mar- Business Stimulus and Stimulus Act of penses greater than $500 would retain ried couples who co-own a business can 2003’’ will provide a much-needed stim- the option of full itemization. But for elect to be sole proprietors for purposes ulus to small business in a way that we the very smallest businesses, many of of filing their Federal income taxes. can afford, particularly if we can find them home-based or part-time, this This provision aligns the law with the offsets to pay for the bill. I look for- new provision will be a significant step way many married couples actually do ward to working with the Chairman towards tax simplification. business. Under present law, married and Ranking Member of the Finance Third, the bill modifies and expands a couples who co-own a business tech- Committee to have some or all of its provision that was signed into law in nically own that business as a partner- provisions enacted into law. 1993 regarding new equity investments ship for Federal income tax purposes. By Mr. CARPER (for himself, Mr. in small businesses’ stock. Under my This treatment carries with it all the CHAFEE, and Mr. GREGG): bill, new investments in companies complications of the partnership provi- S. 843. A bill to amend the Clean Air with capitalization of up to $100 mil- sions of the Internal Revenue Code, in- Act to establish a national uniform lion at the time of investment will cluding having to file partnership re- multiple air pollutant regulatory pro- have a 75 percent capital gains exclu- turns. But in reality, many married gram for the electric generating sector; sion if the investments are held at couples in this situation consider least four years. The exclusion for such themselves sole proprietors and are in- to the Committee on Environment and investments will be 100 percent if they correctly filing tax returns as such. Public Works. Mr. CARPER. Mr. President, today are made in a business involved in such While the IRS may not be strictly en- along with Senators LINCOLN CHAFEE critical technologies as transportation forcing the law against these tax- or homeland security, defense-related payers, this technical non-compliance and JUDD GREGG, I am introducing technologies, anti-terrorism, pollution can cause trouble down the road. Upon comprehensive legislation to reduce control, energy efficiency, or waste divorce, for example, it may not be harmful emissions from our Nation’s management. The 100-percent exclu- clear that the business had been jointly power plants. Developed after extensive sion would also be allowed for invest- owned. This same ambiguity might input from electric generators who ments in specialized small business in- complicate a spouse’s ability to get the would be affected by such legislation, vestment companies, or SSBICs, whose full Social Security and Medicare bene- leaders in the environmental commu- investments are made solely in dis- fits to which they are entitled. My bill nity, and State and local regulators advantaged small businesses. Both the makes clear that for Federal income who will enforce any new require- 75 and 100 percent exclusion levels tax purposes, married couples who co- ments, the Clean Air Planning Act is a would be available for investments own a business can be treated as sole balanced approach to a difficult chal- made by both individuals and corpora- proprietors. lenge. tions. In addition, the rollover period Eighth, my bill would extend the ex- The Clean Air Planning Act takes a for such investments would be in- isting income averaging provisions to market-based approach that would ag- creased from 60 days to 180 days. The cover fishing as well as farming. In gressively reduce electric power gen- provision passed in 1993 was crafted too other words, the choice to average in- erators’ emissions of sulfur dioxide, narrowly to stimulate substantial new come from a farming trade or business SO2, by 80 percent, nitrogen oxides, investment. I hope that this new, ex- under present law would be extended to NOX, by 69 percent, mercury by 80 per- panded capital gains treatment will cover income from the trade or busi- cent, and return carbon dioxide, CO2, prompt new investments in small and ness of fishing as well. Under my bill, a emissions to 2001 levels within a dec- entrepreneurial businesses. farmer or fisherman electing to aver- ade. It provides planning and regu- Fourth, my bill recognizes that the age his or her income would owe the al- latory certainty to electric generators current depreciation schedules for ternative minimum tax, AMT, only to who would be required to achieve these high-tech equipment and software are the extent he or she would have owed regulations. out of date, given how quickly such AMT had averaging not been elected. The negative public health and envi- items become obsolete in our fast- This is an important change that will ronmental impacts of SO2, NOX and changing economy. My bill would re- benefit not only people in my state, mercury emissions have been well doc- duce the recovery period for computers but also throughout New England, the umented. While there is bipartisan or peripheral equipment from five Pacific Northwest, the Gulf of Mexico agreement that emissions of these years to three, and for software from region, Alaska, and in other areas of three pollutants from power plants three years to two. This change would the country where fishing is an impor- need further control, there is disagree- be permanent. tant industry. ment over how much and how fast. The Fifth, my bill would fix a problem Finally, my bill would modify the tax bill includes a flexible trading system with the tax deductibility of health in- treatment of investments in debenture that allows for attainment of the caps

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.059 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5077 in the most efficient manner and up- Sec. 3. Integrated air quality planning for ‘‘Sec. 704. Carbon dioxide allowance trading dates the new source review program the electric generating sector. program. Sec. 4. New source review program. to help encourage emission reductions Sec. 5. Revisions to sulfur dioxide allowance ‘‘SEC. 701. DEFINITIONS. to occur. program. ‘‘In this title: There is also a growing consensus Sec. 6. Air quality forecasts and warnings. ‘‘(1) AFFECTED UNIT.— Sec. 7. Relationship to other law. that greenhouse gases such as CO2 ‘‘(A) MERCURY.—The term ‘affected unit’, emissions from power plants are con- SEC. 2. FINDINGS AND PURPOSES. with respect to mercury, means a coal-fired tributing to climate change. The time (a) FINDINGS.—Congress finds that— electric generating facility (including a co- has come to set up mechanisms that (1) fossil fuel-fired electric generating fa- generating facility) that— cilities, consisting of facilities fueled by will address these emissions without ‘‘(i) has a nameplate capacity greater than coal, fuel oil, and natural gas, produce near- 25 megawatts; and impeding economic growth. The Clean 2 ly ⁄3 of the electricity generated in the ‘‘(ii) generates electricity for sale. Air Planning Act establishes modest United States; ‘‘(B) NITROGEN OXIDES AND CARBON DIOX- (2) fossil fuel-fired electric generating fa- goal of capping CO2 emissions from IDE.—The term ‘affected unit’, with respect 2⁄3 of the total electrical generators at 2001 levels by cilities produce approximately to nitrogen oxides and carbon dioxide, means sulfur dioxide emissions, 1⁄3 of the total ni- 2013. Generators could meet that goal a fossil fuel-fired electric generating facility trogen oxides emissions, 1⁄3 of the total car- with a flexible system that allows both (including a cogenerating facility) that— bon dioxide emissions, and 1⁄3 of the total ‘‘(i) has a nameplate capacity greater than trading between generators and earn- mercury emissions, in the United States; 25 megawatts; and ing credits through off-system reduc- (3)(A) many electric generating facilities ‘‘(ii) generates electricity for sale. tions of greenhouse gases. have been exempt from the emission limita- ‘‘(C) SULFUR DIOXIDE.—The term ‘affected Today, America’s power plants will tions applicable to new units based on the unit’, with respect to sulfur dioxide, has the expectation that over time the units would emit over 6 million tons of harmful meaning given the term in section 402. be retired or updated with new pollution con- emissions. They will also power the ‘‘(2) CARBON DIOXIDE ALLOWANCE.—The trol equipment; but world’s most productive economy. Re- term ‘carbon dioxide allowance’ means an (B) many of the exempted units continue ducing emissions while retaining af- authorization allocated by the Adminis- to operate and emit pollutants at relatively trator under this title to emit 1 ton of car- fordable electricity is the goal of the high rates; bon dioxide during or after a specified cal- Clean Air Planning Act, and I urge oth- (4) pollution from existing electric gener- endar year. ers to join in this effort. ating facilities can be reduced through adop- ‘‘(3) COVERED UNIT.—The term ‘covered In the months ahead, this clean air tion of modern technologies and practices; unit’ means— (5) the electric generating industry is being bill and others will be compared and ‘‘(A) an affected unit; restructured with the objective of providing debated. Opponents and supporters will ‘‘(B) a nuclear generating unit with respect lower electricity rates and higher quality be heard, but at the outset I believe we to incremental nuclear generation; and service to consumers; should agree on a set of guiding prin- ‘‘(C) a renewable energy unit. (6) the full benefits of competition will not ‘‘(4) GREENHOUSE GAS.—The term ‘green- ciples. be realized if the environmental impacts of house gas’ means— Four is better than three: A com- generation of electricity are not uniformly ‘‘(A) carbon dioxide; prehensive four-emission strategy that internalized; and ‘‘(B) methane; includes carbon reductions provides (7) the ability of owners of electric gener- ‘‘(C) nitrous oxide; ating facilities to effectively plan for the fu- regulatory certainty and offers the ‘‘(D) hydrofluorocarbons; ture is impeded by the uncertainties sur- greatest environmental and economic ‘‘(E) perfluorocarbons; and rounding future environmental regulatory benefits. ‘‘(F) sulfur hexafluoride. requirements that are imposed inefficiently Markets work: Cape and trade based ‘‘(5) INCREMENTAL NUCLEAR GENERATION.— on a piecemeal basis. The term ‘incremental nuclear generation’ emission standards provide the max- (b) PURPOSES.—The purposes of this Act imum incentive to achieve cleaner are— means the difference between— power. (1) to protect and preserve the environ- ‘‘(A) the quantity of electricity generated Stairs are better than cliffs: Prompt ment and safeguard public health by ensur- by a nuclear generating unit in a calendar ing that substantial emission reductions are year; and but gradual reductions through multi- ‘‘(B) the quantity of electricity generated phase or declining caps are more desir- achieved at fossil fuel-fired electric generating facilities; by the nuclear generating unit in calendar able than single phased cuts. year 1990; Eliminate redundancy: Existing regu- (2) to significantly reduce the quantities of mercury, carbon dioxide, sulfur dioxide, and as determined by the Administrator and latory programs will need some mod- nitrogen oxides that enter the environment measured in megawatt hours. ernization in light of tight emission as a result of the combustion of fossil fuels; ‘‘(6) MERCURY ALLOWANCE.—The term ‘mer- caps. (3) to encourage the development and use cury allowance’ means an authorization allo- Clean air is a basic right all Ameri- of renewable energy; cated by the Administrator under this title cans deserve. The responsibility to en- (4) to internalize the cost of protecting the to emit 1 pound of mercury during or after a sure that right falls to Congress and values of public health, air, land, and water specified calendar year. the President. By putting our dif- quality in the context of a competitive mar- ‘‘(7) NEW RENEWABLE ENERGY UNIT.—The term ‘new renewable energy unit’ means a ferences aside and focusing on the chal- ket in electricity; (5) to ensure fair competition among par- renewable energy unit that has operated for lenge at hand the result will be healthy ticipants in the competitive market in elec- a period of not more than 3 years. citizens breathing clean air, a vibrant tricity that will result from fully restruc- ‘‘(8) NEW UNIT.—The term ‘new unit’ means economy with abundant affordable turing the electric generating industry; an affected unit that has operated for not electricity, and a model for the rest of (6) to provide a period of environmental more than 3 years and is not eligible to re- the world to follow. regulatory stability for owners and operators ceive— I ask unanimous consent that the of electric generating facilities so as to pro- ‘‘(A) sulfur dioxide allowances under sec- text of the bill be printed in the mote improved management of existing as- tion 417(b); sets and new capital investments; and ‘‘(B) nitrogen oxide allowances or mercury RECORD. (7) to achieve emission reductions from allowances under section 703(c)(2); or There being no objection, the bill was electric generating facilities in a cost-effec- ‘‘(C) carbon dioxide allowances under sec- ordered to be printed in the RECORD, as tive manner. tion 704(c)(2). follows: SEC. 3. INTEGRATED AIR QUALITY PLANNING ‘‘(9) NITROGEN OXIDE ALLOWANCE.—The S. 843 FOR THE ELECTRIC GENERATING term ‘nitrogen oxide allowance’ means an SECTOR. authorization allocated by the Adminis- Be it enacted by the Senate and House of Rep- The Clean Air Act (42 U.S.C. 7401 et seq.) is trator under this title to emit 1 ton of nitro- resentatives of the United States of America in amended by adding at the end the following: gen oxides during or after a specified cal- Congress assembled, ‘‘TITLE VII—INTEGRATED AIR QUALITY endar year. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. PLANNING FOR THE ELECTRIC GENER- ‘‘(10) NUCLEAR GENERATING UNIT.—The term (a) SHORT TITLE.—This Act may be cited as ATING SECTOR ‘nuclear generating unit’ means an electric the ‘‘Clean Air Planning Act of 2003’’. ‘‘Sec. 701. Definitions. generating facility that— (b) TABLE OF CONTENTS.—The table of con- ‘‘Sec. 702. National pollutant tonnage limi- ‘‘(A) uses nuclear energy to supply elec- tents of this Act is as follows: tations. tricity to the electric power grid; and Sec. 1. Short title; table of contents. ‘‘Sec. 703. Nitrogen oxide and mercury al- ‘‘(B) commenced operation in calendar Sec. 2. Findings and purposes. lowance trading programs. year 1990 or earlier.

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‘‘(11) RENEWABLE ENERGY.—The term ‘re- ‘‘(ii) an annual output-based emission rate grams under this section, including require- newable energy’ means electricity generated for mercury that shall be determined by the ments concerning— from— Administrator. ‘‘(i)(I) the generation, allocation, issuance, ‘‘(A) wind; ‘‘(d) CARBON DIOXIDE.—Subject to section recording, tracking, transfer, and use of ni- ‘‘(B) organic waste (excluding incinerated 704(d), the annual tonnage limitation for trogen oxide allowances and mercury allow- municipal solid waste); emissions of carbon dioxide from covered ances; and ‘‘(C) biomass (including anaerobic diges- units in the United States shall be equal to— ‘‘(II) the public availability of all information from farm systems and landfill gas re- ‘‘(1) for each of calendar years 2009 through tion concerning the activities described in covery); 2012, the quantity of emissions projected to subclause (I) that is not confidential; ‘‘(D) fuel cells; or be emitted from affected units in calendar ‘‘(ii) compliance with subsection (e)(1); ‘‘(E) a hydroelectric, geothermal, solar year 2006, as determined by the Energy Infor- ‘‘(iii) the monitoring and reporting of thermal, photovoltaic, or other nonfossil mation Administration of the Department of emissions under paragraphs (2) and (3) of sub- fuel, nonnuclear source. Energy based on the projections of the Ad- section (e); and ‘‘(12) RENEWABLE ENERGY UNIT.—The term ministration the publication of which most ‘‘(iv) excess emission penalties under sub- ‘renewable energy unit’ means an electric closely precedes the date of enactment of section (e)(4). generating facility that uses exclusively re- this title; and ‘‘(2) MIXED FUEL, CO-GENERATION FACILITIES newable energy to supply electricity to the ‘‘(2) for calendar year 2013 and each cal- AND COMBINED HEAT AND POWER FACILITIES.— electric power grid. endar year thereafter, the quantity of emis- The Administrator shall promulgate such ‘‘(13) SEQUESTRATION.—The term ‘seques- sions emitted from affected units in calendar regulations as are necessary to ensure the tration’ means the action of sequestering year 2001, as determined by the Energy Infor- equitable issuance of allowances to— carbon by— mation Administration of the Department of ‘‘(A) facilities that use more than 1 energy ‘‘(A) enhancing a natural carbon sink (such Energy. source to produce electricity; and as through afforestation); or ‘‘(e) REVIEW OF ANNUAL TONNAGE LIMITA- ‘‘(B) facilities that produce electricity in ‘‘(B)(i) capturing the carbon dioxide emit- TIONS.— addition to another service or product. ted from a fossil fuel-based energy system; ‘‘(1) PERIOD OF EFFECTIVENESS.—The an- ‘‘(3) REPORT TO CONGRESS ON USE OF CAP- and nual tonnage limitations established under TURED OR RECOVERED MERCURY.— ‘‘(ii)(I) storing the carbon in a geologic for- subsections (a) through (d) shall remain in ‘‘(A) IN GENERAL.—Not later than 18 mation; or effect until the date that is 20 years after the months after the date of enactment of this ‘‘(II) converting the carbon to a benign date of enactment of this title. title, the Administrator shall submit to Con- solid material through a biological or chem- ‘‘(2) DETERMINATION BY ADMINISTRATOR.— gress a report on the public health and envi- ical process. Not later than 15 years after the date of en- ronmental impacts from mercury that is or ‘‘(14) SULFUR DIOXIDE ALLOWANCE.—The actment of this title, the Administrator, may be— term ‘sulfur dioxide allowance’ has the after considering impacts on human health, ‘‘(i) captured or recovered by air pollution meaning given the term ‘allowance’ in sec- the environment, the economy, and costs, control technology; and tion 402. shall determine whether 1 or more of the an- ‘‘(ii) incorporated into products such as ‘‘SEC. 702. NATIONAL POLLUTANT TONNAGE LIMI- nual tonnage limitations should be revised. soil amendments and cement. TATIONS. ‘‘(3) DETERMINATION NOT TO REVISE.—If the ‘‘(B) REQUIRED ELEMENTS.—The report ‘‘(a) SULFUR DIOXIDE.—The annual tonnage Administrator determines under paragraph shall— limitation for emissions of sulfur dioxide (2) that none of the annual tonnage limita- ‘‘(i) review— from affected units in the United States tions should be revised, the Administrator ‘‘(I) technologies, in use as of the date of shall be equal to— shall publish in the Federal Register a notice the report, for incorporating mercury into ‘‘(1) for each of calendar years 2009 through of the determination and the reasons for the products; and 2012, 4,500,000 tons; determination. ‘‘(II) potential technologies that might fur- ‘‘(2) for each of calendar years 2013 through ‘‘(4) DETERMINATION TO REVISE.— ther minimize the release of mercury; and 2015, 3,500,000 tons; and ‘‘(A) IN GENERAL.—If the Administrator de- ‘‘(ii)(I) address the adequacy of legal au- ‘‘(3) for calendar year 2016 and each cal- termines under paragraph (2) that 1 or more thorities and regulatory programs in effect endar year thereafter, 2,250,000 tons. of the annual tonnage limitations should be as of the date of the report to protect public ‘‘(b) NITROGEN OXIDES.—The annual ton- revised, the Administrator shall publish in health and the environment from mercury in nage limitation for emissions of nitrogen ox- the Federal Register— products described in subparagraph (A)(ii); ides from affected units in the United States ‘‘(i) not later than 15 years and 180 days and shall be equal to— after the date of enactment of this title, pro- ‘‘(II) to the extent necessary, make rec- ‘‘(1) for each of calendar years 2009 through posed regulations implementing the revi- ommendations to improve those authorities 2012, 1,870,000 tons; and sions; and and programs. ‘‘(2) for calendar year 2013 and each cal- ‘‘(ii) not later than 16 years and 180 days ‘‘(b) NEW UNIT RESERVES.— endar year thereafter, 1,700,000 tons. after the date of enactment of this title, ‘‘(1) ESTABLISHMENT.—The Administrator ‘‘(c) MERCURY.— final regulations implementing the revi- shall establish by regulation a reserve of ni- ‘‘(1) IN GENERAL.—The annual tonnage lim- sions. trogen oxide allowances and a reserve of itation for emissions of mercury from af- ‘‘(B) EFFECTIVE DATE OF REVISIONS.—Any mercury allowances to be set aside for use by fected units in the United States shall be revisions to the annual tonnage limitations new units. equal to— under subparagraph (A) shall take effect on ‘‘(2) DETERMINATION OF QUANTITY.—The Ad- ‘‘(A) for each of calendar years 2009 the date that is 20 years after the date of en- ministrator, in consultation with the Sec- through 2012, 24 tons; and actment of this title. retary of Energy, shall determine, based on ‘‘(B) for calendar year 2013 and each cal- ‘‘(f) REDUCTION OF EMISSIONS FROM SPECI- projections of electricity output for new endar year thereafter, 10 tons. FIED AFFECTED UNITS.—Subject to the re- units— ‘‘(2) MAXIMUM EMISSIONS OF MERCURY FROM quirements of this Act concerning national ‘‘(A) not later than June 30, 2005, the quan- EACH AFFECTED UNIT.— ambient air quality standards established tity of nitrogen oxide allowances and mer- ‘‘(A) CALENDAR YEARS 2009 THROUGH 2012.— under part A of title I, notwithstanding the cury allowances required to be held in re- For each of calendar years 2009 through 2012, annual tonnage limitations established serve for new units for each of calendar years the emissions of mercury from each affected under this section, the Federal Government 2009 through 2013; and unit shall not exceed either, at the option of or a State government may require that ‘‘(B) not later than June 30 of each fifth the operator of the affected unit— emissions from a specified affected unit be calendar year thereafter, the quantity of ni- ‘‘(i) 50 percent of the total quantity of mer- reduced to address a local air quality prob- trogen oxide allowances and mercury allow- cury present in the coal delivered to the af- lem. ances required to be held in reserve for new fected unit in the calendar year; or ‘‘SEC. 703. NITROGEN OXIDE AND MERCURY AL- units for the following 5-calendar year pe- ‘‘(ii) an annual output-based emission rate LOWANCE TRADING PROGRAMS. riod. for mercury that shall be determined by the ‘‘(a) REGULATIONS.— ‘‘(c) NITROGEN OXIDE AND MERCURY ALLOW- Administrator based on an input-based rate ‘‘(1) PROMULGATION.— ANCE ALLOCATIONS.— of 4 pounds per trillion British thermal ‘‘(A) IN GENERAL.—Not later than January ‘‘(1) TIMING OF ALLOCATIONS.—The Adminis- units. 1, 2005, the Administrator shall promulgate trator shall allocate nitrogen oxide allow- ‘‘(B) CALENDAR YEAR 2013 AND THERE- regulations to establish for affected units in ances and mercury allowances to affected AFTER.—For calendar year 2013 and each cal- the United States— units— endar year thereafter, the emissions of mer- ‘‘(i) a nitrogen oxide allowance trading ‘‘(A) not later than December 31, 2005, for cury from each affected unit shall not ex- program; and calendar year 2009; and ceed— ‘‘(ii) a mercury allowance trading program. ‘‘(B) not later than December 31 of cal- ‘‘(i) 30 percent of the total quantity of mer- ‘‘(B) REQUIREMENTS.—Regulations promul- endar year 2006 and each calendar year there- cury present in the coal delivered to the af- gated under subparagraph (A) shall establish after, for the fourth calendar year that be- fected unit in the calendar year; or requirements for the allowance trading pro- gins after that December 31.

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‘‘(2) ALLOCATIONS TO AFFECTED UNITS THAT ‘‘(B) provide that unused nitrogen oxide al- ‘‘(i) pay an excess emissions penalty deter- ARE NOT NEW UNITS.— lowances and mercury allowances may be mined under subparagraph (B); and ‘‘(A) QUANTITY OF NITROGEN OXIDE ALLOW- carried forward and added to nitrogen oxide ‘‘(ii) offset the excess emissions by an ANCES ALLOCATED.—The Administrator shall allowances and mercury allowances, respec- equal quantity in the following calendar allocate to each affected unit that is not a tively, allocated for subsequent years; and year or such other period as the Adminis- new unit a quantity of nitrogen oxide allow- ‘‘(C) provide that unused nitrogen oxide al- trator shall prescribe. ances that is equal to the product obtained lowances and mercury allowances may be ‘‘(B) DETERMINATION OF EXCESS EMISSIONS by multiplying— transferred by— PENALTY.— ‘‘(i) 1.5 pounds of nitrogen oxides per mega- ‘‘(i) the person to which the allowances are ‘‘(i) NITROGEN OXIDES.—The excess emis- watt hour; and allocated; or sions penalty for nitrogen oxides shall be ‘‘(ii) the quotient obtained by dividing— ‘‘(ii) any person to which the allowances equal to the product obtained by multi- ‘‘(I) the average annual net quantity of are transferred. plying— electricity generated by the affected unit ‘‘(2) USE BY PERSONS TO WHICH ALLOWANCES ‘‘(I) the number of tons of nitrogen oxides during the most recent 3-calendar year pe- ARE TRANSFERRED.—Any person to which ni- emitted in excess of the total quantity of ni- riod for which data are available, measured trogen oxide allowances or mercury allow- trogen oxide allowances held; and in megawatt hours; by ances are transferred under paragraph ‘‘(II) $5,000, adjusted (in accordance with ‘‘(II) 2,000 pounds of nitrogen oxides per (1)(C)— regulations promulgated by the Adminis- ton. ‘‘(A) may use the nitrogen oxide allow- trator) for changes in the Consumer Price ‘‘(B) QUANTITY OF MERCURY ALLOWANCES ances or mercury allowances in the calendar Index for All-Urban Consumers published by ALLOCATED.—The Administrator shall allo- year for which the nitrogen oxide allowances the Department of Labor. cate to each affected unit that is not a new or mercury allowances were allocated, or in ‘‘(ii) MERCURY.—The excess emissions pen- unit a quantity of mercury allowances that a subsequent calendar year, to demonstrate alty for mercury shall be equal to the prod- is equal to the product obtained by multi- compliance with subsection (e)(1); or uct obtained by multiplying— plying— ‘‘(B) may transfer the nitrogen oxide al- ‘‘(I) the number of pounds of mercury emit- ‘‘(i) 0.0000227 pounds of mercury per mega- lowances or mercury allowances to any other ted in excess of the total quantity of mer- watt hour; and person for the purpose of demonstration of cury allowances held; and ‘‘(ii) the average annual net quantity of that compliance. ‘‘(II) $10,000, adjusted (in accordance with electricity generated by the affected unit ‘‘(3) CERTIFICATION OF TRANSFER.—A trans- regulations promulgated by the Adminis- during the most recent 3-calendar year pe- fer of a nitrogen oxide allowance or mercury trator) for changes in the Consumer Price riod for which data are available, measured allowance shall not take effect until a writ- Index for All-Urban Consumers published by in megawatt hours. ten certification of the transfer, authorized the Department of Labor. ‘‘(C) ADJUSTMENT OF ALLOCATIONS.— by a responsible official of the person mak- ‘‘SEC. 704. CARBON DIOXIDE ALLOWANCE TRAD- ‘‘(i) IN GENERAL.—If, for any calendar year, ing the transfer, is received and recorded by ING PROGRAM. the total quantity of allowances allocated the Administrator. ‘‘(a) REGULATIONS.— under subparagraph (A) or (B) is not equal to ‘‘(4) PERMIT REQUIREMENTS.—An allocation ‘‘(1) IN GENERAL.—Not later than January the applicable quantity determined under or transfer of nitrogen oxide allowances or 1, 2005, the Administrator shall promulgate clause (ii), the Administrator shall adjust mercury allowances to an affected unit shall, regulations to establish a carbon dioxide al- the quantity of allowances allocated to af- after recording by the Administrator, be con- lowance trading program for covered units in fected units that are not new units on a pro- sidered to be part of the federally enforce- the United States. rata basis so that the quantity is equal to able permit of the affected unit under this ‘‘(2) REQUIRED ELEMENTS.—Regulations the applicable quantity determined under Act, without a requirement for any further promulgated under paragraph (1) shall estab- clause (ii). review or revision of the permit. lish requirements for the carbon dioxide al- ‘‘(ii) APPLICABLE QUANTITY.—The applica- ‘‘(e) COMPLIANCE AND ENFORCEMENT.— lowance trading program under this section, ble quantity referred to in clause (i) is the ‘‘(1) IN GENERAL.—For calendar year 2009 including requirements concerning— difference between— and each calendar year thereafter, the oper- ‘‘(A)(i) the generation, allocation, ‘‘(I) the applicable annual tonnage limita- ator of each affected unit shall surrender to issuance, recording, tracking, transfer, and tion for emissions from affected units speci- the Administrator— use of carbon dioxide allowances; and fied in subsection (b) or (c) of section 702 for ‘‘(A) a quantity of nitrogen oxide allow- ‘‘(ii) the public availability of all informa- the calendar year; and ances that is equal to the total tons of nitro- tion concerning the activities described in ‘‘(II) the quantity of nitrogen oxide allow- gen oxides emitted by the affected unit dur- clause (i) that is not confidential; ances or mercury allowances, respectively, ing the calendar year; and ‘‘(B) compliance with subsection (f)(1); placed in the applicable new unit reserve es- ‘‘(B) a quantity of mercury allowances that ‘‘(C) the monitoring and reporting of emis- tablished under subsection (b) for the cal- is equal to the total pounds of mercury emit- sions under paragraphs (2) and (3) of sub- endar year. ted by the affected unit during the calendar section (f); ‘‘(3) ALLOCATION TO NEW UNITS.— year. ‘‘(D) excess emission penalties under sub- ‘‘(A) METHODOLOGY.—The Administrator ‘‘(2) MONITORING SYSTEM.—The Adminis- section (f)(4); and shall promulgate regulations to establish a trator shall promulgate regulations requir- ‘‘(E) standards, guidelines, and procedures methodology for allocating nitrogen oxide ing the accurate monitoring of the quan- concerning the generation, certification, and allowances and mercury allowances to new tities of nitrogen oxides and mercury that use of additional carbon dioxide allowances units. are emitted at each affected unit. made available under subsection (d). ‘‘(B) QUANTITY OF NITROGEN OXIDE ALLOW- ‘‘(3) REPORTING.— ‘‘(b) NEW UNIT RESERVE.— ANCES AND MERCURY ALLOWANCES ALLO- ‘‘(A) IN GENERAL.—Not less often than ‘‘(1) ESTABLISHMENT.—The Administrator CATED.—The Administrator shall determine quarterly, the owner or operator of an af- shall establish by regulation a reserve of car- the quantity of nitrogen oxide allowances fected unit shall submit to the Adminis- bon dioxide allowances to be set aside for use and mercury allowances to be allocated to trator a report on the monitoring of emis- by new units and new renewable energy each new unit based on the projected emissions of nitrogen oxides and mercury carried units. sions from the new unit. out by the owner or operator in accordance ‘‘(2) DETERMINATION OF QUANTITY.—The Ad- ‘‘(4) ALLOWANCE NOT A PROPERTY RIGHT.—A with the regulations promulgated under ministrator, in consultation with the Sec- nitrogen oxide allowance or mercury allow- paragraph (2). retary of Energy, shall determine, based on ance— ‘‘(B) AUTHORIZATION.—Each report sub- projections of electricity output for new ‘‘(A) is not a property right; and mitted under subparagraph (A) shall be au- units and new renewable energy units— ‘‘(B) may be terminated or limited by the thorized by a responsible official of the af- ‘‘(A) not later than June 30, 2005, the quan- Administrator. fected unit, who shall certify the accuracy of tity of carbon dioxide allowances required to ‘‘(5) NO JUDICIAL REVIEW.—An allocation of the report. be held in reserve for new units and new re- nitrogen allowances or mercury allowances ‘‘(C) PUBLIC REPORTING.—The Adminis- newable energy units for each of calendar by the Administrator under this subsection trator shall make available to the public, years 2009 through 2013; and shall not be subject to judicial review. through 1 or more published reports and 1 or ‘‘(B) not later than June 30 of each fifth ‘‘(d) NITROGEN OXIDE ALLOWANCE AND MER- more forms of electronic media, data con- calendar year thereafter, the quantity of car- CURY ALLOWANCE TRANSFER SYSTEM.— cerning the emissions of nitrogen oxides and bon dioxide allowances required to be held in ‘‘(1) USE OF ALLOWANCES.—The regulations mercury from each affected unit. reserve for new units and renewable energy promulgated under subsection (a)(1)(A) ‘‘(4) EXCESS EMISSIONS.— units for the following 5-calendar year pe- shall— ‘‘(A) IN GENERAL.—The owner or operator riod. ‘‘(A) prohibit the use (but not the transfer of an affected unit that emits nitrogen ox- ‘‘(c) CARBON DIOXIDE ALLOWANCE ALLOCA- in accordance with paragraph (3)) of any ni- ides or mercury in excess of the nitrogen TION.— trogen oxide allowance or mercury allow- oxide allowances or mercury allowances that ‘‘(1) TIMING OF ALLOCATIONS.—The Adminis- ance before the calendar year for which the the owner or operator holds for use for the trator shall allocate carbon dioxide allow- allowance is allocated; affected unit for the calendar year shall— ances to covered units—

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‘‘(A) not later than December 31, 2005, for ‘‘(i) ESTABLISHMENT.—The Administrator the storage of the carbon stored in a carbon calendar year 2009; and shall establish an independent review board reservoir. ‘‘(B) not later than December 31 of cal- to assist the Administrator in certifying ‘‘(iii) GUIDELINES FOR CERTIFYING GEOLOGI- endar year 2006 and each calendar year there- projects as eligible for carbon dioxide allow- CAL SEQUESTRATION OF CARBON DIOXIDE.—The after, for the fourth calendar year that be- ances made available under paragraph (1)(A). guidelines for certifying geological seques- gins after that December 31. ‘‘(ii) REVIEW AND APPROVAL.—Each certifi- tration of carbon dioxide produced by a cov- ‘‘(2) ALLOCATIONS TO COVERED UNITS THAT cation by the independent review board of a ered unit shall— ARE NOT NEW UNITS.— project shall be subject to the review and ap- ‘‘(I) provide that a project shall be cer- ‘‘(A) IN GENERAL.—The Administrator shall proval of the Administrator. tified only to the extent that the geological allocate to each affected unit that is not a ‘‘(iii) REQUIREMENTS.—Subject to this sub- sequestration of carbon dioxide produced by new unit, to each nuclear generating unit section, requirements relating to the cre- a covered unit is in addition to any carbon with respect to incremental nuclear genera- ation, composition, duties, responsibilities, dioxide used by the covered unit in 2009 for tion, and to each renewable energy unit that and other aspects of the independent review enhanced oil recovery; and is not a new renewable energy unit, a quan- board shall be included in the regulations ‘‘(II) include requirements for develop- tity of carbon dioxide allowances that is promulgated by the Administrator under ment, reporting, monitoring, and equal to the product obtained by multi- subsection (a). verification for quantifying net carbon sequestration— plying— ‘‘(B) MEMBERSHIP.—The independent re- ‘‘(i) the quantity of carbon dioxide allow- view board shall be composed of 12 members, ‘‘(aa) to ensure the permanence of the sequestration; and ances available for allocation under subpara- of whom— ‘‘(bb) to ensure that the sequestration will graph (B); and ‘‘(i) 10 members shall be appointed by the not cause or contribute to significant ad- ‘‘(ii) the quotient obtained by dividing— Administrator, of whom— verse effects on the environment. ‘‘(I) the average net quantity of electricity ‘‘(I) 1 member shall represent the Environ- ‘‘(iv) DEADLINES FOR DEVELOPMENT.—The generated by the unit in a calendar year dur- mental Protection Agency (who shall serve guidelines under clause (i) shall be devel- ing the most recent 3-calendar year period as chairperson of the independent review for which data are available, measured in oped— board); ‘‘(I) with respect to projects described in megawatt hours; and ‘‘(II) 3 members shall represent State gov- ‘‘(II) the total of the average net quantities paragraph (3)(A), not later than January 1, ernments; 2005; and described in subclause (I) with respect to all ‘‘(III) 3 members shall represent the elec- such units. ‘‘(II) with respect to projects described in tric generating sector; and paragraph (3)(B), not later than January 1, ‘‘(B) QUANTITY TO BE ALLOCATED.—For each ‘‘(IV) 3 members shall represent environ- calendar year, the quantity of carbon dioxide 2006. mental organizations; ‘‘(v) UPDATING OF GUIDELINES.—The inde- allowances allocated under subparagraph (A) ‘‘(ii) 1 member shall be appointed by the shall be equal to the difference between— pendent review board shall periodically up- Secretary of Energy to represent the Depart- date the guidelines as the independent re- ‘‘(i) the annual tonnage limitation for ment of Energy; and emissions of carbon dioxide from affected view board determines to be appropriate. ‘‘(iii) 1 member shall be appointed by the ‘‘(E) CERTIFICATION OF PROJECTS.— units specified in section 702(d) for the cal- Secretary of Agriculture to represent the De- ‘‘(i) IN GENERAL.—Subject to clause (ii), endar year; and partment of Agriculture. subparagraph (A)(ii), and paragraph (3), the ‘‘(ii) the quantity of carbon dioxide allow- ‘‘(C) STAFF AND OTHER RESOURCES.—The independent review board shall certify ances placed in the new unit reserve estab- Administrator shall provide such staff and projects as eligible for additional carbon di- lished under subsection (b) for the calendar other resources to the independent review oxide allowances. year. board as the Administrator determines to be ‘‘(ii) LIMITATION.—The independent review ‘‘(3) ALLOCATION TO NEW UNITS AND NEW RE- necessary. board shall not certify a project under this NEWABLE ENERGY UNITS.— ‘‘(D) DEVELOPMENT OF GUIDELINES.— subsection if the carbon dioxide emission re- ‘‘(A) METHODOLOGY.—The Administrator ‘‘(i) IN GENERAL.—The independent review ductions achieved by the project will be used shall promulgate regulations to establish a board shall develop guidelines for certifying to satisfy any requirement imposed on any methodology for allocating carbon dioxide projects in accordance with paragraph (3), in- foreign country or any industrial sector to allowances to new units and new renewable cluding— reduce the quantity of greenhouse gases energy units. ‘‘(I) criteria that address the validity of emitted by the foreign country or industrial ‘‘(B) QUANTITY OF CARBON DIOXIDE ALLOW- claims that projects result in the generation sector. ANCES ALLOCATED.—The Administrator shall of carbon dioxide allowances; ‘‘(3) PROJECTS ELIGIBLE FOR ADDITIONAL determine the quantity of carbon dioxide al- ‘‘(II) guidelines for certifying incremental CARBON DIOXIDE ALLOWANCES.— lowances to be allocated to each new unit carbon sequestration in accordance with ‘‘(A) PROJECTS CARRIED OUT IN CALENDAR and each new renewable energy unit based on clause (ii); and YEARS 1990 THROUGH 2008.— the unit’s projected share of the total elec- ‘‘(III) guidelines for certifying geological ‘‘(i) IN GENERAL.—The independent review tric power generation attributable to cov- sequestration of carbon dioxide in accord- board may certify as eligible for carbon diox- ered units. ance with clause (iii). ide allowances a project that— ‘‘(d) ISSUANCE AND USE OF ADDITIONAL CAR- ‘‘(ii) GUIDELINES FOR CERTIFYING INCRE- ‘‘(I) is carried out on or after January 1, BON DIOXIDE ALLOWANCES.— MENTAL CARBON SEQUESTRATION.—The guide- 1990, and before January 1, 2009; and ‘‘(1) IN GENERAL.— lines for certifying incremental carbon se- ‘‘(II) consists of— ‘‘(A) ALLOWANCES FOR PROJECTS CERTIFIED questration in forests, agricultural soil, ‘‘(aa) a carbon sequestration project car- BY INDEPENDENT REVIEW BOARD.—In addition rangeland, or grassland shall include devel- ried out in the United States or a foreign to carbon dioxide allowances allocated under opment, reporting, monitoring, and country; subsection (c), the Administrator shall make verification guidelines, to be used in quanti- ‘‘(bb) a project reported under section carbon dioxide allowances available to fying net carbon sequestration from land use 1605(b) of the Energy Policy Act of 1992 (42 projects that are certified, in accordance projects, that are based on— U.S.C. 13385(b)); or with paragraph (3), by the independent re- ‘‘(I) measurement of increases in carbon ‘‘(cc) any other project to reduce emissions view board established under paragraph (2) storage in excess of the carbon storage that of greenhouse gases that is carried out in the as eligible to receive the carbon dioxide al- would have occurred in the absence of such a United States or a foreign country. lowances. project; ‘‘(ii) MAXIMUM QUANTITY OF ADDITIONAL ‘‘(B) ALLOWANCES OBTAINED UNDER OTHER ‘‘(II) comprehensive carbon accounting CARBON DIOXIDE ALLOWANCES.—The Adminis- PROGRAMS.—The regulations promulgated that— trator may make available to projects cer- under subsection (a)(1) shall— ‘‘(aa) reflects net increases in carbon res- tified under clause (i) a quantity of allow- ‘‘(i) allow covered units to comply with ervoirs; and ances that is not greater than 10 percent of subsection (f)(1) by purchasing and using car- ‘‘(bb) takes into account any carbon emis- the tonnage limitation for calendar year 2009 bon dioxide allowances that are traded under sions resulting from disturbance of carbon for emissions of carbon dioxide from affected any other United States or internationally reservoirs in existence as of the date of com- units specified in section 702(d)(1). recognized carbon dioxide reduction program mencement of the project; ‘‘(iii) USE OF ALLOWANCES.—Allowances that is specified under clause (ii); ‘‘(III) adjustments to account for— made available under clause (ii) may be used ‘‘(ii) specify, for the purpose of clause (i), ‘‘(aa) emissions of carbon that may result to comply with subsection (f)(1) in calendar programs that meet the goals of this section; at other locations as a result of the impact year 2009 or any calendar year thereafter. and of the project on timber supplies; or ‘‘(B) PROJECTS CARRIED OUT IN CALENDAR ‘‘(iii) apply such conditions to the use of ‘‘(bb) potential displacement of carbon YEAR 2009 AND THEREAFTER.—The independent carbon dioxide allowances traded under pro- emissions to other land owned by the entity review board may certify as eligible for car- grams specified under clause (ii) as are nec- that carries out the project; and bon dioxide allowances a project that— essary to achieve the goals of this section. ‘‘(IV) adjustments to reflect the expected ‘‘(i) is carried out on or after January 1, ‘‘(2) INDEPENDENT REVIEW BOARD.— carbon storage over various time periods, 2009; and ‘‘(A) IN GENERAL.— taking into account the likely duration of ‘‘(ii) consists of—

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‘‘(I) a carbon sequestration project carried ‘‘(A) IN GENERAL.—Not less often than menced before August 17, 1971, shall meet out in the United States or a foreign coun- quarterly, the owner or operator of a covered performance standards of— try; or unit, or a person that carries out a project ‘‘(A) 4.5 lbs/MWh for sulfur dioxide; and ‘‘(II) a project to reduce the greenhouse gas certified under subsection (d) on behalf of a ‘‘(B) 2.5 lbs/MWh for nitrogen oxides. emissions (on a carbon dioxide equivalency covered unit, shall submit to the Adminis- ‘‘(5) BIENNIAL IDENTIFICATION OF BEST basis determined by the independent review trator a report on the monitoring of carbon AVAILABLE CONTROL TECHNOLOGIES AND LOW- board) of a source of greenhouse gases that is dioxide emissions carried out at the covered EST ACHIEVABLE EMISSION RATES.—Notwith- not an affected unit. unit in accordance with the regulations pro- standing the definitions of ‘best available ‘‘(e) CARBON DIOXIDE ALLOWANCE TRANSFER mulgated under paragraph (2). control technology’ under section 169 and SYSTEM.— ‘‘(B) AUTHORIZATION.—Each report sub- ‘lowest achievable emission rate’ under sec- ‘‘(1) USE OF ALLOWANCES.—The regulations mitted under subparagraph (A) shall be au- tion 171, the Administrator shall identify the promulgated under subsection (a)(1) shall— thorized by a responsible official of the cov- best available control technologies and low- ‘‘(A) prohibit the use (but not the transfer ered unit, who shall certify the accuracy of est achievable emission rates, on a biennial in accordance with paragraph (3)) of any car- the report. basis, as those rates and technologies apply bon dioxide allowance before the calendar ‘‘(C) PUBLIC REPORTING.—The Adminis- to covered units. year for which the carbon dioxide allowance trator shall make available to the public, ‘‘(6) REVISION OF LOWEST ACHIEVABLE EMIS- is allocated; through 1 or more published reports and 1 or SION RATE WITH RESPECT TO CONSIDERED ‘‘(B) provide that unused carbon dioxide al- more forms of electronic media, data con- COSTS.— lowances may be carried forward and added cerning the emissions of carbon dioxide from ‘‘(A) IN GENERAL.—Notwithstanding the to carbon dioxide allowances allocated for each covered unit. definition of ‘lowest achievable emission subsequent years; ‘‘(4) EXCESS EMISSIONS.— rate’ under section 171, with respect to tech- ‘‘(C) provide that unused carbon dioxide al- ‘‘(A) IN GENERAL.—The owner or operator nology required to be installed by the elec- lowances may be transferred by— of a covered unit that emits carbon dioxide tric generating sector, costs may be consid- ‘‘(i) the person to which the carbon dioxide in excess of the carbon dioxide allowances ered in the determination of the lowest allowances are allocated; or that the owner or operator holds for use for achievable emission rate, so that, beginning ‘‘(ii) any person to which the carbon diox- the covered unit for the calendar year shall— January 1, 2009, a covered unit (as defined in ide allowances are transferred; and ‘‘(i) pay an excess emissions penalty deter- section 701) shall not be required to install ‘‘(D) provide that carbon dioxide allow- mined under subparagraph (B); and technology required to meet a lowest achiev- ances allocated and transferred under this ‘‘(ii) offset the excess emissions by an able emission rate if the cost of the tech- section may be transferred into any other equal quantity in the following calendar nology exceeds the maximum amount deter- market-based carbon dioxide emission trad- year or such other period as the Adminis- mined under subparagraph (B). ing program that is— trator shall prescribe. ‘‘(B) MAXIMUM AMOUNT OF COST.—The max- ‘‘(i) approved by the President; and ‘‘(B) DETERMINATION OF EXCESS EMISSIONS imum amount referred to in subparagraph ‘‘(ii) implemented in accordance with regu- PENALTY.—The excess emissions penalty (A) shall be an amount (in dollars per ton) lations developed by the Administrator or shall be equal to the product obtained by that— the head of any other Federal agency. multiplying— ‘‘(i) is determined by the Administrator; ‘‘(2) USE BY PERSONS TO WHICH CARBON DIOX- ‘‘(i) the number of tons of carbon dioxide but IDE ALLOWANCES ARE TRANSFERRED.—Any emitted in excess of the total quantity of ‘‘(ii) does not exceed an amount equal to person to which carbon dioxide allowances carbon dioxide allowances held; and twice the amount of the applicable cost are transferred under paragraph (1)(C)— ‘‘(ii) $100, adjusted (in accordance with reg- guideline for best available control tech- ‘‘(A) may use the carbon dioxide allow- ulations promulgated by the Administrator) nology. ances in the calendar year for which the car- for changes in the Consumer Price Index for ‘‘(7) EMISSION OFFSETS.—No source within bon dioxide allowances were allocated, or in All-Urban Consumers published by the De- the electric generating sector that locates in a subsequent calendar year, to demonstrate partment of Labor. a nonattainment area after December 31, compliance with subsection (f)(1); or ‘‘(g) ALLOWANCE NOT A PROPERTY RIGHT.— 2008, shall be required to obtain offsets for ‘‘(B) may transfer the carbon dioxide al- A carbon dioxide allowance— emissions of air pollutants. lowances to any other person for the purpose ‘‘(1) is not a property right; and ‘‘(8) ADVERSE LOCAL AIR QUALITY IMPACTS.— of demonstration of that compliance. ‘‘(2) may be terminated or limited by the The regulations shall require each State— ‘‘(3) CERTIFICATION OF TRANSFER.—A trans- Administrator. ‘‘(A) to identify areas in the State that ad- fer of a carbon dioxide allowance shall not ‘‘(h) NO JUDICIAL REVIEW.—An allocation of versely affect local air quality; and take effect until a written certification of carbon dioxide allowances by the Adminis- ‘‘(B) to impose such facility-specific and the transfer, authorized by a responsible offi- trator under subsection (c) or (d) shall not be other measures as are necessary to remedy cial of the person making the transfer, is re- subject to judicial review.’’. the adverse effects in accordance with the ceived and recorded by the Administrator. SEC. 4. NEW SOURCE REVIEW PROGRAM. national pollutant tonnage limitations under ‘‘(4) PERMIT REQUIREMENTS.—An allocation Section 165 of the Clean Air Act (42 U.S.C. section 702. or transfer of carbon dioxide allowances to a 7475) is amended by adding at the end the fol- ‘‘(9) NO EFFECT ON OTHER REQUIREMENTS.— covered unit, or for a project carried out on lowing: Nothing in this subsection affects the obliga- behalf of a covered unit, under subsection (c) ‘‘(f) REVISIONS TO NEW SOURCE REVIEW PRO- tion of any State or local government to or (d) shall, after recording by the Adminis- GRAM.— comply with the requirements established trator, be considered to be part of the feder- ‘‘(1) DEFINITIONS.—In this subsection: under this section concerning— ally enforceable permit of the covered unit ‘‘(A) COVERED UNIT.—The term ‘covered ‘‘(A) national ambient air quality stand- under this Act, without a requirement for unit’ has the meaning given the term in sec- ards; any further review or revision of the permit. tion 701. ‘‘(B) maximum allowable air pollutant in- ‘‘(f) COMPLIANCE AND ENFORCEMENT.— ‘‘(B) NEW SOURCE REVIEW PROGRAM.—The creases or maximum allowable air pollutant ‘‘(1) IN GENERAL.—For calendar year 2009 term ‘new source review program’ means the concentrations; or and each calendar year thereafter— program to carry out section 111 and this ‘‘(C) protection of visibility and other air ‘‘(A) the operator of each affected unit and part. quality-related values in areas designated as each renewable energy unit shall surrender ‘‘(2) REGULATIONS.—In accordance with this class I areas under part C of title I.’’. to the Administrator a quantity of carbon subsection, the Administrator shall promul- SEC. 5. REVISIONS TO SULFUR DIOXIDE ALLOW- dioxide allowances that is equal to the total gate regulations revising the new source re- ANCE PROGRAM. tons of carbon dioxide emitted by the af- view program. (a) IN GENERAL.—Title IV of the Clean Air fected unit or renewable energy unit during ‘‘(3) APPLICABILITY CRITERIA.—Beginning Act (relating to acid deposition control) (42 the calendar year; and January 1, 2009, the new source review pro- U.S.C. 7651 et seq.) is amended by adding at ‘‘(B) the operator of each nuclear gener- gram shall apply only to— the end the following: ating unit that has incremental nuclear gen- ‘‘(A) construction of a new covered unit eration shall surrender to the Administrator (which construction shall include the re- ‘‘SEC. 417. REVISIONS TO SULFUR DIOXIDE AL- LOWANCE PROGRAM. a quantity of carbon dioxide allowances that placement of an existing boiler); and is equal to the total tons of carbon dioxide ‘‘(B) an activity that results in any in- ‘‘(a) DEFINITIONS.—In this section, the emitted by the nuclear generating unit dur- crease in the maximum hourly rate of emis- terms ‘affected unit’ and ‘new unit’ have the ing the calendar year from incremental nu- sions from a covered unit of air pollutants meanings given the terms in section 701. clear generation. regulated under the new source review pro- ‘‘(b) REGULATIONS.—Not later than Janu- ‘‘(2) MONITORING SYSTEM.—The Adminis- gram (measured in pounds per megawatt ary 1, 2004, the Administrator shall promul- trator shall promulgate regulations requir- hour), after netting among covered units at gate such revisions to the regulations to im- ing the accurate monitoring of the quantity a source. plement this title as the Administrator de- of carbon dioxide that is emitted at each ‘‘(4) PERFORMANCE STANDARDS.—Beginning termines to be necessary to implement sec- covered unit. in 2020, each affected unit (as defined in section 702(a). ‘‘(3) REPORTING.— tion 701(1)(B)) on which construction com- ‘‘(c) NEW UNIT RESERVE.—

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‘‘(1) ESTABLISHMENT.—Subject to the an- ‘‘(II) if the Administrator does not make (5) The Midwest, composed of Illinois, Indi- nual tonnage limitation for emissions of sul- the determination described in subclause ana, Iowa, Kentucky, Michigan, Minnesota, fur dioxide from affected units specified in (I)(aa)— Missouri, Ohio, and Wisconsin. section 702(a), the Administrator shall estab- ‘‘(aa) the third calendar year after the first (6) The High Plains, composed of Kansas, lish by regulation a reserve of allowances to calendar year with respect to which the total Nebraska, North Dakota, and South Dakota. be set aside for use by new units. of the annual emissions of sulfur dioxide (7) The Northwest, composed of Idaho, ‘‘(2) DETERMINATION OF QUANTITY.—The Ad- from all affected units in the covered States Montana, Oregon, Washington, and Wyo- ministrator, in consultation with the Sec- first exceeds 271,000 tons; but ming. retary of Energy, shall determine, based on ‘‘(bb) not earlier than calendar year 2021; (8) The Southwest, composed of Arizona, projections of electricity output for new and California, Colorado, New Mexico, Nevada, units— ‘‘(ii) each calendar year after the calendar and Utah. ‘‘(A) not later than June 30, 2005, the quan- year determined under clause (i). (9) Alaska. tity of allowances required to be held in re- ‘‘(2) MAXIMUM EMISSIONS OF SULFUR DIOXIDE (10) Hawaii. serve for new units for each of calendar years FROM EACH AFFECTED UNIT.—In each covered (c) PRIORITY AREA.—In establishing the 2009 through 2013; and year, the emissions of sulfur dioxide from program described in subsection (a), the Sec- ‘‘(B) not later than June 30 of each fifth each affected unit in a covered State shall retary of Commerce and the Administrator calendar year thereafter, the quantity of al- not exceed the number of allowances that shall identify and expand, to the maximum lowances required to be held in reserve for are allocated under paragraph (3) and held by extent practicable, Federal air quality fore- new units for the following 5-calendar year the affected unit for the covered year. cast and warning programs in effect as of the period. ‘‘(3) ALLOCATION OF ALLOWANCES.— date of establishment of the program. ‘‘(A) IN GENERAL.—Not later than January ‘‘(3) ALLOCATION.— (d) AUTHORIZATION OF APPROPRIATIONS.— 1, 2013, the Administrator shall promulgate ‘‘(A) REGULATIONS.—The Administrator There are authorized to be appropriated such regulations to establish— shall promulgate regulations to establish a sums as are necessary to carry out this sec- ‘‘(i) a methodology for allocating allow- methodology for allocating allowances to tion. ances to affected units in covered States new units. SEC. 7. RELATIONSHIP TO OTHER LAW. under this subsection; and ‘‘(B) NO JUDICIAL REVIEW.—An allocation of (a) EXEMPTION FROM HAZARDOUS AIR POL- ‘‘(ii) the timing of the allocations. allowances by the Administrator under this LUTANT REQUIREMENTS RELATING TO MER- ‘‘(B) NO JUDICIAL REVIEW.—An allocation of subsection shall not be subject to judicial re- CURY.—Section 112 of the Clean Air Act (42 allowances by the Administrator under this view. U.S.C. 7412) is amended— paragraph shall not be subject to judicial re- (1) in subsection (f), by adding at the end ‘‘(d) EXISTING UNITS.— view.’’. the following: ‘‘(1) ALLOCATION.— (b) DEFINITION OF ALLOWANCE.—Section 402 ‘‘(7) MERCURY EMITTED FROM CERTAIN AF- ‘‘(A) REGULATIONS.—Subject to the annual of the Clean Air Act (relating to acid deposi- FECTED UNITS.—Not later than 8 years after tonnage limitation for emissions of sulfur dition control) (42 U.S.C. 7651a) is amended by the date of enactment of this paragraph, the oxide from affected units specified in section striking paragraph (3) and inserting the fol- Administrator shall carry out the duties of 702(a), and subject to the reserve of allow- lowing: the Administrator under this subsection ances for new units under subsection (c), the ‘‘(3) ALLOWANCE.—The term ‘allowance’ with respect to mercury emitted from af- Administrator shall promulgate regulations means an authorization, allocated by the Ad- fected units (as defined in section 701).’’; and to govern the allocation of allowances to af- ministrator to an affected unit under this (2) in subsection (n)(1)(A)— fected units that are not new units. title, to emit, during or after a specified cal- (A) by striking ‘‘(A) The Administrator’’ ‘‘(B) REQUIRED ELEMENTS.—The regulations endar year, a quantity of sulfur dioxide de- and inserting the following: shall provide for— termined by the Administrator and specified ‘‘(A) STUDY, REPORT, AND REGULATIONS.— ‘‘(i) the allocation of allowances on a fair in the regulations promulgated under section ‘‘(i) STUDY AND REPORT TO CONGRESS.—The and equitable basis between affected units 417(b).’’. Administrator’’; that received allowances under section 405 (c) TECHNICAL AMENDMENTS.— (B) by striking ‘‘The Administrator’’ in the and affected units that are not new units and (1) Title IV of the Clean Air Act (relating fourth sentence and inserting the following: that did not receive allowances under that to noise pollution) (42 U.S.C. 7641 et seq.)— ‘‘(ii) REGULATIONS.— section, using for both categories of units (A) is amended by redesignating sections ‘‘(I) IN GENERAL.—The Administrator’’; and the same or similar allocation methodology 401 through 403 as sections 801 through 803, (C) in clause (ii) (as designated by subpara- as was used under section 405; and respectively; and graph (B)), by adding at the end the fol- ‘‘(ii) the pro-rata distribution of allow- (B) is redesignated as title VIII and moved lowing: ances to all units described in clause (i), sub- to appear at the end of that Act. ‘‘(II) EXEMPTION FOR CERTAIN AFFECTED ject to the annual tonnage limitation for (2) The table of contents for title IV of the UNITS RELATING TO MERCURY.—An affected emissions of sulfur dioxide from affected Clean Air Act (relating to acid deposition unit (as defined in section 701) that would units specified in section 702(a). control) (42 U.S.C. prec. 7651) is amended by otherwise be subject to mercury emission ‘‘(2) TIMING OF ALLOCATIONS.—The Adminis- adding at the end the following: standards under subclause (I) shall not be trator shall allocate allowances to affected ‘‘Sec. 417. Revisions to sulfur dioxide allow- subject to mercury emission standards under units— ance program.’’. subclause (I) or subsection (c).’’. ‘‘(A) not later than December 31, 2005, for SEC. 6. AIR QUALITY FORECASTS AND WARNINGS. (b) TEMPORARY EXEMPTION FROM VISIBILITY calendar year 2009; and (a) REQUIREMENT FOR FORECASTS AND PROTECTION REQUIREMENTS.—Section 169A(c) ‘‘(B) not later than December 31 of cal- WARNINGS.—The Secretary of Commerce, of the Clean Air Act (42 U.S.C. 7491(c)) is endar year 2006 and each calendar year there- acting through the Administrator of the Na- amended— after, for the fourth calendar year that be- tional Oceanic and Atmospheric Administra- (1) in paragraph (3), by striking ‘‘this sub- gins after that December 31. tion, in cooperation with the Administrator section’’ and inserting ‘‘paragraph (1)’’; and ‘‘(3) NO JUDICIAL REVIEW.—An allocation of of the Environmental Protection Agency, (2) by adding at the end the following: allowances by the Administrator under this shall issue air quality forecasts and air qual- ‘‘(4) TEMPORARY EXEMPTION FOR CERTAIN subsection shall not be subject to judicial re- ity warnings as part of the mission of the AFFECTED UNITS.—An affected unit (as de- view. Department of Commerce. (b) REGIONAL WARNINGS.—In carrying out fined in section 701) shall not be subject to ‘‘(e) WESTERN REGIONAL AIR PARTNER- subsection (a), the Secretary of Commerce subsection (b)(2)(A) during the period— SHIP.— shall establish within the National Oceanic ‘‘(A) beginning on the date of enactment of ‘‘(1) DEFINITIONS.—In this subsection: and Atmospheric Administration a program this paragraph; and ‘‘(A) COVERED STATE.—The term ‘covered to provide region-oriented forecasts and ‘‘(B) ending on the date that is 20 years State’ means each of the States of Arizona, warnings regarding air quality for each of after the date of enactment of this para- California, Colorado, Idaho, Nevada, New the following regions of the United States: graph.’’. Mexico, Oregon, Utah, and Wyoming. (1) The Northeast, composed of Con- (c) NO EFFECT ON OTHER FEDERAL AND ‘‘(B) COVERED YEAR.—The term ‘covered necticut, Maine, Massachusetts, New Hamp- STATE REQUIREMENTS.—Except as otherwise year’ means— shire, New York, Rhode Island, and Vermont. specifically provided in this Act, nothing in ‘‘(i)(I)(aa) the third calendar year after the (2) The Mid-Atlantic, composed of Dela- this Act or an amendment made by this first calendar year in which the Adminis- ware, the District of Columbia, Maryland, Act— trator determines by regulation that the New Jersey, Pennsylvania, Virginia, and (1) affects any permitting, monitoring, or total of the annual emissions of sulfur diox- West Virginia. enforcement obligation of the Administrator ide from all affected units in the covered (3) The Southeast, composed of Alabama, of the Environmental Protection Agency States is projected to exceed 271,000 tons in Florida, Georgia, North Carolina, and South under the Clean Air Act (42 U.S.C. 7401 et calendar year 2018 or any calendar year Carolina. seq.) or any remedy provided under that Act; thereafter; but (4) The South, composed of Arkansas, Lou- (2) affects any requirement applicable to, ‘‘(bb) not earlier than calendar year 2016; isiana, Mississippi, Oklahoma, Tennessee, or liability of, an electric generating facility or and Texas. under that Act;

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.097 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5083 (3) requires a change in, affects, or limits lead to enactment of strong legislation. I recognize the Federal Government any State law that regulates electric utility I look forward to working with all of has a legitimate right to some water rates or charges, including prudency review my colleagues as we move forward to rights; however, the Federal Govern- under State law; or pass a bill that enjoys the broadest ment should play by the same rules as (4) precludes a State or political subdivision of a State from adopting and enforcing support and adequately addresses the the States and other private users. The any requirement for the control or abate- serious health, environmental, and eco- Water Adjudication Fee Fairness Act is ment of air pollution, except that a State or nomic issues facing the Nation. legislation that remedies this situation political subdivision may not adopt or en- by subjecting the United States, when force any emission standard or limitation By Mr. CRAPO (for himself, Ms. party to a general adjudication, to the that is less stringent than the requirements MURKOWSKI, Mr. ENZI, Mr. AL- same fees and costs as State and pri- imposed under that Act. LARD, Mr. KYL, and Mr. CRAIG): vate users in water rights adjudica- Mr. CHAFEE. Mr. President, I am S. 844. A bill to subject the United tions. pleased to join with Senator CARPER States to imposition of fees and costs This measure has the full support of today to introduce the Clean Air Plan- in proceedings relating to State water the Western States Water Council and ning Act of 2003. Congress needs to ad- rights adjudications; to the Committee the Western Governor’s Association. I vance four-pollutant legislation that on the Judiciary. ask my colleagues to join me in sup- offers the best chance for broad bipar- Mr. CRAPO. Mr. President, I rise to porting water users, taxpayers, the tisan support, and I believe this bill introduce the Water Adjudication Fee States, and welcome their co-sponsor- meets that test. The testimony re- Fairness Act. This bill would require ship. ceived through hearings in the Envi- the Federal Government to pay the ronment and Public Works Committee same filing fees and costs associated By Mr. GRAHAM of Florida (for over the past several years has clearly with state water rights adjudications himself, Mr. CHAFEE, Mr. outlined the need for controlling the as is currently required of States and MCCAIN, Mr. DASCHLE, Mr. JEF- major emissions from power plants— private parties. FORDS, Mr. BINGAMAN, Mrs. LIN- sulfur dioxide, nitrogen oxide, mercury To establish relative rights to COLN, Ms. COLLINS, Mr. KEN- and carbon dioxide—while at the same water—water that is the lifeblood of NEDY, Mrs. LANDRIEU, Mrs. time recognizing the added costs of many States, particularly in the BOXER, Mr. KERRY, and Mr. these new controls. We know through West—States must conduct lengthy, NELSON of Florida): experience that we will only be suc- complicated, and expensive proceedings S. 845. A bill to amend title XIX and cessful at passing legislation if we find in water rights’ adjudications. In 1952, XXI of the Social Security Act to pro- middle ground. Congress recognized the necessity and vide States with the option to cover The parameters of this debate have benefit of requiring Federal claims to certain legal immigrants under the been established. Some will say this be adjudicated in these State pro- medicaid and State children’s health bill doesn’t go far enough in some re- ceedings by adopting the McCarran insurance programs; to the Committee spects. Others will say the legislation Amendment. The McCarran Amend- on Finance. goes too far, especially as it pertains to ment waives the sovereign immunity of Mr. GRAHAM of Florida. Mr. Presi- the mandatory control of carbon diox- the United States and requires the Fed- dent, I rise today with my friend and ide emissions. However, the relation- eral Government to submit to State colleague from Rhode Island, Mr. ship of fossil fuels to global warming is court jurisdiction and to file water CHAFEE, and a bipartisan group of co- clear and scientifically validated. The rights’ claims in State general adju- sponsors to introduce the Immigrant ‘‘U.S. Climate Action Report 2002’’ re- dication proceedings. Children’s Health Improvement Act of leased by the administration last May These Federal claims are typically 2003. tells us we need to take real actions to among the most complicated and larg- This legislation will give states the address the problem. The longer we est of claims in State adjudications, option to provide Medicaid and State wait, the harder this problem will be to and Federal agencies are often the pri- Children’s Health Insurance Program, solve. The Rio Convention is a perfect mary beneficiary of adjudication pro- CHIP, coverage to legal immigrant example of why waiting is not reason- ceedings where states officially quan- children and pregnant women during able. In 1992, we agreed to voluntarily tify and record their water rights. their first five years in this country. reduce harmful emissions to 1990 levels. However, in 1992, the United States Su- Medicaid and CHIP are vital compo- It didn’t happen. Now, in 2003 we are preme Court held that, under existing nents of our nation’s health care safety told that reductions to 1990 levels will law, the U.S. need not pay fees for net. They provide coverage to over 40 stall the economy. If we wait much processing Federal claims. million non-elderly, low-income Ameri- longer before taking any action, imag- When the United States does not pay cans, most of them children. These pro- ine how much harder it will be to a proportionate share of the costs asso- grams have helped dramatically reduce achieve real reductions without harm- ciated with adjudications, the burden infant mortality, and they have pro- ing the economy. of funding the proceedings unfairly vided health care financing for millions The legislation we are introducing shifts to other water users and often of poor children whose families cannot today would achieve significant reduc- delays completion of the adjudications afford the high cost of private health tions in a more cost effective way than by diminishing the resources necessary insurance. other proposals. For sulfur dioxide, ni- to complete them. Delays in com- However, for many low-income fami- trogen oxide, and mercury, we will es- pleting adjudications result in the in- lies that are eligible for Medicaid and tablish emissions caps that are supe- ability to protect private and public CHIP, these safety net programs are rior to reductions that will be achieved property interests or determine how little more than a mirage in a desert— under the existing Clean Air Act. In ad- much unappropriated water may re- an illusion to those who need them dition, for the first time, we will en- main to satisfy important environ- most. The Personal Responsibility and sure real reductions of carbon dioxide mental and economic development pri- Work Opportunity Reconciliation Act emissions are achieved. By 2013, the orities. of 1996, commonly known as the wel- utility sector will be required to reduce Additionally, because they are not fare reform law, arbitrarily barred carbon dioxide emissions to 2001 levels. subject to fees and costs like other states from using federal funds to pro- This proposal will allow the United water users in the adjudication, Fed- vide health coverage to low-income States to address carbon pollution for eral agencies can file questionable legal immigrants during their first five the first time and, when compared to a claims without facing court costs, in- years in the United States. While the three-pollutant bill, at very small in- flating the number of their claims for goal of welfare reform was to encour- cremental costs. future negotiation purposes. This cre- age self-sufficiency in adults, the legis- I believe that the Carper-Chafee bill ates an unlevel playing field favoring lation unintentionally punished chil- offers a real opportunity to break the the Federal agencies and places a fur- dren. stalemate that exists today and begin ther financial and resources burden on Prior to 1996, Medicaid coverage was an honest debate that will eventually the system. available to qualified children, parents,

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.097 S09PT1 S5084 CONGRESSIONAL RECORD — SENATE April 9, 2003 seniors, and people with disabilities in Our bill is supported by Senators trict of Columbia already use their own both citizen and legal immigrant fami- MCCAIN, DASCHLE, JEFFORDS, BINGA- State funds to provide medical cov- lies alike. After passage of the 1996 wel- MAN, LINCOLN, COLLINS, KENNEDY, FEIN- erage for legal immigrants, but con- fare reform law, many low-income and STEIN, CORZINE, LEVIN, SARBANES, tinuing these programs is becoming in- working legal immigrant families were DODD, LANDRIEU, BOXER, KERRY, and creasingly difficult as state budget left without a viable option for health BILL NELSON. constraints worsen. In fact, Massachu- insurance coverage. Representatives LINCOLN DIAZ- setts, which currently provides health In fact, while the percentage of our BALART of Florida and HENRY WAXMAN coverage at State expense, is proposing nation’s children with health insurance of California have also introduced bi- to eliminate Medicaid for adult immi- has risen in recent years, the percent- partisan companion legislation in the grants. Allowing States to use Federal age of children in immigrant families House. funds to support their health care ini- with health insurance has fallen. Ac- We call upon Congress and the Presi- tiatives will provide needed fiscal recording to the Kaiser Commission on dent to act this year and pass this im- lief, and ensure that these children re- Medicaid and the Uninsured, in 2000, portant bill. ceive a health start. half of low-income children in such Mr. KENNEDY. Mr. President, it is a Both good nutrition and adequate families were uninsured. privilege to join Senator GRAHAM and health care are fundamental for health Florida is home to over half a million Senator CHAFEE in introducing the Im- child development. Last year, with uninsured children, many of whom are migrant Children’s Health Insurance President Bush’s support, Congress re- legal immigrants. Take the Sardinas Act, which will benefit tens of thou- stored food stamp benefits to legal im- family of Miami. sands of immigrant children and fami- migrants in the farm bill. It is long The Sardinas family immigrated to lies across the Nation. past time for Congress to guarantee the United States from Cuba in 2001. The 1996 welfare reform legislation that legal immigrants also have access Mr. Sardinas works in a factory assem- disqualified legal, taxpaying immi- to health care. bling airplanes while Mrs. Sardinas grants from major Federal assistance America has a proud tradition of wel- maintains a low-wage job. The family’s programs, including health coverage coming immigrants, and we must live four children—Swani, 17; Sinai, 13; through Medicaid and the State Chil- up to our history and heritage as a na- Samuel, 8; and Sentia, 5—have been on dren’s Health Insurance Program. As a tion of immigrants. Restoring these a State waiting list for health insur- result, many of these individuals and health benefits will ensure that chil- ance for almost two years. Sentia has families go without needed care or rely dren in immigrant families have the allergies and Swani suffers from asth- on hospital emergency rooms for their same opportunities for good health as ma. Mrs. Sardinas worries about not care. every other child in the Nation. The having access to regular check-ups for This bill will enable States to provide Immigrant Children’s Health Insurance her children, but she has no choice. She health insurance coverage for legal im- Act is a needed step to achieve this does not know what the family will do migrant children and pregnant women goal, and I urge my colleagues to sup- if Sentia has a severe allergic reaction under Medicaid and SCHIP. This is an port this important legislation. or Swani is hospitalized after an asth- important step in alleviating the ma attack. health disparities that exist for immi- By Mr. SMITH (for himself and The Immigrant Children’s Health Im- grant children. Research shows that Mrs. LINCOLN): provement Act eliminates the arbi- children of immigrant are twice as S. 846. A bill to amend the Internal trary designation of August 22, 1996, as likely to be uninsured as children of Revenue Code of 1986 to allow a deduc- a cutoff date for allowing children to U.S. citizens. They are more than three tion for premiums on mortgage insur- get health care. More than 155,000 chil- times as likely not to have regular ance, and for other purposes; to the dren like Swani, Sinai, Samuel, and care, and more than twice as likely to Committee on Finance. Sentia will have access to health cov- be in fair or poor health. Enacting this Mr. SMITH. Mr. President, I rise erage each year, allowing them to re- today with my Finance Committee col- ceive preventive services, have their legislation will help to eliminate these league, Senator LINCOLN, to introduce chronic conditions properly diagnosed inequalities. This bill will also help to reduce the the The Mortgage Insurance Fairness and treated, and receive timely care for number of uninsured in our country. Act. This legislation will extend the acute conditions. States have asked for this option. In Today, there are 42 million uninsured, mortgage interest tax deduction to its 2003 Winter Policy Report, the Na- and 10 million are children. Most of the mortgage insurance payment pre- tional Governors Association endorsed uninsured are earning incomes below miums, both government and private. this common-sense policy proposal. or near the poverty line, and can’t af- It will make mortgage insurance pay- The National Council of State Legisla- ford the high cost of private insurance. ments tax-deductible and will boost tors has also endorsed this bill. The 1996 legislation barring legal im- homeownership in Oregon and across Twenty-two States are already pro- migrants from federally funded health the Nation, for those lower-income, mi- viding health coverage for legal immi- care has contributed to the increase in nority and veteran borrowers that grants through State-funded replace- the number of uninsured. The Congres- typically need mortgage insurance to ment programs. However, severe budg- sional Budget Office estimates that purchase a home. et shortfalls may prevent such states this bill will cover an additional 155,000 It is widely recognized that home- from being able to continue these im- children and 06,000 pregnant women ownership helps create stable and safe portant programs in the future. Our this year alone. communities. Thus, the Federal Gov- bill provides immediate fiscal relief for Throughout our history, immigrants ernment has long sought to increase these States by allowing them to draw have made important contributions to homeownership. The Bush Administra- down federal matching funds. It also our country. They work hard, pay tion has announced a target of 5.5 mil- gives states that are not currently pro- taxes, and play by the rules. In fact, lion new homeowners by the year 2010. viding health coverage to legal immi- immigrants and their children make To achieve that goal, groups that have grant children and pregnant women the significant contributions to our long- typically had difficulty purchasing flexibility to do so. term economic well-being by adding an homes—young people, low-income fam- Legal immigrants pay taxes, serve in estimated $10 billion annually to our ilies, members of minority groups— the military, and have the same social economy. However, they are dispropor- must be able to participate in the hous- obligations as United States citizens. tionately employed in low-wage, lowing market. Legal immigrant children are, as much benefit jobs, and are more likely to be Government and private mortgage as citizen children, the next generation uninsured. This bill will enable legal insurance programs help first-time, of Americans. It is important that all immigrant families to receive the serv- low-income and veteran borrowers af- children, both citizen children and ices they are paying for as taxpayers. ford to purchase a home. The Veterans legal immigrant children alike, start It is a matter of basic fairness. Affairs, VA, Federal Housing Author- off on the right foot towards full civil The bill makes good economic sense, ity, FHA, Regional Housing Authority, participation. as well. Twenty-six states and the Dis- RHA, and Private Mortgage Insurance,

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.103 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5085 PMI, programs allow buyers to make a be reduced (but not below zero) by 10 percent SEC. 4. EFFECTIVE DATE. down payment of 3 percent or less of of such amount for each $1,000 ($500 in the The amendments made by this Act shall the appraised value. Mortgage insur- case of a married individual filing a separate apply to amounts paid or accrued after the date of enactment of this Act in taxable ance is a critical factor in allowing return) (or fraction thereof) that the taxpayer’s adjusted gross income for the taxable years ending after such date. middle-income families and minorities year exceeds $100,000 ($50,000 in the case of a to become homeowners. In Oregon, married individual filing a separate re- By Mr. SMITH (for himself, Mrs. more than 137,000 families held mort- turn).’’. CLINTON, Ms. COLLINS, Mr. gages with either FHA or private mort- (b) DEFINITION AND SPECIAL RULES.—Para- BINGAMAN, Ms. CANTWELL, Mr. gage insurance at the end of 2002 and graph (4) of section 163(h) of the Internal CORZINE, Mrs. FEINSTEIN, Ms. Revenue Code of 1986 (relating to other defi- insured mortgages covered 25 percent LANDRIEU, Mrs. MURRAY, and nitions and special rules) is amended by add- of home purchase loans originating in Mr. WYDEN): 2001. Sixty-two percent of the insured ing at the end the following new subparagraphs: S. 847. A bill to amend title XIX of home purchases in Oregon in 2001 were ‘‘(E) QUALIFIED MORTGAGE INSURANCE.—The the Social Security Act to permit low-income borrowers. The Mortgage term ‘qualified mortgage insurance’ means— States the option to provide Medicaid Insurance Fairness Act will bring tax ‘‘(i) mortgage insurance provided by the coverage for low income individuals in- relief to those who need it the most. Veterans Administration, the Federal Hous- fected with HIV; to the Committee on In 2001, nationwide, mortgage insuring Administration, or the Rural Housing Finance. ance covered 57 percent percent of Administration, and Mr. SMITH. Mr. President, I rise mortgage purchase loans made to Afri- ‘‘(ii) private mortgage insurance (as de- today to introduce the Early Treat- can American and Hispanic borrowers fined by section 2 of the Homeowners Protec- tion Act of 1998 (12 U.S.C. 4901), as in effect ment for HIV Act, ETHA, of 2003. Sen- and 54 percent percent of the loans to on the date of the enactment of this subpara- ator CLINTON joins me in introducing borrowers with incomes below the me- graph). this bill, and I want to thank her for dian income. The people who use mort- ‘‘(F) SPECIAL RULES FOR PREPAID QUALIFIED her steadfast support for people living gage insurance are regular working MORTGAGE INSURANCE.—Any amount paid by with HIV. HIV knows no party affili- families who live in every community the taxpayer for qualified mortgage insur- ation, and I am pleased to say that throughout the country. Currently, ance that is properly allocable to any mort- ETHA cosponsors sit on both sides of twelve million American families use gage the payment of which extends to peri- the aisle. mortgage insurance. ods that are after the close of the taxable Simply stated, ETHA gives States Presidently, these borrowers cannot year in which such amount is paid shall be the opportunity to extend Medicaid deduct the cost of their mortgage in- chargeable to capital account and shall be coverage to low-income, HIV-positive treated as paid in such periods to which so surance payments for Federal tax pur- allocated. No deduction shall be allowed for individuals before they develop full- poses. If mortgage insurance payments the unamortized balance of such account if blown AIDS. Today, the unfortunate were made deductible, the cost of such mortgage is satisfied before the end of reality is that AIDS must disable most homeownership would be further re- its term. The preceding sentences shall not patients before they can qualify for duced for these borrowers, enabling apply to amounts paid for qualified mortgage Medicaid coverage. We can do better, new buyers to get into a home that insurance provided by the Veterans Adminis- and we should do everything possible they might not have been able to af- tration or the Rural Housing Administra- to ensure that all people living with ford. It is estimated that the Mortgage tion.’’. HIV can get early, effective medical SEC. 3. INFORMATION RETURNS RELATING TO care. Insurance Fairness Act would increase MORTGAGE INSURANCE. the number of homeowners by 300,000 Section 6050H of the Internal Revenue Code Current HIV treatments are very suc- per year. of 1986 (relating to returns relating to mort- cessful in delaying the progression Extending the tax deduction for gage interest received in trade or business from HIV infection to AIDS, and help home mortgage interest payments to from individuals) is amended by adding at improve the health and quality of life mortgage insurance payments will sig- the end the following new subsection: for millions of people living with the nificantly contribute to making the ‘‘(h) RETURNS RELATING TO MORTGAGE IN- disease. That is why it was so dev- American dream of owning a home SURANCE PREMIUMS.— astating for people in Oregon when, ‘‘(1) IN GENERAL.—The Secretary may pre- come true for many more of our citi- scribe, by regulations, that any person who, just a few weeks ago, the state an- zens. I urge my colleagues to support in the course of a trade or business, receives nounced that its Medically Needy pro- this important bi-partisan legislation from any individual premiums for mortgage gram ran out of money, and that many and join us in working towards its en- insurance aggregating $600 or more for any patients, including those living with actment at the earliest opportunity calendar year, shall make a return with re- HIV, would have to go elsewhere for this year. I ask unanimous consent spect to each such individual. Such return their treatments. The fact of the mat- that the text of this legislation be shall be in such form, shall be made at such ter is that safety net programs all over time, and shall contain such information as printed in the RECORD. the country are running out of money, There being no objection, the bill was the Secretary may prescribe. and are generally unable to cover all of ‘‘(2) STATEMENT TO BE FURNISHED TO INDI- ordered to be printed in the RECORD, as the people who need paying for their VIDUALS WITH RESPECT TO WHOM INFORMATION follows: IS REQUIRED.—Every person required to make medical care. As other programs are S. 846 a return under paragraph (1) shall furnish to failing, ETHA gives States another Be it enacted by the Senate and House of Rep- each individual with respect to whom a re- way to reach out to low-income, HIV- resentatives of the United States of America in turn is made a written statement showing positive individuals. Congress assembled, such information as the Secretary may pre- Importantly, ETHA also offers states SECTION 1. SHORT TITLE. scribe. Such written statement shall be fur- an enhanced Federal Medicaid match, This Act may be cited as the ‘‘Mortgage nished on or before January 31 of the year which means more money for States Insurance Fairness Act’’. following the calendar year for which the re- that invest in treatments for HIV. This SEC. 2. PREMIUMS FOR MORTGAGE INSURANCE. turn under paragraph (1) was required to be provision models the successful Breast (a) IN GENERAL.—Paragraph (3) of section made. and Cervical Cancer Treatment and 163(h) of the Internal Revenue Code of 1986 ‘‘(3) SPECIAL RULES.—For purposes of this (relating to qualified residence interest) is subsection— Prevention Act of 2000, which allows amended by adding after subparagraph (D) ‘‘(A) rules similar to the rules of sub- states to provide early Medicaid inter- the following new subparagraph: section (c) shall apply, and vention to women with breast and cer- ‘‘(E) MORTGAGE INSURANCE PREMIUMS ‘‘(B) the term ‘mortgage insurance’ vical cancer. Even in these difficult TREATED AS INTEREST.— means— times, forty-five states are now offer- ‘‘(i) IN GENERAL.—Premiums paid or ac- ‘‘(i) mortgage insurance provided by the ing early Medicaid coverage to women crued for qualified mortgage insurance by a Veterans Administration, the Federal Hous- with breast and cervical cancer. We can taxpayer during the taxable year in connec- ing Administration, or the Rural Housing build upon this success by passing tion with acquisition indebtedness with re- Administration, and spect to a qualified residence of the taxpayer ‘‘(ii) private mortgage insurance (as de- ETHA and extending similar early shall be treated for purposes of this sub- fined by section 2 of the Homeowners Protec- intervention treatments to people with section as qualified residence interest. tion Act of 1998 (12 U.S.C. 4901), as in effect HIV. ‘‘(ii) PHASEOUT.—The amount otherwise al- on the date of the enactment of this subpara- HIV/AIDS touches the lives of mil- lowable as a deduction under clause (i) shall graph).’’. lions of people living in every State in

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.088 S09PT1 S5086 CONGRESSIONAL RECORD — SENATE April 9, 2003 the Union. Some get the proper medi- HUMAN RIGHTS CAMPAIGN, ing the progression to AIDS, the Early cations, and too many do not. This is Washington, DC, April 7, 2003. Treatment for HIV Act could ultimately Hon. GORDON SMITH, save taxpayer dollars. Most importantly, literally a life and death issue, and U.S. Senate, should ETHA become law, the United States ETHA can help many more Americans Washington, DC. will take an important step towards ensur- enjoy long, healthy lives. Hon. HILLARY RODHAM CLINTON, ing that all people living with HIV can get U.S. Senate, the medical care they need to stay healthy I want to thank Senators COLLINS, Washington, DC. for as long as possible, enabling individuals BINGAMAN, CANTWELL, CORZINE, FEIN- DEAR SENATORS SMITH AND CLINTON: Thank to lead productive lives. STEIN, LANDRIEU, MURRAY, and WYDEN you, on behalf of the more than 500,000 mem- Increasing need as people with HIV live for joining us as cosponsors of ETHA. I bers of the Human Rights Campaign, for longer and the rise in new infections demand also wish to thank all of the organiza- your sponsorship of the Early Treatment for additional resources to provide care and HIV Act of 2003. treatment. It is unconscionable that low-in- tions around the country that have ex- Currently, childless adults living with HIV come people with HIV should not have access pressed support for this bill. I have re- generally only qualify for Medicaid coverage to care and treatment. The demographics of once they become eligible for Supplemental ceived a stack of support letters from the HIV epidemic have shifted into more im- Security Income (SSI). Because an indi- those organizations, and I ask unani- poverished and marginalized communities. vidual is not eligible for SSI until they be- Rates of HIV infection are staggeringly high mous consent that those letters be come disabled, a person with asymptomatic in some communities, with one in ten gay printed in the CONGRESSIONAL RECORD. HIV infection is not eligible for Medicaid men infected and one in three African Amer- In particular, I want to thank the until he or she has progressed to full-blown ican gay men living with HIV. ADAP Working Group and the Treat- AIDS. Since HIV-positive individuals do not In an era of constrained federal resources ment Access Expansion Project, led by qualify for Medicaid, many lack the ability to receive medical care and medicine to help for health care spending, we must aggres- Robert Greenwald, for helping bring so slow the progression of the HIV and to pre- sively fight for effective means to finance much attention to ETHA. I hope all of vent the onset of opportunistic infections. care for people with HIV. This bill will begin my colleagues will join us in sup- Treating those who are HIV-positive early to address these challenges through a perma- porting this critical, life-saving legisla- in the progression of the disease provides nu- nent funding solution, allowing states to ex- merous benefits. By making therapeutics pand the safety net to cover eligible persons tion. available earlier, treatment costs will dimin- with early-stage HIV disease. There being no objection, the letters ish, new HIV infections will decrease because Thank you again for your leadership on be- were ordered to be printed in the of the lower viral loads, the AIDS Drug As- half of people living with HIV. Please let me sistance Program will be able to provide care RECORD, as follows: know if there is anything I can do to help se- to more individuals with HIV because of sav- cure passage of this important legislation. AMERICAN FOUNDATION ings, and most importantly, the quality of Sincerely, FOR AIDS RESEARCH, life for countless HIV-positive individuals REBECCA ISAACS, Washington, DC, April 9, 2003. will be improved. Simply put, providing cov- Interim Executive Director. Hon. GORDON SMITH, erage earlier rather than later is the right U.S. Senate, thing to do. Washington, DC. The Early Treatment for HIV Act would SAN FRANCISCO AIDS FOUNDATION, Hon. HILLARY RODHAM CLINTON, provide states with the option of covering San Francisco, CA, April 8, 2003. U.S. Senate, low-income HIV-infected individuals as ‘cat- Hon. GORDON SMITH, Washington, DC. egorically needy’. In this way, this legisla- U.S. Senate, Washington, DC. DEAR SENATORS SMITH AND CLINTON: Thank tion is very similar to the successful effort Hon. HILLARY RODHAM CLINTON, you for your sponsorship of the Early Treat- in 2000 to provide states with the option of providing Medicaid coverage to women diag- U.S. Senate, ment for HIV Act of 2003 (ETHA), which nosed, through a federally funded program, Washington, DC. would allow states to extend Medicaid cov- with breast or cervical cancer. DEAR SENATORS SMITH AND CLINTON: The erage to low-income people living with HIV. On behalf of the countless people whose San Francisco AIDS Foundation would like Currently, Medicaid coverage is limited to lives will be improved by enactment of this to thank you for your sponsorship of the people who meet very strict income require- legislation, we thank you for your leadership Early Treatment for HIV Act 2003. ments and meet other qualifications, such as and your sponsoring this important legisla- The Act would provide states with the op- being disabled. The disability requirements tion. tion of covering low-income people living Sincerely, for Medicaid are such that many low-income with HIV as ‘categorically needy’ provide WINNIE STACHELBERG, uninsured people living with HIV are unable them with medical care and treatment, re- Political Director. to qualify for Medicaid until their disease duce long term health care costs to states, has progressed to the point where they are and address a serious gap in public health L.A. GAY & LESBIAN CENTER, care access. Recent breakthroughs in med- fully disabled by AIDS. Since individuals Los Angeles, CA, April 4, 2003. ical science and clinical practice have trans- who are HIV-positive generally do not qual- Hon. GORDON SMITH, formed the possibilities in HIV/AIDS care in ify for Medicaid, many do not have access to U.S. Senate, the United States. Today, we know that the early intervention and treatment that Washington, DC. early intervention with medical care and DEAR SENATOR SMITH: On behalf of the L.A. can help slow the progression of HIV and pre- treatment for HIV disease slows the progres- Gay & Lesbian Center, I am writing to thank vent the onset of opportunistic infections. sion of HIV and prevents the onset of oppor- you for agreeing to be the lead sponsors of tunistic infections. Application of this There are many benefits to providing ac- the Early Treatment For HIV Act (ETHA). knowledge lengthens the life expectancy and cess to early intervention and treatment to We wholeheartedly support your efforts to dramatically improves the quality of life for low-income HIV-positive people. By delaying ensure that low-income people with HIV many. These changes in science and medical the progression from HIV to AIDS, savings have access to health care by allowing practice demand revisions in the treatment States the option to expand Medicaid pro- in treatment costs are realized. Most impor- of HIV disease under Medicaid. tant, however, the health and quality of life grams to cover non-disabling HIV disease. Currently Medicaid eligibility for childless of individuals living with HIV is greatly im- ETHA represents a breakthrough in assuring early access to care for thousands of low- adults is tied to the Supplemental Security proved. income people living with HIV. Current HIV Income (SSI) eligibility. The result of this The Early Treatment for HIV Act would treatments are successfully delaying the pro- determination is that people living with HIV provide states with the option of extending gression from HIV infection to AIDS, im- must wait for Medicaid access until their Medicaid coverage to low-income, non-dis- proving the health and quality of life for disease has progressed to a disabling AIDS abled people living with HIV. As a result, many people living with the disease. How- diagnosis. The cruel irony of this practice is ETHA could help provide early access to care ever, without access to early intervention that individuals are forced to incur often-ir- for thousands of individuals around the health care and treatment, these advances reparable damage to their immune systems before receiving treatments that could have country. remain out of reach for many non-disabled, low-income people with HIV. delayed or avoided the damage. This is We thank you for your leadership and Research has shown that providing highly counter to sound public health practices and sponsorship of this very important legisla- active antiretroviral therapy produces sig- all but guarantees higher cost of care for tion. nificant cost-savings in reduced hospital thousands of affected individuals. This seri- Sincerely, costs. By preserving the health of people liv- ous anomaly in public health care coverage JEROME J. RADWIN, ing with HIV, preventing opportunistic infec- must be rectified by the enactment of this Chief Executive Officer. tions associated with the disease, and slow- legislation.

VerDate Jan 31 2003 04:23 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.098 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5087 The AIDS Foundation thanks you both for ACT UP Atlanta, Atlanta, GA Montrose Clinic, Houston, TX your leadership and sponsorship of this im- ACT UP Philadelphia, Philadelphia, PA National Alliance of State and Territorial portant legislation. ADAP Working Group, Washington, D.C. AIDS Directors, Washington, D.C. Sincerely, AIDS Atlanta, Atlanta, GA National Association of People With AIDS, ERNEST HOPKINS, AIDS Action, Washington, D.C. Washington, D.C. Director of Federal Affairs. AIDS Action Baltimore, Baltimore, MD National Association for Victims of Trans- AIDS Alabama, Birmingham, AL fusion-Acquired AIDS, Bethesda, MD TREATMENT ACCESS AIDS Alliance for Children, Youth, and Fam- National Coalition for LGBT Health, Wash- EXPANSION PROJECT, ilies, Washington, D.C. ington, D.C. Boston, MA, April 7, 2003. AIDS Foundation of Chicago, Chicago, IL National Center on Poverty Law, Chicago, IL Hon. GORDON SMITH, AIDS Healthcare Foundation, Los Angeles, National Health Law Program, Los Angeles, U.S. Senate, CA CA Washington, DC. AIDS Project Los Angeles, Los Angeles, CA National Minority AIDS Council, Wash- DEAR SENATOR: The Treatment Access Ex- AIDS Project Rhode Island, Providence, RI ington, D.C. pansion Project (TAEP) would like to thank AIDS Services Foundation Orange County, New York City AIDS Housing Network, New you on behalf of our broad-based coalition of Irvine, CA York, NY members. Your leadership and support of the AIDS Survival Project, Atlanta, GA NO/AIDS Task Force, New Orleans, LA Early Treatment For HIV Act (ETHA) and AIDS Taskforce of Greater Cleveland, Cleve- North Carolina Council for Positive Living, your commitment to AIDS and to the HIV land, OH Raleigh, NC community are greatly appreciated. AIDS Treatment Data Network, New York, Northern Manhattan Women & Children HIV As you are well aware, ETHA would allow NY Project, Mailman School of Public states to extend Medicaid coverage to pre- AIDS Vaccine Advocacy Coalition, New Health, Columbia University, New York, disabled people living with HIV. This break- York, NY NY through in assuring early access to care for AIDS Volunteers of Northern Kentucky, Northland Cares, Flagstaff, AZ thousands of low-income people living with Covington, KY Okaloosa AIDS Support and Informational HIV is imperative. Under current law, AIDS Africa Eridge, Inc., West Linn, OR Services (OASIS), Fort Walton Beach, FL must disable most patients before they can American Foundation for AIDS Research, Parents, Families and Friends of Lesbians qualify for Medicaid coverage. Enacting Washington, D.C. and Gays (PFLAG), Washington, D.C. ETHA into law would represent an impor- American Society of Addiction Medicine, Philadelphia FIGHT, Philadelphia, PA tant step toward ensuring that all people liv- Chevy Chase, MD Pierce County AIDS Foundation, Tacoma, ing with HIV could get the medical care nec- Association of Maternal and Child Health WA essary to remain healthy for as long as pos- Programs, Washington, D.C. Presbyterian Church (U.S.A.) Washington Of- sible. Association of Reproductive Health Profes- fice, Washington, D.C. Current HIV treatments are successful in sionals, Washington, D.C. Primary Health Care, Inc., Des Moines, IA delaying the progression from HIV infection AsUR Volunteer Services, Oakland, CA Program for Wellness Restoration, Houston, to AIDS, and thus help improve the health Beaver County AIDS Service Organization, TX Aliquippa, PA Project Inform, San Francisco, CA and quality of life for many people living Center for AIDS: Hope & Remembrance Provincetown AIDS Support Group, with the disease. By preserving the health of Project, Houston, TX Provincetown, MA people living with HIV, preventing opportun- Center for Women Policy Studies, Wash- Power of Love Foundation, San Diego, CA istic infections associated with the disease, ington, D.C. San Antonio AIDS Foundation, San Antonio, and slowing the progression to AIDS, the Community Advisory Board of the Miriam TX ETHA would ultimately save taxpayer dol- ACTG, Providence, RI San Francisco AIDS Foundation, San Fran- lars. Community Care Management, Johnstown, cisco, CA The members of TAEP fully endorse the PA San Francisco Community Clinic Consor- Early Treatment for HIV Act and thank you Council on AIDS In Rockland, Rockland, NY tium, San Francisco, CA again for your dedication to the passage of Critical Path AIDS Project, Philadelphia, Shelter Resources, Inc. d.b.a. Belle Reve New this important legislation. PA Orleans, New Orleans, LA Sincerely, District of Columbia Primary Care Associa- STOP AIDS Project, San Francisco, CA ROBERT GREENWALD, tion, Washington, D.C. Test Positive Aware Network, Chicago, IL Project Director. Elizabeth Glaser Pediatric AIDS Foundation, Title II Community AIDS Action Network, ENDORSERS OF THE EARLY TREATMENT FOR Washington, D.C. Washington, D.C. HIV ACT, AS OF FEBRUARY 6, 2003 Florida AIDS Action, Tampa, FL Treatment Action Group, New York, NY BACKGROUND Florida Keys HIV Community Planning United Communities AIDS Network, Olym- The Early Treatment for HIV Act (ETHA) Partnership, Key West, FL pia, WA is currently pending in Congress. ETHA Foundation for Integrative AIDS Research, University of IOWA HIV Program, Iowa City, Brooklyn, NY would allow states to extend Medicaid cov- IA Gay and Lesbian Medical Association, San erage to pre-disabled people living with HIV. Vermont People With AIDS Coalition, Mont- Francisco, CA It represents a breakthrough in assuring pelier, VT Gay Men’s Health Crisis, New York, NY early access to care for thousands of low-in- Visionary Health Concepts, New York, NY Georgia AIDS Coalition, Inc., Snellville, GA come people living with HIV. Currently, Whitmar Walker Clinic, Washington, D.C. HIV/AIDS Alliance for Region Two, Inc. most individuals with HIV must become dis- Williamsburg/Greenpoint/Bushwick HIV (HAART), Baton Rouge, LA abled by AIDS in orders to receive Medicaid CARE Network, Brooklyn, NY HIV/AIDS Dietetic Practice Group, Amer- coverage. Women Accepting Responsibility, Baltimore, ican Dietetic Association, Chicago, IL/ HIV/AIDS treatments are successfully de- MD Washington, D.C. laying the progression from HIV infection to Women’s HIV Collaborative of New York, HIV/AIDS Women’s Caucus of Long Beach full-blown AIDS. These advancements have New York, NY. and South Bay, Long Beach, CA improved both the health and quality of life HIV/Hepatitis C in Prison Committee/Cali- ADAP, for many people living with this disease. fornia Prison Focus, San Francisco, CA Washington, DC, April 4, 2003. However, without access to early interven- HIV Medicine Association, Alexandria, VA Hon. HILLARY RODHAM CLINTON, tion health care and treatment, these ad- HUG-M3 Program at Orlando Regional Hon. GORDON SMITH, vances remain out of reach for thousands of Healthcare, Orlando, FL U.S. Senate, non-disabled, low-income people living with Human Rights Campaign, Washington, D.C. Washington, DC. HIV. International AIDS Empowerment, El Paso, By preserving the health of people living RE: ETHA—THE EARLY TREATMENT FOR HIV TX with HIV, preventing opportunistic infec- ACT Kitsap Human Rights Network, Silverdale, tions, and slowing the progression to AIDS, DEAR SENATOR CLINTON and SENATOR WA ETHA could ultimately save taxpayer dol- SMITH: I write on behalf of our membership Lifelong AIDS Alliance, Seattle, WA lars. Most importantly, if ETHA can garner to express our support and appreciation for Louisiana Lesbian and Gay Political Action the bipartisan support needed to become law, your bipartisan efforts in introducing the Caucus, New Orleans, LA the United States will take an important Early Treatment for HIV Act. Los Angeles Gay and Lesbian Center, Los step towards ensuring that all people living Passage of this act into law is a priority Angeles, CA with HIV can get the medical care they need for this coalition and we believe ETHA can Matthew 25 AIDS Services, Inc., Henderson, to stay healthy for as long as possible. eventually be a major step towards providing KY the medically desirable early access to treat- ENDORSEMENTS Michigan Advocates Exchange, Ypsilanti, MI ment, medical care, support services and pre- The following organizations support pas- Michigan Persons Living With AIDS Task vention education for Americans with HIV sage of the Early Treatment for HIV Act: Force, Okemos, MI disease.

VerDate Jan 31 2003 04:23 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.122 S09PT1 S5088 CONGRESSIONAL RECORD — SENATE April 9, 2003 While we recognize that budgetary reward to working with you to secure passage tomatic HIV infection is not eligible for sources are constrained we also recognize the of this important legislation. Medicaid until he or she has progressed to cost effectiveness potential ETHA would Sincerely, full-blown AIDS. Since HIV-positive individ- present to state government resources. Natu- MARK M. LEVIN, uals do not quality for Medicaid, many lack rally we also realize the extreme health im- Board Chair. the ability to receive medical care and medi- portance of insuring proper medical atten- A. CORNELIUS BAKER, cine to help slow the progression of the HIV tion and access to care at the earliest pos- Executive Director. and to prevent the onset of opportunistic in- sible moment for HIV + patients. fections. Thank you for your leadership in this very NATIONAL COALITION Treating those who are HIV-positive early important effort to deliver health care to FOR LGBT HEALTH, in the progression of the disease provides nu- HIV + positive Americans who otherwise are Washington, DC, April 9, 2003. merous benefits. By making therapeutics likely to have to wait until diagnosed with Hon. GORDON SMITH, available earlier, treatment costs will dimin- full blown AIDS before receiving access to U.S. Senate, ish, new HIV infections will decrease because Medicare which would then be able to pro- Washington, DC. of the lower viral loads, the AIDS Drug As- vide them with the care and treatment sistance Program will be able to provide care Hon. HILLARY RODHAM CLINTON, to more individuals with HIV because of sav- which could prevent them from progressing U.S. Senate, to full blown AIDS—in the first place. ings, and most importantly, the quality of Washington, DC. life for countless HIV-positive individuals Our membership intends to devote time DEAR SENATORS SMITH AND CLINTON: Thank and every towards passing ETHA into law as will be improved. Simply put, providing cov- you, on behalf of the more than 75 organiza- erage earlier rather than later is the right this session of Congress proceeds. We are tions of the National Coalition for Lesbian, aware of hundreds of other organizations thing to do. Gay, Bisexual, and Transgender Health, for The Early Treatment for HIV Act would that are equally committed to the passage of your sponsorship of the Early Treatment for provide states with the option of covering ETHA. We look forward to actively sup- HIV Act of 2003. low-income HIV-infected individuals as ‘cat- porting your efforts and to a final passage of Currently, childless adults living with HIV egorically needy’. In this way, this legisla- ETHA during the 108th Congress. generally only qualify for Medicaid coverage tion is very similar to the successful effort Sincerely, once they become eligible for Supplemental in 2000 to provide states with the option of WILLIAM E. ARNOLD, Security Income (SSI). Because an indi- providing Medicaid coverage, through a fed- Director. vidual is not eligible for SSI until they be- erally funded program, to women diagnosed come disabled, a person with a symptomatic with breast or cervical cancer. WHITMAN-WALKER CLINIC, HIV infection is not eligible for Medicaid On behalf of the countless people whose April 8, 2003. until he or she has progressed to AIDS. Since lives will be improved by enactment of this The Hon. GORDON SMITH, HIV-positive individuals do not qualify for legislation, we thank you for your leadership U.S. Senate, Medicaid, many lack the ability to receive and your sponsoring this important legisla- Washington, DC. medical care and medicine to help slow the tion. The Hon. HILARY RODHAM CLINTON, progression of the HIV and to prevent the Sincerely, U.S. Senate, onset of opportunistic infections. KENNETH HALLER Jr., Washington, DC. Treating those who are HIV-positive early President. DEAR SENATORS SMITH and CLINTON: On be- in the progression of the disease provides nu- half of the thousands of men and women merous benefits. By making therapeutics VERMONT PWA COALITION, with HIV served by Whitman-Walker Clinic, available earlier, treatment costs will dimin- Montpelier, VT, April 8, 2003. the board of directors, staff and volunteers ish, due to cost savings the AIDS Drug As- Hon. GORDON SMITH, thank you for introducing the Early Treat- sistance Program will be able to provide care U.S. Senate, ment For HIV Act (ETHA). We strongly sup- to more individuals with HIV, and most im- Washington, DC. port the goals of this legislation and are portantly, the quality of life for countless DEAR SENATOR SMITH: On behalf of the grateful for your leadership. HIV-positive individuals will be improved. Vermont People with AIDS Coalition, I am As you know, ETHA would allow states to Simply put, providing coverage earlier rath- writing to thank you for agreeing to be the extend Medicaid coverage to pre-disabled er than later improved lives and reduces cost lead sponsor of the Early Treatment For HIV people living with HIV. It represents a for all. Act (ETHA). We strongly support this legis- breakthrough in assuring early access to The Early Treatment for HIV Act would lation and are greatful for your leadership. care for thousands of low-income people liv- provide states with the option of covering As you know, ETHA would allow states to ing with HIV. Current HIV treatments are low-income HIV-infected individuals as ‘‘cat- extend Medicaid coverage to pre-disabled successfully delaying the progression from egorically needy.’’ In this way, this legisla- people living with HIV. It represents a HIV infection to AIDS, as well as improving tion is very similar to the successful effort breakthrough in assuring early access to the health and quality of life for many peo- in 2000 to provide states with the option of care for thousands of low-income people liv- ple living with the disease. However, without providing Medicaid coverage to women diag- ing with HIV. Current HIV treatments are access to early intervention, health care and nosed, through a federally funded program, successfully delaying the progression from treatment, these advances remain out of with breast or cervical cancer. HIV infection to AIDS, improving the health reach for many non-disabled, low-income On behalf of the countless people whose and quality of life for many people living people with HIV. lives will be improved by enactment of this with the disease. However, without access to By preserving the health of people living legislation, we thank you for your leadership early intervention health care and treat- with HIV, preventing opportunistic infec- and your sponsoring this important legisla- ment, these advances remain out of reach for tions associated with the disease, and slow- tion. many non-disabled, low-income people with HIV. ing the progression to AIDS, the Early Very truly yours, Access to health care is an important issue Treatment for HIV Act could ultimately A. CORNELIUS BAKER, for all Vermonters. Any program that will save taxpayer dollars. Most importantly, Co-Chair, Executive give people who are HIV+ early access to should ETHA become law, the United States Committee. medical care gets our enthusiastic support. will take an important step towards ensur- EUGENIA HANDLER, In the long run, early treatment will save ing that all people living with HIV can get Co-Chair, Executive money and, more importantly, keep people the medical care they need to stay healthy Committee. healthy and productive. for as long as possible. By preserving the health of people living Whitman-Walker Clinic provides a broad GAY & LESBIAN MEDICAL ASSOCIATION, with HIV, preventing opportunistic infec- range of services including HIV testing and San Francisco, CA, April 7, 2003. tions associated with the disease, and slow- counseling, medical and dental care, sub- Hon. GORDON SMITH, ing the progression to AIDS, the Early stance abuse and mental health services and Hon. HILLARY RODHAM CLINTON, Treatment for HIV Act could ultimately housing. Yet maintaining access to these U.S. Senate, save taxpayer dollars. Most importantly, services for those in need is increasingly dif- Washington, DC. should ETHA become law, the United States ficult. DEAR SENATORS SMITH AND CLINTON: Thank will take an important step towards ensur- Despite nearly two decades of success in you, on behalf of the more than 1,500 mem- ing that all people living with HIV can get HIV prevention and care which has kept tens bers of the Gay & Lesbian Medical Associa- the medical care they need to stay healthy of thousands alive and healthy in our com- tion, for your sponsorship of the Early Treat- for as long as possible. munity, Washington, DC has a rate of AIDS ment for HIV Act of 2003. Thank you again for your leadership on be- ten times the national average. And, our re- Currently, childless adults living with HIV half of people living with HIV. Please let me gion, including Northern Virginia and Subur- generally only qualified for Medicaid cov- know if there is anything I can do to help se- ban Maryland, ranks 5th in reported number erage once they become eligible for Supple- cure passage of this important legislation. of cases. mental Security Income (SSI). Because an Sincerely, Thank you again for your leadership on be- individual is not eligible for SSI until they KATHY KILCOURSE, half of people living with HIV. We look for- become disabled, a person with asymp- Program Administrator.

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BEAVER COUNTY AIDS know if there is anything I can do to help se- METROPOLITAN COMMUNITY CHURCH SERVICE ORGANIZATION, cure passage of this important legislation. OF PORTLAND Aliquippa, PA, April 7, 2003. Sincerely, Portlands, OR, April 9, 2003. Hon. GORDON SMITH, JULIE M. HARRIS, Hon. Gordon Smith, U.S. Senate, Deputy Executive Director. U.S. Senate, Washington DC. Washington, DC. Hon. HILLARY RODHAM CLINTON, DEAR SENATOR SMITH: On behalf of the Bea- MORRISON CENTER, U.S. Senate, Washington, DC. ver County AIDS Service Organization PORTLAND, OR, APRIL 8, 2003. DEAR SENATORS SMITH AND CLINTON, I want (BCASO), I am writing to thank you for Hon. GORDON SMITH, to take this opportunity to thank you for agreeing to be the lead sponsors of the Early U.S. Senate, your sponsorship of the Early Treatment for Treatment for HIV Act (ETHA). We strongly Washington, DC. HIV Act of 2003. Esther’s Pantry has been a support this legislation and are grateful for DEAR SENATOR SMITH: On behalf of the food bank for individuals living with AIDS your leadership. thousands of parents and children served by since 1985. As funding for AIDS programs Parents Anonymous of Oregon, I wish to such as ours continue to decline and dis- As you know, ETHA would allow states to thank you for the support you have provided appear, it very important that individuals extend Medicaid coverage to pre-disabled to the Parents Anonymous Programs in diagnosed with HIV receive medical benefits people living with HIV. It represents a your State. These vital federal funds and as soon as possible so they may maintain breakthrough in assuring early access to support from Parents Anonymous Inc. some level of health and be able to provide care for thousands of low-income people liv- allow us to meet the ever increasing demand for themselves long term. We have learned so ing with HIV. Current HIV treatments are and ensure that the proven effective, child much about HIV/AIDS over the past several successfully delaying the progression from abuse prevention programs of Parents Anon- years and the most important lesson has HIV infection to AIDS, improving the health ymous are available to strengthen families been early detection and treatment. Your and quality of life for many people living here at home. bill will address that further piece of the so- with the disease. However, without access to For over twenty-five years, Parents Anon- lution by providing some resources to enable early intervention health care and treat- ymous of Oregon (PAO) has been dedicated those infected to follow through. ment, these advances remain out of reach for to the prevention of child abuse and neglect At Esther’s Pantry, we regularly provide many non-disabled, low-income people with by strengthening families in our community. individually shopped food boxes to approxi- HIV. Currently we provide 14 free weekly Parent mately 150 clients every month for a total By preserving the health of people living Support Groups and Children’s Programs to annual population of clients numbering 250. with HIV, preventing opportunistic infec- parents experiencing challenges and stress in We recently lost Ryan White Title 1 funding tions associated with the disease, and slow- their family and who have the courage to and now provide our service through local ing the progression to AIDS, the Early seek help. PAO is committed to providing donation and grant funding from a variety of Treatment for HIV Act could ultimately services to anyone in parenting role, but par- sources. All clients must have AIDS and be save taxpayer dollars. Most importantly, ticularly to at risk populations, including at less than twice the federal poverty level. should ETHA become law, the United States low income Latino families, women We are a provider for these clients who are will take an important step towards ensur- transitioning from federal prison and women struggling to cope with increased medical ing that all people living with HIV can get in residential treatment for substance abuse. costs. Earlier treatment of all these clients the medical care they need to stay healthy I respectfully request your support and ad- would have helped to maintain their health, for as long as possible. vocacy for two funding initiatives for Par- and enable them to expend their resources  Thank you again for your leadership on be- ents Anonymous Inc. for fiscal year 2004. for other life necessities. Failure to do this $4 million in the current level of appropria- half of people living with HIV. Please let me has only created a dire situation. know if there is anything I can do to help se- tions under the Commerce-Justice-State This is certainly a bill that takes the nec- cure passage of this important legislation. (‘‘CJS’’) appropriations bill, for strength- essary steps to improve the situation for so ening and expanding nationwide services to Sincerely, many men, women and children suffering families in local communities to prevent DAVID ADKINS, from this disease. Thank you for your con- child abuse, neglect, and juvenile delin- Program Coordinator. tinuing efforts. quency. In Gratitude, $3 million under the Labor-Health and DAVID R. BECKLEY, AIDS COUNCIL Human Services (‘‘LHHS’’) appropriations Executive Director. OF NORTHEASTERN NEW YORK, bill for establishing, operating, and main- Albany, NY, April 8, 2003. taining a national parent helpline. Hon. GORDON SMITH, Research demonstrates that child abuse PARENTS, FAMILIES AND FRIENDS OF U.S. Senate, and neglect is often a precursor to delin- LESBIANS AND GAYS, Washington, DC. quent and adult criminal behavior and that Washington, DC, April 7, 2003. Hon. GORDON SMITH, DEAR SENATOR GORDON: On behalf of the children who are abused or neglected are 40% AIDS Council of Northeastern New York, I more likely to engage in delinquency or U.S. Senate, am writing to thank you for agreeing to be adult criminal behavior. In fact, being Washington, DC. the lead sponsors of the Early Treatment for abused or neglected as a child increases the Hon. HILLARY RODHAM CLINTON, HIV Act (ETHA). We strongly support this likelihood of an arrest as a juvenile by 59%, U.S. Senate, legislation and are grateful for your leader- as an adult by 28%, and for a violent crime Washington, DC. ship. by 30%. The requested CJS funding will en- Re: Early Treatment for HIV Act of 2003  DEAR SENATORS SMITH and CLINTON: I am As you know, ETHA would allow states to able us to continue Parents Anonymous Programs and address the needs of at-risk the executive director of Parents, Families extend Medicaid coverage to pre-disabled and Friends of Lesbians and Gays (PFLAG), people living with HIV. It represents a populations. In addition, this funding will help, in the long run, to reduce expenditures the nation’s foremost family organization breakthrough in assuring early access to dedicated to fair treatment for gay, lesbian, care for thousands of low-income people liv- in other Department of Justice programs. The requested LHHS funding for a national bisexual and transgender (GLBT) persons. ing with HIV. Current HIV treatments are parent helpline run by Parents Anonymous Founded in 1973 by heterosexual parents who successfully delaying the progression from Inc. will enable parents throughout the were brought together by their deep desire to HIV infection to AIDS, improving the health country, in all states, on reservations, in understand and accept their GLBT loved and quality of life for many people living urban and rural areas, to obtain immediate ones, PFLAG consists of almost 500 chapters with the disease. However, without access to support and help, 24 hours a day, 7 days a and represents over 250,000 members and sup- early intervention health care and treat- week. Currently, thee is no national toll-free porters—Republicans and Democrats— ment, these advances remain out of reach for telephone system aimed at providing imme- throughout the country. On behalf of our na- many non-disabled, low-income people with diate support to parents seeking help with tional membership, I write to thank you for HIV. their child-raising crises and connecting your sponsorship of the Early Treatment for By preserving the health of people living them with effective community-based pro- HIV Act of 2003. with HIV, preventing opportunistic infec- grams for assistance—the first cry for help As a national organization whose mission tions associated with the disease, and slow- needs to be answered in order to prevent focuses on the health and well-being of ing the progression to AIDS, the Early child abuse and neglect. GLBT persons, PFLAG strongly believes Treatment for HIV Act could ultimately Given your strong commitment and leader- that treating those who are HIV-positive save taxpayer dollars. Most importantly, ship to addressing the needs of families in early in the progression of the disease pro- should ETHA become law, the United States your State, we wish to thank you in advance vides numerous benefits. By making thera- will take an important step towards ensur- for championing these two FY 04 funding ini- peutics available earlier, treatment costs ing that all people living with HIV can get tiatives. will diminish, new HIV infections will de- the medical care they need to stay healthy Very truly yours, crease because of the lower viral loads, the for as long as possible. RUTH TAYLOR, AIDS Drug Assistance Program will be able Thank you again for your leadership on be- Program Director, to provide care to more individuals with HIV half of people living with HIV. Please let me Parents Anonymous of Oregon. because of savings, and most importantly,

VerDate Jan 31 2003 04:23 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.118 S09PT1 S5090 CONGRESSIONAL RECORD — SENATE April 9, 2003 the quality of life for countless HIV-positive ices to low-income Americans living with know if there is anything I can do to help se- individuals will be improved. Simply put, HIV. cure passage of this important legislation. providing coverage earlier rather than later The Early Treatment for HIV Act (ETHA) Sincerely, is the right thing to do. would allow states to expand their Medicaid TOM PETERSON, The Early Treatment for HIV Act would programs to cover HIV positive individuals, Co-Chair, Southern California HIV Advocacy provide states with the option of covering before they become disabled, without having Coalition. low-income HIV-infected individuals as ‘‘cat- to receive a waiver. NASTAD believes this egorically needy’’. In this way, this legisla- legislation would allow HIV positive individ- THE CENTER FOR AIDS, tion is very similar to the successful effort uals to access the medical care that is widely Houston, Tx, April 4, 2003. in 2000 to provide states with the option of recommended, can postpone or avoid the Hon. GORDON SMITH, providing Medicaid coverage to women diag- onset of AIDS, and can enormously increase U.S. Senate, nosed, through a federally funded program, the quality of life for people living with HIV. Washington, DC. DEAR SENATOR SMITH: on behalf of The with breast or cervical cancer. State AIDS directors continue to develop PFLAG is proud to support you in calling Center for AIDS: Hope & Remembrance innovative and cost-effective HIV/AIDS pro- for these critical steps to be taken in our na- Project (CFA), I am writing to thank you for grams in the face of devastating state budget tional fight against AIDS/HIV, and we ap- agreeing to be the lead sponsors of the Early cuts and federal contributions that fail to plaud you for your leadership in this impor- Treatment For HIV Act (ETHA). We strongly keep up with need. ETHA provides a solution tant battle we must all win. support this legislation and are grateful for to states by increasing health care access for Sincerely, your leadership. those living with HIV/AIDS. ETHA will also DAVID TSENG, As you know, ETHA would allow states to save states money in the long-run by treat- Executive Director. extend Medicaid coverage to pre-disabled ing HIV positive individuals earlier in the people living with HIV. It represents a disease’s progression and providing states ELIZABETH GLASER PEDIATRIC breakthrough in assuring early access to with a federal match for the millions of dol- AIDS FOUNDATION, care for thousands of low-income people liv- lars they are presently spending on HIV/ Washington, DC, April 8, 2003. ing with HIV. Current HIV treatments are AIDS care. Hon. GORDON SMITH, successfully delaying the progression from U.S. Senate, Thank you very much for your continued HIV infection to AIDS, improving the health Washington, DC. commitment to persons living with HIV/ and quality of life for many people living with the disease. However, without access to Hon. HILLARY RODHAM CLINTON, AIDS. I look forward to working with you to U.S. Senate, gain support for this important piece of leg- early intervention health care and treat- Washington, DC. islation. ment, these advances remain out of reach for DEAR SENATORS SMITH AND CLINTON: On be- Sincerely, many non-disabled, low-income people with half of the Elizabeth Glaser Pediatric AIDS JULIE M. SCOFIELD, HIV. Moreover, without these treatments to Foundation, I would like to express my Executive Director. stave off disease progression, hospitaliza- strong support for the Early Treatment for tions and associated costs would unneces- HIV Act of 2003. We applaud your efforts to SOUTHERN CALIFORNIA sarily add millions of dollars in burdens to give states the option to extend critical Med- HIV ADVOCACY COALITION, the U.S. health care system. The CFA has the largest collection HIV/ icaid benefits to low-income HIV-infested in- April 7, 2003. AIDS-specific treatment information in the dividuals. Hon. GORDON SMITH, southwestern U.S. The CFA specializes in re- For children and adults infected with HIV U.S. Senate, search/treatment information and advocacy. the recent dramatic advances in treatment Washington, DC. offer great hope for living long and healthy The proposed ETHA legislation will help The DEAR SENATOR SMITH: on behalf of the CFA’s clients—those affected by HIV/AIDS lives. Unfortunately, for too many low-in- Southern California HIV Advocacy Coalition, both locally in Houston and nationally—stay come and uninsured individuals the cost of I am writing to thank you for agreeing to be healthier and lead productive lives in soci- these live-saving medications is out of reach. the lead sponsors of the Early Treatment ety. A ‘‘catch-22’’ in the current Medicaid rules For HIV Act (ETHA). We strongly support By preserving the health of people living requires that they must be disabled by AIDS this legislation and are grateful for your with HIV, preventing opportunistic infec- before Medicaid will begin to cover the drugs leadership. tions associated with the disease, and slow- that would have prevented or delayed their As you know, ETHA would allow states to ing the progression to AIDS, ETHA could ul- becoming disabled in the first place. extend Medicaid coverage to pre-disabled timately save taxpayer dollars. Most impor- Improving the access of HIV-positive indi- people living with HIV. It represents a tantly, should ETHA become law, the United viduals to treatment early in the progression breakthrough in assuring early access to States will take an important step towards of the disease is not only humane, but also care for thousands of low-income people liv- ensuring that all people living with HIV can cost-effective. Early treatment lowers the ing with HIV. Current HIV treatments are get the medical care they need to stay need for expensive medical interventions successfully delaying the progression from healthy for as long as possible. and, by decreasing viral loads, reduces the HIV infection to AIDS, improving the health Thank you again for your leadership on be- likelihood of new infections. Just as impor- and quality of life for many people living half of people living with HIV. Please let me tantly, by preserving the ability of HIV-in- with the disease. However, without access to know if there is anything I can do to help se- fected individuals to be productive and early intervention health care and treat- cure passage of this important legislation. healthy workers, parents and citizens, early ment, these advances remain out of reach for Sincerely, treatment also reduces the attendant social many non-disabled, low-income people with THOMAS GEGENY, costs of AIDS. HIV. The delay in getting individuals into a MS, ELS, Editor & Interim Director. Thank you for your leadership and com- system of care is having a huge detrimental mitment to this issue. We look forward to impact on the HIV delivery system and the ASSOCIATION OF MATERNAL working with you toward passage of the entire health safety net in the Southern CHILD HEALTH PROGRAMS, Early Treatment for HIV Act. California area. Washington, DC, April 4, 2003. Sincerely, By preserving the health of people living Hon. GORDON SMITH, MARK ISAAC, U.S. Senate, Vice President for Governmental with HIV, preventing opportunistic infections associated with the disease, and slow- Washington, DC. and Public Affairs. DEAR SENATOR SMITH: on behalf of the As- ing the progression to AIDS, the Early sociation of Maternal and Child Health Pro- Treatment for HIV Act could ultimately NATIONAL ALLIANCE OF STATE AND grams (AMCHP), I am writing to thank you save taxpayer dollars. Most importantly, TERRITORIAL AIDS DIRECTORS, for agreeing to be a lead sponsor of the Early should ETHA become law, the United States Washington, DC, April 8, 2003. Treatment For HIV Act (ETHA). We strongly will take an important step towards ensur- Hon. GORDON SMITH, support this legislation and are grateful for ing that all people living with HIV can get Russell Senate Office Building, your leadership. Washington, DC. the medical care they need to stay healthy As you know, ETHA would allow states to DEAR SENATOR SMITH: On behalf of the Na- for as long as possible. extend Medicaid coverage to pre-disabled tional Alliance of State and Territorial AIDS In an era of constrained federal resources people living with HIV. It represents a Directors (NASTAD), I am writing to offer for health care spending, we must aggres- breakthrough in assuring early access to our support for the ‘‘Early Treatment for sively fight for effective means to finance care for thousands of low-income people liv- HIV Act.’’ NASTAD represents the nation’s care for people with HIV. This bill will begin ing with HIV. Current HIV treatments are chief state and territorial health agency to address these challenges through a perma- successfully delaying the progression from staff who are responsible for HIV/AIDS pre- nent funding solution, allowing states to ex- HIV infection to AIDS, improving the health vention, care and treatment programs fund- pand the safety net to cover eligible persons and quality of life for many people living ed by state and federal governments. This with early-stage HIV disease. with the disease. However, without access to legislation would give states an important Thank you again for your leadership on be- early intervention health care and treat- option in providing care and treatment serv- half of people living with HIV. Please let me ment, these advances remain out of reach for

VerDate Jan 31 2003 04:23 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.138 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5091 many non-disabled, low-income people with S. 847 Mr. MCCAIN. Mr. President, I am HIV. Be it enacted by the Senate and House of Rep- pleased to join with Senator KYL today AMCHP represents the directors and staff resentatives of the United States of America in to introduce the Northern Arizona Na- of state public health programs for maternal Congress assembled, and child health (funded by the Federal Ma- tional Forest Land Exchange Act of SECTION 1. SHORT TITLE. ternal and Child Health Services Block 2003. This bill facilitates an exchange This Act may be cited as the ‘‘Early Treat- Grant), including children with special of over 50,000 acres of Federal and pri- ment for HIV Act of 2003’’. health care needs. These programs provided vate land in Arizona for the primary services to over 27 million Americans in FY SEC. 2. OPTIONAL MEDICAID COVERAGE OF LOW- purpose of consolidating National For- 1999, including 18 million children between INCOME HIV-INFECTED INDIVID- UALS. est lands currently in checkerboard the ages of 1 and 22, 16% of whom had no (a) IN GENERAL.—Section 1902 of the Social ownership in the northwestern portion known source of health insurance. of the State. Included in the exchange With this legislation, the United States Security Act (42 U.S.C. 1396a) is amended— will take an important step towards ensur- (1) in subsection (a)(10)(A)(ii)— are a number of other Federal land paring that all people living with HIV can get (A) by striking ‘‘or’’ at the end of sub- cels located in the communities of the medical care they need to stay healthy clause (XVII); Flagstaff, Williams, Clarkdale, Cotton- for as long as possible. (B) by adding ‘‘or’’ at the end of subclause wood, and Camp Verde and other lands Thank you again for your leadership on (XVIII); and currently leased by six different camps. this issue. Please let me know how I can help (C) by adding at the end the following: This is a complex land exchange be- support your efforts to secure passage of this ‘‘(XIX) who are described in subsection (cc) (relating to HIV-infected individuals);’’; and cause of its size, the diverse nature of important legislation. the lands involved, and the range of po- Sincerely, (2) by adding at the end the following: tential benefits and impacts that would DEBORAH DIETRICH, ‘‘(cc) HIV-infected individuals described in Acting Executive Director. this subsection are individuals not described result. The Forest Service has stated in subsection (a)(10)(A)(i)— that the consolidation of the checker- SAN FRANCISCO ‘‘(1) who have HIV infection; board in the Prescott National Forest AIDS FOUNDATION, ‘‘(2) whose income (as determined under will yield significant benefits and cost- San Francisco, CA, April 8, 2003. the State plan under this title with respect savings to the public. In putting forth Hon. GORDON SMITH, to disabled individuals) does not exceed the maximum amount of income a disabled indi- this exchange with the Yavapai Ranch U.S. Senate, Limited Partnership, the Forest Serv- Washington, DC. vidual described in subsection (a)(10)(A)(i) Hon. HILLARY RODHAM CLINTON, may have and obtain medical assistance ice has identified opportunities to U.S. Senate, under the plan; and achieve better and more cost-effective Washington, DC. ‘‘(3) whose resources (as determined under management of Federal lands and re- DEAR SENATORS SMITH and CLINTON: the the State plan under this title with respect sources, to acquire lands that will meet San Francisco AIDS Foundation would like to disabled individuals) do not exceed the the important public objectives of pro- to thank you for your sponsorship of the maximum amount of resources a disabled in- tection of wildlife habitat, cultural re- Early Treatment for HIV Act 2003. dividual described in subsection (a)(10)(A)(i) The Act would provide states with the op- may have and obtain medical assistance sources, watershed, wilderness and aes- tion of covering low-income people living under the plan.’’. thetic values, and also meet the needs with HIV as ‘categorically needy’ provide (b) ENHANCED MATCH.—The first sentence of State and local residents and their them with medical care and treatment, re- of section 1905(b) of the Social Security Act economies. duce long term health care costs to states, (42 U.S.C. 1396d(b)) is amended by striking The communities of Flagstaff and and address a serious gap in public health ‘‘section 1902(a)(10)(A)(ii)(XVIII)’’ and insert- Williams and the camps are strongly in care access. Recent breakthroughs in med- ing ‘‘subclause (XVIII) or (XIX) of section favor of this bill as it will allow them ical science and clinical practice have trans- 1902(a)(10)(A)(ii)’’. to acquire federal lands that will be ex- (c) CONFORMING AMENDMENTS.—Section formed the possibilities in HIV/AIDS care in changed to Yavapai Ranch, providing the United States. Today, we know that 1905(a) of the Social Security Act (42 U.S.C. early intervention with medical care and 1396d(a)) is amended in the matter preceding them beneficial economic and land use treatment for HIV disease slows the progres- paragraph (1)— management opportunities. The com- sion of HIV and prevents the onset of oppor- (1) by striking ‘‘or’’ at the end of clause munities of Clarkdale, Cottonwood, tunistic infections. Application of this (xii); and Camp Verde are also an important knowledge lengthens the life expectancy and (2) by adding ‘‘or’’ at the end of clause part of this exchange. Inclusion of dramatically improves the quality of life for (xiii); and these parcels, totaling more than 300 many. These changes in science and medical (3) by inserting after clause (xiii) the fol- acres, has focused discussion on essen- lowing: practice demand revisions in the treatment tial issues of available water supply, of HIV disease under Medicaid. ‘‘(xiv) individuals described in section Currently Medicaid eligibility for childless 1902(cc);’’. the limits of sustainable growth, and adults is tied to Supplemental Security In- (d) EXEMPTION FROM FUNDING LIMITATION quality of life concerns. come (SSI) eligibility. The result of this de- FOR TERRITORIES.—Section 1108(g) of the So- The issue of potential adverse im- termination is that people living with HIV cial Security Act (42 U.S.C. 1308(g)) is amend- pacts of new development on limited must wait for Medicaid access until their ed by adding at the end the following: water resources has been addressed in disease has progressed to a disabling AIDS ‘‘(3) DISREGARDING MEDICAL ASSISTANCE FOR this bill through the establishment of diagnosis. The cruel irony of this practice is OPTIONAL LOW-INCOME HIV-INFECTED INDIVID- conservation easements which limit that individuals are forced to incur often-ir- UALS.—The limitations under subsection (f) water use on the Verde Valley parcels reparable damage to their immune systems and the previous provisions of this sub- before receiving treatments that could have section shall not apply to amounts expended after private acquisition. This fore- delayed or avoided the damage. This is for medical assistance for individuals de- sighted provision is intended to con- counter to sound public health practices and scribed in section 1902(cc) who are only eligi- serve precious surface and ground all but guarantees higher cost of care for ble for such assistance on the basis of section water resources and protect the water thousands of affected individuals. This seri- 1902(a)(10)(A)(ii)(XIX).’’. users and State water right holders de- ous anomaly in public health care coverage (e) EFFECTIVE DATE.—The amendments pendent upon them. Given the uncer- must be rectified by the enactment of this made by this section shall apply to calendar tainty about available water supplies legislation. quarters beginning on or after the date of and future uses, I believe this is a re- The AIDS Foundation thanks you both for the enactment of this Act, without regard to your leadership and sponsorship of this im- whether or not final regulations to carry out sponsible measure which is in the in- portant legislation. such amendments have been promulgated by terest of both Arizona citizens and the Sincerely, such date. American public. ERNEST HOPKINS, Of primary importance to me are the Director of Federal Affairs. By Mr. MCCAIN (for himself and procedural terms and conditions by Mr. President, I ask unanimous con- Mr. KYL): which the land exchange will be consent that a copy of the Early Treat- S. 849. A bill to provide for a land ex- ducted. The Forest Service has stated ment for HIV Act of 2003 be printed in change in the State of Arizona between that the procedures set forth in this the RECORD. the Secretary of Agriculture and bill represent standard practice and There being no objection, the bill was Yavapai Ranch Limited Partnership; to will allow for the desired outcome of a ordered to be printed in the RECORD, as the Committee on Energy and Natural fair and equal value exchange of public follows: Resources. property. I have also made an effort to

VerDate Jan 31 2003 04:23 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.141 S09PT1 S5092 CONGRESSIONAL RECORD — SENATE April 9, 2003 solicit public input on the exchange in health and reduce hazardous fuels. In S. RES. 112 order to appreciate the potential bene- turn, better management will help de- Whereas National Youth Service Day is an fits and costs involved. I held several crease the fire risk in Arizona’s forests. annual public awareness and education cam- public meetings in Arizona on the ex- The importance of improved manage- paign that highlights the amazing contribu- change and have heard and read the ment and efficient restoration treat- tions that young people make to their com- differing views of hundreds of inter- ments cannot be overstated given last munities throughout the year; Whereas the goals of National Youth Serv- ested Arizonans. year’s devastating Rodeo-Chediski fire. ice Day are to mobilize youths to identify After careful consideration, I believe In addition to protecting Arizona’s and address the needs of their communities it is appropriate that the bill be intro- natural resources, this bill allows sev- through service, recruit the next generation duced at this time. While the proposed eral Northern Arizona communities to of volunteers, and educate the public about exchange has the support of the Forest accommodate future growth and eco- the contributions young people make as Service, the elected representatives of nomic development, and to meet other community leaders throughout the year; the affected communities, and the municipal needs. The exchange will Whereas young people in the United States camps, introduction of this bill ad- allow the Cities of Williams and Flag- are volunteering more than has any genera- vances us to the next phase of public tion in American history; staff to expand their airports and Whereas the ongoing contributions young consideration of key aspects and proce- water-treatment facilities, and develop people make to their communities through- dural issues associated with the legis- town parks and recreation areas. The out the year should be recognized and en- lation. town of Camp Verde will have the op- couraged; I expect that public hearings will be portunity to acquire lands for view Whereas young people should be viewed as held here and in Arizona on the bill in shed protection. Several youth organi- the hope not only of tomorrow, but of today, the near future. The Forest Service zations throughout northern Arizona and should be valued for the inherent ideal- will have an opportunity to provide will be able to acquire land for their ism, energy, creativity, and commitment public statements concerning the spe- that they employ in addressing the needs of camps. their communities; cific provisions of the bill, as will other Even as it addresses environmental Whereas there is a fundamental and abso- parties affected by the exchange. I an- and community needs, this bill saves lute correlation between youth service and ticipate that in the next phase of the significant taxpayer dollars. It obvi- lifelong adult volunteering and philan- legislative process, our state delega- ates the administrative route for land thropy; tion will receive the information need- exchange—doing an exchange of this Whereas, through volunteer service and reed to address any remaining issues and size administratively would require lated learning opportunities, young people ensure that this exchange will be con- considerable financial and personnel build character and learn valuable skills, in- ducted in a manner that benefits the cluding time management, teamwork, needs- resources within the Forest Service. assessment, and leadership, that are sought citizens of Arizona and Federal tax- The agency estimates that the legisla- by employers; payers alike. tive approach will cost half as much as Whereas service-learning, an innovative Mr. KYL. Mr. President, today, I am the administrative alternative—result- teaching method combining service to the pleased to join with Senator MCCAIN to ing in potential savings to the tax- community with classroom curriculum, is a introduce the Northern Arizona Na- payers in excess of $500,000. proven strategy to increase academic tional Forest Land Exchange Act of This land exchange is supported and achievement; 2003. This bill, which facilitates a large endorsed by many municipalities, reli- Whereas National Youth Service Day was first organized in 1988 by Youth Service and very complex land exchange in Ari- gious institutions, environmental zona, is the product of months of dis- America and the Campus Outreach Oppor- groups, and other nongovernmental or- tunity League, and is now being observed in cussions between the Forest Service, ganizations in Arizona. Experts from 2003 for the 15th consecutive year; community groups, local officials, and the Arizona Game and Fish Depart- Whereas Youth Service America continues other stakeholders. It will allow comment have reviewed the lands to be ex- to expand National Youth Service Day, now munities to accommodate growth and changed and strongly support the pro- engaging millions of young people nation- improve the management of our for- posal. I have received hundreds of let- wide with 50 Lead Agencies in nearly every ests; it will also yield many environ- ters and petitions from residents ex- State to organize activities across the mental benefits to the public. United States; pressing support for it. This exchange Whereas Youth Service America has ex- This bill will protect some of Arizo- is extremely important to the residents na’s most beautiful ponderosa pine for- panded National Youth Service Day to in- of Arizona. volve over 60 National Partners; ests from future development by plac- This land exchange is a unique oppor- Whereas National Youth Service Day has ing approximately 35,000 acres of pri- tunity to protect Arizona’s natural re- inspired Global Youth Service Day, which vate land into public use. It consoli- sources while accommodating the tre- occurs concurrently in 127 countries and is dates a 110-square mile area in the mendous growth that my State is expe- now in its fourth year; and Prescott National Forest near the ex- riencing. This bill is good for the state Whereas young people will benefit greatly isting Juniper Mesa Wilderness under from expanded opportunities to engage in of Arizona and I plan to work with my meaningful volunteer service: Now, there- Forest Service ownership, to preserve colleagues to ensure that we pass this the area in its natural state and pre- fore, be it important legislation this year. Resolved, vent its subdivision. This land has old f SECTION 1. RECOGNITION AND ENCOURAGE- growth ponderosa pine that is at least MENT OF YOUTH COMMUNITY SERV- 250 years old and juniper that is 500 SUBMITTED RESOLUTIONS ICE. years old or older. Consolidation will The Senate recognizes and commends the preserve the area for watershed man- significant contributions of American youth agement, wildlife habitat, and outdoor SENATE RESOLUTION 112—DESIG- and encourages the cultivation of a common recreation. Without consolidation, NATING APRIL 11TH, 2003, AS civic bond among young people dedicated to ‘‘NATIONAL YOUTH SERVICE serving their neighbors, their communities, these tracts would be open to future and the Nation. development. I am pleased that this DAY’’, AND FOR OTHER PUR- POSES SEC. 2. NATIONAL YOUTH SERVICE DAY. bill will preserve them for future gen- (a) SENSE OF THE SENATE.—It is the sense erations. Ms. MURKOWSKI (for herself, Mr. of the Senate that the President should des- This bill significantly improves man- AKAKA, Mr. BIDEN, Mr. DEWINE, Mr. ignate April 11, 2003, as ‘‘National Youth agement of the Prescott National For- JOHNSON, Mr. BAYH, Mr. BAUCUS, Mr. Service Day’’. est. The existing checkerboard owner- BROWNBACK, Mr. BUNNING, Mr. CAMP- (b) PROCLAMATION.—The Senate requests ship pattern in the Prescott makes BELL, Mrs. CLINTON, Mr. COCHRAN, Ms. the President to issue a proclamation— management and access difficult. The COLLINS, Mr. DOMENICI, Mr. DURBIN, (1) designating April 11, 2003, as ‘‘National Youth Service Day’’; and exchange improves management of the Mr. KENNEDY, Ms. LANDRIEU, Mr. (2) calling on the people of the United forest by consolidating this land, and LUGAR, Ms. MIKULSKI, Mrs. MURRAY, States to— allowing the Forest Service to effec- and Mr. STEVENS) submitted the fol- (A) observe the day by encouraging and en- tively apply forest-restoration treat- lowing resolution; which was consid- gaging youth to participate in civic and comments designed to improve forest ered and agreed to: munity service projects;

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.112 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5093 (B) recognize the volunteer efforts of our Whereas David Bloom, as a skilled and de- Whereas Coach Boeheim had previously Nation’s young people throughout the year; termined reporter, covered many major news coached in 2 national championship games, and stories for NBC News, including reporting including a heartbreaking loss in 1987; (C) support these efforts as an investment from Israel on the escalating violence in the Whereas Coach Boeheim and his coaching in the future of our Nation. Middle East, the recovery efforts from staff, including Associate Head Coach Bernie f Ground Zero after September 11, 2001, the Fine and Assistant Head Coaches Mike Hop- war on terrorism at home, and the Wash- kins and Troy Weaver, deserve much credit SENATE RESOLUTION 113—COM- ington, D.C., sniper story; for the outstanding determination and ac- MENDING THE HUSKIES OF THE Whereas, while covering the White House complishments of their young team; and UNIVERSITY OF CONNECTICUT beat between 1997 and 2000, David Bloom re- Whereas the students, alumni, faculty, and FOR WINNING THE 2003 NCAA DI- ported on the Maryland Peace Summit with supporters of Syracuse University are to be VISION I WOMEN’S BASKETBALL Yassir Arafat and Benjamin Netanyahu, on congratulated for their commitment and CHAMPIONSHIP Operation Desert Fox in Iraq, and on the pride in their national champion men’s bas- NATO air campaign in Kosovo; ketball team: Now, therefore, be it Mr. DODD (for himself and Mr. Whereas, prior to being named White Resolved, That the Senate— LIEBERMAN) submitted the following House Correspondent, David Bloom was a (1) congratulates the Syracuse University resolution; which was considered and Los Angeles-based correspondent for NBC men’s basketball team for winning the 2003 agreed to: News, where he reported extensively on the NCAA Division I men’s basketball national Unabomber, the Freeman ranch standoff, and championship; S. RES. 113 the war in Bosnia; (2) recognizes the achievements of all the Whereas the University of Connecticut Whereas David Bloom was a co-recipient of team’s players, coaches, and support staff women’s basketball team won its third na- the 1992 George Foster Peabody Award, a and invites them to the United States Cap- tional championship in 4 years by defeating winner of the Radio-Television News Direc- itol Building to be honored; arch-rival University of Tennessee by the tors Association Edward R. Murrow Award (3) requests that the President recognize score of 73 to 68; for his coverage of Hurricane Andrew, and a the achievements of the Syracuse University Whereas the Huskies finished the 2002–2003 1991 Regional Emmy Award winner for Inves- men’s basketball team and invite them to season with a record of 37 wins and 1 loss, tigative Journalism for his report on the the White House for an appropriate cere- and have now won 76 of their last 77 games; shipment of arms to Iraq from south Florida; mony honoring a national championship Whereas during the 2002–2003 season the Whereas David Bloom was a devoted hus- team; and Huskies won their 70th game in a row, set- band to his wife, Melanie, and a proud father (4) directs Secretary of the Senate to make ting a new record for NCAA Division I Wom- to three exceptional daughters, Nicole, available enrolled copies of this resolution to en’s Basketball; Christine, and Ava; and Syracuse University for appropriate display Whereas Coach Geno Auriemma has been Whereas David Bloom’s life was distin- and to transmit an enrolled copy of this res- coaching the Huskies for 18 years, and guished for its great ambition, multitude of olution to each coach and member of the 2003 achieved his 500th career win this season; accomplishments, standards of excellence, NCAA Division I men’s basketball national Whereas Coach Auriemma won his second- dedication to family, and important con- championship team. straight Coach of the Year honor this year; tributions to the dissemination of unbiased f Whereas Diana Taurasi was chosen as the information to citizens throughout the coun- national women’s player of the year, and the try: Now, therefore, be it SENATE RESOLUTION 116—COM- NCAA Tournament’s most valuable player; Resolved, That the Senate— Whereas Ashley Battle was chosen as Big MEMORATING THE LIFE, (1) pays tribute to the outstanding career ACHIEVEMENTS, AND CONTRIBU- East defensive player of the year; and devoted work of David Bloom; Whereas the high caliber of the Huskies in (2) expresses its deepest condolences to his TIONS OF AL LERNER both athletics and academics has signifi- family; and Mr. DEWINE (for himself and Mr. cantly advanced the sport of women’s bas- (3) directs the Secretary of the Senate to ketball and provided inspiration for future VOINOVICH) submitted the following transmit an enrolled copy of this resolution resolution; which was referred to the generations of young men and women alike; to the family of David Bloom. and Committee on the Judiciary: Whereas the Huskies unparalleled success f S. RES. 116 continues to bring enormous pride and joy to the people of Connecticut and to sports Whereas Alfred Lerner (‘‘Al’’ to those who aficionados around the country: Now, there- SENATE RESOLUTION 115—CON- knew him best) was a successful, humble, fore, be it GRATULATING THE SYRACUSE compassionate, and well respected member Resolved, That the Senate commends the UNIVERSITY MEN’S BASKETBALL of his family and community whose life was Huskies of the University of Connecticut TEAM FOR WINNING THE 2003 devoted to civic involvement and efforts to for— NCAA DIVISION I MEN’S BASKET- improve the quality of education and health care available to his fellow citizens; (1) completing the 2002–2003 women’s bas- BALL NATIONAL CHAMPIONSHIP ketball season with a record of 37 wins and 1 Whereas Al Lerner was born in Brooklyn, loss, including winning their record 70th Mr. SCHUMER (for himself, Mrs. New York in 1933, graduated from Brooklyn game in a row; and CLINTON, and Mr. BIDEN) submitted the Technical High School in 1951, and received a (2) winning the 2003 NCAA Division I Wom- following resolution; which was consid- B.A. from Columbia College in 1955; en’s Basketball Championship, their fourth ered and agreed to: Whereas Al Lerner was a Marine Corps offi- national championship. cer and pilot from 1955 through 1957, dis- S. RES. 115 playing his love of country by wearing his f Whereas on Monday, April 7, 2003, the Syr- Marine Corps cap long after finishing his SENATE RESOLUTION 114—HON- acuse University Orangemen men’s basket- tour of duty, and later was a director of the ORING THE LIFE OF NBC RE- ball team won its first Division I national Marine Corps Law Enforcement Foundation; PORTER DAVID BLOOM, AND EX- basketball championship; Whereas Al Lerner was the son of Russian Whereas Syracuse University won the immigrants, and in 2002 received the Ellis Is- PRESSING THE DEEPEST CONDO- championship game by defeating the Univer- land Medal of Honor, which celebrates immi- LENCES OF THE SENATE TO HIS sity of Kansas Jayhawks 81 to 78; grant heritage and individual achievements; FAMILY ON HIS DEATH Whereas the Syracuse University team was Whereas Al Lerner and his high school Mr. DAYTON (for himself, Mr. COLE- led by freshman Carmelo Anthony, who was sweetheart, best friend, and partner in life, MAN, and Mrs. DOLE) submitted the fol- voted Most Outstanding Player of the Final Norma Lerner, shared 47 years of marriage lowing resolution; which was consid- Four, and received outstanding effort and and were deeply committed to their 2 chil- support from Gerry McNamara, Billy Edelin, dren, Randy and Nancy; ered and agreed to: Kueth Duany, Hakim Warrick, Craig Forth, Whereas Al and Norma Lerner made ex- S. RES. 114 Jeremy McNeil, and Josh Pace; tremely generous contributions to local and Whereas the Senate has learned with sad- Whereas the roster of the Syracuse Univer- national charities, including a contribution ness of the death of NBC Reporter David sity team also included Tyrone Albright, of $10,000,000 in 1993 to Rainbow Babies and Bloom; Josh Brooks, Xzavier Gaines, Matt Gorman, Children’s Hospital in Cleveland, a donation Whereas David Bloom, a native of Edina, Gary Hall, Ronneil Herron, and Andrew of $16,000,000 to support construction of the Minnesota, greatly distinguished himself by Kouwe; Lerner Research Institute, and a donation of his rapid rise in the field of journalism; Whereas Head Coach Jim Boeheim has $100,000,000 to the Cleveland Clinic—one of Whereas, most recently, David Bloom was coached at Syracuse University for 27 years the largest donations to academic medicine embedded with the Third Infantry Division and been involved with the Syracuse Univer- in the history of the United States; of the United States Army to provide in- sity men’s basketball team for more than Whereas Al Lerner served as president and depth reporting on the war in Iraq; half his life; trustee of the Cleveland Clinic Foundation

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.127 S09PT1 S5094 CONGRESSIONAL RECORD — SENATE April 9, 2003 where the Lerner Research Institute was es- hance the ability of low-income Ameri- ‘‘(2) QUALIFYING LAND OR WATER INTER- tablished to conduct research of new treat- cans to gain financial security by EST.— ments for cancer, coronary artery disease, building assets, and for other purposes; ‘‘(A) IN GENERAL.—The term ‘qualifying and AIDS; as follows: land or water interest’ means a real property Whereas Al Lerner, along with his business interest which constitutes— partner Carmen Policy, reestablished a Na- Beginning on page 26, line 8, strike all ‘‘(i) a taxpayer’s entire interest in land, tional Football League team in Northern through page 36, line 13, and insert the fol- ‘‘(ii) a taxpayer’s entire interest in water Ohio when he purchased the expansion Cleve- lowing: rights, land Browns football organization in 1998, SEC. 107. EXCLUSION OF 25 PERCENT OF GAIN ON ‘‘(iii) a qualified real property interest (as worked hard to make the people of Cleveland SALES OR EXCHANGES OF LAND OR defined in section 170(h)(2)), or WATER INTERESTS TO NONPROFIT ‘‘(iv) stock in a qualifying land or water and Northern Ohio proud of their football ENTITIES FOR CHARITABLE PUR- team, and was subsequently appointed chair- POSES. corporation. man of the National Football League Fi- (a) IN GENERAL.—Part III of subchapter B ‘‘(B) ENTIRE INTEREST.—For purposes of nance Committee; of chapter 1 (relating to items specifically clause (i) or (ii) of subparagraph (A)— Whereas the Cleveland Browns, on the excluded from gross income) is amended by ‘‘(i) a partial interest in land or water is strength of Al Lerner’s leadership, reached inserting after section 121 the following new not a taxpayer’s entire interest if an interest the National Football League playoffs fol- section: in land or water was divided in order to cre- lowing the 2002 season, only 4 years after re- ‘‘SEC. 121A. 25-PERCENT EXCLUSION OF GAIN ON ate such partial interest in order to avoid turning to the league; SALES OR EXCHANGES OF LAND OR the requirements of such clause or section Whereas Al Lerner served as founder, WATER INTERESTS TO NONPROFIT 170(f)(3)(A), and chairman, and chief executive of MBNA Cor- ENTITIES FOR CHARITABLE PUR- ‘‘(ii) a taxpayer’s entire interest in certain poration, which employs thousands of people POSES. land does not fail to satisfy subparagraph in Ohio and is the Nation’s largest issuer of ‘‘(a) EXCLUSION.—Gross income shall not (A)(i) solely because the taxpayer has re- independent credit cards; include 25 percent of the qualifying gain tained an interest in other land, even if the Whereas Al Lerner served as vice chair- from a qualifying sale of a long-held quali- other land is contiguous with such certain man, trustee, and benefactor of Columbia fying land or water interest. land and was acquired by the taxpayer along ‘‘(b) QUALIFYING GAIN.—For purposes of College, which is now known as Columbia with such certain land in a single convey- this section— University, and also served as a trustee for ance. ‘‘(1) IN GENERAL.—The term ‘qualifying ‘‘(e) OTHER DEFINITIONS.—For purposes of Case Western Reserve University and New gain’ means any gain which would be recog- this section— York Presbyterian Hospital; nized as long-term capital gain. ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible Whereas Al Lerner helped raise funds, ‘‘(2) SPECIAL RULE FOR SALES OF STOCK.—If entity’ means— through his affiliation with MBNA and the the long-held qualifying land or water inter- ‘‘(A) a governmental unit referred to in Cleveland Browns, for the ‘‘Cleveland Browns est is 1 or more shares of stock in a quali- section 170(c)(1), or an agency or department Hero Fund’’ to aid families from the New fying land or water corporation, the quali- thereof, or York City Fire and Police Departments who fying gain is equal to the lesser of— ‘‘(B) an entity which is described in section suffered the loss of a parent in the tragic ‘‘(A) the qualifying gain determined under 170(b)(1)(A)(vi) or section 170(h)(3)(B). September 11, 2001, terrorist attacks; paragraph (1), or ‘‘(2) QUALIFYING LETTER OF INTENT.—The Whereas Al Lerner was appointed in 2001 ‘‘(B) the product of— term ‘qualifying letter of intent’ means a by President Bush as 1 of 15 members of the ‘‘(i) the percentage of such corporation’s written letter of intent which includes the President’s Foreign Intelligence Advisory stock which is transferred by the taxpayer, following statement: ‘The transferee’s intent Board, which advises the President con- times is that this acquisition will serve 1 or more cerning the quality and adequacy of intel- ‘‘(ii) the amount which would have been of the charitable purposes of the transferee ligence collection, intelligence analysis and the qualifying gain (determined under para- and that the use of the property will con- estimates, counter-intelligence, and other graph (1)) if there had been a qualifying sale tinue to be consistent with such purposes, intelligence activities; by such corporation of all of its interests in even if ownership or possession of such prop- Whereas Al Lerner is survived by his wife, the land and water for a price equal to the erty is subsequently transferred to another partner, and best friend, Norma, their son product of the fair market value of such in- person. Randy, their daughter Nancy, and 7 grand- terests times the ratio of— ‘‘(3) QUALIFYING LAND OR WATER CORPORA- children; and ‘‘(I) the proceeds of the qualifying sale of TION.—The term ‘qualifying land or water Whereas Al Lerner passed away on October the stock, to corporation’ means a C corporation (as de- 23, 2002, and the contributions he made to his ‘‘(II) the fair market value of the stock fined in section 1361(a)(2)) if, as of the date of family, his community, and his Nation will which was the subject of the qualifying sale. the qualifying sale— not be forgotten: Now, therefore, be it ‘‘(c) QUALIFYING SALE.—For purposes of ‘‘(A) the fair market value of the corpora- Resolved, That the Senate— this section, the term ‘qualifying sale’ means tion’s interests in land or water held by the (1) honors the life, achievements, and con- a sale or exchange which meets the following corporation at all times during the preceding tributions of Alfred Lerner; and requirements: 5 years equals or exceeds 90 percent of the (2) extends its deepest sympathies to the ‘‘(1) TRANSFEREE IS AN ELIGIBLE ENTITY.— fair market value of all of such corporation’s family of Alfred Lerner for the loss of a great The transferee of the long-held qualifying assets, and and generous man. land or water interest is an eligible entity. ‘‘(B) not more than 50 percent of the total f ‘‘(2) QUALIFYING LETTER OF INTENT RE- fair market value of such corporation’s as- QUIRED.—At the time of the sale or exchange, sets consists of water rights or infrastruc- AMENDMENTS SUBMITTED AND such transferee provides the taxpayer with a ture related to the delivery of water, or both. PROPOSED qualifying letter of intent. ‘‘(f) TAX ON SUBSEQUENT TRANSFERS OR RE- ‘‘(3) NONAPPLICATION TO CERTAIN SALES.— MOVALS OF CHARITABLE USE RESTRICTIONS.— SA 527. Mr. NICKLES proposed an amend- The sale or exchange is not made pursuant ‘‘(1) IN GENERAL.—A tax is hereby imposed ment to the bill S. 476, to provide incentives to an order of condemnation or eminent do- on any subsequent— for charitable contributions by individuals main. ‘‘(A) transfer by an eligible entity of own- and businesses, to improve the public disclo- ‘‘(4) CONTROLLING INTEREST IN STOCK SALE ership or possession, whether by sale, ex- sure of activities of exempt organizations, REQUIRED.—In the case of the sale or exchange, or lease, of property acquired di- and to enhance the ability of low-income change of stock in a qualifying land or water rectly or indirectly in— Americans to gain financial security by corporation, at the end of the taxpayer’s tax- ‘‘(i) a qualifying sale described in sub- building assets, and for other purposes. able year in which such sale or exchange oc- section (a), or SA 528. Mr. LIEBERMAN proposed an curs, the transferee’s ownership of stock in ‘‘(ii) a transfer described in clause (i), (ii), amendment to the concurrent resolution S. such corporation meets the requirements of or (iii) of paragraph (4)(A), or Con. Res. 31, expressing the outrage of Con- section 1504(a)(2) (determined by sub- ‘‘(B) removal of a charitable use restriction gress at the treatment of certain American stituting ‘90 percent’ for ‘80 percent’ each contained in an instrument of conveyance of prisoners of war by the Government of Iraq. place it appears). such property. f ‘‘(d) LONG-HELD QUALIFYING LAND OR ‘‘(2) AMOUNT OF TAX.—The amount of tax WATER INTEREST.—For purposes of this sec- imposed by paragraph (1) on any transfer or TEXT OF AMENDMENTS tion— removal shall be equal to the sum of— SA 527. Mr. NICKLES proposed an ‘‘(1) IN GENERAL.—The term ‘long-held ‘‘(A) either— amendment to the bill S. 476, to pro- qualifying land or water interest’ means any ‘‘(i) 20 percent of the fair market value (de- qualifying land or water interest owned by termined at the time of the transfer) of the vide incentives for charitable contribu- the taxpayer or a member of the taxpayer’s property the ownership or possession of tions by individuals and businesses, to family (as defined in section 2032A(e)(2)) at which is transferred, or improve the public disclosure of activi- all times during the 5-year period ending on ‘‘(ii) 20 percent of the fair market value ties of exempt organizations, and to en- the date of the sale. (determined at the time immediately after

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.128 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5095 the removal) of the property upon which the of) complying with requests in each category tion S. Con. Res. 31, expressing the out- charitable use restriction was removed, plus (and subcategory), and rage of Congress at the treatment of ‘‘(B) the product of— ‘‘(C) shall be payable in advance. certain American prisoners of war by ‘‘(i) the highest rate of tax specified in sec- ‘‘(2) EXEMPTIONS, ETC.— the Government of Iraq; as follows: tion 11, times ‘‘(A) IN GENERAL.—The Secretary shall pro- ‘‘(ii) any gain or income realized by the vide for such exemptions (and reduced fees) In the preamble strike the first 6 whereas transferor or person removing such restric- under such program as the Secretary deter- clauses, and insert: tion as a result of the transfer or removal. mines to be appropriate. Whereas Saddam Hussein has failed to ‘‘(3) LIABILITY.—The tax imposed by para- ‘‘(B) EXEMPTION FOR CERTAIN REQUESTS RE- comply with United Nations Security Coun- graph (1) shall be paid— GARDING PENSION PLANS.—The Secretary cil Resolutions 678, 686, 687, 688, 707, 715, 949, ‘‘(A) on any transfer, by the transferor, and shall not require payment of user fees under 1051, 1060, 1115, 1134, 1137, 1154, 1194, 1205, 1284, ‘‘(B) on any removal of a charitable use re- such program for requests for determination and 1441; striction contained in an instrument of con- letters with respect to the qualified status of Whereas the military action now underway veyance, by the person removing such re- a pension benefit plan maintained solely by against Iraq is lawful and fully authorized by striction. 1 or more eligible employers or any trust the Congress in Sec. 3(a) of Public Law 107– ‘‘(4) RELIEF FROM LIABILITY.—The person which is part of the plan. The preceding sen- 243, which passed the Senate on October 11, (otherwise liable for any tax imposed by tence shall not apply to any request— 2002, by a vote of 77–23, and which passed the paragraph (1)) shall be relieved of liability ‘‘(i) made after the later of— House of Representatives on the same date for the tax imposed by paragraph (1)— ‘‘(I) the fifth plan year the pension benefit by a vote of 296–133; ‘‘(A) with respect to any transfer if— plan is in existence, or ‘‘(i) the transferee is an eligible entity ‘‘(II) the end of any remedial amendment f which provides such person, at the time of period with respect to the plan beginning transfer, a qualifying letter of intent, or within the first 5 plan years, or AUTHORITY FOR COMMITTEES TO ‘‘(ii) the transferee is not an eligible enti- ‘‘(ii) made by the sponsor of any prototype MEET ty, it is established to the satisfaction of the or similar plan which the sponsor intends to Secretary, that the transfer of ownership or market to participating employers. COMMITTEE ON COMMERCE, SCIENCE, AND possession, as the case may be, will be con- ‘‘(C) DEFINITIONS AND SPECIAL RULES.—For TRANSPORTATION sistent with charitable purpose of the trans- purposes of subparagraph (B)— Mr. SUNUNU. Mr. President, I ask feror, and the transferee provides such per- ‘‘(i) PENSION BENEFIT PLAN.—The term unanimous consent that the Com- son, at the time of transfer, a qualifying let- ‘pension benefit plan’ means a pension, prof- mittee on Commerce, Science, and ter of intent, or it-sharing, stock bonus, annuity, or employee stock ownership plan. Transportation be authorized to meet ‘‘(iii) tax has previously been paid under on Wednesday, April 9, 2003, at 10 a.m. this subsection as a result of a prior transfer ‘‘(ii) ELIGIBLE EMPLOYER.—The term ‘eligi- of ownership or possession of the same prop- ble employer’ means an eligible employer (as on transportation and border security. erty, or defined in section 408(p)(2)(C)(i)(I)) which has The PRESIDING OFFICER. Without ‘‘(B) with respect to any removal of a char- at least 1 employee who is not a highly com- objection, it is so ordered. itable use restriction contained in an instru- pensated employee (as defined in section COMMITTEE ON ENERGY AND NATURAL ment of conveyance, if it is established to 414(q)) and is participating in the plan. The RESOURCES the satisfaction of the Secretary that the re- determination of whether an employer is an eligible employer under subparagraph (B) Mr. SUNUNU. Mr. President, I ask tention of the restriction was impracticable unanimous consent that the committee or impossible and the proceeds continue to shall be made as of the date of the request be used in a manner consistent with 1 or described in such subparagraph. on Energy and Natural Resources be more charitable purposes. ‘‘(iii) DETERMINATION OF AVERAGE FEES authorized to meet during the session ‘‘(5) ADMINISTRATIVE PROVISIONS.—For pur- CHARGED.—For purposes of any determina- of the Senate, on Wednesday, April 9 at poses of subtitle F, the taxes imposed by this tion of average fees charged, any request to 10 a.m. to consider Comprehensive En- subsection shall be treated as excise taxes which subparagraph (B) applies shall not be ergy Legislation. with respect to which the deficiency proce- taken into account. The PRESIDING OFFICER. Without ‘‘(3) AVERAGE FEE REQUIREMENT.—The aver- dures of such subtitle apply. objection, it is so ordered. ‘‘(6) REPORTING.—The Secretary may re- age fee charged under the program required quire such reporting as may be necessary or by subsection (a) shall not be less than the COMMITTEE ON ENVIRONMENT AND PUBLIC appropriate to further the purpose under this amount determined under the following WORKS section that any charitable use be in per- table: Mr. SUNUNU. Mr. President, I ask petuity.’’. Average unanimous consent that the Com- (b) CLERICAL AMENDMENT.—The table of ‘‘Category fee mittee on Environment and Public sections for part III of subchapter B of chap- Employee plan ruling and opinion .. $250 Exempt organization ruling ...... $350 Works be authorized to meet on ter 1 is amended by inserting after the item Wednesday, April 9 at 9:30 a.m. to con- relating to section 121 the following new Employee plan determination ...... $300 item: Exempt organization determina- $275 duct a business meeting to mark up tion. legislative bills, nominations, and a ‘‘Sec. 121A. 25-percent exclusion of gain on Chief counsel ruling ...... $200. resolution. sales or exchanges of land or ‘‘(c) TERMINATION.—No fee shall be imposed water interests to nonprofit en- The meeting will be held in SD 406. under this section with respect to requests The PRESIDING OFFICER. Without tities for charitable purposes.’’. made after September 30, 2007.’’. objection, it is so ordered. (c) EFFECTIVE DATE.—The amendments (b) CONFORMING AMENDMENTS.— made by this section shall apply to sales or (1) The table of sections for chapter 77 is COMMITTEE ON FINANCE exchanges occurring after December 31, 2003, amended by adding at the end the following Mr. SUNUNU. Mr. President, I ask in taxable years ending after such date. new item: unanimous consent that the Com- SEC. 107A. EXTENSION OF INTERNAL REVENUE ‘‘Sec. 7528. Internal Revenue Service user mittee on Finance be authorized to SERVICE USER FEES. fees.’’. meet during the session on Wednesday, (a) IN GENERAL.—Chapter 77 (relating to (2) Section 10511 of the Revenue Act of 1987 miscellaneous provisions) is amended by add- April 9, 2003, at 10 a.m., to hear testi- is repealed. mony on the 2003 Annual Report of the ing at the end the following new section: (3) Section 620 of the Economic Growth and ‘‘SEC. 7528. INTERNAL REVENUE SERVICE USER Tax Relief Reconciliation Act of 2001 is re- Board of Trustees of the Federal Old FEES. pealed. Age and Survivors Insurance and Dis- ‘‘(a) GENERAL RULE.—The Secretary shall (c) LIMITATIONS.—Notwithstanding any ability Insurance Trust Funds. establish a program requiring the payment other provision of law, any fees collected The PRESIDING OFFICER. Without of user fees for— pursuant to section 7528 of the Internal Rev- objection, it is so ordered. ‘‘(1) requests to the Internal Revenue Serv- enue Code of 1986, as added by subsection (a), ice for ruling letters, opinion letters, and de- shall not be expended by the Internal Rev- COMMITTEE ON FOREIGN RELATIONS termination letters, and enue Service unless provided by an appro- Mr. SUNUNU. Mr. President, I ask ‘‘(2) other similar requests. priations Act. unanimous consent that the Com- ‘‘(b) PROGRAM CRITERIA.— (d) EFFECTIVE DATE.—The amendments mittee on Foreign Relations be author- ‘‘(1) IN GENERAL.—The fees charged under made by this section shall apply to requests ized to meet during the session of the the program required by subsection (a)— made after the date of the enactment of this ‘‘(A) shall vary according to categories (or Act. Senate on Wednesday, April 9, 2003 at subcategories) established by the Secretary, 9:30 a.m. to hold a Business Meeting. ‘‘(B) shall be determined after taking into SA 528. Mr. LIEBERMAN proposed an The PRESIDING OFFICER. Without account the average time for (and difficulty amendment to the concurrent resolu- objection, it is so ordered.

VerDate Jan 31 2003 04:26 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.129 S09PT1 S5096 CONGRESSIONAL RECORD — SENATE April 9, 2003 COMMITTEE ON FOREIGN RELATIONS S. 285, to authorize the integration and resume consideration of the nomina- Mr. SUNUNU. Mr. President, I ask consolidation of alcohol and substance tion on Monday, April 28, for debate unanimous consent that the Com- abuse programs and services provided only. Further, I ask unanimous con- mittee on Foreign Relations be author- by Indian tribal governments, and for sent that following debate on Monday, ized to meet during the session of the other purposes; S. 558, a bill to elevate the nomination be set aside, and on Senate on Wednesday, April 9, 2003 at the Director of the Indian Health Serv- Tuesday, April 29, at a time determined 2:30 p.m. to hold a hearing on Traf- ice to be Assistant Secretary for Indian by the majority leader, after consulta- ficking in Women and Children in East Health, and for other purposes; and S. tion with the Democratic leader, the Asia and Beyond: A Review of U.S. Pol- 555, to establish the Native American Senate proceed to a vote on the con- icy. Health and Wellness Foundation, and firmation of the nomination, with no The PRESIDING OFFICER. Without for other purposes. intervening action or debate. objection, it is so ordered. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there COMMITTEE ON FOREIGN RELATIONS objection, it is so ordered. objection? Mr. SUNUNU. Mr. President, I ask COMMITTEE ON SMALL BUSINESS AND Mr. REID. Reserving the right to ob- unanimous consent that the Com- ENTREPRENEURSHIP ject, Mr. President, we appreciate the mittee on Foreign Relations be author- Mr. SUNUNU. Mr. President, I ask majority working with us on this nom- ized to meet during the session of the unanimous consent that the Com- ination. I am sure it is conversely ap- Senate on Wednesday, April 9, 2003 at 3 mittee on Small Business and Entre- preciated, our working with them on p.m. to hold a hearing on Africa Nomi- preneurship be authorized to meet dur- this nomination. The majority leader nations. ing the session of the Senate for a indicated he had the intention of filing The PRESIDING OFFICER. Without roundtable entitled ‘‘SBA Re-Author- cloture on this nomination today. We objection, it is so ordered. ization: Non-Credit Programs’’ and have been able to work out an arrangement, so this will be unnecessary. COMMITTEE ON FOREIGN RELATIONS other matters on Wednesday, April 9, I only ask that when the majority Mr. SUNUNU. Mr. President, I ask 2003, beginning at 9 a.m. in room 428A of the Russell Senate Office Building. leader sets a time on Tuesday, he give unanimous consent that the Com- some consideration to having the vote mittee on Foreign Relations be author- The PRESIDING OFFICER. Without objection, it is so ordered. after the time set for our party cau- ized to meet during the session of the cuses. SUBCOMMITTEE ON EMERGING THREATS Senate on Wednesday, April 9, 2003 at Mr. MCCONNELL. Mr. President, I 4:30 p.m. to hold a hearing on Europe Mr. SUNUNU. Mr. President, I ask say to my friend from Nevada, we will Nominations. unanimous consent that the sub- be glad to take that under advisement The PRESIDING OFFICER. Without committee on Emerging Threats and and discuss that possibility. objection, it is so ordered. Capabilities of the Committee on The PRESIDING OFFICER. Without COMMITTEE ON GOVERNMENTAL AFFAIRS Armed Services be authorized to meet objection, it is so ordered. during the session of the Senate on Mr. SUNUNU. Mr. President, I ask f unanimous consent that the Com- Wednesday, April 9, 2003, at 9:30 a.m., in mittee on Governmental Affairs be au- open session and possibly closed ses- NUTRIA ERADICATION AND thorized to meet on Wednesday, April sion, to receive testimony on the U.S. CONTROL ACT OF 2003 9, 2003 at 9:30 a.m. for a hearing enti- Special Operations Command in review Mr. MCCONNELL. Mr. President, I tled ‘‘Investing in Homeland Security, of the defense authorization request for ask unanimous consent that the Sen- Challenges on the Front Line.’’ fiscal year 2004. ate proceed to the immediate consider- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ation of H.R. 273, just received from the objection, it is so ordered. objection, it is so ordered. House and which is now at the desk. COMMITTEE ON GOVERNMENTAL AFFAIRS SUBCOMMITTEE ON READINESS AND The PRESIDING OFFICER. The Mr. SUNUNU. Mr. President, I ask MANAGEMENT SUPPORT clerk will report the bill by title. The legislative clerk read as follows: unanimous consent that the Com- Mr. SUNUNU. Mr. President, I ask mittee on Government Affairs be au- unanimous consent that the Sub- A bill (H.R. 273) to provide for the eradi- committee on Readiness and Manage- cation and control of nutria in Maryland and thorized to met on Wednesda, April 9, Louisiana. 2003 at 9:30 a.m. for a hearing entitled ment Support of the Committee on The PRESIDING OFFICER. Is there ‘‘Investing in Homeland Security, Armed Services be authorized to meet objection to proceeding to the bill at Challenges on the Front Line.’’ during the session of the Senate on Wednesday, April 9, 2003, at 2:30 p.m., in this time? The PRESIDING OFFICER. Without Mr. REID. Mr. President, I have no objection, it is so ordered. open session to receive testimony on the readiness of the military services objection to proceeding to the measure, COMMITTEE ON HEALTH, EDUCATION, LABOR, but I ask the distinguished majority AND PENSIONS to conduct current operations and execute contingency plans in review of the whip, is this the rat eradication bill? Mr. SUNUNU. Mr. President, I ask Mr. MCCONNELL. The nutria eradi- defense authorization request for fiscal unanimous consent that the Com- cation bill. mittee on Health, Education, Labor, year 2004. Mr. REID. Is that the rat eradi- and Pensions be authorized to meet in The PRESIDING OFFICER. Without cation? Executive Session during the session of objection, it is so ordered. Mr. MCCONNELL. It certainly is. the Senate on Wednesday, April 9, 2003. f Mr. REID. Yes, I think so. The following agenda will be consid- There being no objection, the Senate UNANIMOUS CONSENT AGREE- ered: proceeded to consider the bill. MENT—EXECUTIVE CALENDAR Mr. SARBANES. Mr. President, this Agenda NO. 32 legislation would reauthorize and ex- S. 754, The Improved Vaccine Afford- Mr. MCCONNELL. Mr. President, as pand the Nutria Control Project estab- ability and Availability Act. in executive session, I ask unanimous lished under Public Law 105–322 to help Any nominees that have been cleared consent that on Friday, April 11, the address the non-native rodent nutria for action. Senate proceed, at a time determined which is destroying wetlands and valu- The PRESIDING OFFICER. Without by the majority leader, after consulta- able habitat at and around Blackwater objection, it is so ordered. tion with the Democratic leader, to ex- National Wildlife Refuge on the East- COMMITTEE ON INDIAN AFFAIRS ecutive session for the consideration, ern Shore of Maryland and in Lou- Mr. SUNUNU. Mr. President, I ask for debate only, of Calendar No. 32, the isiana. Sponsored by my colleague, unanimous consent that the Com- nomination of Jeffrey Sutton to be Representative WAYNE GILCHREST, the mittee on Indian Affairs be authorized U.S. Circuit Judge for the Sixth Cir- legislation authorizes $4 million in to meet on Wednesday, April 9, 2003, at cuit. I further ask unanimous consent grant assistance to the State of Mary- 10 a.m. in Room 485 of the Hart Senate that following debate on that day, the land and $2 million to the State of Lou- Office Building to conduct a hearing on nomination be set aside and the Senate isiana for each of the next 5 fiscal

VerDate Jan 31 2003 04:26 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.144 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5097 years to help alleviate this invasive The PRESIDING OFFICER. The and address the needs of their communities problem. clerk will report the resolution by through service, recruit the next generation Blackwater National Wildlife Refuge title. of volunteers, and educate the public about and its surrounding wetlands are being The legislative clerk read as follows: the contributions young people make as community leaders throughout the year; threatened by the prolific and highly A resolution (S. Res. 112) designating April Whereas young people in the United States invasive non-indigenous species nutria 11th, 2003, as National Youth Service Day, are volunteering more than has any genera- which is destroying the tidal marshes and for other purposes. tion in American history; and even displacing other native spe- There being no objection, the Senate Whereas the ongoing contributions young cies. Over the past three decades, the proceeded to consider the resolution. people make to their communities through- population of nutria in Maryland has Ms. MURKOWSKI. Mr. President, I out the year should be recognized and en- grown exponentially from about 150 to rise in support of S. Res. 112, a resolu- couraged; as many as 150,000—a thousand fold in- tion that requests the President of the Whereas young people should be viewed as the hope not only of tomorrow, but of today, crease. During that same period, United States to designate April 11, and should be valued for the inherent ideal- Blackwater National Wildlife Refuge 2003 as ‘‘National Youth Service Day,’’ ism, energy, creativity, and commitment has lost more than 40 percent of its acknowledges the remarkable commu- that they employ in addressing the needs of marshes—approximately 7000 of 17,000 nity service efforts of youth today, and their communities; acres—due, in large part, to nutria. As encourages all people to recognize and Whereas there is a fundamental and abso- nutria population densities continue to support the significance of these con- lute correlation between youth service and increase, so does the range of the crea- tributions. lifelong adult volunteering and philan- ture and its associated ecological dam- NYSD is a public awareness and edu- thropy; Whereas, through volunteer service and re- age. According to the U.S. Fish and cation campaign that highlights the lated learning opportunities, young people Wildlife Service, every Maryland coun- extraordinary contributions that build character and learn valuable skills, in- ty south of the Chesapeake Bay Bridge young people make to their commu- cluding time management, teamwork, needs- on both the eastern and western shores nities throughout the year. On this assessment, and leadership, that are sought has reported nutria. Without action, day, youth from across the United by employers; resource managers believe that valu- States and the world will carry out Whereas service-learning, an innovative able habitat will continue to be lost at community service projects in areas teaching method combining service to the an accelerated rate, numerous fish and ranging from hunger to literacy to the community with classroom curriculum, is a proven strategy to increase academic wildlife resources will be impacted, and environment. NYSD is the largest serv- achievement; the range and distribution of this ice event in the world with over three Whereas National Youth Service Day was invasive species will continue to ex- million participants. NYSD brings a di- first organized in 1988 by Youth Service pand. verse group of local, regional, and na- America and the Campus Outreach Oppor- In 1998, the Congress enacted legisla- tional partners together to support and tunity League, and is now being observed in tion Public Law 105–322—authorizing promote youth service. 2003 for the 15th consecutive year; $2.9 million for a 3-year pilot project As a mother of two young sons, I un- Whereas Youth Service America continues designed to develop techniques to con- derstand the importance of recognizing to expand National Youth Service Day, now trol nutria populations and to restore engaging millions of young people nation- and supporting the positive contribu- wide with 50 Lead Agencies in nearly every degraded marsh habitat. Over the past tions that youth make to our country State to organize activities across the 3 years, approximately $2 million has and the world each and every day. It is United States; been appropriated for studies of the re- imperative to keep young people active Whereas Youth Service America has ex- productive capacity of the species, and motivated, and instilled with a panded National Youth Service Day to in- methods to eradicate nutria popu- sense of community responsibility. volve over 60 National Partners; lations, and prospects for restoring Volunteer work gives youth an outlet Whereas National Youth Service Day has wetlands destroyed by the critter along to gain this responsibility, and to learn inspired Global Youth Service Day, which Maryland’s Eastern Shore. The author- occurs concurrently in 127 countries and is valuable skills that are essential to now in its fourth year; and ization expired in September 2002, and personal and academic achievement. Whereas young people will benefit greatly new legislation is needed to move to I thank my colleagues—Senators from expanded opportunities to engage in the next phase of a control and ulti- AKAKA, BAUCUS, BIDEN, BROWNBACK, meaningful volunteer service: Now, there- mately an eradication program. Re- BUNNING, CAMPBELL, CLINTON, COCH- fore, be it sults of the project in phase II are ex- RAN, COLLINS, DEWINE, DOMENICI, DUR- Resolved, pected to be applicable throughout the BIN, JOHNSON, KENNEDY, LANDRIEU, SECTION 1. RECOGNITION AND ENCOURAGE- range of nutria in North America, LUGAR, MIKULSKI, MURRAY, and STE- MENT OF YOUTH COMMUNITY SERV- which includes 15 States and poten- VENS—for co-sponsoring this worth- ICE. tially over 1 million acres of marsh while legislation, which will ensure The Senate recognizes and commends the habitat on national wildlife refuges. that youth across the country and the significant contributions of American youth This legislation authorizes the Fed- world know that all of their hard work and encourages the cultivation of a common eral funds necessary to carry out the is greatly appreciated. civic bond among young people dedicated to program. I urge adoption of the legisla- Mr. MCCONNELL. I ask unanimous serving their neighbors, their communities, tion. consent that the resolution be agreed and the Nation. Mr. MCCONNELL. I ask unanimous to, the preamble be agreed to, the mo- consent that the bill be read three tion to reconsider be laid upon the SEC. 2. NATIONAL YOUTH SERVICE DAY. times, passed, the motion to reconsider table, and that any statements relating (a) SENSE OF THE SENATE.—It is the sense be laid upon the table, and that any thereto be printed in the RECORD. of the Senate that the President should des- statements relating thereto be printed The PRESIDING OFFICER. Without ignate April 11, 2003, as ‘‘National Youth in the RECORD, with no intervening ac- objection, it is so ordered. Service Day’’. tion or debate. The resolution (S. Res. 112) was (b) PROCLAMATION.—The Senate requests The PRESIDING OFFICER. Without agreed to. the President to issue a proclamation— objection, it is so ordered. The preamble was agreed to. (1) designating April 11, 2003, as ‘‘National The bill (H.R. 273) was read the third The resolution, with its preamble, Youth Service Day’’; and time and passed. reads as follows: (2) calling on the people of the United States to— f S. RES. 112 (A) observe the day by encouraging and en- NATIONAL YOUTH SERVICE DAY Whereas National Youth Service Day is an gaging youth to participate in civic and com- annual public awareness and education cam- munity service projects; Mr. MCCONNELL. I ask unanimous paign that highlights the amazing contribu- (B) recognize the volunteer efforts of our consent that the Senate proceed to the tions that young people make to their com- Nation’s young people throughout the year; immediate consideration of S. Res. 112, munities throughout the year; and which was submitted earlier today by Whereas the goals of National Youth Serv- (C) support these efforts as an investment Senators MURKOWSKI and AKAKA. ice Day are to mobilize youths to identify in the future of our Nation.

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.076 S09PT1 S5098 CONGRESSIONAL RECORD — SENATE April 9, 2003 NCAA DIVISION I WOMEN’S wins. Just like every year.’’ And in- omore reserve, Defensive Player of the BASKETBALL CHAMPIONSHIP deed, this marks the second straight Year, Ashley Battle. Last night’s game showed all of Mr. MCCONNELL. Mr. President, I year, and the third time in the last ask unanimous consent that the Sen- four years, that the Lady Huskies have America what we in Connecticut have ate proceed to the immediate consider- ended the season as champions. known for years: that the Lady ation of S. Res. 113 submitted earlier But anyone who has followed UConn Huskies are not a collection of individual players, but a team in every by Senators DODD and LIEBERMAN. knows that this year was not just like The PRESIDING OFFICER. The any other year—and it certainly wasn’t sense of the word. Though the players all played their clerk will report the resolution by like last year. Last season, an hearts out this year, UConn’s success is title. undefeated UConn team, led by four The legislative clerk read as follows: outstanding All-American seniors—Sue also a testimony to their outstanding coach, Geno Auriemma. This year, A resolution (S. Res. 113) commending the Bird, Swin Cash, Tamika Williams, and Huskies of the University of Connecticut for Asjha Jones—won its games by an av- Coach Auriemma was recognized for winning the 2003 NCAA Division I Women’s erage of 35 points. the fourth time as the Coach of the Basketball Championship. After these four women graduated— Year by the Associated Press and by There being no objection, the Senate each one moving on to play profes- the United States Basketball Writers proceeded to consider the resolution. sionally in the WNBA—many pundits Association. In his amazing 18 years as Mr. DODD. Mr. President, I rise believed that a younger, less experi- head coach of the Huskies, he has won today to acknowledge the outstanding enced UConn team filled with under- 501 games and lost only 99. His success has made him one of the accomplishments of this year’s NCAA classmen, and not a single senior, had most recognizable figures in the Nut- women’s basketball champions—the little chance to win much of anything meg State. Coach Auriemma has University of Connecticut Huskies— this season. To many, this was consid- taught his players not only how to win, and offer, along with my colleague Sen- ered a rebuilding year. Preseason polls had the Huskies ranked as low as 12th but how to do so with grace. ator LIEBERMAN, a Senate resolution In an age when sportsmanship has be- commending the Huskies for another in the Nation. Yet through grit, determination, tal- come almost a forgotten word, UConn phenomenal season. women stand as a model which all Sports and other forms of entertain- ent, teamwork—and an exceptional coaching staff led by Geno Auriemma— young children can emulate, extending ment have taken a backseat over the helping hands to fallen opponents and past few weeks, and rightfully so, as the Huskies exceeded all expectations. They opened the season with 31 congratulating them after a game’s our full national attention has been fo- conclusion. straight wins, extending their record cused on our brave service men and And every single student-athlete winning streak to 70 games—one of the women risking—and some losing—their brought to UConn by Coach Auriemma lives in our war with Iraq. greatest streaks in the history of team has received her undergraduate degree. The beginning of this year’s NCAA sports. The success of the Lady Huskies has tournament coincided almost to the After moving with relative ease extended far beyond their own team. hour with the beginning of America’s through the first few rounds of the During their recent dynasty, women’s war with Iraq. For millions of Ameri- NCAA tournament, they survived a basketball, and women’s athletics in cans who eyes were glued to the tele- grueling test against Texas in the general, have risen to new prominence. vision watching live coverage of our semifinal game last Sunday night, This year, for the first time ever, all 63 swift invasion, and whose hearts and when they rallied from a 9-point deficit games in the women’s NCAA tour- prayers remain with our troops over- with 12 minutes remaining to win by nament were televised nationally. Over seas, the NCAA tournament offered us only two points. And last night, they 28,000 fans attended last night’s title all a much needed diversion. held off a furious late rally by Ten- game at the Georgia Dome in Atlanta, Compared to the stakes in the real nessee. and millions more watched on tele- battles being fought by our young men As usual, the tremendous play of vision. and women in cities and towns across two-time All-American junior Diana I am proud that the UConn Huskies Iraq, the stakes in this year’s tour- Taurasi sparked the Huskies to vic- have contributed to the flourishing of nament seem very insignificant. tory. This year, Ms. Taurasi sparked women’s sports in America. Anyone But watching the NCAA tournament the Huskies to victory. This year, Ms. who watched last night’s game knows reminded us of the simple joy we feel Taurasi rewrote the record books, as why this is so: the athletic ability of from witnessing America’s finest she put together one of the most out- these women is truly amazing, young athletes engage in the heights of standing seasons in the history of matched only by their intensity and competition. women’s college basketball. She was enthusiasm. And the caliber of wom- And for thousands of soldiers who recognized as the player of the year by en’s basketball will only continue to watched the games live by satellite in every organization that gives out that get better and better as more and more the Persian Gulf, it gave them a little honor, and was also named the Most young girls are inspired by these ath- taste of home, where, it is my hope, Outstanding Player of the NCAA East letes to play sports in elementary and they will be returning very, very soon. Regional and the Final Four. high school. I would like to take a few moments Her 157 points in the NCAA tour- I would like to recognize every mem- to commend all the participants in the nament represented the third highest ber of the Huskies: players Ashley Val- men’s and women’s basketball tour- total in history. And her on and off ley, Diana Taurasi, Maria Conlon, nament this year. I want to especially court leadership was a steadying force Stacey Marron, Morgan Valley, Nicole congratulate the Syracuse Orangemen for such a young team, prompting one Wolff, Ashley Battle, Willnett Crock- for their victory over Kansas on Mon- of her teammates to describe her as ett, Jessica Moore, Barbara Turner, day night in the men’s championship ‘‘the most amazing leader you could Ann Strother, Head Coach Geno game. ask for.’’ Auriemma, Associate Head Coach Chris It was truly a spectacular year for But it was not only Diana Taurasi Dailey, and Assistant Coaches Tonya the Big East, which also included St. who won the championship for UConn. Cardoza and Jamelle Elliott. John’s winning the NIT championship. In fact, in the final game, despite scor- I would also like to congratulate the But most of all, I would like to spe- ing 28 points, she did not score a single runners-up, the University of Ten- cifically recognize the UConn Lady point in the last 6 minutes. Instead, nessee Volunteers, and their Head Huskies for their tremendous accom- she relied upon her teammates to take Coach Pat Summitt, for an out- plishments this season, culminating center stage. The final free throws that standing season as well. For years, with winning the national champion- inched the team closer to victory were Tennessee has been synonymous with ship over their arch-rival Tennessee made by a freshman, Ann Strother, success in women’s basketball, and last night, by a score of 73–68. who played one of the best games of there is no doubt that when the A casual observer picking up a news- her young career. And the steal that Huskies won last night, they beat the paper today might remark, ‘‘UConn clinched the game was made by a soph- best.

VerDate Jan 31 2003 04:23 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.079 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5099 With the great joy and pride that I necticut has the upper hand, with four ate proceed to the immediate consider- and all Connecticut residents feel right straight victories over the Lady Vols, ation of S. Res. 114, introduced earlier now, I am almost sorry to see the sea- including in the 1995, 2000, and 2003 title today by Senators DAYTON and COLE- son end. But with every single member games. MAN. of the team set to return next year. I I do not want to get mushy here, but The PRESIDING OFFICER. The am already looking forward to another when speaking of the Huskies, it is clerk will report the resolution by great season. If anyone can top this hard to stop myself from wagging my title. year’s accomplishments, I know the tail with joy. All of Connecticut, and The legislative clerk read as follows: Huskies can. especially girls who love basketball A resolution (S. Res. 114) honoring the life I yield the floor. like my daughter, are cheering today, of NBC reporter David Bloom, and expressing Mr. LIEBERMAN. Mr. President, I and eager to welcome the Huskies the deepest condolences of the Senate to his rise today to congratulate the Univer- home for a victory celebration. family on his death. sity of Connecticut Huskies on their With so much success already under There being no objection, the Senate national championship, the fourth in the belt of this great program, it is proceeded to consider the resolution. the school’s history. With their impres- hard to say that we are surprised by Mr. MCCONNELL. Mr. President, I sive 73–68 victory over the Tennessee what they have accomplished yet ask unanimous consent the resolution Lady Vols, another powerhouse pro- again. But with such a remarkable be agreed to, the preamble be agreed gram, the Huskies proved that they road to their second straight title, it is to, and the motion to reconsider be laid could do much more than rebuild their easy to say we are proud. upon the table, with no intervening ac- team after last year’s undefeated sea- Mr. MCCONNELL. I ask unanimous tion or debate, and any statements consent that the resolution and pre- son. The Huskies showed that they thereto be printed in the RECORD. could repeat as the best team in the amble be agreed to en bloc, the motion The PRESIDING OFFICER. Without land. That makes them just the third to reconsider be laid upon the table, objection, it is so ordered. repeat champion in women’s college and that any statements relating The resolution (S. Res. 114) was basketball history. thereto be printed in the RECORD, with agreed to. With this victory, the great Geno no intervening action or debate. The preamble was agreed to. The PRESIDING OFFICER. Without Auriemma—national coach of the The resolution, with its preamble, is objection, it is so ordered. year—has earned a place, alongside as follows: Jim Calhoun of course, as one of the The resolution (S. Res. 113) was best basketball coaches in America. agreed to. S. RES. 114 Diana Taurasi, the Naismith Player of The preamble was agreed to. Whereas the Senate has learned with sad- the Year and the Final Four’s Most The resolution, with its preamble, ness of the death of NBC Reporter David Bloom; Outstanding Player, has become a full- reads as follows: S. RES. 113 Whereas David Bloom, a native of Edina, fledged superstar. And the rest of this Minnesota, greatly distinguished himself by young team has demonstrated a har- Whereas the University of Connecticut his rapid rise in the field of journalism; mony and chemistry that are almost women’s basketball team won its third na- Whereas, most recently, David Bloom was tional championship in 4 years by defeating embedded with the Third Infantry Division impossible to match, especially for arch-rival University of Tennessee by the such a young group. Do you realize this of the United States Army to provide in- score of 73 to 68; depth reporting on the war in Iraq; is the first team ever to win the cham- Whereas the Huskies finished the 2002–2003 pionship without a senior on the ros- Whereas David Bloom, as a skilled and de- season with a record of 37 wins and 1 loss, termined reporter, covered many major news ter? That says a lot about the coaching and have now won 76 of their last 77 games; stories for NBC News, including reporting prowess of Geno, the leadership of Whereas during the 2002–2003 season the from Israel on the escalating violence in the Diana, and the spirit of the UConn pro- Huskies won their 70th game in a row, set- Middle East, the recovery efforts from gram. ting a new record for NCAA Division I Wom- Ground Zero after September 11, 2001, the This season, things did not come en’s Basketball; war on terrorism at home, and the Wash- Whereas Coach Geno Auriemma has been quite as easy as they did in the last ington, D.C., sniper story; coaching the Huskies for 18 years, and Whereas, while covering the White House one. Last year, the program dominated achieved his 500th career win this season; with its four superstar seniors and its beat between 1997 and 2000, David Bloom re- Whereas Coach Auriemma won his second- ported on the Maryland Peace Summit with then-sophomore phenom. This time, straight Coach of the Year honor this year; Yassir Arafat and Benjamin Netanyahu, on many, many games were close. Some- Whereas Diana Taurasi was chosen as the Operation Desert Fox in Iraq, and on the times they came close to blowing big national women’s player of the year, and the NATO air campaign in Kosovo; leads. They even lost . . . once. Hon- NCAA Tournament’s most valuable player; Whereas, prior to being named White estly, after their record-breaking 70- Whereas Ashley Battle was chosen as Big House Correspondent, David Bloom was a East defensive player of the year; Los Angeles-based correspondent for NBC game winning streak, that single loss Whereas the high caliber of the Huskies in in an otherwise perfect season was big, News, where he reported extensively on the both athletics and academics has signifi- Unabomber, the Freeman ranch standoff, and big news in my State of Connecticut. cantly advanced the sport of women’s bas- But this team did not flinch. They the war in Bosnia; ketball and provided inspiration for future Whereas David Bloom was a co-recipient of did not waver. They kept their eyes on generations of young men and women alike; the 1992 George Foster Peabody Award, a the prize and reached down into their and winner of the Radio-Television News Direc- gut, game after game. Whereas the Huskies unparalleled success tors Association Edward R. Murrow Award The championship game itself was no continues to bring enormous pride and joy to for his coverage of Hurricane Andrew, and a different. It was intense, hard fought. the people of Connecticut and to sports 1991 Regional Emmy Award winner for Inves- aficionados around the country: Now, there- Everybody found a way to contribute. tigative Journalism for his report on the fore, be it shipment of arms to Iraq from south Florida; Tough play in the paint, graceful out- Resolved, That the Senate commends the Whereas David Bloom was a devoted hus- side shooting. Strong defense. And Huskies of the University of Connecticut band to his wife, Melanie, and a proud father for— ‘‘D’’—that’s Diana—scored 28 in a pas- to three exceptional daughters, Nicole, (1) completing the 2002–2003 women’s bas- sionate and poised performance. After Christine, and Ava; and ketball season with a record of 37 wins and 1 the game, she was humble about it. Whereas David Bloom’s life was distin- loss, including winning their record 70th ‘‘No superstars, just blue collar,’’ she guished for its great ambition, multitude of game in a row; and accomplishments, standards of excellence, said. (2) winning the 2003 NCAA Division I Wom- dedication to family, and important con- In the process, Connecticut-Ten- en’s Basketball Championship, their fourth tributions to the dissemination of unbiased nessee has become, hands down, the national championship. best rivalry in women’s college basket- information to citizens throughout the coun- f ball. The Huskies against the Vols. try: Now, therefore, be it Resolved, That the Senate— Geno Auriemma against Pat Summit, HONORING THE LIFE OF NBC REPORTER DAVID BLOOM (1) pays tribute to the outstanding career both basketball legends. And, with my and devoted work of David Bloom; condolences to the Tennessee delega- Mr. MCCONNELL. Mr. President, I (2) expresses its deepest condolences to his tion, I must say proudly that Con- ask unanimous consent that the Sen- family; and

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.151 S09PT1 S5100 CONGRESSIONAL RECORD — SENATE April 9, 2003 (3) directs the Secretary of the Senate to ‘‘Syracuse,’’ Boeheim said. ‘‘Hawaii The preamble was agreed to. transmit an enrolled copy of this resolution was just Syracuse in July,’’ Boeheim The resolution, with its preamble, is to the family of David Bloom. sniffed. ‘‘For 8 months a year, it’s the as follows: f best weather in the country, and the S. RES. 115 CONGRATULATING SYRACUSE UNI- other 4 months we are playing basket- Whereas on Monday, April 7, 2003, the Syr- VERSITY MEN’S BASKETBALL ball.’’ acuse University Orangemen men’s basket- TEAM Well, the Orangemen had an amazing ball team won its first Division I national story this year. They came in to the basketball championship; Mr. MCCONNELL. Mr. President, I season as underdogs, not even earning Whereas Syracuse University won the ask unanimous consent the Senate pro- a ranking in the ESPN/USA Today championship game by defeating the Univer- ceed to immediate consideration of S. coaches poll until February. They sity of Kansas Jayhawks 81 to 78; Res. 115, submitted earlier today by Whereas the Syracuse University team was stormed through the regular season, Senators SCHUMER and CLINTON. led by freshman Carmelo Anthony, who was The PRESIDING OFFICER. The finishing tied for first in the Big East, voted Most Outstanding Player of the Final clerk will report the resolution by with a 13–3 record. They finished the Four, and received outstanding effort and title. regular season 24–5 overall. support from Gerry McNamara, Billy Edelin, The legislative clerk read as follows: Of course, one of the biggest stories Kueth Duany, Hakim Warrick, Craig Forth, is the youth of this team. Where have Jeremy McNeil, and Josh Pace; A resolution (S. Res. 115) congratulating we ever seen—ever—two freshmen Whereas the roster of the Syracuse Univer- the Syracuse University men’s basketball sity team also included Tyrone Albright, team for winning the 2003 NCAA Division I guards lead as well as they have? Carmelo Anthony, a freshman and Josh Brooks, Xzavier Gaines, Matt Gorman, men’s basketball national championship. Gary Hall, Ronneil Herron, and Andrew There being no objection, the Senate leader of the team, had 20 points Mon- Kouwe; proceeded to consider the resolution. day night, with 10 rebounds and seven Whereas Head Coach Jim Boeheim has assists in the final game against Kan- f coached at Syracuse University for 27 years sas. You could see the pain on his face. and been involved with the Syracuse Univer- SYRACUSE NATIONAL CHAMPIONS He was playing with an injured back, sity men’s basketball team for more than Mr. SCHUMER. Mr. President, as all but he kept going and going, as he has half his life; of America now knows, Syracuse de- done all season. He scored a career high Whereas Coach Boeheim had previously 33 points and had 14 rebounds against coached in 2 national championship games, feated Kansas in the national cham- including a heartbreaking loss in 1987; pionship Monday night 81 to 78. This is Texas in the semifinal. Many scouts be- Whereas Coach Boeheim and his coaching the Syracuse Orangemen’s first na- lieve he could be the No. 1 or No. 2 staff, including Associate Head Coach Bernie tional championship. My, how long we draft pick this year in the NBA lottery. Fine and Assistant Head Coaches Mike Hop- have waited. But my, how sweet and How about Gerry McNamara, that kins and Troy Weaver, deserve much credit deserved victory is. feisty Irishman, a freshman point for the outstanding determination and ac- As you remember, in 1987, in New Or- guard. He was huge in the champion- complishments of their young team; and leans, the same building, the same site ship game. In the first half, he hit six Whereas the students, alumni, faculty, and as this year’s championship, Syracuse 3-pointers and scored 18 points. supporters of Syracuse University are to be congratulated for their commitment and lost to Indiana by 1 point on an acro- Hakim Warrick, only a sophomore, pride in their national champion men’s bas- batic shot by Keith Smart. Coach Jim made the biggest play of the game. As ketball team: Now, therefore, be it Boeheim said: ‘‘I think that building all of us were sitting around holding Resolved, That the Senate— owed us.’’ Well, the building did, and our breath as Kansas came within (1) congratulates the Syracuse University Syracuse is now the national cham- three points, with 1.5 seconds left, men’s basketball team for winning the 2003 pion. Warrick made an amazing block of Mi- NCAA Division I men’s basketball national In a time of war, when so much sor- chael Lee’s 3-point attempt that would championship; row is among us, it is a time for a little have tied the game. (2) recognizes the achievements of all the happiness, the happiness that the Or- What a game it was, Mr. President. team’s players, coaches, and support staff and invites them to the United States Cap- angemen brought New Yorkers, sol- What a victory for Syracuse. All of itol Building to be honored; diers overseas who follow the game, central New York is cheering. It is 80 (3) requests that the President recognize and the tens and tens and tens of thou- degrees and that orange sun is shining the achievements of the Syracuse University sands of Syracuse fans across New brightly over Syracuse in central New men’s basketball team and invite them to York State and across the country. York this afternoon, and it will con- the White House for an appropriate cere- This is Jim Boeheim’s first national tinue to do so for a long time. Because mony honoring a national championship championship. He has been coach for 27 Syracuse has so many proud alumni team; and years. His loyalty to his alma mater, and fans from one end of New York (4) directs Secretary of the Senate to make Syracuse, is unparalleled. Now, available enrolled copies of this resolution to State to the other, there is a smile Syracuse University for appropriate display Boeheim has been criticized for not across our State this afternoon spread- and to transmit an enrolled copy of this res- being able to win the big game, but he ing from Buffalo to New York City. olution to each coach and member of the 2003 has quieted his critics and has estab- Mr. President, we are proud of the NCAA Division I men’s basketball national lished himself as a legitimate can- coach, Jim Boeheim; we are proud of championship team. didate for the Hall of Fame. He called the team, the great Orangemen; we are the win not a validation of his coach- proud of the university, Syracuse Uni- f ing skills but a testament to the talent versity. ORDERS FOR THURSDAY, APRIL of his players—typical of Jim I yield the floor and I suggest the ab- 10, 2003 Boeheim’s modesty. This Syracuse sence of a quorum. team is a model for all of America. The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I They have persisted and persisted and clerk will call the roll. ask unanimous consent that when the persisted. Coach Boeheim persisted and The legislative clerk proceeded to Senate completes its business today, it persisted and persisted, and we so ad- call the roll. stand in adjournment until 10 a.m. mire him. His heart belonged to Syra- Mr. MCCONNELL. I ask unanimous Thursday, April 10. I further ask that cuse. consent the resolution and preamble be following the prayer and pledge, the Jim Boeheim is Mr. Syracuse. As the agreed to en bloc and the motion to re- morning hour be deemed expired, the old story goes, Boeheim was sitting on consider be laid upon the table without Journal of proceedings be approved to the beach in Hawaii with his former as- intervening objection or debate, and date, the time for the two leaders be sistant, Rick Pitino, and Pitino’s wife, any statements be printed in the reserved for their use later in the day, Joanne. Someone posed a question: If RECORD. and there be a period of morning busi- you could live anywhere, where would The PRESIDING OFFICER. Without ness until 11 a.m. with the first 30 min- it be? objection, it is so ordered. utes equally divided between Senator Rick picked San Francisco, and his The resolution (S. Res. 115) was HUTCHISON and the minority leader or wife Joanne picked New York City. agreed to. his designee, and the remaining time

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.152 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — SENATE S5101 until 11 a.m. be equally divided be- ference reports. Members should expect THE JUDICIARY tween the two leaders or their des- rollcall votes throughout the day. WILLIAM H. PRYOR, JR., OF ALABAMA, TO BE UNITED ignees. STATES CIRCUIT JUDGE FOR THE ELEVENTH CIRCUIT, f VICE EMMETT RIPLEY COX, RETIRED. The PRESIDING OFFICER. Without THOMAS M. HARDIMAN, OF PENNSYLVANIA, TO BE ADJOURNMENT UNTIL 10 A.M. objection, it is so ordered. UNITED STATES DISTRICT JUDGE FOR THE WESTERN TOMORROW DISTRICT OF PENNSYLVANIA, VICE WILLIAM L. STAND- f ISH, RETIRED. Mr. MCCONNELL. If there is no fur- J. RONNIE GREER, OF TENNESSEE, TO BE UNITED ther business to come before the Sen- STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT PROGRAM OF TENNESSEE, VICE THOMAS G. HULL, RETIRED. ate, I ask unanimous consent the Sen- Mr. MCCONNELL. For the informa- ate stand in adjournment under the tion of all Senators, the Senate will be f previous order. in a period of morning business tomor- There being no objection, the Senate, row until 11 a.m. Following morning at 6:30 p.m., adjourned until Thursday, CONFIRMATIONS business, the Senate may address any April 10, 2003, at 10 a.m. of the following items: The FISA bill, Executive nominations confirmed by if a unanimous consent can be reached; f the Senate April 9, 2003: the PROTECT Act conference report; NOMINATIONS THE JUDICIARY and the nomination of Priscilla Owen Executive nominations received by DEE D. DRELL, OF LOUISIANA, TO BE UNITED STATES to be U.S. circuit judge; the BioShield the Senate April 9, 2003: DISTRICT JUDGE FOR THE WESTERN DISTRICT OF LOU- bill; and any other conference reports DEPARTMENT OF COMMERCE ISIANA. that may become available, including RICHARD D. BENNETT, OF MARYLAND, TO BE UNITED JAMES J. JOCHUM, OF VIRGINIA, TO BE AN ASSISTANT STATES DISTRICT JUDGE FOR THE DISTRICT OF MARY- the budget and supplemental con- SECRETARY OF COMMERCE, VICE FARYAR SHIRZAD. LAND.

VerDate Jan 31 2003 03:14 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00105 Fmt 0624 Sfmt 9801 E:\CR\FM\G09AP6.085 S09PT1 April 9, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E711 EXTENSIONS OF REMARKS

A PROCLAMATION RECOGNIZING goat to divert attention from their own tyranny. other daily tasks that they are unable to per- LARRY THOMAS WEAVER II History clearly shows that free and open trade form independently and, without which, they does far more to liberalize oppressive govern- could not be gainfully employed outside the HON. ROBERT W. NEY ments than trade wars. Economic freedom home. OF OHIO and political freedom are inextricably linked— In many cases, the amount of money that a when people get a taste of goods and infor- disabled worker would have to spend on these IN THE HOUSE OF REPRESENTATIVES mation from abroad, they are less likely to tol- essential services is substantial. And if a sig- Wednesday, April 9, 2003 erate a closed society at home. So while nificant portion of the worker’s earnings would Mr. NEY. Mr. Speaker, Whereas, Larry sanctions may serve our patriotic fervor, they be spent on paying for such expenses, the Thomas Weaver II has devoted himself to mostly harm innocent citizens and do nothing disabled individual might elect to stay home— serving others through his membership in the to displace the governments we claim as en- absent some additional financial incentive. Boy Scouts of America; and emies. Unfortunately, not only do these individuals Whereas, Larry Thomas Weaver II has Second, sanctions simply hurt American in- fail to benefit from all that employment could shared his time and talent with the community dustries, particularly agriculture. Every market offer, but society as a whole never realizes the in which he resides; and we close to our nation’s farmers is a market enormous contributions they might have made Whereas, Larry Thomas Weaver II has exploited by foreign farmers. China, Russia, if given the right opportunities. Disabled work- demonstrated a commitment to meet chal- the middle east, North Korea, and Cuba all ers possess a myriad of talents and skills that lenges with enthusiasm, confidence and out- represent huge markets for our farm products, could be of tremendous value to the business standing service; and yet many in Congress favor current or pro- community and provide a boost to the U.S. Whereas, Larry Thomas Weaver II must be posed trade restrictions that prevent our farm- economy. commended for the hard work and dedication ers from selling to the billions of people in Today, I am introducing the Disabled Work- he put forth in earning the Eagle Scout Award; these countries. The Department of Agriculture ers Empowerment Act, which would expand Therefore, I join with Troop 260, the resi- estimates that Iraq alone represents a $1 bil- upon an existing provision in the tax code in dents of Junction City, and the entire 18th lion market for American farm goods. Given order to make it easier for disabled persons to Congressional District in congratulating Larry our status as one of the world’s largest agri- enter the workforce. Current law allows a lim- Thomas Weaver II as he receives the Eagle cultural producers, why would we ever choose ited deduction for disabled workers’ expenses, Scout Award. to restrict our exports? The only beneficiaries but this deduction is strictly limited to ex- f of our sanctions policies are our foreign com- penses incurred at the workplace or for work petitors. performed at home. Moreover, it can be UNITED STATES EMBARGO ON I certainly understand the emotional feelings claimed only by individuals who itemize ex- CUBA many Americans have toward nations such as penses on their tax return. Iran, Iraq, Libya, and Cuba. Yet we must not My bill would expand the types of expenses HON. RON PAUL let our emotions overwhelm our judgment in that could be deducted as work-related and OF TEXAS foreign policy matters, because ultimately permit a deduction regardless of whether or IN THE HOUSE OF REPRESENTATIVES human lives are at stake. Economic common not the taxpayer itemizes expenses. Specifi- sense, self-interested foreign policy goals, and cally, expenses incurred away from the job Wednesday, April 9, 2003 humanitarian ideals all point to the same con- site (such as paying an attendant to provide Mr. PAUL. Mr. Speaker, I rise again in this clusion: Congress should work to end eco- transportation to and from work or perform do- Congress to introduce a bill to lift the harmful nomic sanctions against all nations imme- mestic and personal care services at home) and counterproductive United States Embargo diately. would be deductible as long as such expenses on Cuba. The legislation I introduce today is rep- were incurred because of the individual’s dis- On June 29, 2001, the Texas state legisla- resentative of true free trade in that while it abilities. In this way, the bill reflects the real- ture adopted a resolution calling for an end to opens trade, it prohibits the U.S. Taxpayer life costs that disabled workers face on a daily U.S. economic sanctions against Cuba. Law- from being compelled to subsidize the United basis. makers emphasized the failure of sanctions to States government, the Cuban government or Finally, the amount that could be deducted remove Castro from power, and the unwilling- individuals or entities that choose to trade with for any taxable year would be no more than ness of other nations to respect the embargo. Cuban citizens. the disabled worker’s earned income. By tying One Texas Representative stated: f this new tax benefit to income generated from ‘‘We have a lot of rice and agricultural prod- work, the deduction would serve as an incen- ucts, as well as high-tech products, that would HELP REMOVE BARRIERS TO tive for disabled individuals to engage in em- be much cheaper for Cuba to purchase from WORK FOR THE DISABLED ployment that is both personally fulfilling and Texas. All that could come through the ports creates financial independence. of Houston and Corpus Christi.’’ I whole- HON. GERALD D. KLECZKA The Disabled Workers Empowerment Act heartedly support this resolution, and I have OF WISCONSIN would open the door to employment for mil- introduced similar federal legislation in past IN THE HOUSE OF REPRESENTATIVES lions of disabled Americans, and I urge my years to lift all trade, travel, and telecommuni- colleagues to cosponsor this measure. cations restrictions with Cuba. I only wish Wednesday, April 9, 2003 Congress understood the simple wisdom ex- Mr. KLECZKA. Mr. Speaker, millions of dis- f pressed in Austin, so that we could end the abled Americans must rely on government dis- harmful and ineffective trade sanctions that ability checks or support from family members PERSONAL EXPLANATION serve no national purpose. in order to get by. For many of these men and I oppose economic sanctions for two very women, the prospect of being employed out- HON. MAJOR R. OWENS simple reasons. First, they don’t work as effec- side the home seems out of reach because OF NEW YORK tive foreign policy. Time after time, from Cuba the costs associated with working are simply IN THE HOUSE OF REPRESENTATIVES to China to Iraq, we have failed to unseat des- too daunting. potic leaders by refusing to trade with the peo- For example, in order to work, an individual Wednesday, April 9, 2003 ple of those nations. If anything, the anti- who uses a wheelchair might need to hire a Mr. OWENS. Mr. Speaker, because of an American sentiment aroused by sanctions personal attendant to provide transportation to emergency in my district, I missed rollcall often strengthens the popularity of such lead- and from the job site. Such persons might also votes No. 109, No. 110, and No.111. If ers, who use America as a convenient scape- need assistance with cleaning, cooking, and present I would have voted ‘‘yea.’’

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

VerDate Jan 31 2003 05:00 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.001 E09PT1 E712 CONGRESSIONAL RECORD — Extensions of Remarks April 9, 2003 DEATH OF RACHEL CORRIE goes into effect on April 14 and actually de- Federal health care data system. Such a sys- stroys individual medical privacy. The Patient tem would contain all citizens’ personal health HON. JOHN D. DINGELL Privacy Act also repeals those sections of the care information, accessible to anyone who OF MICHIGAN Health Insurance Portability and Accountability knows the individual’s ‘‘unique health identi- IN THE HOUSE OF REPRESENTATIVES Act of 1996 authorizing the establishment of a fier.’’ History shows that when the government ‘‘standard unique health care identifier’’ for all collects this type of personal information, the Wednesday, April 9, 2003 Americans, as well as prohibiting the use of inevitable result is the abuse of citizens’ pri- Mr. DINGELL. Mr. Speaker, I rise to draw federal funds to develop or implement a data- vacy and liberty by unscrupulous government my colleagues’ attention to the death of Ra- base containing personal health information. officials. The only fail-safe privacy protection is chel Corrie, an American citizen who was Both of these threats to medical freedom grew for the government not to collect and store this killed recently by an Israeli Army bulldozer. out of the Clinton-era craze to nationalize as type of personal information. Rachel was a 23-year-old college student, due much of health care as politically possible. In addition to law enforcement, these so- to graduate this year from Evergreen State Establishment of a uniform medical identifier called ‘‘privacy protection’’ regulations create a College in Olympia, Washington. On March would allow Federal bureaucrats to track every privileged class of people with a federally 16, Rachel was crushed to death by a bull- citizen’s medical history from cradle to grave. guaranteed right to see an individual’s medical dozer as she peacefully protested the demoli- Furthermore, as explained in more detail records without the individual’s consent. My tion of Palestinian homes in Rafah, a Pales- below, it is possible that every medical profes- medical office recently received a Model ‘‘Pri- tinian village in the Gaza Strip. The Israeli sional, hospital, and Health Maintenance Or- vacy Act Compliance’’ form. This three-page government continues to destroy Palestinian ganization (HMO) in the country would be able form lists over 20 situations where medical in- homes with impunity in the Occupied Terri- to access an individual citizens’ record simply formation may be disclosed without individual tories and Gaza. by entering the patient’s identifier into a health consent. Medical information may be disclosed Mr. Speaker, I would like to express my pro- care database. to attorneys, business associates of the profound sympathies to Rachel’s parents, Craig The dangers to liberty inherent in the ‘‘uni- vider, and Federal agencies conducting and Cynthia, their extended families, and to all form health identifier’’ are magnified by the so- ‘‘health oversight activities.’’ Medical informa- of Rachel’s friends, colleagues and co-work- called ‘‘medical privacy’’ regulation. Many tion may also be divulged without consent to ers. My heart and my prayers go out to them things in Washington are misnamed, however, insurance companies and medical research- in their time of grief and need. this regulation may be the most blatant case ers! Sympathy, however, Mr. Speaker, is not of false advertising I have come across in all Medical researchers claim to be able to pro- enough. The tragic death of Rachel Corrie is my years in Congress. Rather than protect an tect the autonomy of their unwilling subjects, yet another example of the failure of the cur- individual right to medical privacy, these regu- but the fact is that allowing third parties to use rent Israeli government’s policies regarding the lations empower government officials to deter- medical records for research purposes runs Palestinians. Mr. Speaker, the Congress must mine how much medical privacy an individual the risk of inadvertent identification of personal speak forcefully on this matter. I am calling for ‘‘needs.’’ This ‘‘one-size-fits-all’’ approach ig- medical information. I am aware of at least a full, fair and impartial investigation into Ra- nores the fact that different people may prefer one incident where a man had his identity re- chel’s tragic death by the United States gov- different levels of privacy. Certain individuals vealed when his medical records were used ernment. Rachel’s family, the Congress and may be willing to exchange a great deal of without his consent. As a result, many people the American people deserve to know what their personal medical information in order to in his community discovered details of his happened to Rachel and why. obtain certain benefits, such as lower-priced medical history that he wished to keep private! Forcing individuals to divulge medical infor- f care or having information targeted to their medical needs sent to them in a timely man- mation without their consent also runs afoul of A PROCLAMATION RECOGNIZING ner. Others may forgo those benefits in order the Fifth Amendment’s prohibition on taking ADAM RUPE to limit the number of people who have access private property for public use without just to their medical history. Federal bureaucrats compensation. After all, people do have a le- HON. ROBERT W. NEY cannot possibly know, much less meet, the gitimate property interest in their private infor- OF OHIO optimal level of privacy for each individual. In mation. Therefore, restrictions on an individ- IN THE HOUSE OF REPRESENTATIVES contrast, the free market allows individuals to ual’s ability to control the dissemination of obtain the level of privacy protection they de- their private information represents a massive Wednesday, April 9, 2003 sire. regulatory taking. The takings clause is de- Mr. NEY. Mr. Speaker, Whereas, Adam The so-called ‘‘medical privacy’’ regulations signed to prevent this type of sacrifice of indi- Rupe has devoted himself to serving others and uniform health identifier scheme not only vidual property rights for the ‘‘greater good.’’ through his membership in the Boy Scouts of reduce individuals’ ability to determine who In a free society such as the one envisioned America; and has access to their personal medical informa- by those who drafted the Constitution, the Whereas, Adam Rupe has shared his time tion, but actually threaten medical privacy and Federal government should never force a cit- and talent with the community in which he re- constitutionally protected liberties. For exam- izen to divulge personal information to ad- sides; and ple, these regulations allow law enforcement vance ‘‘important social goals.’’ Rather, it Whereas, Adam Rupe has demonstrated a and other government officials access to a citi- should be up to the individuals, not the gov- commitment to meet challenges with enthu- zen’s private medical record without having to ernment, to determine what social goals are siasm, confidence and outstanding service; obtain a search warrant. important enough to warrant allowing others and Allowing government officials to access a access to their personal property, including Whereas, Adam Rupe must be commended private person’s medical records without a their personal information. To the extent these for the hard work and dedication he put forth warrant is a violation of the Fourth Amend- regulations sacrifice individual rights in the in earning the Eagle Scout Award; ment to the United States Constitution, which name of a bureaucratically determined ‘‘com- Therefore, I join with Troop 84, the residents protects American citizens from warrantless mon good,’’ they are incompatible with a free of New Philadelphia, and the entire 18th Con- searches by government officials. The require- society and a constitutional government. gressional District in congratulating Adam ment that law enforcement officials obtain a As an OB–GYN with more than 30 years Rupe as he receives the Eagle Scout Award. warrant from a judge before searching private experience in private practice, I am very con- f documents is one of the fundamental protec- cerned by the threat to medical practice posed tions against abuse of the government’s power by these privacy regulations and the unique PATIENT PRIVACY ACT to seize an individual’s private documents. health identifier scheme. The confidential phy- While the Fourth Amendment has been inter- sician-patient relationship is the basis of good HON. RON PAUL preted to allow warrantless searches in emer- health care. OF TEXAS gency situations, it is hard to conceive of a sit- Oftentimes, effective treatment depends on IN THE HOUSE OF REPRESENTATIVES uation where law enforcement officials would the patient’s ability to place absolute trust in be unable to obtain a warrant before electronic his or her doctor. The legal system has ac- Wednesday, April 9, 2003 medical records would be destroyed. knowledged the importance of maintaining Mr. PAUL. Mr. Speaker, I rise to introduce Mr. Speaker, these regulations also require physician-patient confidentiality by granting the Patient Privacy Act. This bill repeals the health care providers to give medical records physicians a privilege not to divulge confiden- misnamed Medical Privacy regulation, which to the Federal government for inclusion in a tial patient information.

VerDate Jan 31 2003 05:00 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.005 E09PT1 April 9, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E713 I ask my colleagues to consider how com- EXPRESSING SENSE OF HOUSE ON decisions, now and in the future. I urge my fortable you would be confiding an embar- FINANCIAL LITERACY FOR colleagues to support and recognize the im- rassing physical or emotional problem to your YOUTH MONTH portance of increasing financial literacy among physicians if you knew that any and all infor- our youth. SPEECH OF mation given your doctor may be placed in a f government database or seen by medical re- HON. EARL POMEROY 88TH ANNIVERSARY OF THE GENO- OF NORTH DAKOTA searchers, handed over to government agents CIDE OF THE ARMENIAN PEOPLE without so much as a simple warrant or IN THE HOUSE OF REPRESENTATIVES accessed by anyone who happens to know Monday, April 7, 2003 your ‘‘unique health identifier?’’ HON. SANDER M. LEVIN Mr. POMEROY. Mr. Speaker, over the OF MICHIGAN By now it should be clear to every member years, I have worked with Chairman DREIER to IN THE HOUSE OF REPRESENTATIVES of Congress that the American people do not promote financial literacy skills within our want their health information recorded on a schools and am proud to be an original co- Wednesday, April 9, 2003 database, and they do not wish to be as- sponsor of this House Resolution. House Res- Mr. LEVIN. Mr. Speaker, April 24, 2003, signed a unique health identifier. According to olution 127 expresses the sense of the House marks the 88th anniversary of one of the a survey by the respected Gallup Company, that a month should be designated as ‘‘Finan- world’s most tragic events—the genocide of 91 percent of Americans oppose assigning cial Literacy for Youth Month.’’ the Armenian people by the Young Turk gov- Americans a ‘‘unique health care identifier’’ Our youth desperately need to have higher ernment of the Ottoman Empire. On that day in 1915, over 200 Armenian re- while 92 percent of the people oppose allow- levels of financial literacy. According to a recent Jump$tart Coalition survey, today’s high ligious, political and intellectual leaders were ing government agencies the unrestrained school seniors fail when it comes to a basic executed. This was the beginning of the Otto- power to view private medical records and 88 knowledge of personal finance including credit man Empire’s attempt to eradicate Armenians percent of Americans oppose placing private cards, saving for retirement and insurance. from their Anatolian homelands in what is now health care information in a national database. When seniors were tested on basic financial East Turkey through massacre and massive Congress has acknowledged this public con- literacy, they answered only 50 percent of the forced marches through the deserts of mod- cern by including language forbidding the ex- questions correctly. ern-day Syria. This resulted in the deaths of penditure of funds to implement or develop a Unfortunately, the lack of basic money man- more than two-thirds of the Armenian popu- medical identifier in the Federal budget for the agement skills by young people often leads to lation—totaling one and a half million people. past 5 fiscal years. Rather than continuing to serious financial problems for families and in- To this day, there are those who dismiss the extend the prohibition on funding for another dividuals, which, in turn, damage the Nation’s systematic persecution of the Armenian popu- year, Congress should finally obey the wishes economy. The results are skyrocketing con- lation. Some claim that a smaller number of of the American people by repealing the au- sumer debt, low savings rates, home fore- Armenians were killed as a result of partisan thorization of the individual medical ID this closures, lost job opportunities, bankruptcy fighting during World War I. Others lessen the year as well as repeal these dangerous med- and poverty. importance of this event by refusing to recog- REIER nize it as genocide. Still others seek to forget ical privacy rules. To help stem this tide, Chairman D and I are working with our Senate colleagues, this tragedy altogether. But these tragic events Mr. Speaker, the misnamed medical privacy Senators AKAKA and COCHRAN, to host a ‘‘Fi- must be acknowledged and remembered to regulations and the scheme to assign all nancial Literacy for Youth Day,’’ on Monday, ensure that this does not happen. Americans a ‘‘unique health care identifier’’ April 28, 2003. This event will culminate a Stephen Holden of the New York Times violates the fourth and fifth amendments by al- month of activities organized around the na- once wrote of the Armenian Genocide that lowing law enforcement officials and govern- tion by federal agencies, states, localities, ‘‘anguished remembrance is far preferable to ment favored special interests to seize med- schools, nonprofit organizations, businesses, willful amnesia.’’ There are still many living ical records without an individual’s consent or and other entities to empower our youth with survivors in my district who participate each a warrant. Federal supervision of who can ac- the financial and economic knowledge nec- year in commemoration ceremonies, in the cess medical records combined with a feder- essary to make sound personal choices. The hope that the world will not forget their an- ally assigned medical ID also facilitate the cre- event will include an educational fair, coordi- guish. nated by Jump$tart, where federal agencies Mr. Speaker, I am proud to represent a ation of a Federal database containing the and organizations will have information booths large and vital Armenian community in my dis- health care data of every American citizen. displaying their efforts to further economic and trict. It is for these people, as well as Arme- These developments could undermine the financial literacy. nians around the world, that I rise today to doctor-patient relationship and thus worsen As with other life skills, good money man- commemorate the Armenian Genocide with the health care of millions of Americans. I, agement skills and habits are best formed dur- the great hope there will not be willful amnesia therefore, call on my colleagues to join me in ing childhood. In partnership with interested regarding this tragedy, but that people will re- repealing these threats to privacy and quality entities at the state and local levels, we can member and not tolerate anything of this kind health care by cosponsoring the Patient Pri- do more to give our youth the knowledge that again. vacy Act. will empower them to make sound financial

VerDate Jan 31 2003 05:00 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A09AP8.009 E09PT1 E714 CONGRESSIONAL RECORD — Extensions of Remarks April 9, 2003 SENATE COMMITTEE MEETINGS APRIL 30 MAY 8 10 a.m. 1:30 p.m. Title IV of Senate Resolution 4, Energy and Natural Resources Appropriations agreed to by the Senate on February 4, Business meeting to consider comprehen- Legislative Branch Subcommittee 1977, calls for establishment of a sys- sive energy legislation. To hold hearings to examine proposed tem for a computerized schedule of all SD–366 budget estimates for fiscal year 2004 for the Secretary of the Senate and the Ar- meetings and hearings of Senate com- Indian Affairs To hold hearings to examine S. 519, to es- chitect of the Capitol. mittees, subcommittees, joint commit- tablish a Native American-owned fi- SD–124 tees, and committees of conference. nancial entity to provide financial MAY 12 This title requires all such committees services to Indian tribes, Native Amer- to notify the Office of the Senate Daily ican organizations, and Native Ameri- 3 p.m. Digest—designated by the Rules com- cans. Indian Affairs SR–485 To hold hearings to examine S. 575, to mittee—of the time, place, and purpose amend the Native American Languages of the meetings, when scheduled, and MAY 1 Act to provide for the support of Na- any cancellations or changes in the tive American language survival 10 a.m. meetings as they occur. schools. Energy and Natural Resources SR–485 As an additional procedure along Business meeting to consider comprehen- with the computerization of this infor- sive energy legislation. MAY 22 mation, the Office of the Senate Daily SD–366 10 a.m. Appropriations Digest will prepare this information for Indian Affairs Legislative Branch Subcommittee To hold oversight hearings to examine printing in the Extensions of Remarks To hold hearings to examine proposed the status of telecommunications in section of the CONGRESSIONAL RECORD budget estimates for fiscal year 2004 for Indian Country. on Monday and Wednesday of each the U.S. Capitol Police Board and the SR–485 week. Sergeant-at-Arms. SD–124 JUNE 3 Meetings scheduled for Thursday, 10 a.m. April 10, 2003 may be found in the Daily MAY 6 Indian Affairs Digest of today’s RECORD. 2:30 p.m. To hold hearings to examine the status Foreign Relations of tribal fish and wildlife management MEETINGS SCHEDULED To hold hearings to examine the nomina- programs. tion of Roger Francisco Noriega, of SR–485 Kansas, to be an Assistant Secretary of APRIL 29 State (Western Hemisphere Affairs). JUNE 4 10 a.m. SD–419 2 p.m. Energy and Natural Resources Indian Affairs Business meeting to consider comprehen- To hold hearings to examine the impacts sive energy legislation. on tribal fish and wildlife management SD–366 programs in the Pacific Northwest. SR–485

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HIGHLIGHTS Senate passed S. 476, CARE Act. Senate agreed to S. Con. Res. 31, POW Resolution. The House passed H.R. 1036, Protection of Lawful Commerce in Arms Act. Senate Rejected: Chamber Action Nickles Amendment No. 527, to exclude 25 per- Routine Proceedings, pages S4997–S5101 cent of gain on sales or exchanges of land or water Measures Introduced: Twenty-four bills and six interests to any nonprofit entity for any charitable resolutions were introduced, as follows: S. 826–849, purpose. (By 62 yeas to 38 nays (Vote No. 127), and S. Res. 111–116. Page S5059 Senate tabled the amendment.) Pages S5009–11 Measures Reported: Pursuant to the order of April 3, 2003, the bill was ordered held at the desk. S. 760, to implement effective measures to stop trade in conflict diamonds, with amendments. (S. POW Resolution: By a unanimous vote of 99 yeas Rept. No. 108–36) (Vote No. 129), Senate agreed to S. Con. Res. 31, H.R. 145, to designate the Federal building lo- expressing the outrage of Congress at the treatment cated at 290 Broadway in New York, New York, as of certain American prisoners of war by the Govern- the ‘‘Ted Weiss Federal Building’’. ment of Iraq, after agreeing to the following amend- H.R. 289, to expand the boundaries of the Ottawa ment proposed thereto: Pages S5045–48 National Wildlife Refuge Complex and the Detroit Lieberman Amendment No. 528 (to the Pre- River International Wildlife Refuge. amble), with respect to the treatment of certain S. 163, to reauthorize the United States Institute American prisoners of war. Page S5048 for Environmental Conflict Resolution. Nutria Eradication and Control Act: Senate S. 243, concerning participation of Taiwan in the passed H.R. 273, to provide for the eradication and World Health Organization. control of nutria in Maryland and Louisiana, clearing S. 763, to designate the Federal building and the measure for the President. Pages S5096–97 United States courthouse located at 46 Ohio Street National Youth Service Day: Senate agreed to S. in Indianapolis, Indiana, as the ‘‘Birch Bayh Federal Res. 112, designating April 11th, 2003, as ‘‘Na- Building and United States Courthouse’’. tional Youth Service Day’’. Pages S5092–93, S5097 S.J. Res. 3, expressing the sense of Congress with Commending University of Connecticut Wom- respect to human rights in Central Asia. Page S5058 en’s Basketball Team: Senate agreed to S. Res. 113, Measures Passed: commending the Huskies of the University of Con- Care Act: By 95 yeas to 5 nays (Vote No. 128), necticut for winning the 2003 NCAA Division I Senate passed S. 476, to provide incentives for chari- Women’s Basketball Championship. table contributions by individuals and businesses, to Pages S5093, S5098–99 improve the public disclosure of activities of exempt Honoring NBC Reporter David Bloom: Senate organizations, and to enhance the ability of low-in- agreed to S. Res. 114, honoring the life of NBC Re- come Americans to gain financial security by build- porter David Bloom, and expressing the deepest con- ing assets, after taking action on the following dolences of the Senate to his family on his death. amendment proposed thereto: Pages S5007–44 Pages S5093, S5099–S5100 D374

VerDate Jan 31 2003 05:18 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D09AP3.REC D09AP3 April 9, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D375 Congratulating Syracuse University Men’s Bas- Record Votes: Five record votes were taken today. ketball Team: Senate agreed to S. Res. 115, con- (Total—131) Pages S5011–12, S5019–20, S5048, S5049 gratulating the Syracuse University men’s basketball Adjournment: Senate met at 10 a.m., and ad- team for winning the 2003 NCAA Division I men’s journed at 6:30 p.m., until 10 a.m., on Thursday, basketball national championship. Page S5093 April 10, 2003. (For Senate’s program, see the re- Nomination—Agreement: A unanimous-consent marks of the Acting Majority Leader in today’s agreement was reached providing for consideration of Record on page S5101.) the nomination of Jeffrey S. Sutton, of Ohio, to be United States Circuit Judge for the Sixth Circuit, at Committee Meetings a time to be determined by the Majority Leader, after consultation with the Democratic Leader, on (Committees not listed did not meet) Friday, April 11, 2003; following debate on that day, the nomination be set aside and the Senate re- APPROPRIATIONS: DEPARTMENT OF sume consideration on Monday, April 28, 2003 for LABOR debate only; further, following debate on that day, Committee on Appropriations: Subcommittee on Labor, the nomination be set aside and the Senate continue Health and Human Services, and Education, and Re- its consideration on Tuesday, April 29, 2003, and at lated Agencies concluded hearings to examine pro- a time to be determined by the Majority Leader, posed budget estimates for fiscal year 2004 for the after consultation with the Democratic Leader, with Department of Labor, after receiving testimony from a vote on confirmation of the nomination. Page S5096 Elaine L. Chao, Secretary of Labor. Nominations Confirmed: Senate confirmed the fol- APPROPRIATIONS: MISSILE DEFENSE lowing nominations: By unanimous vote of 99 yeas (Vote No. 130), Committee on Appropriations: Subcommittee on Defense Dee D. Drell, of Louisiana, to be United States Dis- concluded hearings to examine proposed budget esti- trict Judge for the Western District of Louisiana. mates for fiscal year 2004 for the Department of De- Page S5049 fense missile defense program, focusing on missile By unanimous vote of 99 yeas (Vote No. 131), defense technology, research, development, and oper- Richard D. Bennett, of Maryland, to be United ational test activities of the Ballistic Missile Defense States District Judge for the District of Maryland. System, after receiving testimony from Lt. Gen. Page S5049 Ronald T. Kadish, USAF, Director, Missile Defense Agency, and Thomas P. Christie, Director, Oper- Nominations Received: Senate received the fol- ational Test and Evaluation, both of the Department lowing nominations: of Defense. James J. Jochum, of Virginia, to be an Assistant Secretary of Commerce. APPROPRIATIONS: IRS William H. Pryor, Jr., of Alabama, to be United Committee on Appropriations: Subcommittee on Trans- States Circuit Judge for the Eleventh Circuit. portation, Treasury, and General Government con- Thomas M. Hardiman, of Pennsylvania, to be cluded hearings to examine proposed budget esti- United States District Judge for the Western Dis- mates for fiscal year 2004 for the Internal Revenue trict of Pennsylvania. Service, after receiving testimony from Robert E. J. Ronnie Greer, of Tennessee, to be United States Wenzel, Acting Commissioner of Internal Revenue, District Judge for the Eastern District of Tennessee. Department of the Treasury. Page S5101 DEFENSE AUTHORIZATION: U.S. SPECIAL Messages From the House: Pages S5056–57 OPERATIONS COMMAND Measures Referred: Page S5056 Committee on Armed Services: Subcommittee on Emerg- Executive Communications: Pages S5057–58 ing Threats and Capabilities concluded hearings to Executive Reports of Committees: Page S5058 examine proposed legislation authorizing funds for fiscal year 2004 for the Department of Defense and Additional Cosponsors: Page S5059 the Future Years Defense Program, focusing on U.S. Statements on Introduced Bills/Resolutions: Special Operations Command, after receiving testi- Pages S5061–94 mony from Lieutenant General Byron D. Brown, Additional Statements: Pages S5056–61 USA, Deputy Commander, Harry Schultz, Senior Procurement and Acquisition Executive, and Richard Amendments Submitted: Pages S5094–95 Rogers, Command Master Chief, all of the U.S. Spe- Authority for Committees to Meet: Pages S5095–96 cial Operations Command.

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DEFENSE AUTHORIZATION: eters and improving the collection and proper man- CONTINGENCY PLANS agement of mercury; Committee on Armed Services: Subcommittee on Readi- S. 515, to provide additional authority to the Of- ness and Management Support concluded hearings to fice of Ombudsman of the Environmental Protection examine proposed legislation authorizing funds for Agency; fiscal year 2004 for the Department of Defense, fo- H.R. 289, to expand the boundaries of the Ottawa cusing on the readiness of the military services to National Wildlife Refuge Complex and the Detroit conduct current operations and execute contingency River International Wildlife Refuge; plans, after receiving testimony from Paul W. S. 163, to reauthorize the United States Institute Mayberry, Deputy Under Secretary of Defense for for Environmental Conflict Resolution; Readiness; Lieutenant General Norton A. Schwartz, S. 791, to amend the Clean Air Act to eliminate USAF, Director for Operations, The Joint Staff; methyl tertiary butyl ether from the United States Lieutenant General Richard Cody, USA, Deputy fuel supply, to increase production and use of renew- Chief of Staff, G–3, Department of the Army; Vice able fuel, and to increase the Nation’s energy inde- Admiral Kevin P. Green, USN, Deputy Chief of pendence, with amendments; Naval Operations for Plans, Policy, and Operations; S. 156, to amend the Atomic Energy Act of 1954 Lieutenant General Emil R. Bedard, USMC, Deputy to reauthorize the Price-Anderson provisions, with an Commandant for Plans, Policies, and Operations; amendment in the nature of a substitute amend- and Major General Randall M. Schmidt, USAF, As- ment; and sistant Deputy Chief of Staff, Office of the Deputy The nominations of Richard W. Moore, of Ala- Chief of Staff for Air and Space Operations. bama, to be Inspector General, Tennessee Valley Au- thority, Ricky Dale James, of Missouri, and Rear HOMELAND SECURITY Adm. Nicholas Augustus Prahl, National Oceanic Committee on Commerce, Science, and Transportation: and Atmospheric Administration, both to be a Mem- Committee concluded hearings to examine homeland ber of the Mississippi River Commission, Robert security issues, focusing on securing the nation’s Boldrey, of Michigan, Richard Narcia and Herbert transportation systems, borders, and ports of entry, Guenther, both of Arizona, Bradley Udall, of Colo- after receiving testimony from Tom Ridge, Secretary rado, and Malcolm B. Bowekaty, of New Mexico, of Homeland Security. each to be a Member of the Board of Trustees of the BUSINESS MEETING: COMPREHENSIVE Morris K. Udall Scholarship and Excellence in Na- ENERGY LEGISLATION tional Environmental Policy Foundation, and John Paul Woodley, Jr., of Virginia, to be an Assistant Committee on Energy and Natural Resources: Committee Secretary of the Army for Civil Works. met to consider comprehensive energy legislation, focusing on provisions relating to oil and gas, and SOCIAL SECURITY TRUSTEES’ REPORT coal, but did not complete action thereon, and will Committee on Finance: Committee held hearings to ex- meet again on Thursday, April 10. amine the 2003 Annual Report of the Board of BUSINESS MEETING Trustees of the Federal Old Age and Survivors Insur- ance and Disability Insurance Trust Funds, focusing Committee on Environment and Public Works: Com- on the current financial status of the Social Security mittee ordered favorably reported the following busi- program, new measures in the report, sustainable ness items: solvency, stochastic projections and uncertainty, and H.R. 145, to designate the Federal building lo- the effects of deferring reform, receiving testimony cated at 290 Broadway in New York, New York, as from Stephen C. Goss, Chief Actuary, Social Security the ‘‘Ted Weiss Federal Building’’; Administration. S. 703, to designate the regional headquarters Hearings recessed subject to call. building for the National Park Service under construction in Omaha, Nebraska, as the ‘‘Carl T. Curtis BUSINESS MEETING National Park Service Midwest Regional Head- Committee on Foreign Relations: Committee ordered fa- quarters Building’’; vorably reported the following business items: S. 763, to designate the Federal building and An original bill to authorize appropriations for the United States courthouse located at 46 East Ohio Department of State, and United States international Street in Indianapolis, Indiana, as the ‘‘Birch Bayh broadcasting activities; Federal Building and United States Courthouse’’; S.J. Res. 3, expressing the sense of the Congress S. 616, to amend the Solid Waste Disposal Act with respect to human rights in Central Asia; to reduce the quantity of mercury in the environ- S. 243, concerning participation of Taiwan in the ment by limiting the use of mercury fever thermom- World Health Organization; and

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The nominations of Lino Gutierrez, of Florida, to NOMINATIONS be Ambassador to Argentina, Roland W. Bullen, of Committee on Foreign Relations: Committee concluded Virginia, to be Ambassador to the Co-operative Re- hearings to examine the nominations of Heather M. public of Guyana, Eric M. Javits, of New York, for Hodges, of Ohio, to be Ambassador to the Republic the rank of Ambassador during his tenure of service of Moldova, Eric S. Edelman, of Virginia, to be Am- as United States Representative to the Organization bassador to the Republic of Turkey, who was intro- for the Prohibition of Chemical Weapons, and John duced by Mr. Warner, Ralph Frank, of Washington, W. Snow, of Virginia, to be United States Governor of the International Monetary Fund, the Inter- to be Ambassador to the Republic of Croatia, Reno national Bank for Reconstruction and Development, L. Harnish, of California, to be Ambassador to the the Inter-American Development Bank, the African Republic of Azerbaijan, Stephen D. Mull, of Vir- Development Bank, the Asian Development Bank, ginia, to be Ambassador to the Republic of Lith- the African Development Fund, the European Bank uania, who was introduced by Mr. Warner, and Ste- for Reconstruction and Development, and a Foreign phen M. Young, of New Hampshire, to be Ambas- Service Officer appointment/promotion list received sador to the Kyrgyz Republic, after each nominee in the Senate on February 25, 2003. testified and answered questions in their own behalf. HUMAN TRAFFICKING HOMELAND SECURITY Committee on Foreign Relations: Subcommittee on East Committee on Governmental Affairs: Committee held Asian and Pacific Affairs concluded hearings to ex- hearings to examine homeland security issues, focus- amine United States policy toward the trafficking of ing on the Department of Homeland Defense’s re- women and children in East Asia, focusing on pre- sponsibilities in assisting states, local governments, vention, protection and support for victims, and and first responders, receiving testimony from prosecution of traffickers, after receiving testimony from John R. Miller, Director, Office to Monitor and Chauncey Bowers, Prince George’s County Fire De- Combat Trafficking in Persons, Department of State; partment, Maryland, on behalf of the International Donna M. Hughes, University of Rhode Island, Association of Fire Fighters; Michael J. Chitwood, Kingston; and Gary A. Haugen, International Justice Portland Police Department, Maine; Jeffrey Horvath, Mission, Washington, D.C. Dover Police Department, Delaware; and Edward P. Plaugher, Arlington County Fire Department, Vir- NOMINATION ginia. Committee on Foreign Relations: Committee concluded Hearings recessed until Wednesday, May 14. hearings to examine the nomination of Pamela J.H. Slutz, of Texas, to be Ambassador to Mongolia, after INDIAN HEALTH SERVICES the nominee testified and answered questions in her Committee on Indian Affairs: Committee concluded own behalf. hearings to examine S. 285, to authorize the integra- NOMINATIONS tion and consolidation of alcohol and substance abuse Committee on Foreign Relations: Committee concluded programs and services provided by Indian tribal gov- hearings to examine the nominations of Joseph ernments, S. 558, to elevate the position Director of LeBaron, of Oregon, to be Ambassador to the Is- the Indian Health Service within the Department of lamic Republic of Mauritania, Gregory W. Engle, of Health and Human Services to Assistant Secretary Colorado, to be Ambassador to the Togolese Repub- for Indian Health, and S. 555, to establish the Na- lic, Wayne E. Neill, of Nevada, to be Ambassador tive American Health and Wellness Foundation, to the Republic of Benin, Helen R. Meagher La after receiving testimony from William Raub, Act- Lime, of Florida, to be Ambassador to the Republic ing Assistant Secretary of Health and Human Serv- of Mozambique, and William M. Bellamy, of Cali- ices for Planning and Evaluation; Julia Davis-Wheel- fornia, to be Ambassador to the Republic of Kenya, er, Denver, Colorado, on behalf of the National In- after each nominee testified and answered questions dian Health Board; and Hoskie Benally, Jr., Our in their own behalf. Youth, Our Future, Inc., Farmington, New Mexico.

VerDate Jan 31 2003 05:18 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D09AP3.REC D09AP3 D378 CONGRESSIONAL RECORD — DAILY DIGEST April 9, 2003 House of Representatives ability action could be taken (rejected by recorded Chamber Action vote of 148 ayes to 278 noes, Roll No. 120); Measures Introduced: Measures introduced will ap- Pages H2982–84, H2994–95 pear in the next issue of the Record. Linda T. Sanchez of California amendment No. 3 Additional Cosponsors: (See next issue.) printed in H. Rept. 108–64 that sought to permit Reports Filed: Reports were filed today as follows: liability actions against gun sellers or manufacturers Conference report on S. 151, to amend title 18, who sell guns or ammunition to someone who uses United States Code, with respect to the sexual ex- illegal drugs or who has been adjudicated as a men- ploitation of children (H. Rept. 108–66); tal defective (rejected by recorded vote of 134 ayes H.R. 1531, to amend the Internal Revenue Code to 289 noes, Roll No. 121); Pages H2984–87, H2995 of 1986 to enhance energy conservation and to pro- Meehan amendment No. 4 printed in H. Rept. vide for reliability and diversity in the energy supply 108–64 that sought to permit liability actions for the American people, amended (H. Rept. against manufacturers, sellers, or trade associations 108–67); for negligence (rejected by recorded vote of 144 ayes H. Res. 188, waving points of order against the to 280 noes, Roll No. 122); and conference report to accompany S. 151, to amend Pages H2987–90, H2995–96 title 18, United States Code, with respect to the sex- Watt amendment No. 5 printed in H. Rept. ual exploitation of children (H. Rept. 108–68); 108–64 that sought to permit liability actions (See next issue.) against distributors, dealers, importers of firearms or Speaker Pro Tempore: Read a letter from the ammunition products and trade associations. Speaker wherein he appointed Representative Gib- Pages H2991–94 bons for today. Page H2941 Certain words used in debate were objected to Protection of Lawful Commerce in Arms Act: and, on request, were taken down and read at the The House passed H.R. 1036, to prohibit civil li- Clerk’s desk. The Chair found that the words were ability actions from being brought or continued not unparliamentary under the rules and precedents against manufacturers, distributors, dealers, or im- of the House. Agreed to table the appeal of the rul- porters of firearms or ammunition for damages re- ing of the Chair by a recorded vote of 227 ayes to sulting from the misuse of their products by others 195 noes with 1 voting ‘‘present’’, Roll No. 119. by yea-and-nay vote of 285 yeas to 140 nays, Roll Page H2990 No. 124. Pages H2944–99 H. Res. 181, the rule that provided for consider- Rejected the Watt motion that sought to recom- ation of the bill was agreed to by voice vote. mit the bill back to the Committee on the Judiciary Pages H2944–50 with instructions to report it back forthwith with Expenses of Standing and Select Committees: amendments that strike the provisions that dismiss The House agreed to H. Res. 185, extending the pe- prohibited liability actions pending in any Federal or riod of availability of amounts for continuing ex- State court by yea-and-nay vote of 140 yeas to 282 penses of standing and select committees of the nays, Roll No. 123. Pages H2997–98 House through May 9, 2003. Page H2996 Pursuant to the rule, the amendment in the nature of a substitute recommended by the Committee Recess: The House recessed at 4:05 p.m. and recon- on the Judiciary now printed in the bill (H. Rept. vened at 5:08 p.m. Page H2996 108–59) was considered as an original bill for the Suspensions: The House agreed to suspend the rules purpose of amendment, and subsequently agreed to. and pass the following measures: Page H2997 40th Anniversary of the Sinking of the USS Rejected: Watt amendment No. 1 printed in H. Rept. Thresher: Debated on April 8, H. Res. 170, Recog- nizing the 40th anniversary of the sinking of the 108–64 that sought to strike language that specifies 2 that if a product is used as intended, then a liability USS Thresher (agreed to by ⁄3 yea-and-nay vote of action may be taken for damages resulting from a 423 yeas with none voting ‘‘nay’’, Roll No. 125); Page H2999 defect in design or manufacture; Pages H2979–82 Scott amendment of Virginia No. 2 printed in H. Condolences on the Assassination of Prime Min- Rept. 108–64 that sought to eliminate the require- ister Zoran Djindjic of Serbia: Debated on April 8, ment for the conviction of a transferor before a li- H. Res. 149, expressing the condolences of the

VerDate Jan 31 2003 05:18 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D09AP3.REC D09AP3 April 9, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D379 House of Representatives in response to the assassination of Prime Minister Zoran Djindjic of Serbia Committee Meetings (agreed to by 2⁄3 yea-and-nay vote of 425 yeas to 1 COMMERCE, JUSTICE, STATE AND THE nay, Roll No. 126); and Pages H2999–H3000 JUDICIARY, AND RELATED AGENCIES Armed Forces Tax Fairness Act: H.R. 1664, To APPROPRIATIONS amend the Internal Revenue Code of 1986 to pro- Committee on Appropriations: Subcommittee on Com- vide a special rule for members of the uniformed merce, Justice, State and the Judiciary, and Related services in determining the exclusion of gain from Agencies held a hearing on Supreme Court. Testi- the sale of a principal residence and to restore the mony was heard from the following Justices of the tax exempt status of death gratuity payments to Supreme Court: Anthony M. Kennedy; and Clarence members of the uniformed services. Pages H3000–04 Thomas. Suspension Proceedings Postponed: Further pro- The Subcommittee also held a hearing on FTC. ceedings on the following motions to suspend the Testimony was heard from Timothy Muris, Chair- rules debated today were postponed until Thursday, man, FTC. April 10. Page H3004 DISTRICT OF COLUMBIA APPROPRIATIONS Fundamental Tax Reform: H. Con. Res. 141, Committee on Appropriations: Subcommittee on District expressing the sense of the Congress that the Inter- of Columbia held a hearing on Court Services and nal Revenue Code of 1986 should be fundamentally Offender Supervision Agency. Testimony was heard reformed to be fairer, simpler, and less costly and to from the following officials of the District of Colum- encourage economic growth, individual liberty, and bia: Paul Quander, Director, Court Services and Of- investment in American jobs; and Pages H3004–09 fender Supervision Agency; and Susan Shafer, Direc- Support for a Lasting Settlement in Cyprus: H. tor, Pretrial Services Agency. Res. 165, amended, expressing support for a renewed FOREIGN OPERATIONS, EXPORT effort to find a peaceful, just, and lasting settlement FINANCING AND RELATED PROGRAMS to the Cyprus problem. Pages H3009–14 APPROPRIATIONS 100th Anniversary of the Founding of the Labor- Committee on Appropriations: Subcommittee on Foreign ers’ International Union of North America: The Operations, Export Financing and Related Programs House agreed to H. Res. 186, recognizing the 100th held a hearing on AID. Testimony was heard from anniversary of the founding of the Laborers’ Inter- Andrew Natsios, Administrator, AID, Department of national Union of North America and congratulating State. the members and officers of the Laborers’ Inter- LABOR, HEALTH AND HUMAN SERVICES, national Union of North America for the Union’s EDUCATION AND RELATED AGENCIES many achievements. The resolution was considered APPROPRIATIONS by unanimous consent. Pages H3014–15 Committee on Appropriations: Subcommittee on Labor, Congratulating Syracuse University for Winning Health and Human Services, Education and Related the 2003 NCAA Division I National Champion- Agencies held a hearing on Bioterrorism. Testimony ship: The House agreed to H. Con. Res. 142, con- was heard from Jerome M. Hauer, Assistant Sec- gratulating the Syracuse University men’s basketball retary, Public Health Emergency Preparedness, De- team for winning the 2003 NCAA Division I men’s partment of Health and Human Services. basketball national championship. The concurrent resolution was considered by unanimous consent. LEGISLATIVE APPROPRIATIONS Pages H3015–18 Committee on Appropriations: Subcommittee on Legisla- Amendments: Amendments ordered printed pursu- tive held a hearing on House of Representative, the ant to the rule will appear in the next issue of the Library of Congress, the CBO, the GPO, and the Record. GAO. Testimony was heard from the following officials of the House of Representatives: Jay Eagen, Quorum Calls—Votes: Four yea-and-nay votes and CAO; Jeff Trandahl, Clerk of the House; Wilson S. four recorded votes developed during the proceedings Livingood, Sergeant at Arms; Steven McNamara, In- of the House today and appear on pages H2990, spector General; Geraldine Gennet, Office of the H2994–95, H2995, H2995–96, H2997–98, General Counsel; John R. Miller, Office of the Law H2998–99, H2999, and H3000. There were no Revision Counsel; and M. Pope Barrow, Office of the quorum calls. Legislative Counsel; John Eisold, M.D., Office of the Recess: The House met at 10 a.m. and at 11:50 Attending Physician; James H. Billington, Librarian p.m. stands in recess subject to the call of the Chair. of Congress; Douglas Holtz-Eakin, Director, CBO;

VerDate Jan 31 2003 05:18 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D09AP3.REC D09AP3 D380 CONGRESSIONAL RECORD — DAILY DIGEST April 9, 2003 Bruce R. James, Public Printer, GPO; and David M. for full Committee action, as amended, H.R. 1375, Walker, Comptroller General, GAO. Financial Services Regulatory Relief Act of 2003. TRANSPORTATION AND TREASURY, AND SARS THREAT; IMMUNITY INDEPENDENT AGENCIES APPROPRIATIONS Committee on Government Reform: Held a hearing on ‘‘The SARS Threat: Is the Nation’s Public Health Committee on Appropriations: Subcommittee on Trans- Network Prepared for a Possible Epidemic.’’ Testi- portation and Treasury, and Independent Agencies mony was heard from Tommy G. Thompson, Sec- held a hearing on National Youth Anti-Drug Media retary of Health and Human Services; Janet Campaign. Testimony was heard from John P. Wal- Heinrich, Director, Public Health Issues, GAO; and ters, Director, Office of National Drug Control Pol- public witnesses. icy, and public witnesses. The Committee also approved immunity for Wil- The Subcommittee also held a hearing on FAA liam Bulger and Francis Salemme. Personnel Costs and Management. Testimony was heard from the following officials of the Department STANDARD DEVELOPMENT of Transportation: Marion Blakey, Administrator; ORGANIZATION ADVANCEMENT ACT FAA; and Kenneth Mead, Inspector General. Committee on the Judiciary: Task Force on Antitrust VA, HUD, AND INDEPENDENT AGENCIES held a hearing on H.R. 1086, Standard Development APPROPRIATIONS Organization Advancement Act of 2003. Testimony Committee on Appropriations: Subcommittee on VA, was heard from Earl Everett, Director, Division of HUD, and Independent Agencies continued appro- Safety Engineering, Department of Labor, State of priation hearings. Testimony was heard from public Georgia; and public witnesses. witnesses. ENERGY POLICY ACT FAMILY TIME FLEXIBILITY ACT; Committee on Rules: Testimony was heard from Chair- IMPROVING EDUCATION RESULTS FOR man Tauzin and Representatives Wilson of New CHILDREN WITH DISABILITIES ACT Mexico, Boehlert, Calvert, McCrery, Johnson of Con- Committee on Education and the Workforce: Ordered re- necticut, Ryan of Wisconsin, Pombo, Porter, Shays, ported H.R. 1119, Family Time Flexibility Act. Capito, Ose, King of Iowa, Tom Davis of Virginia, The Committee also began markup of H.R. 1350, Miller of Florida, Dingell, Markey, Boucher, Stupak, Improving Education Results for Children With Capps, Schakowsky, Solis, Davis of Florida, Costello, Disabilities Act of 2003. Udall of Colorado, Wu, Rahall, Inslee, Udall of New Will continue tomorrow. Mexico, Oberstar, Nadler, Blumenauer, Berkley, STRENGTHENING AND IMPROVING Maloney, Waxman, and Hastings of Florida. on H.R. MEDICARE 6, Energy Policy Act of 2003. Further action was deferred. Committee on Energy and Commerce: Subcommittee on Health, hearing entitled ‘‘Strengthening and Improv- CONFERENCE REPORT—PROTECT ACT ing Medicare.’’ Testimony was heard from Rick Fos- Committee on Rules: Granted, by voice vote, a rule ter, Chief Actuary, Center for Medicare and Med- waiving all points of order against the conference re- icaid Services, Department of Health and Human port to accompany S. 151, Prosecutorial Remedies Services; Barbara Kennelly, President, National and Tools Against the Exploitation of Children Committee to Preserve Social Security and Medicare; Today (PROTECT) Act of 2003 and against its con- and public witnesses. sideration. The rule provides that the conference re- COMMERCIAL SPECTRUM ENHANCEMENT port shall be considered as read. Testimony was ACT heard from Chairman Sensenbrenner and Representa- Committee on Energy and Commerce: Subcommittee on tive Scott of Virginia. Telecommunications and the Internet approved for full Committee action, as amended, H.R. 1320, NANOTECHNOLOGY—SOCIETAL Commercial Spectrum Enhancement Act. IMPLICATIONS Committee on Science: Held a hearing on The Societal FINANCIAL SERVICES REGULATORY Implications of Nanotechnology, focusing on H.R. RELIEF ACT 766, Nanotechnology Research and Development Committee on Financial Services: Subcommittee on Fi- Act of 2003. Testimony was heard from public wit- nancial Institutions and Consumer Credit approved nesses.

VerDate Jan 31 2003 05:18 Apr 10, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D09AP3.REC D09AP3 April 9, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D381 ‘‘WILL WE HAVE AN ECONOMIC RECOVERY Teachers Program. Testimony was heard from Nina WITHOUT A STRONG U.S. Rees, Deputy Under Secretary, Innovation and Im- MANUFACTURING BASE?’’ provement, Department of Education; John Gantz, Committee on Small Business: Held a hearing entitled Director, Defense Activity, Non-Traditional Edu- ‘‘Will We Have An Economic Recovery Without a cational Support, Department of Defense; and public Strong U.S. Manufacturing Base?’’ Testimony was witnesses. heard from Grant Aldonas, Under Secretary, Inter- national Trade, Department of Commerce; and pub- EXPANDING COVERAGE OF PRESCRIPTION lic witnesses. DRUGS IN MEDICARE MISCELLANEOUS MEASURES Committee on Ways and Means: Held a hearing on Ex- panding Coverage of Prescription Drugs in Medicare. Committee on Transportation and Infrastructure: Ordered Testimony was heard from Douglas Holtz-Eakin, Di- reported the following measures: H.R. 1527, Na- rector, CBO; David M. Walker, Comptroller Gen- tional Transportation Safety Board Reauthorization eral, GAO; and public witnesses. Act of 2003; H. Con. Res. 53, amended, authorizing the use of the Capitol Grounds for the Greater Washington Soap Box Derby; H. Con. Res. 96, au- Joint Meetings thorizing the use of the Capitol Grounds for the Na- tional Peace Officers’ Memorial Service; H. Con. Res. PROTECT ACT 128, authorizing the use of the Capitol Grounds for Conferees on Tuesday, April 8, agreed to file a con- the National Peace Officers’ Memorial Service; H.R. ference report on the differences between the Senate 281, to designate the Federal building and United and the House passed versions of S. 151, to prevent States courthouse located at 200 West 2nd Street in child abduction and the sexual exploitation of chil- Dayton, Ohio, as the ‘‘Tony Hall Federal Building dren. and United States Courthouse;’’ and H.R. 1018, to designate the building located at 1 Federal Plaza in CONGRESSIONAL BUDGET RESOLUTION New York, New York, as the ‘‘James L. Watson Conferees agreed to file a conference report on the dif- United States Court of International Trade Build- ferences between the Senate and the House passed ing.’’ versions H. Con. Res. 95, establishing the congres- The Committee also approved 15 GSA Lease reso- sional budget for the United States Government for lutions and 2 amending resolutions. fiscal year 2004 and setting forth appropriate budg- FAA AND FEDERAL AVIATION etary levels for fiscal years 2003 and 2005 through ADMINISTRATION REAUTHORIZATION 2013. Committee on Transportation and Infrastructure: Sub- f committee on Aviation held a hearing on Reauthor- ization of the Federal Aviation Administration and COMMITTEE MEETINGS FOR THURSDAY, The Aviation Programs: General Aviation. Testi- APRIL 10, 2003 mony was heard from public witnesses. (Committee meetings are open unless otherwise indicated) ECONOMIC DEVELOPMENT Senate ADMINISTRATION REAUTHORIZATION Committee on Appropriations: Subcommittee on Com- Committee on Transportation and Infrastructure: Sub- merce, Justice, State, and the Judiciary, to hold hearings committee on Economic Development, Public Build- to examine proposed budget estimates for fiscal year 2004 ings and Emergency Management held a hearing on for the Federal Bureau of Investigation, 10 a.m., S–146, Regional Economic Development Authority issues Capitol. relating to reauthorization of the Economic Develop- Subcommittee on Interior, to hold hearings to examine proposed budget estimate for fiscal year 2004 for the De- ment Administration. Testimony was heard from the partment of the Interior, 10 a.m., SD–124. following officials of the Appalachian Regional Com- Subcommittee on VA, HUD, and Independent Agen- mission: Anne B. Pope, Federal Co-Chair; and Wil- cies, to hold hearings to examine proposed budget esti- liam C. Shelton, Alternate of the State Co-Chairman; mate for fiscal year 2004 for Corporation for National and and public witnesses. Community Service and Community Development Finan- OVERSIGHT—TROOPS TO TEACHERS cial Institutions Fund, 10 a.m., SD–138. PROGRAM Subcommittee on Legislative Branch, to hold hearings to examine proposed budget estimates for fiscal year 2004 Committee on Veterans’ Affairs: Subcommittee on Bene- for the Library of Congress and the Open World Leader- fits held an oversight hearing on the Troops to ship Center, 1:30 p.m., SD–116.

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Subcommittee on Homeland Security, to hold hearings and Charles F. Lettow, of Virginia, each to be a Judge to examine proposed budget estimates for fiscal year 2004 of the United States Court of Federal Claims, Cecilia M. for science and technology, 2 p.m., SD–192. Altonaga, to be United States District Judge for the Committee on Armed Services: to hold hearings to examine Southern District of Florida, and Patricia Head Minaldi, the military implications of NATO enlargement and to be United States District Judge for the Western Dis- post-conflict Iraq, to be followed by a closed session in trict of Louisiana, 10 a.m., SD–226. SR–222, 10:15 a.m., SD–106. Committee on Banking, Housing, and Urban Affairs: to House hold hearings to examine recent developments in Hedge Committee on Agriculture, Subcommittee on General Funds, 10 a.m., SD–538. Farm Commodities and Risk Management, hearing on Committee on Commerce, Science, and Transportation: to implementation of the 2002 Farm bill and 2003 Agri- hold hearings to examine proposed legislation authorizing culture Assistance, 10 a.m., 1300 Longworth. funds for the Federal Aviation Administration reauthor- Committee on Appropriations, Subcommittee on Com- ization, 10 a.m., SR–253. merce, Justice, State and the Judiciary and Related Agen- Subcommittee on Science, Technology, and Space, to cies, on Members of Congress, 10 a.m., H–309 Capitol. hold hearings to examine brain mapping, 2:30 p.m., Subcommittee on Homeland Security, on Science and SR–253. Technology, 10 a.m., and on U.S. Coast Guard, 2 p.m., Committee on Energy and Natural Resources: business 2359 Rayburn. meeting to consider comprehensive energy legislation, 10 Subcommittee on Labor, Health and Human Services a.m., SD–366. and Related Agencies, on Secretary of Labor, 10:15 a.m., Committee on Environment and Public Works: Sub- 2358 Rayburn. committee on Fisheries, Wildlife, and Water, to hold Subcommittee on Transportation and Treasury and oversight hearings to examine the designation of critical Independent Agencies, on Passenger Rail (Panel), 10 habitat under the Endangered Species Act, 9:30 a.m., a.m., 2358 Rayburn. SD–406. Subcommittee on VA, HUD and Independent Agen- Committee on Foreign Relations: business meeting to con- cies, on NSF, 10 a.m., H–143 Capitol. sider pending nominations, 9:30 a.m., SD–419. Committee on Education and the Workforce, to continue Committee on Governmental Affairs: to hold hearings to markup of H.R. 1350, Improving Education Results for examine the nomination of Peter Eide, of Maryland, to be Children With Disabilities Act of 2003, 9:45 a.m., 2175 General Counsel of the Federal Labor Relations Author- Rayburn. ity, 9:30 a.m., SD–342. Committee on Financial Services, Subcommittee on Capital Full Committee, to hold hearings to examine pros- Markets, Insurance and Government Sponsored Enter- ecuting Iraqi war crimes, 12 noon, SD–342. prises, hearing entitled ‘‘The Effectiveness of State Regu- Committee on Health, Education, Labor, and Pensions: to lation: Why Some Consumers Can’t Get Insurance,’’ 10 hold hearings to examine the teaching of American his- a.m., 2128 Rayburn. tory and civics in the classroom, 9 a.m., SD–430. Committee on Government Reform, hearing entitled ‘‘Are Committee on Indian Affairs: business meeting to con- We Ready for Prime Time? Assessing the State of Emer- sider S. 521, to amend the Act of August 9, 1955, to gency Readiness in the Nation’s Capital,’’ 11:30 a.m., extend the terms of leases of certain restricted Indian 2154 Rayburn. land, S. 522, to amend the Energy Policy Act of 1992 Committee on International Relations, Subcommittee on to assist Indian tribes in developing energy resources, S. Europe, hearing on The Balkans: Assessing the Progress 523, to make technical corrections to law relating to Na- and Looking to the Future, 1:30 p.m., 2172 Rayburn. tive Americans, and S. 428, to provide for the distribu- Committee on the Judiciary, Subcommittee on Immigra- tion of judgment funds to the Assiniboine and Sioux tion, Border Security, and Claims, oversight hearing on Tribes of the Fort Peck Reservation, 9:30 a.m., SR–485. ‘‘Department of Homeland Security Transition: Bureau of Committee on the Judiciary: Business meeting to consider Immigration and Customs Enforcement,’’ 10 a.m., 2237 S. 274, to amend the procedures that apply to consider- Rayburn. ation of interstate class actions to assure fairer outcomes Committee on Resources, Subcommittee on Fisheries Con- for class members and defendants, S. 731, to prohibit servation, Wildlife and Oceans, hearing on H.R. 1497, fraud and related activity in connection with authentica- Sikes Act Reauthorization Act of 2003, 10 a.m., 1324 tion features, S. Res. 108, designating the week of April Longworth. 21 through April 27, 2003, as ‘‘National Cowboy Poetry Committee on Science, Subcommittee on Environment, Week’’, S. Res. 111, designating April 30, 2003, as ‘‘Dia Technology, and Standards, hearing on Transportation de los Ninos: Celebrating Young Americans’’, S.J. Res. 8, Research and Development: Investing in the Future, 10 expressing the sense of Congress with respect to raising a.m., 2318 Rayburn. awareness and encouraging prevention of sexual assault in Committee on Veterans’ Affairs, Subcommittee on Bene- the United States and supporting the goals and ideals of fits, hearing on the following bills: H.R. 241, Veterans National Sexual Assault Awareness and Prevention Beneficiary Fairness Act of 2003; H.R. 533, Agent Or- Month, and the nominations of J. Leon Holmes, to be ange Veterans’ Disabled Children’s Benefits Act of 2003; United States District Judge for the Eastern District of H.R. 761, Disabled Servicemembers Adapted Housing Arkansas, Susan G. Braden, of the District of Columbia, Assistance Act of 2003; H.R. 850, Former Prisoners of

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War Special Compensation Act of 2003; H.R. 966, Dis- Committee on Ways and Means, Subcommittee on abled Veterans’ Return-to-Work Act of 2003; and H.R. Human Resources, hearing on Unemployment Benefits 1048, Disabled Veterans Adaptive Benefits Improvement and ‘‘Returns to Work,’’ 10 a.m., B–318 Rayburn. Act of 2003; 9:30 a.m., 334 Cannon. Subcommittee on Health, oversight hearing on medical Joint Meetings and prosthetic research programs in the Department of Veterans Affairs, 1 p.m., 334 Cannon. Joint Economic Committee: to hold hearings to examine Subcommittee on Oversight and Investigations, hearing Medicare’s financial crisis, focusing on the long-term fi- on VA’s progress in the development of the medical edu- nancial viability of the program, proposals to add a pre- cation program mandated by Section 3 of the Department scription drug benefit and other reforms, 10:30 a.m., of Veterans Affairs Emergency Preparedness Act of 2002, SD–562. 10 a.m., 340 Cannon.

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

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of the conference morning business (not to extend beyond 11 a.m.), Senate report on S. 151, Prosecutorial Remedies and Tools may consider S. 113, Foreign Intelligence Surveillance Against the Exploitation of Children Today (PROTECT) Act, conference report on S. 151, PROTECT Act, the Act (rule waiving points of order); nomination of Priscilla Richman Owen, of Texas, to be Consideration of H.R. 6, Energy Policy Act of 2003 United States Circuit Judge for the Fifth Circuit, S. 15, (subject to a rule). Biodefense Improvement and Treatment for America Act, and any other conference reports that become available, including the conference report on H. Con. Res. 95, Con- gressional Budget Resolution, and the conference report on H.R. 1559, Emergency Wartime Supplemental.

Extensions of Remarks, as inserted in this issue

HOUSE

Dingell, John D., Mich., E712 Kleczka, Gerald D., Wisc., E711 Levin, Sander M., Mich., E713 Ney, Robert W., Ohio, E711, E712 Owens, Major R., N.Y., E711 Paul, Ron, Tex., E711, E712 Pomeroy, Earl, N.D., E713

(House proceedings for today will be continued in the next issue of the Record.)

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